Agenda Packet 2004-03-23
CITY COUNCIL Ctt! of
AGENDA ArrOlo Grancle
Tony M. Ferrara Mayor
Sandy Lubin Mayor Pro Tem Steven Adams City Manager
Thomas A. Runels Council Member Timothy J. Carmel City Attorney
Jim Dickens Council Member Kelly Wetmore Director, Administrative Services
Joe Costello Council Member
AGENDA SUMMARY
CITY COUNCIL
TUESDAY, MARCH 23, 2004
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
3, FLAG SALUTE: AMERICAN LEGION POST NO, 136
4, INVOCATION: JEAN BOWSER, BAHAI FAITH
5, SPECIAL PRESENTATIONS:
5.a. Mavor's Commendation Recoanizina Khatchik "Katcho" Achadiian. County
SUDervisor - District 4 for Contribution Received for the Villaae Streetliaht "Let
There Be Liahts" Proaram
5.b. Honorarv Proclamation Recoanizina ADril 2004 as the "Month of the Child"
6, AGENDA REVIEW:
6.a. 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 - MARCH 23, 2004
PAGE 2
7, COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions on matters not scheduled on this agenda.
Comments should be limited to those matters that are within the jurisdiction of the
City Council. The Brown Act restricts the Council from taking formal action on
matters not published on the agenda. In response to your comments, the Mayor or
presiding Council Member may:
. Direct City staff to assist or coordinate with you.
. A Council Member may state a desire to meet with you.
. It may be the desire of the Council to place your issue or matter on a
future Council agenda.
Please adhere to the following procedures when addressing the Council:
. Comments should be limited to 3 minutes or less.
. Your comments should be directed to the Council as a whole and not
directed to individual Council members.
. Slanderous, profane or personal remarks against any Council Member or
member of the audience shall not be permitted.
8, CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a group.
The recommendations for each item are noted. Any Council Member may request
that any item be withdrawn from the Consent Agenda to permit discussion or change
the recommended course of action. The City Council may approve the remainder of
the Consent Agenda on one motion.
8.a. Cash Disbursement Ratification (SNODGRASS)
Recommended Action: Approve the listings of cash disbursements for the period
March 1, 2004 - March 15, 2004.
8.b. Consideration of Cash Flow Analysis/ADDroval of Interfund Advance from the
Water Facility Fund (SNODGRASS)
Recommended Action: Receive and file the February 2004 cash report and
approve the interfund advance from the Water Facility Fund to cover cash deficits in
other funds at February 29,2004.
8.c. Consideration of ADDroval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Special City Council Meeting
and Regular City Council/Redevelopment Agency Meeting of March 9, 2004 as
submitted.
8.d. Reiection of Claim Aaainst City - L. Byrd (WETMORE)
Recommended Action: Reject claim.
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AGENDA SUMMARY - MARCH 23, 2004
PAGE 3
8, CONSENT AGENDA (continued):
8.e. Consideration of Reauest to Refund ADDlication Fee for Drive- Thru Girl Scout
Cookie Sale in the Parkina Lot at 1200 E, Grand Avenue (STRONG)
Recommended Action: Approve the request from the Girl Scouts of Tres Condados
to refund the application fee for TUP 04-004.
8.1. Consideration of an Award of Contract to Senna Tree ComDanv for Relocation
of a Coastal Live Oak Tree for the Reservoir No, 1 ReDlacement Proiect. PW
2003-07 (SPAGNOLO)
Recommended Action: 1) Award a construction contract for the relocation of a
Coastal Live Oak Tree located at the site of the Reservoir No. 1 Replacement
Project to Senna Company in the amount of $14,200.00; 2) Authorize the City
Manager to approve change orders not to exceed the contingency of $1,420.00 for
use only if needed for unanticipated costs during the construction phase of the
project; and, 3) Direct staff to issue the ~otice of Award and Notice to Proceed with
other necessary contract documents.
8.g. Consideration of a Reauest for Contract Relief bv SLO Plumbina and an Award
of Contract to Mid State Plumblna for Phase I of the Water Co"nservatlon
Proaram (SPAGNOLO)
Recommended Action: 1) Approve a request for contract relief by SLO Plumbing;
2) Award a contract for Phase I of the Water Conservation Program to Mid State
Plumbing in the amount of $348,665.00; 3) Appropriate an additional $73,150.00
from the Water Neutralization Impact Fund; and 4) Direct staff to issue the Notice of
Award and Notice to Proceed with other necessary contract documents.
8.h. Consideration to ADDroDriate Additional Funds for Desian Service Contract on
the Fire Station EXDansion Prolect. PW 2003-05 (SPAGNOLO)
Recommended Action: Appropriate $13,000 from the Fire Facilities fund for
reimbursable and construction administration expenses incurred by the project
architect, RRM Design Group.
8.L Consideration of Authorization of City Manaaer to ADDrove and Execute
Necessarv Documents Related to Affordable Houslna Unit at 266 AsDen Street
Consistent with the Current Deed Restrictions (ADAMS)'
Recommended Action: Authorize the City Manager to approve and' execute
additional documents determined to be necessary, modifications to existing
documents, and to take other necessary actions related to the affordable housing
unit at 266 Aspen Street consistent with the terms and conditions of the current deed
restrictions.
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AGENDA SUMMARY - MARCH 23, 2004
PAGE 4
9, PUBLIC HEARINGS:
9.a. Consideration of General Plan Amendment Case 03-003 (Aaricultural
Resources) (STRONG)
Recommended Action: Adopt Resolution approving General Plan Amendment 03-
003 amending the Agricultural, Conservation and Open Space Element to revise
language in Objective Ag1 relating to conversion of prime agriculture land; Policy
Ag3-11 relating to farm worker housing; and policies and implementation measures
for Ag1-3, Ag3-5, and Ag3-6 for language relating to agricultural conservation
easement programs.
10, CONTINUED BUSINESS:
None.
11, NEW BUSINESS:
11.a. Consideration of Pre-ADDlication Review Case No, 04-004: ProDosed
Residential Subdivision and Neiahborhood Plan: East Cherry Avenue and
Mvrtle Street: ADDlicant - Damien Mavis. Creekside Estates of Arrovo Grande.
LLC (HEFFERN ON)
Recommended Action: Review the project and provide direction and comments to
the applicant.
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 (IWMA)
(4) Other
(b) MAYOR PRO TEM SANDY LUBIN:
(1) South County Area Transit (SCAT)
(2) Economic Vitality Corporation (EVC)
(3) Other
(c) COUNCIL MEMBER THOMAS A, RUNELS:
(1) Zone 3 Water Advisory Board
(2) County Water Resources Advisory Committee (WRAC)
(3) Other
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AGENDA SUMMARY - MARCH 23, 2004
PAGE 5
12. CITY COUNCIL REPORTS (continued):
(d) COUNCIL MEMBER JIM DICKENS:
(1) South County Youth Coalition
(2) 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) Request of Council to Appeal Plot Plan Review Case No. 04-002; Applicant -
Tried and True Tattoo; Location -1037 E. Grand Avenue. (FERRARA)
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.
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
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AGENDA SUMMARY - MARCH 23, 2004
PAGE 6
+++++++++++
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 was prepared and posted pursuant to Government Code Section 54954.2.
www,arrovoarande,ora
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~LlFOR~
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HON Y PROCLAMATION REC N NG
APRIL 2004 AS "MONTH OF THE CHILD"
WHEREAS, Saturday, April 10, 2004, will commemorate the 26th annual "Day of the Child" celebration during
Children's Day in the San Luis Obispo Mission Plaza. A day where children and families interact with the agencies
and programs providing services throughout the County; and
WHEREAS, the week of the child is a time to recognize that children's opportunities are our responsibilities, and to
recommit ourselves to ensuring that each and every child experiences the type of early environment - at home, at
child care, at school and in the community - that will promote their early leaming; and
WHEREAS, in San Luis Obispo County, there are approximately 24,500 children under 13 years of age who have
working parents and need quality care; and
WHEREAS, in San Luis Obispo County, there are approximately 8,270 licensedchildcare spaces: and
WHEREAS, quality child care is no longer a fringe benefit but a necessity for working parents to be productive and
happy employees. Local employers need to be champions in supporting the many challenges facing these working
parents and families; and
WHEREAS, quality youth programs are essential for older children during the "out of school" hours, whether or not
their parents work outside of the home; and
WHEREAS, the City of Arroyo Grande recognizes that every moment in a child's life is an opportunity for that child
to leam, and that the early years may detennine whether a child succeeds in school and in life, and that all children
need at least one caring and loving adult in their lives; and that quality "out of school" programs are also essential for
the older child; and
WHEREAS, the activities of this month will provide an opportunity to acknowledge quality youth and early care and
, .. education programs, their dedicated staff, and to applaud their efforts to improve the quality, availability, and
accessibility of such programs; and
WHEREAS, the San Luis Obispo Child Care Planning Council, the Children's Services Networks Community
Partnership Committee and the EOqChild Care Resource Connection work cooperatively to coordinate the events
and activities of the Day and Month of the Child; and
WHEREAS, all citizens are encouraged to develop the assets in children and to do what they can at work, at home,
and within the community to assure all children, youth, and families have the opportunity and support to thrive and
to help young people make positive choices to avoid high risk behaviors. May we remember to listen to and watch
the children around us and remember to have patience and allow them to enjoy the joumey of childhood.
NOW, THEREFORE, BE IT RESOLVED, that I, Tony M. Ferrara, Mayor of the City of Arroyo Grande, on behalf of the
City Council, do hereby proclaim April 2004 as "MONTH OF THE CHILD" which represents "CHILDREN'S
OPPORTUNITIES - OUR RESPONSIBILITIES", and April 10, 2004 as "DAY OF THE CHILD".
IN WITNESS WHEREOF. I have hereunto set my hand and caused the
Seal of the City of Arroyo Grande to be affixed this 23rd day of March, 2004.
TONY M. FERRARA, MAYOR
8.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ff!
BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR 1
SUBJECT: CASH DISBURSEMENT RA TIFICA TION
DATE: MARCH 23, 2004
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period March 1 - March 15, 2004.
FUNDING:
There is a $581,056.78 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.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
. Approve staff's recommendation;
. Do not approve staff's recommendation;
. Provide direction to staff.
Attachments:
Attachment 1 - Cash Disbursement Listing
Attachment 2 - March 5, 2004 Accounts Payable Check Register
Attachment 3 - March 5, 2004 Accounts Payable Check Register
Attachment 4 - March 5, 2004 Payroll Checks and Benefit Checks
Attachment 5 - March 12,2004 Accounts Payable Check Register
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ATTACHHEH'i' 4 ZOOY-o-S-
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
02113/04 - 02126/04
03/05/04
FUND 010 319,803.27 Salaries Full time 168,417.94
FUND 220 16,039.35 Salaries Part-Time - PPT 26,665.69
FUND 284 909.97 Salaries Part-Time - TPT 5,751.43
FUND 612 5,427.58 Salaries OverTime 12,003.54
FUND 640 13,224.84 Salaries Standby 396.69
355,405.01 Holiday Pay 19,991.54
Sick Pay 6,649.74
Annual Leave Buyback -
Vacation Buyback -
Sick Leave Buyback -
Vacation Pay 4,779.74
Comp Pay 6,464.90
Annual Leave Pay 2,521.12
PERS Retirement 38,460.18
Social Security 18,405.32
PARS Retirement 289.44
State Disability Ins. 1,151.85
Deferred Compensation 700.00
Health Insurance 35,746.39
Dental Insurance 4,324.47
Vision Insurance 975.03
Life Insurance 735.00
Long Term Disability -
Uniform Allowance -
Car Allowance 875.00
Council Expense -
Employee Assistance -
Boot Allowance -
Motor Pay 100.00
-
355,405.01
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MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. S~ODGRASS. DIRECTOR OF FINANCIAL SERVICES ~
SUBJECT: CONSIDERATION OF ACCEPTANCE OF CASH FLOW ANALYSIS
AND APPROVAL OF INTERFUND ADVANCES FROM THE WATER
AND WATER FACILITY FUNDS
DATE: MARCH 23, 2004
RECOMMENDATION:
It is recommended the City Council:
. Accept the February 2004 cash report,
. Approve the interfund advance of $1,530,101 from the Water and the Water
Facility Funds to cover cash deficits in other funds as of February 29, 2004.
FUNDING:
No outside funding is required.
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.
Since 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.
Al TERNA TIVES:
The following alternatives are provided for City Council consideration:
- Approve staff recommendation and accept the report;
- Do not approve staff recommendation and decline the report;
- Modify as appropriate and approve staff's recommendation;
- Provide direction to staff.
Attachment:
A - Cash Balancellnterfund Advance Report
.._-~----------
ATTACHMENT A
CITY OF ARROYO GRANDE
CASH BALANCE / INTERFUND ADVANCE REPORT
At February 29,2004
Balance at Recommended Revised
Fund 02/29/04 Advances Balance
010 General Fund 2,420,475 2,420,475
210 Fire Protection Impact Fees 198,566 198,566
212 Police Protection Impact Fees 55,568 55,568
213 Park Development 595,199 595,199
214 Park Improvement 150,318 150,318
215 Recreation Community Center 11,117 11,117
217 Landscape Maintenance 33,044 33,044
220 Street (Gas Tax) Fund 52,423 52,423
221 Traffic Congestion Relief 43,116 43,116
222 Traffic Signalization 568,360 568,360
223 Traffic Circulation 466,412 466,412
224 Transportation Facility Impact 2,085,205 2,085,205
225 Transportation (50,539) 50,539 0
226 Water Neutralization Impact 788,382 788,382
230 Construction Tax 105,450 105,450
231 Drainage Facility 47,000 47,000
232 In-Lieu Affordable Housing 962,088 962,088
241 Lopez Facility Fund 1,120,492 1,120,492
250 CDBG Fund (4,211) 4,211 0
271 State COPS Block Grant Fund 35,628 35,628
272 Calif. Law Enf. Technology Grant (7,259) 7,259 0
279 00-01 Fed Local Law Enforcement Grant 67 67
284 Redevelopment Agency (6,786) 6,786 0
285 Redevelopment Set Aside 149,091 149,091
350 Capital Projects (1,461,306) 1,461,306 0
470 Fire Station Bond-Debt Service 46,283 46,283
612 Sewer Fund 25,499 25,499
634 Sewer Facility 177,174 177,174
640 Water Fund 3,023,474 (216,598) 2,806,876
641 Lopez 153,945 153,945
642 Water Facility 1,313,503 (1,313,503) 0
751 Downtown Parking 26,341 26,341
760 Sanitation District Fund 74,662 74,662
Total City Wide Cash 13,198,781 0 13,198,781
THE ABOVE LISTING ARE THE CASH BALANCES SHOWN IN THE GENERAL LEDGER
OF THE CITY OF ARROYO GRANDE AS OF FEBRUARY 29, 2004
~,",A ,r;9,..'l~-~
da K. Snodgr
Director of Financial Services
-....-.------ ~ "-~- ..'-,---
8.e.
MEMORANDUM
TO: CITY COUNCIL ~
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~ .
BY: ANDREA KOCH, PLANNING INTERN a \(.
SUBJECT: CONSIDERATION OF REQUEST TO REFUND APPLICATION FEE FOR
DRIVE-THRU GIRL SCOUT COOKIE SALE IN THE PARKING LOT AT
1200 E. GRAND AVENUE
DATE: MARCH 23, 2004
RECOMMENDATION:
. It is recommended the City Council approve the request from the Girl Scouts of Tres
Condados to refund the application fee for Temporary Use Permit 04-004.
FUNDING:
A fee refund will cost the City $110.00.
DISCUSSION:
Temporary Use Permit 04-004 was issued to the Girl Scouts of Tres Condados to hold a
drive-thru cookie sale in the parking lot at 1200 E. Grand Avenue on Sunday, March 7th
and Sunday, March 14th from 10:00 am to 4:00 pm. Vicki Feilzer, volunteer service
manager for and representative of the Girl Scouts of Tres Gondados, has requested a
refund for the full amount of the Temporary Use Permit application fee, $110.00.
(Attachment 1) Staff has reviewed the request and found that the drive-thru cookie sale
meets the criteria for a fee waiver adopted by the City Council on September 25, 2001.
AL TERNA TIVES:
The following altematives are presented for the Council's consideration:
- Refund the fee;
- Do not refund the fee; or
- Provide direction to staff
Attachments:
1. Letter from Vicki Feilzer requesting a fee refund
S:\COMMUNITY _DEVELoPMENnPROJECTS\TUP\04-004\CC_RPT.doc
Feb,20,2004
Dear AG City Council,
I would like to request a fee waiver for the $110 temporary use permit application
fee incurred when the Girl Scouts ofTres Condados (GSTC) applied to use an AG
parking lot for a Cookie Booth, The GSTC is a volunteer based program currently
serving 241 girls in the Five Cities Area. Our GS Cookie Sale is the primary
source of income for the 23 local troops where girls grow strong, The $110 fee
would devastate our chance to provide quality program to the girls since our
profit margarine is 75 cents per box, .
Thank you for your support, u..JL- 59t-
Vicki Feilzer .
Volunteer Service Manager
.
a.c.
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, MARCH 9, 2004
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. SPECIAL CITY COUNCIL MEETING:
Mayor Ferrara called the meeting to order at 6:30 p.m. Council Members Runels, Dickens,
Lubin and Costello, Parks, Recreation and Facilities Director Hernandez, Human Resources
Manager Sisko, City Manager Adams, and City Attorney Carmel were present.
2. PUBLIC COMMENT:
None.
3. CITY COUNCIL CLOSED SESSION:
a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54956:
Agency Negotiators: Daniel Hernandez and Karen Sisko
Represented Employees: Arroyo Grande Police Officers' Association (AGPOA)
b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section
54956.9 (b): one (1) potential case.
4. RECONVENE TO OPEN SESSION:
Mayor Ferrara announced that there was no reportable action from the closed session.
5. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING:
The meeting was adjourned at 7:20 p.m.
Tony M. Ferrara, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative Servicesl
Deputy City Clerk
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, MARCH 9, 2004
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. SPECIAL CITY COUNCIL MEETING:
Mayor Ferrara called the meeting to order at 6:30 p.m. Council Members Runels, Dickens,
Lubin and Costello, Parks, Recreation and Facilities Director Hernandez, Human Resources
Manager Sisko, City Manager Adams, and City Attorney Carmel were present.
2. PUBLIC COMMENT:
None.
3. CITY COUNCIL CLOSED SESSION:
a, CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54956:
Agency Negotiators: Daniel Hernandez and Karen Sisko
Represented Employees: Arroyo Grande Police Officers' Association (AGPOA)
b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section
54956.9 (b): one (1) potential case.
4, RECONVENE TO OPEN SESSION:
Mayor Ferrara announced that there was no reportable action from the closed session.
5. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING:
The meeting was adjourn-ed at 7:20 p.m.
Tony M. Ferrara, Mayor .' .
ATTEST:
Kelly Wetmore, Director of Administrative Servicesl
Deputy City Clerk
MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, MARCH 9, 2004
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1, CALL TO ORDER
Mayor/Chair Ferrara called the Regular City Council/Redevelopment Agency meeting to
order at 7:20 p.m.
2, ROLL CALL
City Council: Council Members Runels, Dickens, Costello, Mayor Pro Tem Lubin,
and Mayor Ferrara were present.
RDA: Board Members Runels, Dickens, Costello, Vice Chair Lubin, and
Chair Ferrara were present.
City Staff Present: City Manager Adams, City Attomey Carmel, Director of Administrative
Services Wetmore, Director of Public Works Spagnolo, Community
Development Director Strong, and Associate Planner Kelly Heffernon.
3, FLAG SALUTE
Members of Su Ro Li Sta, Camp Fire Club led the Flag Salute.
4,INVOCATION
Pastor Robert Banker, Open Door Church, Oceano delivered the invocation.
5, SPECIAL PRESENT ATI.ONS
5,a, Proclamation Recognizing March 18,2004 as Absolutely Incredible Kid Day,
Mayor Ferrara presented an Honorary Proclamation recognizing March 18, 2004 as
Absolutely Incredible Kid Day. Member of the Su Ro Li Sta Camp Fire Club accepted the
Proclamation.
5,b, Proclamation Recognizing March as American Red Cross Month,
.
Mayor Ferrara presented an Honorary Proclamation recognizing March 2004 as American
Red Cross Month. Ben Hall, representing the American Red Cross, accepted the
Proclamation.
6, AGENDA REVIEW
6,a, Resolutions and Ordinances Read in Title Only
Mayor Pro Tem 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.
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MARCH 9, 2004
PAGE 2
8, CONSENT AGENDA
Mayor Pro Tern Lubin requested that Item 8.d. be pulled for a separate roll-call vote.
Council Member Runels requested that Item 8.g. be pulled for questions.
Mayor Pro Tern Lubin moved, and Council Member Dickens seconded the motion to approve
Consent Agenda Items 8.a. through 8.1., with the exception of Item 8.d., with the
recommended courses of action. The motion carried unanimously on the following roll-call
vote:
AYES: Lubin, Dickens, Runels, Costello, and Ferrara
NOES: None
ABSENT: None
8,a, Cash Disbursement Ratification.
Action: Approved the listing of cash disbursements for the period February 16, 2004
through February 29, 2004.
8,b, Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of February
29, 2004.
8,c, Consideration of Approval of Minutes,
Action: Approved the minutes of the Special and Regular City Council Meetings of
February 24, 2004 as submitted.
8,e, Consideration to Approve Final Parcel Map AG 99-177; Subdividing One (1)
Parcel into Two Residential Parcels Located at 1254 Poplar Street.
Action: Approved Final Parcel Map AG 99-177, subdividing 0.50 acres into two (2)
residential lots, each approximately 10,000 square feet.
8,f, Consideration of Appointment to Senior Advisory Commission,
Action: Approved the appointment of Ross Kongable to the Senior Advisory
Commission as recommended by Mayor Ferrara.
8,g, Consideration of Resolution Accepting Negotiated Exchange of Property Tax
Revenue and Tax Increment for Annexation No, 29 to the City of Arroyo Grande
(St, John's Church), Los Berros and Valley Roads,
Recommended' Action: Adopt a Resolution accepting negotiated exchange of
property tax revenue and annual tax increment between the County of San Luis
Obispo and the City of Arroyo Grande.
In response to a question by Council Member Runels regarding Item 8.g., Community
Development Director Strong clarified that a portion of the Los Berros creek channel east of
Valley Road to the boundary of the Church would be included in the proposed annexation;
however, there would be no City responsibility for maintenance of the creek.
Council Member Runels moved to adopt Resolution No. 3737 as follows: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING
NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX
INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF
ARROYO GRANDE, Council Member Dickens seconded, and the motion carried on the
following roll-call vote:
---------
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MARCH 9, 2004
PAGE 3
AYES: Runels, Dickens, Lubin,Costello, and Ferrara
NOES: None
ABSENT: None
Mayor Pro Tern Lubin declared a conflict of interest on Item B.d. due to real property
ownership near the project and stepped down from the dais.
8,d, Consideration of Acceptance of the Rancho Grande Park Improvements,
Project No, PW 2002-03.
Recommended Action: 1) Accept the improvements constructed by Herrera
Engineering, Inc. in accordance with the plans and specifications for the Rancho
Grande Park Project; 2) Direct staff to file a Notice of Completion; and, 3) Authorize
release of the unencumbered portion of the final progress payment and 10%
retention, thirty-five (35) days after the Notice of Completion has been recorded if no
liens have been filed.
Council.Member Runels moved to approve staff's recommendations for Item B.d., Council
Member Dickens seconded, and the motion carried on the following roll-call vote:
AYES: Runels, Dickens, Costello, and Ferrara
NOES: None
ABSENT: Lubin
Mayor Pro Tern Lubin returned to the dais.
9, PUBLIC HEARINGS:
9,a, Consideration of Appeal of Planning Commission Denial of Condition No, 43,
Tract No, 2275 Regarding Underground Utilities; James Dotson, Applicant,
Community Development Director Strong presented the staff report and recommended the
Council adopt a Resolution denying the appeal and upholding the action of the Planning
Commission to require certain overhead utilities be placed underground for Tract Map 2275.
Director Strong responded to questions from the Council regarding the basis for the appeal,
whether the applicant accepted the condition in the original Tract Map approval, and
technical questions regarding undergrounding of the poles.
Mayor Ferrara opened the public hearing.
Jim. Dotson, applicant/appellant, explained why he was not present at the Planning
Commission hearing; stated that he would be willing to remove one of the two poles, leaving
the utility pole that presently supplies service to the Wildwood Ranch community; explained
that the price charged to remove this pole was too costly; and requested the Council
consider waiving the requirement to remove said utility pole. He referred to a letter and
accompanying photos from Nikolai Alexandrov, resident of Wildwood Ranch, (on file in the
Administrative Services Department) which stated that the power lines and poles do ,not spoil
the view he has from his property.
-----.-'.--
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MARCH 9, 2004
PAGE 4
Georae Roach, representing Wildwood Ranch Homeowners Association (HOA), spoke in
opposition to the requested waiver and the applicant's new proposal to remove only one
pole. He requested the Council uphold the original requirement and reject the appeal.
Don Parker, Plata Road, stated unless there were some technical reason for undergrounding
the utilities, that the poles were not particularly noticeable and that the City should not require
the applicant to remove them.
Ron Olson, Platino Lane, supported the applicant's request and stated he did not understand
why the applicant was required to remove the poles.
Upon hearing no further public cOmments, Mayor Ferrara closed the pu.blic hearing.
Council questions and discussion ensued regarding the City's policy for undergrounding
utilities; clarification regarding the location of the two poles to be removed; and concerns
regarding the cost provided by PG&E to remove both poles. There was a suggestion to
direct staff to send a letter to PG&E to inquire if anything could be done to reduce the
applicant's cost to underground the pole that serves the existing Wildwood Ranch
development.
City Manager Adams explained that staff was currently working on the establishment of an
Underground Utility In-Lieu Fee policy for future consideration by the Council; however, he
stated that he did not think the proposed policy would apply to this project.
Upon request by a member of the audience, Mayor Ferrara reopened the Public Hearing.
Georae Roach, representing Wildwood Ranch HOA, reiterated its opposition to allow the
existing power lines to remain above ground at Tract 2275 and urged the Council to require
the power lines be placed underground as was original~y approved.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Following further discussion, Mayor Pro Tem Dickens moved to adopt a Resolution as
follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DENYING THE APPEAL AND UPHOLDING THE . ACTION OF THE PLANNING
COMMISSION TO REQUIRE CERTAIN OVERHEAD UTILITIES BE PLACED
UNDERGROUND FOR TRACT MAP 2275, LOCATED AT 801 HUASNA ROAD, APPLIED
FOR BY JAMES DOTSON. Council Member Costello seconded the motion, and on the
following roll-call vote:
AYES: Dickens, Costello, Ferrara
NOES: Runels, Lubin
ABSENT: None
There being 3 AYES and 2 NOES, the motion is hereby declared to be passed.
10, CONTINUED BUSINESS:
10,a, Consideration of Status Report on the Courtland-Arroyo Grande, L.P, Senior
Affordable Housing Project, [COUNCIURDA]
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MARCH 9, 2004
PAGE 5
City Manager/RDA Executive Director Adams presented a status report on the Courtland-
Arroyo Grande, L.P. Senior Affordable Housing Project.
Mayor Pro TemNice Chair Lubin commented that the original project had been approved in
March 2002, and a significant amount of funds from the City's Affordable Housing In-Lieu
Fee fund had been committed to the project. He commented that although he continued to
support the project, he expressed concerns about the progress of the project and. requested
that staff keep the Council apprised regarding the issuance of the bonds and the status of the
developer's financial commitments. He thanked staff for the status report.
Mayor Ferrara acknowledged that the financial aspects of the project have been very
complex; however, all the stakeholders associated with the project have done their best to
bring to fruition an affordable senior housing project to meet the City's needs.
The report was received and filed.
11, NEW BUSINESS:
11,a, Consideration of Pre-Application Review Case No, 04-003; Proposed Mixed-Use
Planned Unit Development on the Former Loomis Property Consisting of the
Two (2) Existing Residences, the Loomis Feed Warehouse, a New Office
Building and Twelve (12) Duplex Residential Lots; 415 East Branch Street,
DB&M Property, LLC,
Associate Planner Heffemon presented the staff report and requested the Council review the
project and provide direction and comments to the applicant.
In response to a question by Mayor Ferrara, Associate Planner Heffernon provided
clarification on the road abandonment issue relating to a portion of Le Point Street.
Council Member Dickens inquired whether the revised project design would include a
parkway/pedestrian access formerly referred to in the previous design as Tally Ho Creek
Park. Associate Planner Heffernon stated that the applicant no longer has access to the
property immediately adjoining the creek; however, there are opportunities within the project
for providing an open space area near the residential portion of the project.
Joe Boud, Joseph Boud and Assodates, gave a brief overview of the project and spoke of
site constraints including floodway setbacks, utility easements, the steep topography along
Crown Terrace, and the retention of the historic resources. He also commented on the
residential and commercial components, circulation and access through the project, and
addressed the partial abandonment of Le Point Street.
Council Member Dickens commented that the previous project included more commercial
and office use than- residential and this proposal has substantially more residential than
commercial and office use. He inquired where the focus should be for the Village Core.
Staff responded that there is no General Plan policy related to what specific mixed uses
should be considered. He stated there was flexibility for determinations on a case-by-case
basis.
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MARCH 9, 2004
PAGE 6
In response to concerns expressed relating to the partial abandonment of Le Point Street,
Director Spagnolo explained that the City would like to retain the easement, which includes a
70-foot right-of-way, from Highway 227 to Tally Ho Road. He indicated that there could be a
partial abandonment of up to 10 feet of the right-of-way.
Council Member Dickens referred to the Pacific Coast Railroad right-of-way and stated it was
considered an historic element and asked what efforts have been made to preserve the
existing rail bed. Director Strong stated that the alignment of the utility easement and
driveway coincide with the railway alignment and that a design treatment could be added
identifying this historic element.
Council Member Runels commented that the project would enhance the area more than
anything he has seen proposed to date and that the project pre$erves the historical
structures on the site. He supported retaining the right-of-way for future roadway; and
supported the residential and commercial components. He supported the proposed project
concept.
Council Member Costello commented that the proposed project comes a long way in
resolving some of the issues on the site, such as preserving the historic structures; he
favored preserving the existing right-of-way; favored the concept of controlling the traffic flow
with a gate within the project; liked the multiple level buildings situated against the hillside;
favored one large commercial building; favored the concept of more residential, however, he
expressed concern with a 420 square foot residential unit as being too small; and he does
not favor locating a driveway between the warehouse and house. Overall, he expressed
support for the proposed project concept.
Mayor Pro Tem Lubin supported retaining the right-of-way and did not oppose reducing it to
a 60-foot width; liked the increase in the residential component and sees it as in-fill; stated he
was not opposed to the small units as they are defined as "studios"; favored the design
concept that blends with the historical units; supported the shared parking concept;
expressed some concem with access through the project and proposed traffic patterns; liked
the idea of the creek side improvements that would be maintained by a Homeowners
Association; and stated he was very impressed with the proposed project concept.
Mayor Ferrara favored retaining the existing right-of-way and would support a 60-foot right-
of-way; he would like to see some improvement on the circulation plan through the
development; acknowledged the easement and the need to be cognizant of potential future
use; acknowledged the Pacific Coast Railway and that it needs to be recognized with an
identification marker; supported the 12,000 square foot commercial building with a tiered
effect; acknowledged the preservation of the historic structures; favored promoting additional
residential opportunities near or close to the Village Core; commented that this was a
pedestrian friendly project and that most of the commercial use would front on E. Branch
Street. He further encouraged rehabilitation of the historic buildings to encourage
commercial occupancy.
Upon conclusion of Council comments, Mayor Ferrara ensured that the applicant had
received sufficient feedback and direction with regard to the proposed project.
There was no action taken on this item.
_._-......._~--,.._"_.._.-
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MARCH 9, 2004
PAGE 7
12, CITY COUNCIL MEMBER ITEMS:
None.
13, CITY MANAGER ITEMS
None.
14, COUNCIL COMMUNICATIONS
In response to a request from Council Member Dickens, Director Strong provided a status
update on proposed County Tract 1798 and reported that staff would be providing written
comments in response to the draft Environmental Impact Report regarding potential
drainage, grading, and circulation impacts. Council Member Dickens requested that staff
provide copies of the letter to the Council.
15, STAFF COMMUNICATIONS
City Manager Adams announced that future public workshops would be held as follows: City
Hall Complex Feasibility Study and Needs Assessment Workshop, March 25th, 6:30 p.m. in
the Council Chambers, 215 E. Branch Street; and a workshop on potential future land uses
in the City's Sphere of Influence, March 30th, 6:30 p.m. at the City of Arroyo Grande and
Woman's Club Community Center, 211 Vernon Street.
16, COMMUNITY COMMENTS AND SUGGESTIONS
Steve Ross, Arroyo Grande, commented that he had attended a meeting regarding the
County Tract located by Vista del Mar and commented on issues relating to the EI Campo
Road access off of Route 101.
17, ADJOURNMENT
Mayor/Chair Ferrara adjourned the meeting at 9:40 p.m.
Tony M, Ferrara, Mayor/Chair
ATTEST:
Kelly Wetmore, Director of Administrative Services/
Deputy City Clerk/Agency Secretary
(Approved at CC Meeting )
8.d.
MEMORANDUM
TO: CITY COUNCIL
FROM: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES J
SUBJECT: REJECTION OF CLAIM AGAINST CITY - L. BYRD ~
DATE: MARCH 23, 2004
RECOMMENDATION:
It is recommended the City Council reject the claim for damages against the City filed by
Mr. Lynn Byrd.
FUNDING:
None.
DISCUSSION:
The City's insurance administrators have reviewed the claim of Mr. Byrd and
recommend it be rejected.
Attachments:
1. Status Report
2. Rejection Letter
- ---_._._-_.__._--~
REGflVEO
CITY OF ARROYO CRANOE
04 MAR I 6 P~1 4: 0 I Next Report Due: April 16, 2004
STATUS REPORT #2
March 16, 2004
City of Arroyo Grande
P.O. Box 550
Arroyo Grande, CA 93420
ATTN: Steven Adams, City Manager
RE: Our Principal: City of Arroyo Grande
Date of Loss: October 12,2003
Claimant: Lynn Byrd
Our File No.: A142806PT
Dear Mr. Adams:
PREVIEW:
The claimant alleges to have tripped on gravel on a city sidewalk trom an adjacent
construction site.
REPLY REQUEST:
I recommend that this claim be rejected. If you concur, please send a Standard Rejection
Letter to:
Lynn Byrd
% Don Ernst Esq.
P. O. Box 1327
San Luis Obispo, CA 93406
Please send a copy of said rejection to the undersigned for the completion of my file.
STATUS:
This claim has been tendered to the contractor's carrier since the city is an additional insured
on their policy. Furthermore the contract requires that Papich Construction defend and
indemnify the city. Preliminarily I have been advised that the tender will likely be accepted.
CARL WARREN & CO.
An Employee-Owned Company
CLAIMS MANAGEMENT - CLAIMS ADJUSTERS
PO BOX 1052 - SAN LUIS OBISPO, CA 93406-1052
PHONE: (805) 544-7963 - FAX: (805) 544-1068
City of Arroyo Grande
Steven Adams
March 16, 2004
Page Two (S 142806)
COMMENT:
I shall now place my file on diary to April 16, 2004 awaiting receipt of the Standard
Rejection Letter.
Very truly yours,
CARL WARREN & Co.
Pat Tumbarello, AlC, CPCU
Cc CWC Orange
Attention: Dwight Kunz
-2- Carl Warren & Co.
~~o/ P.O. Box SSG
~8J~ 214 East Bnnch Street
Arroyo Grande, CA 93411
ADMINISTRATIVE SERVICES, Phone: (80S) 473-5414
FAX: (80S) 473-0_
E-Man:agclty@arroyogrande.orl
March 24, 2004
Mr. Lynn Byrd ,
c/o Ernst,and Mattison,.A.Law Corporation
1020 Palm Street, P.O. Box 1327
San Luis ObispoCA 93406
, '
REJECTION OF CLAIM PRESENTED WITHIN SIX MONTHS
, . ,
Notice is hereby given that the claim you presented to the City Council of the City of
Arroyo Grande, received by Certified Mail on January 2, 2004, was rejected by the
CityCouncii on March 23, 2004. .
WARNING
Subject to certain exceptions, you have only six (6) months from the date this notice
was personally delivered or deposited in the 'United States mail to file a Court Action
in a Municipal ora Superior Court. of the State . of California on this claim (See
Government Code Section 945.6).
This time limitation applies only to causes of action arising under California law for
which a claim is mandated by the California Government Tort Claims Act.
. .. . .,.0.
Government Code Sections 900 et. seq.. Other causes of action, including those
arising underfederallaw, may have different time limitations for filing.
YO,u may seek the advice of an attorney of your choice in connection with this matter.
If you desire to consult an attorney, you should do so immediately.
.
Kelly Wetmore
Director of Administrative Services
c: City Manager
City Attorney
Director of Public Works
Carl Warren & Co.
"' ^"",.......'~,' ..
8.f.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKSICITY ENGINEER ~
SUBJECT: CONSIDERATION OF AN AWARD OF CONTRACT TO SENNA TREE
COMPANY FOR RELOCATION OF A COASTAL LIVE OAK TREE FOR
THE RESERVOIR NO, 1 REPLACEMENT PROJECT, PW 2003-07
DATE: MARCH 23, 2004
RECOMMENDATION:
It is recommended the Council:
A. award a construction contract for the relocation of a coastal live oak tree located
at the site of the Reservoir No. 1 Replacement Project to Senna Tree Company
in the amount of $14,200.00;
B. authorize the City Manager to approve change prders not to exceed the
contingency of $1,420.00 for use only if needed for unanticipated costs during
the construction phase of the project (total construction costs =. $14,200.00 +
$1,420.00 = $15,620.00); 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 $2,129,450 for the
Reservoir No. 1 Replacement Project and is funded by the Water Fund and Water
Facilities Fund.
DISCUSSION:
On January 13, 2004, the City Council adopted a Negative Declaration with Mitigation
Measures for the Reservoir No. 1 Replacement Project. As part of the mitigation
measures, the City Council directed staff to solicit bids for the relocation of a single
coastal live oak tree prior to the Reservoir No. 1 Replacement Project.
CITY COUNCIL
CONSIDERATION OF AN AWARD OF CONTRACT TO SENNA TREE COMPANY
FOR RELOCATION OF A COASTAL LIVE OAK TREE FOR THE RESERVOIR NO, 1
REPLACEMENT PROJECT, PW 2003-07
MARCH 23, 2004
PAGE 2
Staff performed a search of tree relocation contractors and issued a request for
proposals to two firms that were determined to be qualified based on their past
experiences in similar tree relocation projects. On March 3, 2004, one bid was received
from the Senna Tree Company in the amount of $14,200.
The tree relocation scope of work involves the following:
. Contractor prunes and sprays the tree with insecticides, then performs
excavation around the perimeter of the tree to expose the root ball. The
Contractor constructs a "sidebox" (essentially the vertical wooden "box" walls
around the root ball of the tree) and maintains the tree in that condition for 90
days for the tree to adapt.
. Following the 90-day adaptation period, the contractor excavates beneath the
tree and builds the bottom of the box. The tree is then transported to its
temporary location at the northwest corner of the project site. The tree remains
above ground within the box for the entire Reservoir No. 1 Replacement Project.
. Upon completion of the Reservoir No. 1 Replacement Project, Senna Tree
Company will return to replant the tree at its permanent location.
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.
Attachment:
1. Bid Opening Log Sheet
BID LOG SHEET
CITY OF ARROYO GRANDE
BID DEADLINE: March 3, 2004, 5:00 p,m.
Tree Preservation Project, Reser.voir No, 1
BIDDER'S NAME, CITY TOTAL
Senna Tree Company $14,200.00
La Crescenta, CA
'~
' ~ 1
..". ,
- . ~ UUP-JtUlJM--
Kelly W~tmo e . '
Director of Administrative Services/Deputy City Clerk
,
c: Director of Public Works
Assistant City Engineer
City Manager
,
----
8.g.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER rf6
SUBJECT: CONSIDERATION OF A REQUEST FOR CONTRACT RELIEF BY SLO
PLUMBING AND AN AWARD OF CONTRACT TO MID STATE
PLUMBING FOR PHASE I OF THE WATER CONSERVATION
PROGRAM
DATE: MARCH 23, 2004
RECOMMENDATION:
It is recommended that the Council:
A. approve a request for contract relief by SLO Plumbing;
B. award a contract for Phase I of the Water Conservation Program to Mid State
Plumbing in the amount of $348,665.00;
C. appropriate an additional $73,150.00 from the Water Neutralization Impact Fund;
and,
D. direct staff to issue the Notice of Award and Notice to Proceed with other
necessary contract documents.
FUNDING:
The amended FY 2003/04 Capital Improvement Program (CIP) budget includes
$275,515 for Phase I of the Water Conservation Program to perform plumbing retrofits.
It is requested that the City Council appropriate an additional $73,150 from the Water
Neutralization Fund to fund the increased contract cost. As of June 30, 2004, the
balance of the Water Neutralization Fund is budgeted to be $656,817.
DISCUSSION:
On January 13, 2004, the Council authorized the award of contract to SLO Plumbing for
the plumbing retrofit portion of the City's Water Conservation Program. On February
25, 2004, SLO Plumbing requested withdrawal of their bid due to this inability to meet
the contract insurance requirements. Failure by the contractor to execute a contract
and file acceptable insurance certificates as provided for in the Special Provisions is
cause for the annulment of the award of contract by the City.
CITY COUNCIL
CONSIDERATION OF A REQUEST FOR CONTRACT RELIEF BY SLO PLUMBING
AND AN AWARD OF CONTRACT TO MID STATE PLUMBING FOR PHASE I OF
THE WATER CONSERVATION PROGRAM
MARCH 23, 2004
PAGE 2
The next apparent low bidder, Mid State Plumbing submitted a bid of $348,665. The
contract is for one year with a provision for two, one-year optional extensions.
Performance under the contract will be reviewed each year to determine if the contract
will be extended by the Council. If necessary, additional appropriations will also be
.made at that time. The bid by Mid State Plumbing has been reviewed for accuracy and
found to be in compliance with the contract specifications, including all references.
The plumbing retrofit program ("program") is part of Phase I of the City's Water
Conservation Program and consists of retrofitting the following plumbing fixtures: 1.6
gallon ultra-low-flow toilets, 2.0 gallon per minute (gpm) indoor faucet aerators, and 2.5
gpm showerheads. The program will also include checking and adjusting or installing
new pressure regulators not to exceed 80 pounds per square inch (psi), where
applicable.
The program will concentrate on single-family residences built prior to 1985. It has
been estimated that there are approximately 3,700 single-family residences within the
City needing retrofit. The retrofit program will start on the west side of the City, where
there is the largest contingent of homes needing retrofit. Retrofit Request Forms will be
mailed in blocks of approximately 300 at a time. Once the forms are returned to the City
by the owner/occupant, the contracted plumber will be notified to proceed with the work.
Work is expected to begin in April 2004.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve staff's recommendations;
. Reject all bids and readvertise bids;
. Provide direction to staff.
Attachments:
1. Bid Opening Log Sheet
2. Letter received 2/25/04 from SLO Plumbing
3. Letter received 3/19/04 from Mid State Plumbing
and Drain Cleaning, Inc.
-._-_.~~---
ATTACHMENT 1
BID OPENING LOG SHEET
CITY OF ARROYO GRANDE
BID OPENING: DeceMber 18, 2003
Plumbing Retrofit Program
BIDDER'S NAME. CITY TOTAL
Mid State Plumbing and Drain Cleaning, Inc, $ 348,665
Pismo Beach .
SLO Plumbing 262,050
Pismo Beach
Waterboys Plumbing 388,404
Arroyo Grande
.
.~
", ~
Mary Basse
Executive A sistantlDeputy City Clerk
c: Director of Public Works
City Manager
- -- ---~--""'-----"'-
03/10/2804 16:36 8054735443 CITV OF /16 ENG DEPT PAGE 84
'A TT ACHMENT 2
~~P~Ji~JNQ Si:~JCE
P.O f;OX. "1.1 i'i:~~..f(,,;r,\i.tl. CII.. '):11.1(;
805..489-3800 805-595..3800 105....9--3879 tax
City of Arroyo Ormde
P.O. Box SSO ,
208 Eat Brandt
Arroyo Oramde, CA 93421
To Whom!t May Conoem.,;',.';,:H,;(..
..' '~.".'''1..?;.,
. .... .. / :)t\~'t4~'!!N "
w. ~ IilleID tbII* \'O\I,~dW'" "'..,~~ ~ wn 1IL w.
haw aiYttn..... bid ~~~..!' otf;.~~-~ 'c.:": ~H~"'Y ......... ....... !
wi'",.~ "WOM miU~~"doOln covert.p o~ ourauto~bi1c~ [n order to rcceiw more COvenlle
we wo)&1dla~to .. out a u:w ~ tinier _ to tJae'lict ttiat our CUlTat eariicr does DOt provide
tIut ~l ofcOveDp. This would not ollly increue our cost of doiDg ~ but Il1o colt us valuable
tbe in raearehiDa the a'YIiIabDYbfiiicl~HiIIocci{~:. -.,. o\U'~iit lilbilitYts at ODe million
dollul coftrllC. We have IDMIc I few calls inquirjDa Oft the cost and it bas beenquoteclas ~ expen-
sive. JkcauIe oruu. we are unable to honor the bid at the current aroount.
our~)'.c1oa .. the stat. and local requirementS OD aU other IeveJs ofiDsuranct, It is Om' bope
~YO. .. WilIina "'. ""~ with us on this issue further and look forward to )'Om' call.
Siftclrely .
,4 U--~-a.,...~
S4 Voa Dura '. .' "';<,,,'''f~.>..,:
OWMI'
4I9-38QO
CITY Of
A~ROVO GRANDE
" 5 2O~
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p\J9\.tv wORKb oePl
----_.--
ATT ACHMENT 3
RECEIVED
Mid State Plumbing and Drain Cleaning, Inc. OF ARROYO GRAND~
P,Q. Box 1807 MAR 1 9 200~
Pismo Beach, CA 93448
Ucense #779258 ~CTS, PAYABI ~
March 17, 2004
City of Arroyo Grande
214 E. Branch St.
Arroyo Grande, CA 93420
Attn: Don Spagnolo
Re: Plumbing Retrofit Program
Dear Don,
In regards to the plumbing retrofit program, we have obtained the
necessary insurance required by the City of Arroyo Grande for the
plumbing retrofit program.
If we are awarded the contract, we can and will meet all insurance
requirements,
. rerely, p -...-"
ex P. Springer
President - Mid State Plumbing and Drain Cleaning, Inc.
CITY OF
ARROYO GRANDE
MAR 1 9 2004
PUBLIl; VVUHKS DEPt
8.h.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1ft
SUBJECT: CONSIDERATION TO APPROPRIATE ADDITIONAL FUNDS FOR DESIGN
SERVICE CONTRACT ON THE FIRE STATION EXPANSION PROJECT,
PW 2003-05
DATE: MARCH 23, 2004
RECOMMENDATION:
It is recommended the Council appropriate $13,000 from the General Obligation Bond
reimbursable expenses potentially incurred by the project architect, RRM Design Group.
FUNDING:
The additional $13,000 appropriation will be funded from the General Obligation Bond
Measure 0-02.
DISCUSSION:
On February 25, 2003, the City Council approved an architectural and engineering contract
with RRM Design for the Fire Station Expansion Project in the amount of $138,075. The
contract amount presented by staff to the Council mistakenly did not include reimbursable
expenses. Therefore, the additional appropriation reflects the original proposal by the
architect and does not represent a change in the scope of work. Reimbursable expenses
include misc'ellaneous services such as copying of documents, printing of plan sets, and
mileage expenses for site visits. The $13,000 figure is a not-to-exceed price and is an
estimate of potential reimbursements, based on historical cost records of previous projects.
The compensation for the RRM Design Group contract is detailed in Section 1.04, under
Exhibit "B". Exhibit "B" includes a recapitulation totaling each segment of the design services
covered in the proposal, including the estimated hours and the fee for each service. The
cumulative price is shown under TOTAL FEES in the amount of $138,075. The
Reimburseable Expenses are shown as a separate line item beneath the TOTAL FEES figure
in the amount of $13,000. The Reimbursable Expenses were not included in the TOTAL
FEES summation.
CITY COUNCIL
CONSIDERATION TO APPROPRIATE ADDITIONAL FUNDS FOR DESIGN SERVICE
CONTRACT ON THE FIRE STATION EXPANSION PROJECT, PW 2003-05
MARCH 23, 2004
PAGE 2
It is recommended the Council appropriate $13,000 from the General Obligation Bonds to pay
for reimbursable expenses that are incurred during the project by the architect, RRM Design
Group. In the event the final reimbursable fees are less than the $13,000 estimate, the
remaining monies will be returned to the Fire Facilities Fund.
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.
8.1.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER dJ
SUBJECT: CONSIDERATION OF AUTHORIZATION OF CITY MANAGER TO
APPROVE AND EXECUTE NECESSARY DOCUMENTS RELATED TO
AFFORDABLE HOUSING UNIT AT 266 ASPEN STREET CONSISTENT
WITH THE CURRENT DEED RESTRICTIONS
DATE: MARCH 23, 2004
RECOMMENDATION:
It is recommended the City Council authorize the City Manager to approve and execute
additional documents determined to be necessary, modifications to existing documents,
and to take other necessary actions related to the affordable housing unit at 266 Aspen
Street, consistent with the terms and conditions of the current deed restrictions.
FUNDING:
There is no cost to the City from this proposed action.
.
DISCUSSION:
Parcel 2 of Parcel Map No. AG 95-068 was created in 1995 as part of a density bonus
approved by the City that required the developer to commit the unit to affordable
housing for a minimum of 30 years, secured by a deed restriction. In 2002, the property
was sold, and the City Council approved a modification to the affordable housing deed
restriction to enable the qualified family to secure a loan by enabling conversion of the
property to market rate in the event of a foreclosure. To provide some level of
protection against a loss in the affordable housing supply, terms and conditions were
included to provide the City with a "first right of refusal" to acquire the property if the
borrower defaults and shared equity for the difference between the affordable housing
mortgage and the actual market rate. If the unit were to convert to market rate, the City
would then utilize this funding to subsidize another affordable housing unit.
To accommodate an expanding family, the property owner has now made
arrangements to refinance the mortgage and add on to the home. This will require
approval by the City of a new Subordination Agreement to maintain the shared equity
provisions under the new mortgage. At this time, additional documentation and
provisions need to be resolved in order to satisfactorily protect the City's interest under
the new Agreement. Therefore, staff is asking the City Council to authorize the City
CITY COUNCIL
CONSIDERATION OF AUTHORIZATION OF CITY MANAGER TO APPROVE AND
EXECUTE NECESSARY DOCUMENTS RELATED TO AFFORDABLE HOUSING
UNIT AT 266 ASPEN STREET
MARCH 23, 2004
PAGE 2
Manager to execute the subordination agreement and other documents necessary once
all issues have been resolved.
The objective is to enable the owner to improve the property, while also maintaining the
existing affordable housing deed restrictions. By authorizing the City Manager to
execute other actions, it will also avoid delays if the property is refinanced in the future
by eliminating the need for City Council approval as long as actions are consistent with
the current provisions.
ALTERNATIVES:
The following alternatives are provided for the City Council's consideration:
- Authorize the City Manager to approve and execute additional documents
determined to be necessary, modifications to existing documents, and to take
other necessary actions related to the affordable housing unit at 266 Aspen
Street, consistent with the terms and conditions of the current deed restrictions;
- Request that the final Subordination Agreement and additional documents
necessary be presented to the City Council for consideration once completed to
the satisfaction of staff;
- Do not approve the Subordination Agreement or additional documents necessary
to enable the property owner to refinance their current mortgage;
- Allow the property owner to payoff the second at this time and eliminate the
deed restriction;
- Provide direction to staff.
S:\CITY MANAGER\STEVE\Council Reports\3.23.04 266 Aspen Subordination Agreement.doc
_.._._-_.__._.~ -_.._.._--~._---_.-
CITY OF ARROYO GRANDE 9.a.
CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will conduct a Public Hearing on
the following proposal:
CASE NO,: General Plan Amendment Case No. 03-003
APPLICANT: City of Arroyo Grande
LOCATION: City of Arroyo Grande
PROPOSAL: General Plan Amendment Case No. 03-003 - a proposed r~solution amending the
General Plan Agriculture and Conservation/Open Space Element to revise language in
Objective Ag1 relating to conversion of prime agriculture land; Policy Ag3-11 relating to
farmworker housing; and policies and implementation measures for Ag1-~, Ag3-5, and
Ag3-6 relating to agricultural conservation easement programs.
ENVIRONMENTAL ". , {
'DETERMINATION: Mitigated Negative Declaration based on the 2001 General Plan Program EIR
The City Council will consider the proposed General Plan Amendment that was initiated by Resolution No. 3699
to implement recommendations from a report on the Conservation of Agricultural Resources for the City of
A"oyo Grande.
Copies of the Mitigated Negative Declaration may be reviewed at City Hall, located at 214 East Branch Street,
Arroyo Grande, CA, during normal business hours (8:00 a.m. to 5:00 p.m.)
Any person affected or concemed by these City initiated proposals may submit written comments to the
Community Development Departmen~-_~t ~14 E. Branch Street, Arroyo Grande, California, during normal
business hours (8:00 a.m. to 5:00p.m.) before, the City Council hearing, or appear and be heard in support of or
opposition to the proposal and the environmental determination at the time of hearing.
If you challenge an item in court, you may be limited to raising only those issues you or someone else raised at.
the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior
to, the public hearing.
Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the action of the
legislative body for which the notice was given.
DATE AND TIME OF HEARING: TUESDAY, MARCH 23, 2004 AT 7:00 P,M.
PLACE OF HEARING: ARROYO GRANDE CITY COUNCIL CHAMBERS
215 E, BRANCH STREET
ARROYO GRANDE, CALIFORNIA
. ,
fIlftc4uoJu- -:~1 ~ ~ i..-. ,"
. .
mor , Director of Administrative SerVices/Deputy City Clerk
Publish 1T, 1/8 page, Friday, March 12,2004
~-.-_._---~_.------
~ . i
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR ~..5
BY: TERESA MCCLISH, ASSOCIATE PLAN~"""'-
JIM BERGMAN, ASSISTANT PLANNER
SUBJECT: CONSIDERATION OF GENERAL PLAN AMENDMENT 03-003, TO.
AMEND THE AGRICULTURAL CONSERVATION AND OPEN SPACE
ELEMENT REVISING LANGUAGE FOR OBJECTIVE AG1 RELATING TO
CONVERSION OF PRIME AGRICULTURAL LAND; POLICY AG3-11
RELATING TO FARMWORKER HOUSING; AND POLICIES AND
IMPLEMENTATION MEASURES FOR AG1-3, AG3-5 AND AG3-6
RELATING TO AGRICULTURAL CONSERVATION EASEMENT
PROGRAMS
DATE: MARCH 23, 2004
RECOMMENDATION:
It is recommended the City Council adopt the proposed resolution to amend the
Agriculture, Conservation and Open Space Element of the General Plan to revise wording
for Objective Ag1 relating to conversion of prime agricultural land; Policy Ag3-11 relating
to the provision of farmworker housing; and Policies and Implementation Measures for
Ag1-3, Ag3-5 and Ag3-6 for language relating to agriclJJtural conservation easement
programs.
FUNDING:
No fiscal impact. If the Council chooses to implement an alternative that modifies the
proposed Resolution to incorporate any of the Agricultural Enterprise Programs, the fiscal
impacts may include costs as outlined in Attachment 2.
DISCUSSION:
Backaround
On September 23, 2003 and December 9, 2003 the City Council approved resolutions for
the first two actions of the Agricultural Conservation Program based Planning
Commission recommendations from the Report on the Conservation of Agricultural
Resources in the City of A"oyo Grande (Agricultural Report) and initiated by City Council
Resolution No. 3699. Resolution 3699 included several related actions that are intended
to comprehensively comprise a program of agricultural resource protection. The first two
actions were regulatory, and included a General Plan Amendment to revise land use
designations and a Development Code Amendment for implementation of findings and
standards to protect Agriculture as an important City resource.
CITY COUNCil
GPA 03-003 REVISION OF THE AGRICUl rURAL CONSERVATION AND OPEN
SPACE ELEMENT
MARCH 23, 2004
PAGE 2 OF 7
The longevity and permanence of the City's effort to preserve agriculture within and in the
area immediately surrounding the City requires additional programs to address the
escalating pressure on agricultural resources by urbanization. This proposal presents
alternatives for the third in a series of actions for implementation of the recommendations
established by Resolution 3699. These include development and support for a
formalized Agricultural Enterprise Support Program (AESP) and an Agricultural
Conservation Easement Program (ACEP) for the City. Additionally, at the November 25,
2003 meeting, the City Council directed staff to prepare a General Plan Amendment for
Planning Commission and City Council consideration eliminating the word "minimize"
from objective Ag 1.
One additional item for consideration is a policy language revision concerning the allowed
density on Ag-designated parcels. Alternatives may be considered that would enable an
increased density to allow for farmworker housing consistent with Implementation Policy
J-5 of the 2003 Housing Element.
AQricultural and Open Space Element Policy Statement AG1
2001 General Plan Objective Ag1 provides: "Avoid, minimize and/or mitigate loss of
prime farmland soils and conserve non-prime Agriculture use and natural resource
lands." The word "minimize" was added during City Council adoption of the plan when
the term "no net loss" was eliminated. It was recognized that some prime farmland soils
and properties surrounded by urban uses, and otherwise appropriate for development,
might eventually be converted.
The use of the word "minimize" in the policy objective indicates that the City could allow
some conversions provided a request is consistent with all other objectives and
associated policies of the General Plan. If the word "minimize" was removed, then
future proposals to redesignate prime farmland parcels must be "avoided" or "mitigated".
Mitigation requires permanent protection of an equal or greater amount of prime farmland
than that converted, depending on the specific facts of each case. It is important to
consider consistency with other objectives and policies i(the word "minimize" is removed.
Some related implementation policies and programs are listed below.
Policy Ag. 1-4.3 includes the explanation that "The City's aim shall be to maintain
contiguity of Ag and C/OS parcels and avoid fragmentation of areas having prime
farmland soils and that ''The City shall avoid development of prime farmland soil areas by
directing growth potential to more suitable (urban) locations." This policy also clarifies
that "Only after the imposition of available mitigation and consideration of alternatives to
avoid the proposed (conversion) action, may the City Council approve development on
prime farmland soils, subject to overriding considerations as permitted by California
Government Code (CEQA) Section 15093."
CITY COUNCIL
GPA 03-003 REVISION OF THE AGRICUL TURAL CONSERVATION AND OPEN
SPACE ELEMENT
MARCH 23, 2004
PAGE 3 OF 7
Objective Ag 3 provides "Current acreage of agricultural uses within Arroyo Grande's
(Planning) Area of Environmental Concern shall be maintained." Policy Ag 3-3
emphasizes that ". ..prime Agriculture areas shall have the highest priority from
conversion to urban uses..." (In comparison with alternatives involving non-prime).
Policy Ag 3-14 provides that the City "Consider reclassification of an Ag parcel (or
contiguous set of parcels), only if and when the parcel or set of such parcels is less than
minimum size (e.g. legally non-conforming as to area) and is isolated from other
agricultural uses."
Policy Ag 3-15 provides: "Redesignation" requests shall avoid leapfrogging of parcels in
agricultural use that would result in other Ag parcels being widowed, including uses within
County jurisdiction as well as uses within (the) City." Any reduction is considered
significant, but if it creates or contributes to additional conversions, isolation or widowing
of other prime farmland soils areas, it is cumulatively more substantial.
Policy Ag 5-3 states: "Land use conversions shall not adversely affect existing or
potential agriculture production on adjacent lands designated Ag." The intent of this
policy statement distinguishes between the conversion of the few parcels described as
isolated or widowed and the many parcels which compose the much larger non-isolated
Agriculture designated areas of prime farmland soils.
AQricultural Conservation Easement ProQram (ACEP)
As discussed in the 2003 Agricultural Conservation Report, Section VI.J, the
development of an ACEP program includes identification of funding mechanisms and
processes for acquiring agriculture conservation easements as follows:
To implement General Plan Policy AG1-3 AG/C/OS, 15-21, ED3, and CASP Action
Plan Alternative 5.3, create an Agricultural Conservation Easement Program
(ACEP) to address the predominant agricultural parcels within the City that do not
meet minimum criteria and are not eligible for Williamson Act contracts. The
program should provide for "linked" easements to create larger areas for protection
and possible cooperative or joint agricultural operations. Components of the
program should include:
1. Apply for funding from the California Coastal Conservancy and/or the California
Conservation Department to set up the ACEP and develop a model agricultural
conservation easement, determine funding mechanisms including mitigation
funds and/or special taxes or bond measures, and determine if there is land
owner interest in easements limited to 10, 20 or 30 years as well a permanent.
2. Develop an AffOYO Grande chapter of the Land Conservancy of San Luis
Obispo County or partner with the San Luis Coastal Resource Conservation
CITY COUNCIL
GPA 03-003 REVISION OF THE AGRICULTURAL CONSERVATION AND OPEN
SPACE ELEMENT
MARCH 23, 2004
PAGE 4 OF 7
District, including policies for organization and management of a conservation
easement program.
3. Develop an education and outreach workshop for local farmers to individually
meet with American Farmland Trust or other qualified consultants to discuss
and calculate the costs and benefits of placing agricultural conservation
easements on their land.
4. Develop a mechanism in conjunction with the County Assessor to identify and
describe tax relief or other incentives for farmers to provide more acceptable
terms and conditions for voluntary agricultural conservation easements.
This program requires development over a two-year period. City staff is pursuing a
planning grant for the development of this program in accordance with the first
component of the program. Additionally, if funding is provided for a workshop in
conjunction with American Farmland Trust (described in Attachment 2), landowners can
receive information regarding the feasibility and pros and cons of placing an agricultural
conservation easement on their property in accordance with component number 3 above.
This program is consistent with existing policies in the General Plan and, when
completed, would come forward for adoption by a separate City Council action. The
following additional General Plan Implementation Policies are proposed:
Ag1-3 Support existing programs and develop strategies to retain areas of pfiFRe
farmland soils iR for agricultural use, and other Conservation/Open Space (C/OS)
areas in a natural, undeveloped state.
Ag1-3.1 Encourage Williamson Act participation and acquisition of
aaricultural conservation easements by agricultural landowners. An
inventory of parcels under Williamson Act contract and those with
aaricultural conservation easements within the City shall be maintained by
the Community Development Department and the status of those
contracts/easements reported to the Planning Commission and City
Council. The City's objective shall be 100% of either Williamson Act
enrollment of statutory qualified parcels or aaricultural conservation
easement aCQuisition. bearing an Ag designation. The City's aim shall be to
maintain contiguity of Ag and CIOS parcels and avoid fragmentation of
areas having prime farmland soils or non-prime Conservation/Open Space
designation.
Ag 3-5 All Ag-designated lands shall be considered 'Agricultural Preserve' for Land
Conservation Act (Williamson Act) purposes and eligible to enter into Williamson
Act contracts to the extent that statutory qualifications are satisfied. The City shall
CITY COUNCIL
GPA 03-003 REVISION OF THE AGRICULTURAL CONSERVATION AND OPEN
SPACE ELEMENT
MARCH 23, 2004
PAGE 5 OF 7
encouraae aaricultural Cbnservation easements for lands that are not eliaible for
Williamson Act contracts.
Ag 3-5.1 Promote Williamson Act contracts, or aaricultural conservation
easements, on Ag-designated properties within the City limits and in the City's
Area of Environmental Concern. The City's aim shall be 100% participation of
qualified Ag-designated properties that are otherwise not protected in perpetuity.
Ag 3-6 Encourage lot mergers and consolidations, within the Ag district, and
among properties seeking inclusion into the Ag district, or meet minimum parcel
size requirements for Williamson Act participation and City standards for
Agriculture uses, and encouraae ioint participation in linked aaricultural
conservation easements.
Ag 3-6.1 Establish incentives f9r lot mergers and consolidations. The City's aim
shall be 100% of Ag-designated properties to be qualified for Williamson Act
participation and compliant with City standards, or subiect to aaricultural
conservation easements.
Farmworker Housina
The recently adopted Housing Element included Policy J.5: "The development of
housing for farmworkers shall be encouraged. Farmworker housing may be authorized in
non-prime lands zoned Agriculture, as well as mixed-use or multiple-family residential
zones."
Implementing Program J.5-1 stipulates that: "The City shall further study the housing
needs of farm-workers and if determined necessary or appropriate, update the
Development Code to include provisions for development of Farm-worker housing on
properties zoned Agriculture, Mixed-Use, and Apartments." According to the Institute for
Local Self Government, farmworker housing is an important component to agricultural
operations in that farmers need to attract and retain the labor necessary to operate
profitably (Farmland Protection Action Guide, 2002). Given that there is an estimated
shortage of 121,000 - 164,000 units for workers in the State, and existing housing is
often severely substandard, assistance from local agencies to provide housing can give
local farmers a competitive edge. Local funding can be used in conjunction with State
and Federal funds, and/or tax incentives, to develop additional farmworker housing units.
Development Code Amendment 03-005 included a provision for increased density related
to farm-worker housing to be determined by discretionary review. However, General
Plan Policy Ag3-11 restricts residential density to no more than one unit for parcels less
than 20 acres (the City currently has few Ag-designated parcels over 20 acres). The
following revision is included in this General Plan Amendment proposal:
CITY COUNCIL
GPA 03-003 REVISION OF THE AGRICULTURAL CONSERVATION AND OPEN
SPACE ELEMENT
MARCH 23, 2004
PAGE 6 OF 7
Ag3-11 Allow residential density of no more than two primary dwelling units
on each legal parcel of 20 acres or larger within the Ag category. Accessory
units for farmworker housinQ at a hiQher density may be allowed on parcels
Qreater than 20 acres subiect to obtaininQ a conditional use permit. Allow no
more than one primary dwelling unit on each parcel of less than 20 acres;
exceptions may be allowed for farmworker housinQ located on non-prime
AQriculture desiQnated lands subiect to obtaininQ a conditional use permit.
Farmworker housing includes housing occupied by agricultural workers (with their
primary income from year-round or seasonal agricultural work) and their families during
the year. According to definitions used by the Migrant Health Program, U.S. Department
of Health and Human Services, a seasonal farmworker is "an individual whose principal
employment (51% of time) is in agriculture on a seasonal basis, who has been so
employed within the last 24 months." A migrant farmworker meets the same definition,
but "establishes for the purposes of such employment a temporary abode". Farmworker
housing may be further defined, within the bounds of State law, to meet specific
definitions as may be required by various funding mechanisms for a housing project.
AQricultural Support and Enterprise ProQrams
An Agricultural Support and Enterprise Program Manual was developed in accordance
with Resolution 3699 and derived partially from public input gathered at an Agricultural
Enterprise workshop held by City staff on November 20, 2003 (Attachment 2). For the
Planning Commission hearings on February 3 and March 2, 2004, staff recommended
that the 2001 General Plan Policies outlined in Ag4-1 through 4-6 be amended to refer to
the program proposals discussed in the manual. These would include, but not be limited
to:
1. Additional Agricultural Support Workshops conducted locally;
2. Cooperative Produce and Ag Product Sales Stand Feasibility Study;
3. 2004 Small Parcel Farming Workshop;
4. Agricultural Activity Directional and Identification Signage; and
5. Education and Outreach Programs including "Buy Fresh, Buy Local" and Agri-
Tourism promotions.
The Planning Commission expressed support for the "Buy Fresh Buy Local" program and
discussed getting financial support from the private sector.
PlanninQ Commission Recommendation
The Planning Commission held a public hearing to discuss General Plan Amendment 03-003
on March 2, 2004. The Commission recommended by Resolution that City Council approve
General Plan Amendment 03-003 amending the Agricultural Conservation and Open Space
Element to revise General Plan objective Ag1, General Plan Policies & Implementation
Measures relating to agricultural conservation easements including Ag1-3, Ag1-3.1, Ag3-5,
Ag3-5.1, Ag3-6, Ag3-6.1 and General Plan Policy Ag3-11 relating to farm worker housing as
"""""."""-- -
CITY COUNCIL
GPA 03-003 REVISION OF THE AGRICULTURAL CONSERVATION AND OPEN
SPACE ELEMENT
MARCH 23, 2004
PAGE 7 OF 7
modified to support accessory farmworker units on any agricultural land of 20-acres or more
by Conditional Use Permit, and farmworker housing on non-prime Ag land parcels of smaller
size through the Conditional Use Permit process, striking amendments to Ag4-1.2 through
Ag4-4.4 and Exhibit "A" relating to Agricultural Support and Enterprise Programs to allow
more time for consideration, public comment and prioritization (Attachment 4).
Public Comment
Several comment letters were received and distributed during the public hearing process
concerning Resolution 3699, which initiated this proposal. A 1/8 display ad was
published on January 24, 2004 in the Times Press Recorder announcing the item for the
Planning Commission meeting on February 2nd where the item was continued to March 2,
2004. An additional 1/8 display ad was published on March 12, 2004 in the Times Press
Recorder announcing the City Council Hearing.
Environmental Review
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. A Negative Declaration was prepared analyzing the
potential environmental impacts of the recommended policy revisions to the Agricultural
Conservation and Open Space Element (Attachment 3).
AL TERNA TIVES:
The following alternatives are presented for Council consideration:
- Adopt the proposed resolution;
- Make modifications and adopt the proposed resolution;
- Do not adopt the proposed resolution;
- Provide direction to staff.
Attachments:
1. City Council Resolution 3699
2. Agricultural Support and Enterprise Program Manual
3. Initial Study and Negative Declaration
4. Planning Commission Minutes, March 3, 2004
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING GENERAL PLAN
AMENDMENT 03-003 TO AMEND THE AGRICULTURAL,
CONSERVATION AND OPEN SPACE ELEMENT
REVISING OBJECTIVE AG1 RELATING TO CONVERSION
O~ PRIME AGRICULTURAL LAND; POLICY AG3-11
RELATING TO FARMWORKER HOUSING; AND POLICIES
AND IMPLEMENTATION MEASURES FOR AG1-3, AG3-5,
AND AG3-6 RELATING TO AGRICULTURAL
CONSERVATION EASEMENT PROGRAMS
WHEREAS, the City Council of Arroyo Grande adopted the updated General Plan on
October 9, 2001 and requires a comprehensive review and necessary revisions to the
Development Code and zoning map for consistency in accordance with Government
Code Section 65860; and
WHEREAS, the City has a responsibility to assure adherence to the General Plan in
meeting the needs and desires of the residents and the community; and
WHEREAS, on January 14, 2003, the City Council adopted Ordinance 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, 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 ConseNation of
Agricultural Resources for the City of A"oyo Grande (Agricultural Report); and
WHEREAS, on July 22, 2003, the City Council adopted Resolution No. 3699, a portion
of which initiated the preparation of Agricultural Enterprise and Agricultural
Conservation Easement programs, among other recommendations from the Agricultural
Report; and
WHEREAS, on July 22, 2003, the City Council also engaged in substantial discussion
regarding modification of language for Objective Ag1 in the Agricultural Conservation
and Open Space Element; and
WHEREAS, on November 25, 2003, the City Council adopted an update to the Housing
Element of the General Plan which addressed the issue of Farmworker housing on
Agricultural lands; and
RESOLUTION NO,
PAGE 2
WHEREAS, on March 2, 2004, the Planning Commission adopted Resolution No. 04-
1916 that recommended that the City Council approve General Plan Amendment 03-
003; and
WHEREAS, on March 23, 2004, the City Council 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 for General Plan Amendment 03-003; and
WHEREAS, the City Council has determined that the following General Plan Amendment
findings can be made in an affirmative manner:
1. The proposed amendment 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
insignificant and a Negative Declaration was prepared.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby directs the Agriculture, Conservation and Open Space Element of the
General Plan to be amended as shown in Exhibit "A" attached hereto and incorporated
herein.
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 23rd day of March 2004.
-.----------
--.----
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.
EXHIBIT "A"
The following objective, policies and implementation measures of Agriculture,
Conservation and Open Space Amendment of the General Plan shall be
amended accordingly:
Ag 1 Avoid and/or mitigate loss of prime farmland soils and conserve non-prime
Agriculture use and natural resource lands,
Ag3-11 Allow residential density of no more than two primary dwelling units
on each legal parcel of 20 acres or larger within the Ag category,. Accessory
units for farmworker housing at a higher density may be allowed on parcels
greater than 20 acres subject to obtaining a conditional use permit, Allow no
more than one primary dwelling unit on each parcel of less than 20 acres;
exceptions may be allowed for farmworker housing located on non-prime
Agriculture designated lands subject to obtaining 'a conditional use permit,
Ag 1-3 Support existing programs and develop strategies to retain areas of
farmland soils for agricultural use, and other Conservation/Open Space (C/OS)
areas in a natural, undeveloped state,
Ag1-3,1 Encourage Williamson Act participation and acquisition of agricultural
conservation easements by agricultural landowners, An inventory of parcels
under Williamson Act contract and those with agricultural conservation
easements within the City shall be maintained by the Community
Development Department and the status of those contracts/easements
reported to the Planning Commission and City Council, The City's objective
shall be 100% of either Williamson Act enrollment of qualified parcels or
agricultural conservation easement acquisition, The City's aim shall be to
maintain contiguity of Ag and C/OS parcels and avoid fragmentation of areas
having .prime farmland soils or non-prime Conservation/Open Space
designation,
Ag 3-5 All Ag-designated lands shall be considered 'Agricultural Preserve' for
Land Conservation Act (Williamson Act) purposes and eligible to enter into
Williamson Act contracts to the extent that statutory qualifications are
satisfied, The City shall encourage agricultural conservation easements for
lands that are not eligible for Williamson Act contracts, '
Ag 3-5:1 Promote Williamson Act contracts, or agricultural conservation
easements, on Ag-designated properties within the City limits and in the City's.
Area of Environmental Concern, The City's aim shall be 100% participation of
qualified Ag-designated properties that are otherwise not protected in
~---_._._._--....._--
perpetuity,
Ag 3-6 Encourage lot mergers and consolidations, within the Ag district, and
. among properties seeking inclusion into the Ag district, or meet minimum
parcel size requirements for Williamson Act participation and City standards
for Agriculture uses, and encourage joint participation in linked agricultural
conservation easements,
Ag 3-6,' Establish incentives for lot mergers and consolidations, The City's
aim shall be , 00% of Ag-designated properties to be qualified Williams<?n Act
participation and compliant with City standards, or s~bject to ~gricultural
conservation easements,
_'_____._.__T<_,____,~~ -
RESOLUTION NO. 3889 A TT ACHMENT 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE TO INITIATE AN AMENDMENT OF THE GENERAL PLAN
LAND USE MAP TO REDESIGNATE CERTAIN PROPERTY TO
AGRICULTURE AND TO MODIFY CERTAIN POUCIES OF THE LAND
USE ELEMENT AND THE AGRICULTURE OPEN SPACE AND
CONSERVATION ELEMENT; TO ESTABUSH AGRICULTURAL
CONSERVATION EASEMENT AND SUPPORT PROGRAMS; AND TO
INITIATE AN AMENDMENT OF TITLE 18 OF THE MUNICIPAL CODE TO
MODIFY ALLOWABLE USES AND DEVELOPMENT STANDMD8,
MmGATION MEASURES, BUFFER OVERLAY DISTRICT TEXT AND
MAPPING, IMPLEMENTING RECOMMENDATIONS FROM THE REPORT
ON THE CONSERVATION OF AGRICULTURAL RESOURCES FOR THE
CITY OF ARROYO GRANDE
WHEREAS, on January 14. 2003. the City Council adopted Ordinance 536 which
established a moratorium on the acceptance of land use applications that eeek to develop
parcels containing prime farmland soils and directed staff to prepare a study to determine
and asse8s 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, 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 01 AgtIcuItura/
ResoufC88 for the City of Anoyo Grande (Agricultural Report) attached hereto as exhibit
MAlA and Incorporated herein by this reference; and
WHEREAS, after consideration of all testimony and all relevant evidence. the Planning
Commission recommends that the CIty Council initiate the preparation of an ernendI.tent of
the General Plan Land Use Map for four (4) prime agricultural propertiea; to ...blish
agricultural conservation easement and support programs; and to amend the portions of
Title 18 of the Municipal Code to establish allowable uses, mitigation I11UIUI88 and
development standards in order to Implement recommendations from the Agricultural
Report; and
WHEREAS, on July 22, 2003, the City Council held a public hearing on the Agricultural
Report to receive additional testimony and evidence; and
WHEREAS, the City Council has 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 make the following findings:
--...--".---.- -~ --,_.---~.-
RESOLUTION NO. 3898
PAGE20F9
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:
B, The City has demonstrated a long tenn commitment to agricultural preservation
through long-range planning, general plan policy, zoning, the right to fann ordinance
- 419 C,S" commission of the Coordinated Agriculture Support Ptogf8m (CASP)
study and ordinance 536;
C, Pennitted conversion of prime fannlands have historically and consi8tentIy caused
detriment and eyentual conversion of nearby or adjacent parcels to non agricultural
uses which in turn effect development pressure on other agricultural lands:
D, Operating fanns 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 conc:IItIons and
specific mitigations to effect long tenn 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 I8CUred,
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 Di8trict and the
california Coastal ConserVancy In that an agricultural easement program can
benefit long tenn 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:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby directs the following:
I. Preparation of a General Plan Amendment to............ to Agrtculbn certain
property and to modify Lancl Use Element policy atateIIaent LUl-13 and
Agriculture, Open Space and Conurvatlon e......nt Implement8tlon Policy AG1-
4.2.
- ---------- -----
_..~---
RESOLUTION NO. 3899
PAGE 30F9
A. The specific property to be redesignated Is referenced in Table 3 and
on Map 13 of the Agricultural Report and Identified ..:
1, Approximately 7,4 acres, APN 007-621-023, owned by Edward
Dorfman, zoned Agriculture, redesignate on Land Use Map from
Mixed Use/Planned Development to Agriculture
2, Approximately 2,8 acres as a portion of APN 007-621-073, owned
by Edward Dorfman, zoned Agriculture; redesignate on Land Use
Map from Mixed Use/Planned Development to Agriculture (Note:
the remaining portion of this parcel Is currently zoned Highway
Commercial and is not recommended for redeslgnatlon)
3, .1,64 acres, APN 007-621-001, owned by the Japanese Welfare
Association, zoned Agriculture; redesignate on Land Use Map from
Mixed Use/Planned Development to Agriculture
4, 4,92 acres, APN 007-761-022, owned by Bruce Vanderveen,
zoned Agriculture; redesignate on La.nd Use Map from Rural
Residential to Agriculture
B. 1, Land Use Element Policy Statement LU5-13 shall be deleted in its
entirety.
2, Agriculture, Conservation and Open Space Element
Implementation Policy AG1-4,2 shall be amended 88 follows:
AG 1-4,2 Possible mitigation for loss of areas having prime
farmland soils may include permanent protection of prime I
farmland soils at a ratio of UD to 4;4 Z:1 with regard to the
acreage of land removed from the capability for agricultural I
use. as determined bv the City Council,. Pennanent
protection may Involve, but Is not limited to, dedication of a
perpel4al agriculture 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 I
soils, Suitability of the lanc1..5#1osen as mitiQatlon leeetieA
shall be ".armiAe" aDDroved by the City Council. The aim
shall be to protect and preserve prime farmland solis
primarily within and contiguous to City boundaries, secondly
within the Urban land Use Element area, and thirdly within
the larger Arroyo Grande VaHey and La Cienega Valley
within the Area of Environmental Concern, Other potential
mitigation measures for loss of areas having prime fannland
soils include payment of in-lieu fees or such other mitigation
-------."" _._~--_.-
RESOLUTION NO. 3889
PAGE40F9
acceptable to the City Council,
3, ACO/SE Policy Ag6-1 shall be amended as follows:
Ag6-1 Ag zoning classifications shall prescribe minimum paroeI sizes
of 2O-acres for cultivated, irrigated andlpr prime agricultural land and
40 20 acres for non-cultivated, non-irrigate and/or non-prime
agricultural lands,
II. Pntparatlon of a reaolutlon to:
A. Develop an Agrlcultunt Con"lVIItlon e......nt program and dlNCt ataff to
outline potential funding and the proc... for acquiring AfIrIGuIture
Conaervatlo~ Eaementa a. outlined In the Agricultural Report, 'action VI.J
and as follow.:
To implement General. Plan Policy AG1-3 AGlClOS.15-21, ED3, and CASP Action
Plan Altemative 5.3, create an Agricultural Conservation E_ment Program
(ACEP) to address the predominant agricultural parcels within the City that do not
meet minimum criteria and are not eligible for WIllemsen Ad. contracta. The
program should provide for 'inked- easements to create larger a.... for protection
and agricultural operations. Components of the program should Include:
1. Apply for funding from the California Coastal Conservancy or the Callomia
Conservation Department to set up the ACEP and develop a model agricultural
conservation easement, detennine funding mechanisms Including mItig8tion
funds and special taxes or assessments, and detennlne If there is a benefit for
easements limited to 10, 20 or 30 years,
2, Develop an Arroyo Grande chapter of the Land Conservancy of San Luis Obispo
County or partner with the San Luis Coastal Resource Conservation District,
including policies for organization and management
. 3, Develop an education and outreach workshop for local farmers to individually
meet with American Farmland TNst or other qualified consultants to diIcu88 and
calculate the costs and benefits of placing agricultural conservation MMments
on their land,
4. Develop a mechanism in conjunction with the County Assessor to identify and
describe tax relief or other incentives for farmers to provide more acceptable
terms and conditions for voluntary agricultural conservation easements,
I
I
I
I
---.-..... ...-----
RESOLUTION NO. 3888
PAGE50F9
B. Work with loeal Farm BU188u, Chamber. of Commerce, Cal Poly and other
organlzatlona to develop an Agricultural Enterprl.. program to pnNIIGte and
benefit loealagrlculture _ outlined In the AgrIcultural Report, SectIon Vi.5.G.
1, Create a program that provides for cooperative produce sales ata common
location.
2, Host a small-parcels farming workshop in conjunction with. the University of
Califomia Small Farm Center and Cal Poly's Sustainable Ag Program,
3, Allow agri-tourism and agricultural related dlrectionalsignage such as fann-stay
or winery location sign provisions, Work with the County's Farm Bureau in
exploring ways and means of implementing an agri-tourisrn program,
4, Develop an education and outreach program aimed at heightening public
awareness of the cost-benefits of agriculture preservation,
III. Preparation of an ordinance to amend Title 18 of the Arroyo Grande Municipal
Code (AGMC) _ follows:
A. Amend AGMC Sectlon18.24.020 creating an agricultural........ CMN1ay
dlatrlct of 100 feet around all parcel. clMlgnat8d and zoned agrtcuIIure _
outlined In the Agricultural Report, SectIon VI.C. and per the ......
ordinance contained In Appendix E. _ follows':
1, .Establish a zoning overlay implementing a 100 foot minimum buffer around all
Agriculture property as depicted on the map in E-1 to implement GenenII Plan
Policy AG5-2, applicable to all new development or redevelopment that is
adjacent to Agricultural property, The buffer shall Include a 20 foot I8ndlcaped
strip as described In the 2001 General Plan. Greater ~ may aIao be
required upon the recommendation of 'the San Luis County AgrIcultural
Commissioner, A partial exception may be allowed if it can be demoMtrated
that an adequate physical buffer (such 88 Arroyo Grande CI'88k).... between
the agricultural use and the non-agrlcultural use If approved by the County
Agricultural Commissioner,
B. Amend AGMC SectIon 18.28.18.040 and 18.20.080 to Incorporate expanded
findings for rezoning application. and subcllvlalona .. outlined In ....
Agricultural Report, SectIon VI.A.1 and VI.A.2 _ foIlowa:
1. To implement General Plan Policy AG 3-14 and 3-15, include addlllonal findings
specific to approving rezoning applications In Agriculture di8trtd8 In
Development Code Section 16.16.040 (Amendments to zoning dietrIcIs and
other provisions). which are derived in part from the WUllarnson Ad:
~__~"._.". ....____u
RESOLUTION NO. 3699
PAGE80F9
a, That the uneconomic nature of the agricultural use is primarily attributable to
circumstances beyond the control of the landowner and the City, and there
are no other reasonable or comparable agricultural uses to which the land
may be put, either individually or In. combination with other adjacent prime
farmland parcels; and
b, The proposed change in zone (or revision to this title) is for a parcel, or for a
contiguous set of parcels, that is legally noncOnforming as to minimum area
in the Agriculture district; and
c. The proposed change In zone (or revision to this tiUe) will not result In.
Intensify, or contribute to dlscontiguous patterns of urban development; and
d, The proposed change in zone (or revision to this We) will not likely result in
the removal of adjacent lands from agricultural use; and
e, The proposed change in zone (or revision to this title) is for an alternative
use which Is consistent with the applicable provisions of the City General
Plan; and
f, That there is no proximate land, which is both available and suitable that
would provide more contiguous patterns of urban development than
development of proximate non-prime farmland,
2, To implement General Plan Policy AG5-2, revise AGMC Section 16,20,060
(Land Divisions ) to include the following finding necessary for proposals to
subdivide prime farmland and/or lands adjoining an Agriculture district: For a
proposed subdivision that includes, or is adjacent to, prime fannland, or is within .
an Agriculture district; that the design of the tentative map or proposed
improvements provides an adequate buffer as determined through
environmental review under CEQA to minimize potential confIIct8 between
agricultural and nonagricultural land uses and to protect the public health, safety,
and welfare,
C. Amend AGMC Section 16.28.030 to revise allowable .... In Agricultural
districts _ outlined In the Agricultural Report, SectIon VI.A.3 and VI.A.4 _
follow8:
1, To implement General Plan Policy AG3-1 and AG3-7, revise AGMC Section
16.28,030-A No, B 1 to include: Ranch and Farm dwellings appurtenant to a
principal agricultural use as permitted, Single Family detached dwellings on
------ - .- ----
RESOLUTION NO. 3899
PAGE70F9
conforming lot6 as permitted, Single Family detached dwellings on legal non-
confonning lots as pennitted subject to a Conditional Use Pennit pursuant to
Section 16.16,050, (AGMC Section 16.16.050-D.2 requires the approving body
to make the finding that the propOsed use would not Impair the integrity and
character of the district in which it is to be established or located.)
2, To implement General Plan Policy AG1-1,2, AG3-4, and AG4-4 revise AGMC
Table 16.28.03o-A No, C, (Commercial Uses) to Include the following eubject to
Conditional Use Permits: greenhouses (with speciflc perfonnance criteria),
wholesale nurseries, guest ranches, and large animal veterinary oftIce8;end No,
E. (PubltclQua8l-Public Uses) include public facilities when required by health,
safety, or public welfare, and community garden8 a8 conditionally permitted,
C. Amend AGMC SectIon 18.28.040 to revise standards _ outlined In
Agricultural Report, SectIon VlA5 _ follows:
1, To implement General Plan Policy AG3-1 0, revise AGMC Table 18.28,04Q..A
to include a Maximum Bulding Site Area of 1 acre.
2, To implement General Plan Policy AG3-1 0, revise AGMC Section 18.28,0408, to
include the following language: Acceaaory buldings and structures shall be
8ited to minimize disruption of agricUltural operationa, avoid corMnIon8 of
productive fannland and take maximum advantage of existing Infrastructure,
3, To implement General Plan Policy AG3-11 , revise AGMC Section18.28.040B to
include a Maximum Density of 2 dwelling units for parcel8 equal or lalgerthan 20
acres and 1 dwelling per parcel for parcels less than 20 acres.
4, To implement General Plan Policy AG6-1 , revise AGMC Section 18,28.0408 to
reduce the minimum parcel size of 20 acres,
E. Amend AGMC SectIon 18.28 to Inclu. mltlptlon.naqul......... Md
additional buffer requirements for propoeed clewlopment I~ agItcuIIure
districts _ outlined In AgrIcultural Report, SectIon VI.a and per the
example ordinance contained In AppendIx F. _ follows:
1, To Implement General Plan Policy A1-4, adopt a prime fannland conversion
mitigation ordinance that provides for pennanent agricultural conMMItion
easements on prime fannland at a ratio of 2 to 1 with regard to acreage of land
converted from the capability for agricultural use,
I
- -_.-- ~-----
RESOLUTION NO. 3699
PAGE80F9
On motion by Council Member Dickens. seconded by Council Member Co8teIIo. and by the
following roll call vote. to wit
AYES: Council Members Dickens, Costello and Mayor Fenara
NOES: Council Members Lubin, Runels
ABSENT: None
the foregoing Resolution was adopted this 22M day of July. 2003,
_._-~
RESOLUTION NO. 3699
PAGE90F9 ,
. .
,
TONY M. F , MAYOR
ATTEST:
RE, DIRECTOR OF ADMINISTRATIVE SERVlCESI
DEPUTY CITY CLERK
\
.
APPROVED AS TO CONTENT:
~~kMANAGER
APPROVED AS TO FORM:
---,.._..... ._---~-
----- ~'"'''''--'~''' -"'-'~'."'--~.'"'-~'''''-''>'';''' '.~;"",-"..,-....."~"--,.-,."-"".,....,,,,,,,.....
ATTACHMENT 2
Exhibit "A"
Agricultural Support and Enterprise Program Manual
\
March 2, 2004
0
Agricultural Support Workshop
To facilitate development of Agricultural Enterprise and Agricultural Conservation
Easement Programs, City staff held a public workshop on November 20, 2003
The workshop was attended by property owners, farmers, and representatives
from interested agencies including the Coastal San Luis Resource Conservation
District, the University of California Cooperative Extension and the Central Coast
Agri-tourism Council. Topics discussed included a status of City Council actions
related to the preservation of Agricultural lands in the City, uses for Agricultural
properties including greenhouses, priorities for agricultural enterprise efforts,
direction to connect interested land owners and prospective lease holders for
starting, expanding or maintaining Agricultural operations, and feasibility of
conservation easements for lands within the City. This proposal includes
alternatives for additional workshops.
Agricultural Enterprise Program
City Council Resolution No. 3699 specified that staff should prepare a resolution
to allow work with the local Farm Bureau, Chamber of Commerce, Cal Poly and
other organizations to develop an Agriculture Enterprise Program to promote and
benefit local agriculture as outlined in the Agricultural Report, Section V1.5.G.
including:
1. Create a program that provides for cooperative produce sales at a
common location.
2. Host a small-parcel farming workshop in conjunction with the University of
California Small Farm Center and Cal Poly's Sustainable Agriculture
program.
3. Allow agri-tourism and agricultural related directional signage such as
farm-stay or winery location sign provisions. Work with County's Farm
Bureau in exploring ways and means of implementing an agri-tourism
program.
4. Develop an education and outreach program aimed at heightening public
awareness of the cost-benefits of agriculture preservation.
This report presents work by staff and recommendations related to the direction
given by the City Council in Resolution No. 3699.
I. Cooperative Produce Sales
The establishment of a successful program that provides for cooperative sales of
produce at a common location within the City of Arroyo Grande will involve a
considerable . amount of research combined with a specialized knowledge of
agriculture and marketing. These prerequisites are well beyond the current ability
of Community Development staff. In order to make progress related to a
cooperative produce sales program, staff has contacted Debra Garrison to
submit a proposal outlining an in-depth study that can be used by the City
Council in future decision making related to a cooperative produce sales
program. Ms. Garrison is currently perusing her Bachelor Degree in Agri-
1
Business at California Polytechnic State University, San Luis Obispo. In addition
to being a model student, Debra is a fifth generation member of a well known
Nipomo farming family and was involved the initial movement to certify local
farmer's markets and worked to bring farmer's markets to Santa Maria and
Ventura. Ms. Garrison's study proposal follows and if viewed favorably by the
City Council will also serve as her senior project, which is required for her
degree.
PROPOSAL FOR . Office space for farm
organizations, which allows
CREATING A COMMON AREA FOR THE for convenient networking.
SALE OF LOCAL AGRICULTURAL . Certified kitchens for. adding
PRODUCTS IN THE CITY OF ARROYO . value and packaging local
GRANDE products, restaurant
sponsored cooking classes,
Submitted by Debra Garrison and cooking facilities for the
store.
INTRODUCTION Coolers and freezer storage
.
The City of Arroyo Grande has for farmers adding value to
expressed interest in creating a products, (rented space) and
common area that provides for the storage for store products.
sale of local produce. Current direct . Garden Center for local
markets for produce sales include horticu Itu rists to sell their
roadside stands, California Certified stock.
Farmers Markets, agri-tourism, and Input and equipment storage
Community Supported Agriculture. A .
Buy Fresh-Buy Local labeling for farmers interested in
program created by California pooling expenses.
Alliance of Family Farms is currently . Meeting rooms for
being developed in San Luis Obispo educational gatherings for
County. farmers and consumers.
A facility to bring farms, farm . Produce store and deli
organizations and consumers featuring local product.
together under one roof is a logical
next step in the support of local Local restaurants and stores can
farming. This facility would bring also be encouraged to participate
value to the community by linking through programs that will enhance
farmers directly with local consumers their sales and alleviate competition
and providing a forum to exchange pressures.
information and purchase fresh safe Justification
food. Since the late 1970's, small farmers
Such a facility could consist of: have been realizing decreasing
profits largely due to continued
growth of vertically integrated food
2
-.----..-....----.---
corporations, increased government fresh food products and staying
regulations and fees, and urban home to cook and entertain
growth. Pressures to produce more
for less (requiring expensive Proposed Senior Project
technologies) have caused farmers
to optimize their production and I propose to look at the need and
sales techniques. During the last 20 viability of a single facility for
years on the Central Coast, farmers cooperative support of local farms,
have responded by developing and present a practical model for the
roadside stands (that must be. City of Arroyo Grande.
adjacent to the property where the It is anticipated that this project will
produce is grown), attending include:
Certified Farmers Markets that
sometimes have long waiting lists, . Surveying local members of
and agri-tourism that demands the the farm community to
grower to be responsive to people on assess tentative support
the farm which create high liabilities. . Find out information on
Community supported farms have needed space and equipment
been on the rise as well. These are
member-subscribers that pay a . Research state and county
seasonal, monthly, or weekly fee to laws regulating all mentioned
receive regular shipments of fresh activities
produce, which varies in content . Evaluate potential sites
according to the season. All these
programs have saved many farms . Evaluate possible funding
and for others have created new sources
ventu res into agriculture. . Present a model based on
Alternatively, some small farms have the research findings
been sold off or closed.
There is a large trend nationally and
locally to expand these programs as Preliminary Estimated Costs
the population becomes more aware
of food corporation takeovers, food Budgeted Expenses
safety and environmental concerns.
In today's fast paced economy, it is
evident that people are looking for a Expense Estimated
bit of "how it used to be" by the Amount
amount of city people moving to the Telephone $ 100.00
rural areas. This migration is driven
by a search for less congestion, Supplies (office) 200.00
slower pace, and better places to
raise a family. There is a Travel 200.00
corresponding increasing interest in Total $ 500,00
3
II. Small Parcel Farming Workshop
Mark Gaskell, Ph.D., who works as a Mark Gaskell, Farm Advisor with the
University of California Cooperative Extension in San Luis Obispo and Santa
Barbara counties has agreed to coordinate a Small Parcel Farming Workshop.
This workshop is tentatively scheduled during May, June or July of 2004 and can
be held at either the Women's Center or at the Regional Center located at the
County Library on West Branch Street. A proposal of workshop content follows:
Farming on the Suburban Fringe: farming operations and identifying
A Workshop higher value crops or products and
looking for additional opportunities
Submitted by Mark Gaskell, Ph.D. for direct marketing such as
agritourism, farm stands,
Farmers who continue to farm in the subscription farms, farmers markets,
midst of growing suburban and internet sales. Other special
development are presented with options may also exist depending
special problems that challenge their upon the circumstances.
economic survival. . Encroaching
surrounding development causes This proposed workshop will target
conflicts among new neighbors with growers and agriculture zoned
unrealistic expectations about living property owners in the Arroyo
in their rural environment. Farmers Grande area and will address the
must deal with special problems special problems related to farming
related to conducting farming in a suburban setting. Potential
operations amidst heavier traffic, speakers can range from local farm
narrow or restricted roadways, groups, other UC advisors and
limitations on equipment movement, specialists statewide, and Cal Poly,
among other things. And new San Luis Obispo faculty as well as
neighbors are intolerant of dust, invited . speakers with special
noise, and smell related to typical experience in subjects related to this
farming procedures. Delivery theme.
charges increase along with costs for
labor and other inputs because other It is anticipated that the workshop
rural businesses also see their costs could be scheduled sometime
rise. between May 1 and July 1, 2004.
Aside from any charges for meeting
The increased costs and facilities and refreshments, costs
complexities of farming in a associated with the workshop will
suburban setting put additional depend to a large extent on any
pressures on farmers to efficiently travel expenses or honorarium for
farm in these situations. Typically outside speakers. Total costs should
growers respond by intensifying not exceed $2000.
4
---
III, Changes to Development Code Sign Provisions
Staff proposes the following changes to the Development Code sign provisions
as they relate to signs that are exempt from Administrative Sign Permits,
Administrative Sign Programs and Planned Sign Programs. These changes
would allow for directional and identification signs associated with individual
agriculture operations within city.
16.60.050
H. Agricultural signs identifying individual farms, agricultural products grown or
raised on the premises and aQriculture related activities such as farmer's
markets, farm tours and farm stay operations shall be subject to the following:
1. The number of such signs shall be limited to one per street frontage.
2. If wall mounted, the sign shall be located below the roof line.
3. Freestanding signs shall be no higher than s'* eiQht feet.
4. Each sign shall have an area no greater than sixteen (16) square feet~ aM
shall be erected only during the gro'l.'ing and harvest season.
5. SiQn placement shall conform to Chapter 10.12. of the Municipal Code.
K.2. Memorial tablets, plaques, or directional signs for community historical~ aM
cultural and aQriculture resources installed by the city or by a city-recognized
historical society or civic organization;
Aqricultural Directional Siqn Proqram
In addition to the suggested changes to the Development Code relating to
agriculture related signs, staff recommends the following Agriculture Directional
Sign Program.
Intent
The intent of an agricultural directional sign program is to educate and inform
citizens and visitors about agricultural resources within the City of Arroyo Grande
and surrounding areas of the county. Associated benefits of this type of program
include education about the long history of agriculture in our community, the
availability and importance of locally grown food, and economic development of
agriculture related businesses.
Sign Placement and Design
The proposed sign program consists of multi-directional signs to be located
within City owned right-of-ways at strategic points throughout the City. Map 1
presents 18 initially proposed locations.
5
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The signpost should be organized in a hierarchical manner with a placard
identifying the sign as part of the City of Arroyo Grande's program. Suggested
wording for this placard states "Arroyo Grande Agriculture -Since 1868." The
second level of signs should consist of directional arrows to agriculture regions
within the city and county. These regions include "Arroyo Grande Agriculture,
Greater Arroyo Grande Valley Agriculture, Huasna Valley Agriculture, Edna
Valley Agriculture, Cieniga Valley Agriculture and Nipomo Mesa Agriculture." The
third and final tier of signs should consist of directional arrows to individually
operated agriculture sites and farmer's markets. Table one presents initial sign
text at each of the proposed 18 locations within the City of Arroyo Grande.
Sign Location Top Placard Regiona! P1ac-,(d Aqr!, h,
Number t." I
1 Cherry Arroyo Grande . Arroyo Grande Farmer's
Avenue and Agriculture Agriculture Market
Traffic Way Since 1868 (Saturday -
Noon to 2:30)
Ponderosa Iris
Garden
2 Fair Oaks Arroyo Grande . Arroyo Grande Farmer's
and Traffic Agriculture Agriculture Market
Way Since 1868 (Saturday -
Noon to 2:30)
3 101 Exit Arroyo Grande . Arroyo Grande Farmer's
and Fair Agriculture Agriculture Market
Oaks Since 1868 (Saturday -
Noon to 2:30)
4 Fair Oaks Arroyo Grande . Arroyo Grande
and Valley Agriculture Agriculture
Road Since 1868 . Cienega Valley
Agriculture
. Nipomo Mesa
Agriculture
5 Fair Oaks Arroyo Grande . Arroyo Grande
and Agriculture Agriculture
Halcyon Since 1868 . Cienega Valley
Agriculture
6 Cherry and Arroyo Grande . Arroyo Grande Ponderosa Iris
Branch Mill Agriculture Agriculture Garden
Road Since 1868
7 Branch Mill Arroyo Grande . Arroyo Grande Huasna Valley
Road and Agriculture Agriculture Farm
Tanner Since 1868 . Greater Arroyo
Lane Grande Valley
7
Agriculture
. Huasna Valley
8 Branch and Arroyo Grande . Arroyo Grande Farmer's
Traffic Way Agriculture Agriculture Market
Since 1868 (Saturday -
Noon to 2:30)
9 Branch and Arroyo Grande . Arroyo Grande Farmer's
Short Street Agriculture Agriculture Market
Since 1868 (Saturday -
Noon to 2:30)
10 Branch, Arroyo Grande . Arroyo Grande Edna Valley
Huasna and Agriculture Agriculture Wineries
Corbett Since 1868 . Greater Arroyo Talley Farms
Canyon Grande Valley
Agriculture
. Huasna Valley
. Edna Valley
11 Corbett Arroyo Grande . Arroyo Grande Edna Valley
Canyon and Agriculture Agriculture Wineries
Tally Ho Since 1868 . Edna Valley
Creek
Bridge .
12 Corbett Arroyo Grande . Arroyo Grande Edna Valley
Canyon and Agriculture Agriculture Wineries
Printz Road Since 1868 . Edna Valley
13 Grand Arroyo Grande . Arroyo Grande Farmer's
Avenue and Agriculture Agriculture Market
Halcyon Since 1868 . Cienega Valley (Saturday -
Agriculture Noon to 2:30)
14 West Arroyo Grande . Arroyo Grande Farmer's
Branch and Agriculture Agriculture Market
Northbound Since 1868 (Saturday -
101 off Noon to 2:30;
ramp Wednesday -
9:00 to 11:30
am)
15 West Arroyo Grande . Arroyo Grande Farmer's
Branch and Agriculture Agriculture Market
K-Mart Since 1868 (Wednesday -
Center 9:00 to 11:30
am)
8
.----
16 Grand Arroyo Grande . Arroyo Grande Farmer's
Avenue and Agriculture Agriculture Market
Elm Since 1868 . Cienega Valley (Saturday -
Agriculture Noon to 2:30)
17 EI Camino Arroyo Grande . Arroyo Grande Farmer's
Real and Agriculture Agriculture Market
Halcyon Since 1868 . Cienega Valley (Saturday -
Agriculture Noon to 2:30)
18 Grand Arroyo Grande . Arroyo Grande Farmer's
Avenue at Agriculture Agriculture Market
Southbound Since 1868 (Saturday -
101 off Noon to 2:30)
ramp
Table 1. Proposed directional signs and text.
The directional signs should be unique in appearance to the City of Arroyo
Grande while at the same time adding to existing directional signage that is
already placed throughout the county. Figure 1 depicts a directional sign, which
is part of the San Luis Obispo Coastal Wine Trail program in Edna Valley.
Figure 1. Wine trail sign located in the Edna Valley.
Participating Agriculture Operators
At the initial phase of the agriculture directional sign program it is anticipated that
there will be vacant directional arrow space due to the small number of on-site
9
farm programs within the City. However, growth in this industry is expected due
to the work of numerous countywide organizations including an Agritourism
group and a "Buy Fresh, Buy Local" organization. At the start of the program it is
suggested that sign opportunities be extended to agriculture operations outside
of the City limits, such as Huasna Valley Farms, SLO Grown Produce and
existing farm stands. As time goes by and sign space becomes limited, the
program could be restricted to farm operations within the City limits of Arroyo
Grande.
Cost of Program
Cost of the program will depend on sign materials and design and whether the
project will be sponsored in a self-supporting manner.
IV, Education and Outreach Program
Community Development Department Staff has been working closely with three
organizations - American Farmland Trust, Central Coast Agri-tourism Council
and the Central Coast Buy Fresh, Buy Local campaign. The works of these three
groups, in staff's opinion, fit perfectly with goals of developing an education and
outreach program. This recommendation is based on the fact that these
organizations are already established, have a track record of success, and in
most cases are composed of members with an economic stake in success.
Below are background statements for each group as well as a proposed scope of
work.
American Farmland Trust
Proposed Scope of Work for campaign, including the Chamber of
American Farmland Trust Commerce, Resource and
Conservation District and American
Submitted by Jeffery Garcia Farmland Trust (AFT). The purpose
of this proposal is to describe AFT's
Project Overview potential role in the campaign.
The City of Arroyo Grande's
amended 2001 General Plan AFT is a national, nonprofit
recommends the creation of various conservation organization founded in
programs and policies to protect 1980 to protect the nation's most
farmland and to make farming more productive farmland and promote
profitable. To these ends, as well as farming practices that lead to a
to educate farmers, agribusiness healthy environment. AFT has
leaders, elected officials, the general played a role in building support for
public and others about the value of and creating the majority of the
these programs and policies, a nation's farmland protection
public relations campaign could be strategies, particularly those that
conducted in Arroyo Grande. Several include purchase of development
entities could play a role in the rights programs. In California, AFT
10
-~.__._-_.-------_..-
.--~-
has helped create the California Speakers could include AFT
Farmland Conservancy Program, California Director John
strengthened the Williamson Act and McCaull and a California
built support for and developed farmer who has protected his
farmland protection strategies in or her farmland.
several counties, including Solano
and Monterey. AFT is currently AFT also could conduct a
working under contract for the' series of workshops in Arroyo
California Coastal Conservancy to Grande that are geared
create a farmland protection strategy toward the general public. The
for the four Central Coast counties. same topics as mentioned
AFT is based in Washington, DC above could be covered in
with field offices across the country, these workshops. A detailed
including three in California. discussion on the economic,
environmental, cultural and
Scope of Work historic value of farms and
American Farmland Trust (AFT) has farming could be added to the
more than 23 years of experience agenda. Speakers could
educating communities about include AFT California
farmland protection. Its experts have Director John McCaull and the
used public forums, printed materials administrator of one of the
and the media to deliver the nation's most successful local
message that farmland and farmers farmland protection programs.
add value to local communities.
Building off of this experience, AFT's Handouts could be available
role in an education campaign could to all workshop participants.
be as follows: This could include fact sheets
about the agriculture-related
. Workshops: AFT could policies and programs
conduct several workshops in recommended in the 2001
Arroyo Grande. The target General Plan and a "Why
audience could be farmers Save Farmland?" fact sheet.
. and farmland owners. At each
workshop, participants would Estimated cost: $1,000 to
learn about the agriculture- $10,000, depending on the
related policies and programs number of workshops,
recommended in the 2001 timing of workshops (e.g.,
General Plan. They could consecutive or
learn about the benefits and nonconsecutive days ),
drawbacks of each travel expenses for
program/policy, as well as speakers and type/amount
how similar programs/policies of workshop handouts.
are being used around the
country to ensure that farming . Brochures: AFT could
is economically viable and develop two brochures - one
environmentally sustainable. for farmers/farmland owners
11
--------.--- ---, --- -------
and one for the general public phone vs. mail), number of
- that describe the questions and final product
agriculture-related policies (e.g., press release,
and programs that are brochure ).
recommended in the 2001
General Plan. The brochures . Media Outreach: Working
could include photos from the with the campaign committee,
city and county and quotes AFT could develop and carry
about the plan from local out a media campaign about
residents. The brochure for the 2001 General Plan and
farmers/farmland owners the numerous benefits of
could be mailed to each protected farmland. Among
farmer/farmland owner in the the services AFT could offer is
city and county. The brochure the distribution of news
for the general public could be release to designated
available at the general public audiences via fax and e-mail
workshops described above and following up with calls to
and at other pertinent venues target media, drafting talking
in the city or county. points for editorial board
meetings, providing a
Estimated cost: $5,000 per template for a news releases
brochure, depending on about the project with quotes
design specifications and from AFT staff, and creating a
number of brochures printed. Web page about the
agricuture policies in the 2001
. Public Opinion Poll: To General Plan that includes
gauge public opinion on the hyperlinks to related work or
city's strategy, the future of partner organizations.
agriculture in the city and/or
options for funding the Estimated cost: $1,000 to
strategy, AFT could conduct a $5,000, depending on
public opinion poll. which services are
needed.
Estimated cost: $15,000,
depending on type of
survey format used (e.g.,
Central Coast Buy Fresh, Buy Local
The Central Coast Buy Fresh, Buy personal time, money and passion
Local (BFBL) is a recently for the betterment of local farmers.
established countywide group, which This group numbers approximately
formed from a . nucleus of 25 individuals who bring expertise
agriculturally involved individuals from many diverse fields and
who have donated large amounts of occupations including: small farmers
12
(who sell vegetables, fruit, meat, and measurably increase local product
cut flowers to local consumers via sales. The program uses a "Buy
farmer's markets, on-site produce Fresh, Buy Local" logo at the point of
stands and direct sales to purchase that allows the shopper to
independent markets ), marketing identify a local product without
professionals, conservation experts, having to look closely at the product
and University faculty. The BFBL labeling. The logo also serves to
Campaign has recently fostered an reinforce and educate consumers of
affiliation with the Community the agricultural resources within our
Alliance for Family Farmers and local communities. Reproduced
operates under its 501 (c)(3) status. below is our label which is unique to
farmers within the County of San
The focus of BFBL efforts is on a Luis Obispo, including those farmers
program to encourage local within the City of Arroyo Grande.
consumers, through a marketing
campaign, to purchase products
from local farmers and ranchers.
BFBL is committed to the belief that
consumers reap far-reaching
benefits by purchasing locally grown
food and agriculture products. These
benefits include:
. Getting the freshest produce
available. On average, food
travels 1,300 miles to reach
your dinner plate;
. Helping to strengthen our
local economy by keeping our Figure 2. Buy Fresh, Buy Local label.
food dollar here;
. Buying local foods helps to With financial support from the City
support our farming neighbors; of Arroyo Grande our organization
and can purchase, at a reduced cost,
. By keeping our remaining marketing items such as food labels,
family farms viable, we preserve point of sale cards, educational
our open space. posters about the importance of local
agriculture, buttons, t-shirts, and
Proposed Program cloth shopping bags. A breakdown of
The "Buy Fresh Buy Local" Program items and costs are presented in the
works at many different levels to following table. [Add. table when
educate the public about the benefits available.]
of purchasing locally grown products
and has as its ultimate goal to
13
"-"~'"""--'--
Central Coast Agritourism Council
Today, farmers and ranchers are map, which will be distributed to the
often looking for additional revenue thousands of visitors annually
sources to sustain their rural traveling throughout the central
operations. At the same time, the coast. In addition to the guide, we
public seems to be more and more are developing a web site
interested in experiencing the (www.agadventure.org) to showcase
farming and ranching way of our area's farms and ranches.
life. ..Enter Agritourism, a concept
which puts together the curious With financial support from the City
public with the business needs of the of Arroyo Grande our organization
typical farm or ranch. The result is a can hold a workshop in Arroyo
wide variety of popular enterprises Grande to inform agriculture parcel
like trail rides, farm stands, hunting owners about productive agritourism
operations and u-picks.Additional operations, assist in developing a
ventures include traditional rural successful program through our
activities such as cheese making, n~twork of participants and include
specialty livestock, festivals, and these new program on future maps.
farm stays. Educational events can
help consumers understand what
makes a farm or ranch viable or how
value is added through production
and packing.
This year, on the central coast, a
small group of farmers and ranchers
have gotten together with local
tourist professionals to promote our
agricultural way of life. We've chosen
agritourism as our vehicle to educate
the public and help diversify our
income sources. We've formed the
Central Coast Agritourism Council
(CCAC) as our marketing
association.
We encourage involvement from any
producer interested in the direct
marketing of locally grown central
coast products or agricultural
operations that lend themselves to
visits. Our goal is to help identify
additional revenue sources for the
small farmer or rancher, keeping our
business viable. We will be creating
and promoting a producers guide
14
-".--."----
General Plan LanQuaQe
It is recommended that the 2001 General Plan Policies outlined in Ag4-1 through
4-6 be amended to refer to the program proposals discussed in this document.
The following are the recommended additions:
Ag4-1.2 Develop an agriculture directional sign program to educate and
inform citizens and visitors about agriculture resources/products
within the City of Arroyo Grande.
Ag4-1.3 Support local and countywide programs that educate the public
about agri-tourism and the benefits associated with buying local
agriculture products.
Ag4-3.2 Occasionally hold small parcel farming workshops in cooperation
with the University of California Cooperative Extension program
and other local and countywide organizations.
Ag4-3.3 Support the American Farmland Trust in their efforts to educate
citizens and agriculture parcel owners about current and effective
techniques that make farming and farm preservation economically
viable and environmentally sustainable.
Ag4-4.4 Modify Development Code language to allow for signage to
advertise individual farms, agricultural products grown or raised on the premises
and agriculture relate activities such as farm tours and farm stay operations.
Summary of Staff Recommendations Related to Aariculture Enterprise Support
The following table summarizes staff's recommended actions regarding an
agriculture enterprise support program.
PROJECT/POLICY RECOMMENDATION
Cooperative Produce Sales Provide funding in the amount of $500
to implement the study as proposed by
Cal Poly student Debra Garrison.
Small Parcel Farming Workshop Provide funding in the amount of
$2,000 to the University of California
Cooperative Extension to implement
the Small Parcel Farming Workshop as
proposed.
Development Code Sign Provisions Amend Development Code sections
16.60.050 (H) and (K.2) to reflect
proposed changes in this report. This
amendment should be postponed until
staff can initiate a comprehensive
update of Development Code Chapter
relating to signs.
15
..,.,....,,',.._..--""-,-
Agricultural Directional Sign Program Direct staff to implement program after
the comprehensive update of
Development Code Chapter 16.60.
Education and Outreach Program 1. $4,000 to the American
Farmland Trust to develop a
joint workshop related to
Agriculture Conservation
Easement Program.
2. Provide funding in the amount
of $2,000 to Central Coast Buy
Fresh, Buy Local program for
the purchase of educational
materials.
3. Provide funding in the amount of
$2,000 to the Central Coast
Agritourism Council to host
workshops to encourage
agritourism within the City of
Arroyo Grande and its environs.
Table 2. Summary of staff's recommendations.
General Plan LanQuaQe
It is recommended that the 2001 General Plan Policies outlined in Ag4-1 through
4-6 be amended to refer to the program proposals discussed in this document.
The following are the recommended additions:
Ag4-1.2 Develop an agriculture directional sign program to educate and
inform citizens and visitors about agriculture resources/products
within the City of Arroyo Grande.
Ag4-1.3 Support local and countywide programs that educate the public
about agri-tourism and the benefits associated with buying local
agriculture products.
Ag4-3.2 Occasionally hold small parcel farming workshops in cooperation
with the University of California Cooperative Extension program
and other local and countywide organizations.
Ag4-3.3 Support the American Farmland Trust in their efforts to educate
citizens and agriculture parcel owners about current and effective
techniques that make farming and farm preservation economically
viable and environmentally sustainable.
Ag4-4.4 Modify Development Code language to allow for signage to
advertise individual farms, agricultural products grown or raised on the premises
and agriculture relate activities such as farm tours and farm stay operations.
16
_._--._~-- ---
.'
. .
A TT ACHMENT 3
,
. " ~ !.... , . :~. ~: :~ . :'j
,., .. - ~. .
CITY. OF' ARROYO GRANDE , - .,
INITIAL STUDY AND
j DRAEI MITIGATED N'EGA TIVE DECLARATION, .
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1, Project Title: General Plan Amendment 03-003'
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2,tead Agency Name & Address: City 'of Arroyo Grande
P.O. Box 550/214 E. Branch Str~et'
Arroyo Grande, CA 93421
3, Contact Person & Phone #: ' Teresa McClish, Associate Planner
. .(805) 473-5420
4, Project L9cation: Ag-designated parcels - City of Arroyo Grande
Arroyo Gra!1pe, CA 93420
5, . Project Sponsor's Name & Address:' City of Arroyo Grande
6, General Plan Designation: Agriculture (AG) .
7. Zoning: Agri~ulture (AG)'and Agriculture Preserve (AP)
8, Project Description: This initial study and negative Declaration (NO) is prepared pursuant to the
California Environmental Quality Act (CEQA) for General Plan "Amendment 03-003 ("project-) in
accordance with CEQA, Public Resources Code Sections 21000 et seq., and the CEQA Guidelines. This
. NO is a public document,to be used by the Cit to determine whethe~ the Project may hav~ a significant
effect on the environment. The Program Environmental Impact Report prepared for the 2001 Arroyo
Grande General Plan Update was used as a resource for this NO, The program EIR contains supporting
environmental studies, as well as extensive goals, policies, and implementation programs designed to
identify and ad~re~s the environmental. impacts of development within the City.
The project is a General Plan Amendment to amend the Agricultural, Conservation and Open Space
, Element for Implementation Policies related to the development of Agricultural Conservation Easement
and Agricultural Enterprise Programs and revision of Objective Ag1 and p,olicies f\91-~, Ag~-5.a_nd Ag3..6
for minimizing Conversion of Agricultural Lands and Ag 3-11 allowable densitY forproperties"de'signated
Agriculture for the purposes of providing farm-worker housing.
9, Other Agencies whpse approval is required (and pennits and/or licenses ~eeded): na
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DETERMINATION
On the basis of this Initial evaluation: ,. ' ".~. ~.-t
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I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DEClARATION --',.'j<
will be prepared. _0' .". _:: .
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I find that although the proposed project could have a significant ~ffect on ~e environment, there will not be a significant ~ffect -,
in this case because the mitigation measures described on an attached shef!'~ ha~e been added to the project. A NEGATIvE ,.'.' . '
DEClARATION will be prepared. . , 0_. ,; -- -'
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I find thatthe proposed prolect MAY have'a significant effect on the environm~nt, and an ENVIRONMENTAL IMPACT
REPORTls requIred. ' .: - . " , ' -
I find that the proposal MAY have a signif.icant effect(s) on the environment, but .at least one effect 1) has been adequately , -'-
analyzed In ~m earfier.document pursuant to applica!>le legal standards, and 2) has been.addressed by mitigation measures
based on the earfier analysis as described on attached sheets, if the effe~ I~ a "potentially significant Imp~ct'; or "potentially
significant unless mltiga,ecl", An ENVIRON~ENTAL IMPACT REPORT Is required, but it must analyze only the effects that '
remain to be addressed.
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Signature Date
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ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: .
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The environmental factors checked below would be potentially affected by this project, Involving at least one impact that is a
"POTENTIALLY SIGNIFICANT IMPACT' or "POTENTIALLY IS SIGNIFICANT _UNLESS MITIGATED", as indicated by the checklist on the
following pages.
o Land Use and Planning o Biological Resour~s . o Public Services
o Population and Housing o Energy and Mineral Resources o Utilities and S.ervice Systems
o Geophysical o Hazards o Aesthetics
o Water o Noise o Cultural Resources
o Air Quality o Mandatory Findings of Significance o Recreation
o Transportation/Circulation
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. . A brief explanation Is required for al1 answers except "No Impact" answers that are adequately supported by .the. information
sources a lead agency cites in the parentheses fol1owing 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., ~e 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).
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2. All answers must take account of the whole action involved, including off-~ite 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
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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 les~ than significant level (mitigation measures from Section XVII, "Earfier Analyses",
may be cross referenced.)
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5. Earlier analyses may be used where, pursuant' to . the- tiering, prOgram EIR, or 'other CEOA, process, an effect has be~n
adequately analyzed In an earfier 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 (e.g.,
o g~neral plans, zoning ordinances). A Source List should be attached and other sources used or individuals should be cit~d. in the
discussion. .
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Potentially _
Issues (and Supporting Infonnation Sources): .....;,.." '\ ... Potentially ~ign1fi~an~. ::i~..: -...L.~ .~., ,:_..' _,~ ...."F~
Significant .unless . Than 'No..
.' _ ~mpa~t Mitigated , Significant Impact
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I, LAND USE AND PLANNING, Would the proposal: ,
a) Conflict with general plan designation or zoning? (source
#(s): 1,2,3.4) -'.
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b) Conflict with applicable environmental plans or policies .'
X
adopted by agencies With jurisdiction over the project? . .
(source #(s): 1,6) . .-
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c) Affect agricultural resources or operations (e.g.. impacts to
soils or fannlands, or impacts from incompatible land.
uses)? (source #(s): 11) X
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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 #(s): 1,5.9) X
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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#(s): 9,10) X
c) Displace existing housing, especially affordable housing?
(source #(s): 9,10,11) X
III. GEOPHYSICAL: Would the proposal result in or expose
people to potential Impacts involving:
a) Seismicity: fault rupture? (source #(s): 5.6) X
b) Seismicity: ground shaking or ~quefaction?
(source #(s): 5,6) X -
c) Seismicity: seiche or tsunami? (source #(s): 5.6) X
d) landslides or mudsUdes? (source #(s): 5.6) X
e) Erosion, changes in topography or unstable soils .
conditions from excavation. grading or fill?
(source#(s): 10) X
1) Subsidence of land? (source #(s): 5,6) X
g) Expansive soils? (source #(s): 5,6) X
h) Unique geologic or physicalfeatures? (source #(s): .
5,6,10,11)' X
IV, WATER: Would the proposal result In:
a) Changes in absorption rates, drainag~ patterns, or the rate
and amount of surface runoff? (source #(s): 10) X
b) Exposl!re to people or property to water related hazards
such as flooding? (source #(s): 8) .. . >..'::- X'.;. ,-.
c) Discharge into surface waters or other alteration of surface . .. -
water quality (e.g., temperature, dissolved oxygen or .
turbidity? (source #(s): 9) X
d} Changes in the amount of surface water in any water
body? (source #(s): 9,10) .X
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Potentially
Issues (and Supporting Information ~ources): Potentially Significant Less
-~,.. . ;.- ~ ' Significant UnleSs Than No
. .. , Impact Mitigated:>:,'. Slgnlfica!,(;::~:.. ,Impact'
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e) Changes in currents, or the course'ordirection of water' , ,.....' ~.', .--:. - .... ".-,. ," . ,- .".....:.,;-..-;, !....-.,.~~ :'~...- .~ ."
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movements? (source #(s): 9, 10) ....". " > X:'.. ;" :
f) Change in the' quantity of ground waters, either through , . .. . "X
direct additions or withdrawals, or through Interception of
an aquifer by cuts or excavations? . ., -
(source #(s): 9, 10) ..
g} Altered direction or rate of flow of groundwater? (source " X'.
#(s): ~,1.~) -. . '.
h) Impacts to groundwater quality? (source #(s): 9,10) X".
I) Substantial reduction in the amount of water otherwise
.. . available for public water supplies?
. . (source #(s): 6) . . X
V, AIR QUALITY: Would the proposal: ...
a} Violate any air qu'ality standard or'contribute to an existing
or projected air quality violation?
(source #(s): 7, 13) X
b} Expose sensitive receptors to pollutants?
(source#(s): 10,11} X
c) Alter air movement, moisture, or temperature, or cause any
change in dlmate? (source #(s): 9) . X
d) Create objectionable odors? (source #(s): 9!10) X
VI. TRANSPORTATION/CIRCULATION.. Would the proposal
result in:
a} Increased vehide t~ps or traffic congestion? (source #(s): X
13)
b) Hazards to safety from design features (e.g., sharp curves
or dangerous intersections) or incompatible uses (e.g.,
fann equipment)? (source #(s): 9, 10) X.
c) Inadequate emergency access or access to nearby sites?
(source #(s): 9, 10) X
d) Insufficient parking capacity on-site or off-site? (source
#(s): 3,9, 10) X
e) Hazards' or barriers for pedestrians or bicydists? (source
#(s): 9, 10) X
f) Conflicts with adopted policies support!.ng alternative
transportation (e.g., bus turnouts, bicyde racks)? (source X
#(s): 9,10)
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 #(s): 6) X
b) Locally designated species (e.g., heritage trees)? ,
(source #(s}:10, 11) X
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c) Locally designated natural communities (e.g., oak forest, - -- "". - . ~.'_.
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coa~tal habitat)? (source#(s): 10,11} --..- .. .-
d) Wetland habitat (e.g.; marsh, riparian and vernal poo~? -.... X'...., .
(source #(s): 11)
e} Wildlife dispersal or migration corridors?
(source #(s): 11) X,;,
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VIII. ENERGY AND MINERAL RESOURCES, Would the
proposal: .,
a) Conflict with adopted energy conservation plans? ..'. .. , ~ -'.. ~ ~-
(source #(s): 1, 6) '- .--- . ':. -,-,.' X-;
b) Use non-renewable resources in a wasteful and inefficient . ,
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manner? (source#(s): 9,10) .- .-. ,X
IX. HAZARDS. Would the proposal involve: . .
a)A risk of accidental explosion or release of hazardolis '.
substances (including. but not 6mited to: oil, pesticides. '.
chemicals or radiation? (source ~s): 9) 'X
b) Possible interference with an emergency response plan or
emergency evaaJation plan? (source ~s): 9, 10)
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c) The aeation of any health hazard or potential health
hazard? (source#(s): 9.10) . X
d) Exposure of people to existing sources of potential health
. hazards? (Source #(s): 9.10,11) X
e) lnaeased fire hazard in areas with flammable brush,
grass, or trees? (source#(s): 10.11) X
X. NOISE. Woufd the proposal resu/t in: -
a) lna'eases in existing noise levels? (source ~s): 1,9) X
b) Exposure of people to severe noise levels?
(source #(s): 9, 10) X
XI. PUBUC SERVICES. Would the proposal have an effect
LpotJ, or result in a need for new or altered go'l'emment
servfces in any of the fol1cw.fng areas:
a) Fife Protection? (source #(s): 6) X
b) Po&:e Protection? (source ::(s): 6) X
c) Sd-.ools? (source #(s): 6) X
d) MaIntenance of publ:'C facit1ies. including roads? -
(source #(s): 6) X
e) OUter governmental services? (sowce #(s): 6) X
XII. U TlLmES AND SERVICE SYSTEMS. Would the prr:iposaJ
leS!.."t in a need for new systems. or substanlia1 alterations. to
the following utilities:
a) PO',',-er or natural gas? (source #(s): 9, 10) X
b) Communications systems? (source #(s): 9. 10) X
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c) local or regional water treatment or d"1Stribution facilities?
(source #(s}:6) - X
d) Stonn water drainage? (source #{s}: 6) X
e) Solid waste ClSposal? (source #(s): 6) X
XIII. AESTHETICS. . Would the proposal:
a) Affect a scenic vista or scenic highway?
(source#{s): 1,10,11) X
b) Have a demonstrable negative aesthetic effect? .
(source #(s): 9. 10, 11) X
c) Create light or glare? (source ~s): 9.10) X
XIV, CULTURAL RESOURCES. Would the proposal: . ~ - , ,. ." ".
a) Disturb paleontological resources? (source #(s): 6, 11) -x
b) . Disturb archaeological resources (source #!(s): 6,11) .~ ~ .:;~.~ ::<.:t.~ 'VL': '''.r~';'!~'~::::"f'-~~: ~.'='-"~-'.X"-.; :'!>~:'.: i'-./:..-: -,_:";" {:_
c) Affect historical resources? (source 'I1(s): 6, 11) ..". ... , .-." - X
d) Have the potential to cause a physical change which would. . -' ;
affect unique ethnic cultural values? (source #(s): 11) .. ~ . J
X
e) Restrict existi!'lg religious or sacred uses within the . -. .."
potential Impact area? {source #(s): 10, 11) . . . . . . X
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XV, RECREATION. Would the proposal: ..
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a) Inaease the demand for neighborhood or regional parks or
. other reaeational facilities? (source #(s): 1,3) . - - -... "O-
X
b) Affect existing reaeational opportunities?
(source #(s): 1, 5) X
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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 tJie major periods of
Califomla history or prehistory? . _' .
X
b) Does the project have the potential to achieve short-term,
to the disadv~ntage of long-term, environmental goals? X
c) Does the project have Impacts that are individually limited,
. but cumulatively considerable? f'Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects.)
X
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d) Does the project have environmental effects which 'will
cause substantial adverse effects on human beings, either
directly or Indirectly? X
XVII. EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA 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 us~d. Identify earlier analyses and state where they are available for review.'
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed by earlier documents.
c) Mitigation Measures. For effects that are "potentially significant" or "potentially significant unless mitigated", describe
the mitigation measures which were Incorporated or refined from the earlier document and the extent to which they
address site-specific conditions for the project. -
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Authotity: Pubroc Resoun:es Code Sections 21083 and 21087: - .
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Reference: Public Resoutces Code Sections 21080(c). 21080.1. 21080.3. 21082.1,21083, 21083.3, 21093, 21094, 21151: SIQIsItolJ\.Y. County of Mendocino. 202 tal /.fJp. 3d 296 (1988): LeonoIf...
Monterey Board of Supervisors, 222 Cal App. 3d 1337 (1990).
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SOURCE LIST: . -
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1. City of Arroyo Grande General Plan(October2001)- '.
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2. City of Arroyo Grande General Plan Land Use Map (October 2001) _ :,' - ...... -. ."
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3. City of A:royo Grande Develo~ment Code ."
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4. City of Arroyo Grande Zoning Map t' . -- '. '.
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5. City of Arroyo Grande Existing Setting and Community Issues Repprt - , _
6. City of Arroyo Grande General Plan Program EIR (October 2001)
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7. Air Pollution Control District Clean' Air Plan
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8.- FEMA ':' Flood Insu~nce Rate Map
9. Project Description
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10. Project Plans
11. Site Inspection ..
12. Ordinance 521 C. S.
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13. Institute of Traffic Engineers (lTE) Trip Generation Manual
14. Coordinated Agricultural Support Program (CASP). Perspective Planning updated 1997.
15. Report on the Conservation of Prime Agricultural Resources in tl)e City of Arroyo Grande. 2003.
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ENVIRONMENTAL SETTING:
The Project relates to approximately 355 acres of land designated Agriculture on the City's General Plan Land
Use Map~ The City is 5.45 square miles in size and is bounded by the Cities of Grover Beach and Pismo Beach
to the southwest and west, and by the unincorporated county to the north. east and south. Agricultural uses
dominate the Arroyo Grande Valley that extends through the City and to the northeast and south of the City. The
majority of the Agricultural acreage in the City contains Class I and II soils and is considered by the City to be
prime farmland. -
EXPLANATIONS:
I. LAND USE AND PLANNING .
Land uses within the City are governed by the General Plan. which designates appropriate land uses
throughout the City and defines specific goals. policies and objectives for each category., Title 16 of the
Municipal Code contains specific regulations for associated zoning districts:The General Plan includes the
land use designation of AgriciJlture' and zoning. designations 'include' bOth Agricultore and Agriculture
Preserve Districts for those' properties under the Williamson' ACt. designation.-. For example the GeQeral
Plan Agricultural. Conservation and Open Space Element contains six primary objectives for Agricultural
lands relating to the preservation Prime farmland. the conse'rvation :of non-p'iime farmland, policies to
avoid fragmentation of Agricultur~f. lands al'!d protect resourCes for agricultural use, maintaining or.
expanding current acreage of agricultural uses. supporting the economic-viability of agriculture. promoting
the coexistence' of ~griculture and urban lan<;f, uses 'and requiring m!nimu~ development st~ndards fo~
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lands designated Agriculture. :
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. The Project includes revisions to policies and implementation programs to further the. ~tated objectives in
the AgriculturalJ Conservation and Open Space Element. The Project. identifies the Agricultural
Conservation E,asement as a tool to achieve conservation of Agricultu~al resourCes within the City through'
voluntary easements as well as a mechanism to. mitigate impacts of. potential conversions of Agricultural,
lands. . .' "
The Project:also provides for consistency within the stated policy objecti~es by revising .Agricult~ral
Objective 1 to exclude the phrase II minimize" which potentially ,conflicts with. other stated policies'
within the Plan, Additionally, the project allows for the inclusion of farm-worker. housing on non-
prime Agricultural properties consistent with Objective J5 in the General Plan Housing Element. All
development proposals requiring environmental review will be required to identify mitigation m~asures
consistent with all Elements in tl:le General Plan to mitigate impacts on land use and planning to les
than significant or no impact levels, .
.' Analysis of Significance: less than significant impact
II, POPULATION & HOUSING"
The Project provides for limited housing specifically for farm-workers on non-prime Agriculturally
designated parcels but is not expected to increase the projected population in the City beyond that
identified in the General Plan. The Housing Element provides policies and programs to accommodate
additional housing.
Analysis of Significance: less than significant impact
III, GEOPHYSICAL
The Project could result 'in limited housing development on 'Agricultural parcels which would evaluated
based on location and assessment of, specific soils. and geologic studies prior, to development. The"
Agricultural parcels are not located in the ~reas identified ,as having the highest landslide and erosion
exposure identified in the Program EIR for the General Plan.
Analysis of Significance: Less than significant impact
IV, WATER RESOURCESIDRAINAGE
Critical water resource issues are analyzed in the Program EIR for the General Plan and a Statement of
Overriding Considerations adopted. The project is not anticipated to increase. agricultural production and
associated water use to the extent beyond that allowed within anticipated build-out of the General Plan.
Analysis of Significance: Le~s.than significant impact
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V, AIR QUALITY
Impacts to air quality were identified as significant and unavoidable in the 1990 and 2001 General
Plans which included programs-to increase agricultural production, and required adoption of Overriding
Considerations. Projects that involve construction of housing units will be subject to project-specific
environmental review.
Analysis of Significance: Less than significant impact
VI, TRANSPROTA TION/CIRCULATION
A statement of overriding considerations was adopted for the 2001 General Plan because of many
regional circulation issues. The project does not specifically identify density or housing sites for potential
farm-worker housing development, however, existing non-prime Agricultural.'parcels are not located in
areas of having circulation defici~ncies identified in the General Plan. Fal1T1-worker housing may reduce
traffic and commute times as. .housing IS: iocated' in closer"proximity', to' job~. The Project, .by
implementation of Agricultural Conservation" Easements,is' 'not expected to incr~ase agricultural
production, and therefore potential traffic obstrl.;/ction due to farm equipm'ent usage beyond the extent
anticipated in the 2001 General Plan.
Analysis of Signi{ican~e: Less than significant irl)pact .
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MINUTES A TT ACHMENT 4
PLANNING COMMISSION
MARCH 2, 2004
Chair Guthrie asked for if the elevator height had changed from the original R
Mr. Strong stated they are required to conform to the building height.
The Commission stated they would prefer to see more diverse ar:
that the project come back to the Commission as a Public Hea .
Commissioner Brown made a motion, seconded by missioner Arnold, to require that
Architectural Review Case No. 04-003 be returned Public Hearing with new drawings to
reflect what was being proposed. The motion s unanimously approved on a 5/0 voice
vote.
Commissioner Arnold said he would o like to see the original drawings, as he was not at
the Public Hearings when this wa eviouslyapproved.
The Commission had conc s regarding the Tattoo Parlor, Plot Plan Review (PPR) 04-
002, and requested a P c Hearing for this item also.
Commission Arnol ade a motion, seconded by Chair Guthrie, that Case No. PPR 04-002,
be heard as a P ic Hearing. The motion was unanimously approved on a 5/0 voice vote.
Commissi r Guthrie asked if the center sidewalk through the project, for the retail store
building st of Santa Lucia Bank, was still handicap accessible? Mr. Strong said he would
revie e recently revised plans approved by ARC, and report. back to the Commission.
e Commission had no further concerns.
III, PUBLIC HEARINGS:
A, AG 1 GENERAL PLAN AMENDMENT 03-003 AND AG ENTERPRISE AND
CONSERVATION PROGRAMS; APPLICANT - CITY OF ARROYO GRANDE;
LOCATION - CITYWIDE (Continued from the Meeting of February 3,2004), Staff
report prepared and presented by Associate Planner, Teresa McClish and Assistant
Planner, Jim Bergman.
Ms. McClish gave an overview and update on the proposed General Plan amendments,
explaining that the General Plan Amendment proposal consists of four general items:
1. Revision of General Plan Objective Policy AG 1.
2. The revision/addition of policies and implementation measures for the Agricultural
Support and Enterprise Program.
3. The revision of General Plan Policy Ag3-11 relating to farmworker housing.
4. The revision/addition of policies and implementation measures for Agricultural
Conservation Easement Program (ACEP).
Ms. McClish then explained the first three proposals in more detail.
Mr. Bergman gave a brief overview of the Agricultural Support and Enterprise Program.
Staff replied to Commission comments and questions.
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MINUTES PAGE 3
PLANNING COMMISSION
MARCH 2, 2004
Chair Guthrie opened the Hearing for public comment.
Sandy Sanderson, Arroyo Grande, stated his comment may not specifically apply to this
item; he was new to the area and complimented the City Council and Planning Commission
on the way they were handling the City. His concern was with the way City Council was
handling the mitigation/restoration of oak trees; he would like to see a restoration program
extend to a 'generation' for oak trees.
Steve Ross, Garden Street, stated concern that since the redesignation of the Japanese
Welfare Association to Ag land, would the use by the Boy Scouts be allowed to continue?
Mr. Strong replied that the redesignation does not preclude existing non-conforming use.
Chair Guthrie closed the Hearing to public comment.
Commission Comments:
Brown:
. The word "minimize" should be stricken from AG1, it does not significantly change
the General Plan.
. He had concern about putting a lot of energy into small enterprise programs as the
City Council seems to be focusing on the easement program; he would like to see
items prioritized with easement issues first.
. Re farmworker housing: he was not sure if the CUP process would be sufficient.
Fowler:
. No problem with leaving the word "minimize".
. Why not look at the Ag Support and try the programs.
. Re farmworker housing: the CUP process should be sufficient.
Arnold:
. He thought Buy local, Buy fresh Program an excellent idea.
. The City should look at getting larger players for financial support for some of
the proposed programs.
. He supported staff on deleting the word "minimize".
. Re farmworker housing: he agreed with Commissioner Keen that there should
be some option on prime agricultural land when appropriate; he was opposed to
a major centralized worker-housing program on non-prime agricultural lands; he
would not like to see all low income farmworker housing in one place.
Keen:
. He would like to see the Agricultural Support and Enterprise Program (ASEP)
(Exhibit 'A') taken out of the Resolution to allow more time for consideration of
some of the programs.
. He was not sure if the community would want to support all of the programs.
Guthrie:
. He supported Commissioner Keen on the deferral of the AESP.
. He would like to see an additional program in place on ag easements and would
support separating it out; he suggested establishing an easement valuation
MINUTES PAGE 4
PLANNING COMMISSION
MARCH 2, 2004
program, establish an actual fund and have a process that would serve as an
initial contact; have an education program.
. Re farmworker housing: he recommended dual policies presented to Council:
1. Allow any parcel for farmworker housing on any parcel over 20 acres or
more for accessory farmworker housing.
2. A housing project (50 or maybe 100 units) supportable through the CUP
process on either prime or non-prime parcels.
Chair Guthrie made a motion, seconded by Commissioner Arnold, recommending City
Council approve General Plan Amendment 03-003 amending the Agricultural Conservation
and Open Space Element to revise General Plan objective Ag1, General Plan Policies &
Implementation Measures relating to agricultural conservation easements including Ag1-3,
Ag1-3.1, Ag3-5, Ag3-5.1, Ag3-6, Ag3-6.1 and General Plan Policy Ag3-11 relating to farm
worker housing as modified, striking amendments to Ag4-1.2 through Ag4-4.4 and Exhibit
"A" relating to Agricultural Support and Enterprise Programs, and modifying Ag3-11 relating
to the allowance of farmworker housing in Agricultural Districts:
. Supporting accessory farmworker units on any agricultural land of 20-acres or more;
by CUP, and
. Other farmworker housing on non-prime Ag land parcels of smaller size through the
CUP process.
and adopt:
RESOLUTION 04-1916
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE RECOMMENDING THAT THE CITY
COUNCIL APPROVE GENERAL PLAN AMENDMENT 03-003
AMENDING THE AGRICULTURAL CONSERVATION AND OPEN
SPACE ELEMENT TO REVISE GENERAL PLAN OBJECTIVE AG1,
GENERAL PLAN POLICIES & IMPLEMENTATION MEASURES
RELATING TO AGRICULTURAL CONSERVATION EASEMENT
PROGRAMS, INCLUDING AG1-3, AG1-3,1, AG3-5, AG3-5,1, AG3-6,
AG3-6,1 AND GENERAL PLAN POLICY AG3-11 RELATING TO
FARM WORKER HOUSING,
The motion was approved on the following roll call vote:
AYES: Chair Guthrie, Commissioners Arnold, Brown and Keen
NOES: Commissioner Fowler
ABSENT: None
The Commission also agreed to initiate amendments to Section 16.60.050 of the Municipal
Code to be brought forward by staff at a later date.
the foregoing Resolution was adopted this 2nd day of March 2004.
The Commission took a 10-minute break.
10.a.
MEMORANDUM
TO: REDEVELOPMENT AGENCY BOARD OF DIRECTORS
FROM: STEVEN ADAMS, c~ MANAGER/REDEVELOPMENT AGENCY
EXECUTIVE DIRECTOR . *'
SUBJECT: CONSIDERATION OF FIRST IMPLEMENTATION AGREEMENT WITH
COURTLAND-ARROYO GRANDE, L.P,
DATE: MARCH 23, 2004
RECOMMENDATION:
It is recommended the Redevelopment Agency Board of Directors adopt the attached
resolution, approving the proposed First Implementation Agreement with Courtland-
Arroyo Grande, L.P., implementing and amending the Amended and Restated
Affordable Housing Agreement.
FUNDING:
The Disposition and Development Agreement (DDA) previously approved by the
Redevelopment Agency sets forth financial assistance in the form of a loan in the
amount of $800,000. This amount was proposed to be funded approximately $360,000
from the Affordable Housing "In Lieu" Fee Fund, $40,000 from the Redevelopment
Affordable Housing "Set Aside" Fund, and deferred payment in the amount of $400,000
from development impact fees. This Agreement will reduce the total amount of financial
assistance to $682,836. Therefore, the amount of deferred fees will be reduced by
$117,164 to $282,836.
The Agency has also entered into two reimbursement agreements, which require the
developer to pay all costs for consultant services associated with review and
preparation of necessary documentation. Therefore, the City and Agency are incurring
no direct costs associated with the work involved in preparing and processing these
items.
DISCUSSION:
The Redevelopment Agency Board of Directors initially approved a DDA with Courtland-
Arroyo Grande, L.P. for a proposed 108-unit affordable senior housing project at 1524
and 1542 East Grand Avenue at the March 20, 2002 meeting, which was extended by
the Agency on September 30, 2003. The DDA was established in conjunction with an
application by the developer for 9% tax credits from the Tax Credit Allocation
Committee (TCAC). At the' December 9, 2003 meeting, the Redevelopment Agency
CITY COUNCIL
CONSIDERATION OF FIRST IMPLEMENTATION AGREEMENT WITH COURTLAND-
ARROYO GRANDE, L.P,
MARCH 23, 2004
PAGE 2
Board of Directors approved the Amended and Restated Affordable Housing Agreement
in conjunction with an application for 4% tax credits.
The City's Housing Element Update was approved by the City Council on November 25,
2003. Policy B.3-1 of the Housing Element states that "the City shall modify its
development impact fee schedule to charge no impact fees, excluding water and sewer
fees, for very low-income housing units, and 75 percent lower fees for low-income
housing units." When this policy is implemented, it is estimated that the City's
development impact fees for the Courtland-Grand senior affordable housing project will
be reduced by $234,328. As a result, staff and the Agency's consultant have negotiated
an amendment to the DDA to reduce the amount of financial assistance provided to the
project contingent upon the proposed reduction in fees. It was agreed to reduce the
amount of financial assistance by 50% of the savings amount. The attached First
Implementation Agreement will implement this change. Staff plans to present the fee
modification to City Council for consideration at the April 13, 2004 meeting.
The tax credits were approved and accepted by the developer in December 2003. The
developer is now marketing the tax credits and processing documentation for issuance
of tax-exempt bonds, which are provided as part of the 4% tax credit program. The
deadline for issuance of the bonds is April 5, 2004. The Agency's redevelopment
consultant and special legal counsel are reviewing the documentation to ensure the
City/Agency's rights are protected and consistency with the terms of the DDA.
The developer is also continuing to resolve issues involved in financing of the project. A
significant setback was experienced when the project appraisal was lower than
originally expected, which has impacted initial equity available to the project. In order to
assist in addressing this problem, staff is recommending the timing of the availability of
a portion of the funding assistance be modified. According to the original DDA,
$400,000 would be provided as a credit toward City fees at the time the fees are paid;
$200,000 would be disbursed to the developer upon completion of construction and
$200,000 would be disbursed to the Developer at "stabilized occupancy." The attached
First Implementation Agreement would provide $557,981 as a credit toward City fees
when the fees are required to be paid, and the remainder would be provided at the time
the certificate of occupancy is issued.
The $557,981 is the total amount of City fees. Therefore, instead of disbursing the
$400,000 in assistance from the Affordable Housing In Lieu Fee and Redevelopment
Affordable Housing Set Aside Funds to the developer, it will be transferred to the City's
fee accounts. By doing this, it assists the developer, but also does not increase the
amount of RDA financial assistance and limits the City's risk because the funding would
remain with the City if construction does not proceed for some reason. Once
construction is completed, the risk of problems is much less due to the substantial
investment from tax credit investors, which would be lost if the affordability provisions
were modified.
S:\CITY MANAGER\STEVE\Council Reports\3.23.04 Courtland-Grand Senior Housing Project.doc
'_'O__'_.'_"_"'_'~_"'__.'_,""'_"'",~"_'''_''''__~_''';__'_"."__
CITY COUNCIL
CONSIDERATION OF FIRST IMPLEMENTATION AGREEMENT WITH COURTLAND-
ARROYO GRANDE, L.P,
MARCH 23, 2004
PAGE 3
The developer has also submitted design revisions to the fac;ade of the project, which
staff feels enhance the project and better integrates it with the Santa Lucia Bank design.
The changes were reviewed and approved by the ARC. The Planning Commission
appealed the decision, but did not overturn it after a 2-2 vote. No modifications to the
site plan were proposed. Therefore, City Council consideration is not required. A copy
of the revised elevation is attached for your information.
AL TERNA TIVES:
The following alternatives are provided for the Redevelopment Agency Board of
Directors' consideration:
- Adopt resolution approving the First Implementation Agreement with Courtland-
Arroyo Grande, L.P., implementing and amending the Amended and Restated
Affordable Housing Agreement;
- Modify the proposed Agreement to reduce the financial assistance, but do not
change the timing of the financial assistance provided from the loan, and adopt
the resolution;
- Make other modifications and adopt the resolution;
- Do not adopt the resolution;
- Provide direction to staff.
Attachments:
1. First Implementation Agreement with Courtland-Arroyo Grande, L.P.
2. Courtland Senior Housing Elevation
S:\CITY MANAGER\STEVE\Council Reports\3.23.04 Courtland-Grand Senior Housing Project.doc
RESOLUTION NO, RDA 04-_
A. RESOLUTION OF THE ARROYO GRANDE REDEVELOPMENT
AGENCY APPROVING A FIRST IMPLEMENTATION AGREEMENT
BETWEEN THE AGENCY AND COURTLAND - ARROYO GRANDE
PARTNERS, L.P,
WHEREAS, the Agency and Courtland-Arroyo Grande, L.P., a California limited partnership
(the "Developer") entered into that certain Disposition and Development/Affordable Housing
Agreement dated as of March 20, 2002 (the "Prior Agreement"); and
WHEREAS, the Agency and the Developer subsequently entered into an Amended and
Restated Affordable Housing Agreement dated as of December 9, 2003 (the "2003
Agreement"), which amended the Prior Agreement; and
WHEREAS, the Developer and the Agency now desire to amend certain specified terms in
the 2003 Agreement, as set forth in a draft First Implementation Agreement in the form
submitted herewith (the "First Implementation Agreement");
NOW, THEREFORE, BE IT RESOLVED by the Arroyo Grande Redevelopment Agency as
follows:
1. The First Implementation Agreement, in the form submitted herewith, is hereby
approved.
2. The Executive Director of the Agency is authorized and directed to make final,
technical modifications to the First Implementation Agreement consistent with the
material provisions of the Agreement approved hereby, and to finalize the document
for signature by the Agency Chairman, and the Chairman is thereafter authorized
and directed to sign the First Implementation Agreement on behalf of the Agency.
3. The Executive Director of the Agency is authorized and directed to take such other
and further actions and execute such other and further documents as may be
necessary to implement and effect the 2003 Agreement, the First Implementation
Agreement and this Resolution on behalf of the Agency.
On motion of Board Member. , seconded by Board Member , and on the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this _day of March, 2004.
RESOLUTION NO, RDA 04-_
PAGE 2
TONY M, FERRARA, CHAIR
ARROYO GRANDE REDEVELOPMENT AGENCY
ATTEST:
KELLY WETMORE, AGENCY SECRETARY
ARROYO GRANDE REDEVELOPMENT AGENCY
APPROVED AS TO CONTENT:
STEVEN. ADAMS, EXECUTIVE DIRECTOR
ARROYO GRANDE REDEVELOPMENT AGENCY
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, GENERAL COUNSEL
ARROYO GRANDE REDEVELOPMENT AGENCY
--- - --~---
ATTACHMENT 1
FIRST IMPLEMENTATION AGREEMENT
by and between
ARROYO GRANDE REDEVELOPMENT AGENCY
and
COURTLAND-ARROYO GRANDE, L.P., a California limited partnership
(IMPLEMENTING AND AMENDING THE AMENDED AND RESTATED AFFORDABLE
HOUSING AGREEMENT)
FIRST IMPLEMENTATION AGREEMENT
TIDS FIRST IMPLEMENTATION AGREEMENT (the "First Implementation
Agreement"), dated, for identification purposes only, as of March 15, 2004, is entered into by and
between the ARROYO GRANDE REDEVELOPMENT AGENCY, a public body, corporate and
politic ("Agency"), and COURTLAND-ARROYO GRANDE, L.P., a California limited
partnership (the "Developer").
R~CIIAL~
A. Agency is a California redevelopment agency acting under the California Community
Redevelopment Law, Part 1 of Division 24 of the Health and Safety Code (the "Redevelopment
Law").
B. The Redevelopment Plan for the Arroyo Grande Redevelopment Project, (sometimes
referred to as the "Project") was adopted by Ordinance No. 479 C.S. by the City Council of the City
of Arroyo Grande (the "Redevelopment Plan"). The redevelopment project area for the
Redevelopment Plan as so amended constitutes the "Project Area."
C. The Agency is authorized and empowered under the Community Redevelopment
Law, California Health and Safety Code Sections 33000, et seq. (the "Community Redevelopment
Law"), to enter into agreements for the production, improvement, or preservation of affordable
housing to households oflimited income, with such housing to be available at Affordable Rent.
D. The Developer is experienced in the development and operation of affordable multi-
family housing, particularly in San Luis Obispo County.
E. The Agency and the Developer entered into that certain Disposition and
Development! Affordable Housing Agreement dated as of March 20, 2002 (the "Original
Agreement"), which was amended by that Amended and Restated Affordable Housing Agreement
dated as of December 9,2003 (the "2003 Agreement").
F. The Developer and the Agency desire to amend certain terms in the 2003 Agreement
as set forth in this Agreement. Except as modified by the express provisions of this First
Implementation Agreement, the 2003 Agreement shall remain in full force and effect.
G. This First Implementation Agreement is in the vital and best interest of the City of
Arroyo Grande, California, and the health, safety and welfare of its residents.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and
conditions herein contained, the parties hereto agree as follows:
2
1. Capitalized terms shall have the meanings established under the 2003 Amendment.
2. The City is considering the adoption of a reduction in the City's impact fees (the
"Proposed Reduction"). As applied to the development provided for by the 2003 Amendment, if the
Proposed Reduction is passed, the effect would be to reduce the City impact fees owing from the
Developer by Two Hundred Thirty-Four Thousand Three Hundred Twenty-Eight Do1.lars ($234,328)
from that amount which was determined as of the date of approval of the 2003 Agreement. The
Agency and the Developer agree that, if the City adopts the Proposed Reduction, it is appropriate to
reduce the amount of the Agency Disbursement Amount. In the event of the Proposed Reduction is
approved, the Agency Disbursement Amount" shall be deemed to be amended to the following:
"Agency Disbursement Amount" means an amount equal to the lesser of (i) those Agency
funds disbursed in conformity with Section 4.16.1 of this Agreement or (ii) the lesser of (a) Six
Thousand Three Hundred Eighty-One Dollars and Sixty Four Cents ($6,381.64) for each of the
Required Affordable Units, or (b) Six Hundred Eighty-Two Thousand Eight Hundred Thirty-Six
Dollars ($682,836.00).
3. In the event the Proposed Reduction is approved, Section 4.16.1 of the 2003
Agreement shall be amended to the following:
"4.16,1 Provided that the Conditions Precedent to Disbursement have first been
satisfied, the Agency shall make available to or for the benefit of the Developer the Agency
Disbursement Amount in installments as follows: (i) Five Hundred Fifty Seven Thousand Nine
Hundred Eighty One Dollars ($567,981.00) of the Agency Disbursement Amount shall be disbursed
to City toward the City's fees at the time the City customarily collects the City's Parks and
Recreation Fee; and (ii) the balance of the Agency Disbursement Amount (namely, $124,855) shall
be disbursed to Developer upon sign-off by the City's building official for the last structure to be
built as part of the Improvements
4. The definition of "Developer's Fee" as set forth at page 4 of the 2003 Agreement is
hereby amended to read: "Developer's Fee" means One Million Two Hundred Thousand Dollars
($1,200,000) for the purposes of calculating the division of residual receipts under the Agency Note.
For all other purposes, the Developer's Fee shall be deemed to be that amount determined in
accordance with customary TCAC practices.
5. This First Implementation Agreement shall be interpreted to effectuate the terms of
the original Agreement, in accordance with the laws of the State of California, and as if prepared and
reviewed equally by both parties.
6. The 2003 Agreement as modified by this First Implementation Agreement
collectively constitutes the "Amended Agreement." Except as expressly modified by the provisions
set forth herein, all provisions of the 2003 Agreement shall remain in full force and effect and shall
be unmodified by the provisions hereof.
3
-"-"-'-'-"";.'~ ,--,."..,.,......-~""_.--.....-
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the dates hereinafter respectively set forth.
DEVELOPER:
COURTLAND';ARROYO GRANDE, L,P,
(a California limited partnership)
By: Foundation for Affordable Housing, Inc.
a California Corporation
(Its:. General Partner) -
By:
Thomas E. Willard
Its: President
By: MFP A, Inc.
a California Corporation
(Its: General Partner)
By:
Sean Clark
Its: Vice-President
AGENCY:
ARROYO GRANDE REDEVELOPMENT
AGENCY, a public body, corporate and politic
By:
Steven Adams, Executive Director
ATTEST:
Kelly Wetmore
Director of Administrative Services! Agency Secretary
4
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CITY COUNCIL
PRE-APPLICATION 04-004
MARCH 23, 2004
PAGE 2
DISCUSSION
Backaround
The project site is generally bounded by East Cherry Avenue and Myrtle Street within a
"Neighborhood Plan" designated area. Surrounding the site is Arroyo Grande Creek to
the north and east, agricultural land to the south, and single-family residential
development to the west. Existing on the project site are several residences, including
the historic Vanderveer residence, and accessory structures.
The applicant held three (3) informal neighborhood meetings during the fall to gain
feedback on various alternative designs for developing the project site and
conceptualizing the Neighborhood Plan. Discussions centered on opportunities and
constraints of the property, specifically addressing site layout and issues related to
circulation, density, and drainage. Alternatives were discussed and narrowed down to a
preferred conceptual plan, which was further refined and finally submitted for pre-
application review. A fourth neighborhood meeting is scheduled for Thursday, April 8th
at 6:00 PM in the City Council Chambers.
Proiect Description
The project area encompasses approximately twenty-three (23) acres and is designated
as Singe-Family Residential- Medium Density (SFR-MD). According to the 2001 General
Plan (LU2-7), this area "is subject to a requirement for a Neighborhood Plan to coordinate
street, drainage, water, sewer, agricultural buffer, Creekside trail and conservation/open
space considerations prior to approval of any subdivision or parcel map" (emphasis
added). Since the City has not adopted Development Code standards or submittal
requirements for a Neighborhood Plan, staff intends to use the Specific Plan submittal
criteria as a template for reviewing the formal proposal.
The applicant is proposing a residential subdivision for approximately nine (9) of the
twenty-three (23) acres, and as indicated above, must concurrently process and gain
approval of a Neighborhood Plan. Specifically, the applicant is seeking to subdivide the
nine (9) acre site into forty (40) single-family residential lots ranging in size from roughly
4,000 to 12,000 square feet, and arranged in a concentric pattern around a central green
space. Included in the design are common landscaped areas, a 100' landscape
agricultural buffer with a pedestrianlbike trail, and possible pedestrian linkage to the
adjacent school property via a bridge over Arroyo Grande Creek (the bridge would be
located on City property).
Compliance with Development Code standards, such as lot size, setbacks and
architectural style, will be determined through the Planned Unit Development (PUD)
process. Density will be verified during the formal process as well, although the current
proposal is within the 4.5 dwelling units per acre (du/a) allowed in the Medium Density
(MD) land use category. In an effort to establish an architectural theme without restricting
the project to specific plan types, the applicant intends to utilize the Design Guidelines for
Historic Districts (the project site is outside of the Historic District overlay boundary and
therefore is not subject to these guidelines). The objective is to present enough flexibility in
design to enable unique development opportunities, yet provide sufficient design criteria to
create the desired neighborhood "feel" consistent with the Village Area.
CITY COUNCIL
PRE-APPLICATION 04-004
MARCH 23, 2004
PAGE 3
The project is also subject to the City's affordable housing requirements outlined in
Ordinance 514 C.S. and the 2003 Housing Element. During Planning Commission
discussion, two interpretations surfaced regarding how the inclusionary requirement
may be determined, which has yet to be resolved. From a literal interpretation surfaced
regarding Ordinance 514 C.S., the project would be subject to a twenty-five percent
(25%) inclusionary requirement, or ten (10) units, because a Development Code
Amendment is required to bring the subject property into compliance with the 2001
General Plan. A second interpretation looks at the intent behind the inclusionary
requirement. Because the Development Code Amendment does not entail a density
increase, and because the City is ultimately responsible for updating the Development
Code to bring it into conformance with the General Plan, the project may instead be
subject to a ten (10%) requirement, or four (4) units.
Staff Advisorv Committee (SAC)
The SAC reviewed the proposed project on February 18, 2004 (see Attachment 1 for draft
meeting notes). Issues discussed included drainage, open space, circulation, agriculture
buffer, pedestrian bridge, density, utilities (including sewer and water main extensions),
flood study, fire access, creation of an assessment district for all common areas, and
landscaping. Public Works submitted an additional Memo to the Planning Commission
dated March 16,2004 clarifying issues and concerns that would need to be addressed in
the formal application (see Attachment 2).
Architectural Review Committee (ARC)
The ARC considered the project on March 1, 2004 and offered the following comments to
the applicant (reference Attachment 3 for meeting notes):
. Overall response was positive regarding lot layout and variety of house plan
types (ARC favors extending the design criteria of the Village to this area).
. Open space areas are important and should be encouraged.
. Concerns regarding traffic, drainage, parking, fencing, fate of existing Stillwell
house, tree removal and bridge connection to the school.
Plannina Commission
The Planning Commission reviewed the project on March 16, 2004 (see Attachment 4).
Comments focused on the following issues:
. Agricultural Buffer (determination of appropriate distance and method);
. Inclusionary Housing (25% versus 10% inclusionary requirement);
. Location of bike and pedestrian paths;
. Secondary access;
. Extension of Myrtle and/or Cherry Ave;
. Proposed fencing around subdivision (none proposed at this time);
. Traffic impacts;
. Drainage;
. Lot sizes (too small); and
. Pedestrian bridge across Arroyo Grande Creek.
CITY COUNCIL
PRE-APPLICATION 04-004
MARCH 23, 2004
PAGE 4
Several individuals commented on the project, highlighting issues of traffic, lot size tree
protection, and impacts to the adjacent 40-acre Dixson Ranch Agriculture Preserve (see
Attachment 5).
Formal review of the project will include the following applications:
1. Development Code Amendment
2. Neighborhood Plan
3. Planned Unit Development
4. Tentative Tract Map
Attachments:
1. Staff Advisory Committee Draft Meeting Notes of February 18, 2004
2. Memorandum from Victor Devens, Public Works Department to the Planning
Commission dated March 16, 2004
3. Architectural Review Committee Draft Meeting Notes of March 1, 2004
4. Planning Commission Draft Meeting Minutes of March 16, 2004
5. Letter from Jim Dickens to the Planning Commission dated March 16, 2004
6. Project description and plans
S:\COMMUNITY _DEVELOPMENT\PROJECTS\PRE\04-004 E. Cherry Neigh. Plan\CC rpt.doc
NOTES
SAC MEETING DRAFT ATTACHMENT 1
FEBRUARY 18, 2004
B, PRE 04-004; Applicant - Creekside Estates of Arroyo Grande, LLC; Representative -
Damien Mavis; Location - Off Myrtle Street. Project Planner - Kelly Heffernon.
Description: Proposed new 37-lot subdivision and Neighborhood Plan off Myrtle Street.
Rob Strong designated Kelly Heffernon as the Acting Community Development Director for this
project and left the room before discussion ensued due to a potential conflict of interest on his
part.
Issues:
. Project subject to a full Neighborhood Plan for the General Plan.
. Issues concerning drainage, open space and circulation.
. Development subject to a 100' ago buffer.
. Applicant obtaining traffic analysis study.
. Applicant stated that project design is intended to eliminate thru-traffic, a concern of
neighbors.
. Applicant looking for a method to underground drainage and route it to the creek. Needs
to determine how to direct drainage over land if the drains clog. Looking for direction
from the City regarding this.
. Applicants and RRM have held 3 workshops with property owners in Neighborhood Plan
area and adjacent areas. Common issues were: 1) Concerns regarding traffic impact to
Cherry St. and Branch Mill Rd. intersection, desire to make intersection safer; 2) Desire
for pedestrian bridge linking proposed park to school; and 3) Drainage-Some want to
prevent flooding experienced in the past, want back parts of their property given to City
in easements.
. Public Works and Parks, . Facilities & Recreation agree that costs for long-term
maintenance of the proposed pedestrian bridge make it infeasible.
. Guidelines for Neighborhood Plan probably similar to those for Specific Plan. Plan will
designate density and address infrastructure needs and results of Traffic Analysis.
. Neighborhood Plan will be a Planned Development Overlay.
. Probable future connection of area with Lopez Drive as discussed in General Plan.
. No current plans to realign Highway 227.
. Kelly Heffernon requested change of name for Creekside Project to prevent confusion
with another currently proposed project.
Public Works
. Don Spagnolo to comment further on circulation issues.
. Install 8" water main from property frontage at E. Cherry to Lierly Lane. (Currently this
main is only 4".)
. Connect 6" main under Myrtle Street to the 6" main at Lierly Lane and all the necessary
mains on site.
. Two sewer mains closest to project site not deep enough to gravity-feed. Install
additional sewer main from manhole at intersection of Pacific Coast Railway and E.
Cherry all the way down E. Cherry. Size needs to be sufficient for any future
development on Caldwell Trust property-at least 8".
. Install two 72" pipes to replace current earthen ditch (called for in Drainage Master Plan).
Drop inlet here probably would not be used. Project can probably tap into on-site
drainage system.
. May want applicant to narrow planned widening of E. Cherry.
NOTES
SAC MEETING DRAFT PAGE 3
FEBRUARY 18, 2004
. Provide AC burm along property adjacent to agricultural uses. Agricultural conservation
easement on property may stipulate appropriate actions.
. Extend Myrtle Street to match the Village.
. Should probably conduct new flood study because FEMA Maps are old.
Building and Fire
. Provide compliant fire access through entire project or install sprinklers throughout all
units. Prefer use of sprinklers.
. Lot #2 needs sprinklers regardless of access width.
. Provide 20' wide access, 36' wide if parking on both sides of street.
. Provide fire hydrants per City standards at 300' intervals on each side so that each
hydrant is 150' from another one. Required fire flow of 1000 gal./min.l2 hours.
. If garage of Vanderveer house is demolished, obtain permit to build a new garage per
the Map Act.
. Add any special setbacks (i.e. for agriculture, creek) to Final Map.
. Obtain flood certificates for each building permit. (FEMA Flood Maps show 1 DO-year
flood zone extends well into the development.)
. Applicant considering installing sidewalks on extemal drive and not on internal drive to
widen internal drive access.
Parks, Recreation & Facilities
. Remove proposed park area and increase lot size. City, especially Police, not interested
in green space in middle of city due to lack of access.
. Provide deep root barriers for street trees. Property owners responsible.for maintaining
trees in front of their homes.
. Assessment district probably necessary to maintain open space around riparian corridor.
Provide low-maintenance open space, such as a picnic area, that is unobtrusive to the
riparian corridor.
. Plant trees on City's street tree list. (Will provide list to applicant.)
Action: ARC on March 1st. PC and CC review in March.
C, ARCH 03-005; Applicant - Phil Zeidman; Representative - Irvin Klein; Location - 528 E.
Branch Street. Project Planner - Ryan Foster.
Description: Proposal to relocate and remodel existing building and construct one (1) new
mixed-use building.
Applicant not present at SAC meeting.
Issues:
. This project was reviewed before as a proposed segment of the Planned Unit
Development (PUD) at East Village Plaza. During this time, ARC determined that the
existing house, due to historic character, should be retained rather than demolished as
originally suggested by the applicant. ARC additionally recommended an alternative site
plan.
. The original PUD was approved by the Planning Commission and appealed to the City
Council. (The reason for the appeal was not this parcel.)
. Applicant has now submitted new site plan. It includes more residential mixed-use as
desired by the City Council.
A TT ACHMENT 2
MEMORANDUM
TO: PLANNING COMMISSION
FROM: VICTOR DEVENS, ASSOCIATE ENGINEER - DEVELOPMENT VtP
SUBJECT: PRE 04-004, 756 MYRTLE
DATE: MARCH 16, 2004
Public Works has the following comments regarding the above referenced project:
DRAINAGE
1. The northwest portion of the property is subject to flooding from a 100-year storm.
2, The project will need to address the Newsome Springs Drainage across the
property. The drainage easement necessary to construct the Newsome Springs
Drainage Pipe may preclude construction on lots 22,23,31, 32, 35 and 36 due to
its width. The easement for the two 72" storm drainpipes will need to be at
minimum 25'. The applicant should consider modifying some of the lot layouts in I
the area of the drainage easement,
3. Install all necessary storm drain facilities on-site to handle the developed runoff,
4. All on-site storm water runoff shall be passed through fossil filters prior to entering
the creek,
STREETS
5. The project internal road system needs to be modified in the following manner:
a. The width shall match City standards,
b. Allow for the future extension of Myrtle Street along the creek,
6. Obtain necessary right of way for the extension of East Cherry across the property
frontage. If the applicant does not own the necessary property, this should be a
condition of application completion that the necessary right of way is obtained.
East Cherry has a 60' wide right of way at the intersection of East Cherry and
Branch Mill Road,
7. Extend Myrtle Lane and match to existing cross section,
WATER
8. Replace the existing 4" water main with an 8" water main underneath East Cherry
Avenue to connect to the existing 6" water main underneath Leirly Lane,
9. Extend a 6" water main from the existing main underneath Myrtle to the 6" main
underneath Leirly Lane,
10. Loop an 8" water main through the site,
11. Install fire hydrants within the project in accordance with City standards,
. .
PRE 04-004
MARCH 16. 2004
Page 2 of 2
SEWER
12. Extend a parallel sewer main underneath East Cherry Avenue from the
intersection of Pacific Coast Railway and East Cherry Avenue,
13. Extend the main across the property frontage and terminate in a manhole,
14. The main shall tie into the South San Luis Obispo County Sanitation District Trunk
Main at the intersection of East Cherry Avenue and Pacific Coast Railway. This
main is approximately 12' deep at this location,
15. Size the main as such to handle all possible future development in the area,
16. The main shall remain sufficiently deep to ensure adequate slope for future
extension,
17. Install all necessary sewer mains on site,
18. Project shall be routed to the South San Luis Obispo County Sanitation District for
review,
ITEMS REQUIRED TO DEEM THE PROJECT APPLICATION COMPLETE
19. Approved Traffic Study,
20. Approved Drainage Study,
21. Approved Flood Study,
22. Preliminary Soils Report,
23. Preliminary Grading Plan,
24. Tentative Map including all information required in Municipal Code Section
16.20.060, tentative tract maps.
C: Director of Public Works/City Engineer
Assistant City Engineer
Associate Planner
Project File
S:\PUBLlC WORKS ENGINEERING SHARED ITEMS\Development Projects\Pre-App\2004\PRE 04-004 _
CREEKSIDE ESTATES - STILLWELL\Memo - PC - Pre 04-004 - Stillwell Property.doc
ARC Notes - DRAFT COPY A TT ACHMENT 3
March 1, 2004
the antennas, which would be done by the monopine manufacturer,
Chameleon.
A motion was made by Chuck Fellows and seconded by Amy Miltenberger to
approve Conditional Use Permit 04-001 as submitted.
Motion approved: 5/0 voice vote.
B, PRE-APPLICATION REVIEW 04-004; Applicant - Creekside Estates of
Arroyo Grande, LLC; Representative - Damien Mavis; LOCATION - 134
E, Branch Street
The project was presented by Associate Planner, Kelly Heffernon. The
project is a pre-application for a large "Neighborhood Plan" designated area
to be a residential subdivision. There are no guidelines other than general
Development Code parameters and sparse language in the General Plan.
Staff is looking at using Specific Plan requirements as guidelines. There are
currently no architectural styles to review - only some conceptual landscaping
and preliminary lot layout. The applicants assembled three meetings over the
summer with adjacent property neighbors. From those meetings, they have
narrowed alternatives to what's being presented today.
Fred Baur, resident of Short Street in Arroyo Grande, made the following
comments:
. He had initially researched this property, but decided he couldn't do the
project. He discussed it with Brad and Damien, who purchased the
property and then asked him to be consultant/liaison for development.
Mr. Baur wanted to help with "smart growth" and enter into dialogue
with the neighborhood and Village without preconceived ideas.
Damien developed a "Hello Neighbor" letter, which was distributed
(see file). This was very successful and brought much positive
feedback from neighboring residents.
Damien Mavis, representative for the project, made the following comments:
. They have reviewed the Village Design Guidelines and intend to follow
them, and perhaps make more stringent guidelines for this
development. He brought some photos of houses they felt would be
suitable in the new neighborhood for visual reference and requested
feedback from ARC. There's a mix of lot sizes and home sizes in their
current plan, with smaller, more vertical-oriented homes in the center
of the plan and more traditional, craftsman-style homes around the
perimeter. They would like to sell lots to custom-home builders, and
use CC&R's to control quality of homes built. The first few homes,
they would build themselves in order to get momentum started. They
want to define the quality of building materials and finishes allowable in
this area, but will probably come back to ARC for each home being
built.
----.-....-..---.- -_.. -----.-- --
ARC Notes - DRAFT COPY Page 3
March 1, 2004
Brad Vernon, co-owner of property, made the following comments:
. Their vision is to set up building guidelines similar to the Stoneridge
project in SLO. This would aid ARC in reviewing plans on an individual
basis. Instead of three or four specific plans, they hope to have
different builders/architects come in with original ideas for a custom
home look for this development.
John Knight, Planner with RRM Design Group, made the following comments:
. With so many different siza lots, there should be a variety of designs.
He would like to bring in elements of both historical and downtown
architectural styles. They're in the first stage of the Master Plan
process, so they're still setting up architectural styles and gathering
information on city processes.
. This is just a part of the area designated as "Neighborhood Plan". It
will set the tone for the rest of the area - including Stillwell, Vandeveer
and Peters properties. They've attended neighborhood meetings, but
are not in a position to develop in the near future.
. The location is close to newer homes off Cherry, but it's also close to
historical and downtown areas. They would separate the development
with sidewalks and curbs. They envision tree-lined streets and some
form of common area - possibly through the drainage easement
through the center area. After gathering comments from Planning
Commission and City Council, they will return with more detailed plans.
Lyn Titus, 14-year resident, made the following comments:
. She is a friend of Stillwell, Vandeveer and Peters families. Her
property will border on lots 9 and 10 of this development as currently
mapped.
0 One of her concerns is East Cherry Avenue, which she would
like to see continued all the way to Lierly Lane. If they stop at
the edge of the properties, there are some dilapidated structures
that would look very unattractive for a new development.
0 Her second concern is what type of wall will be placed along the
back. She requests they not raise a concrete wall (as along
Branch Mill Road), since it's agricultural land, and concrete
walls are more for cities. She suggested, instead, to use wood
fencing - perhaps with openings (like split rail) so residents can
watch the crops grow.
. John Keen commended the developers for using the Viltage Design
Guidelines. When they were established, the Stillwell and Vandeveer
properties were included, but this area wasn't, so he's glad they're still
trying to abide by them.
The ARC had the following comments and questions:
. The basic concept of a variety of house plans and building as an
extension of The Village is good. It will keep things in order and make
neighbors happy.
ARC Notes - DRAFT COPY Page 4
March 1, 2004
. There is concern regarding traffic and speed control. The easiest way
to be in and out of project is from Cherry, or more directly, from Allen.
Allen has noise, speed and cuing problems at the corner. It's very
difficult to turn north and south on Traffic Way via Allen.
. Another concern is parking, with many cars parked on the street.
There should be a designation as far as parking for guests.
. Selling lots to different individuals will promote variety of concepts.
Cookie cutter projects serve a purpose, but a better response will be
gained from ARC and the neighbors with a variety of homes.
. ARC is favorable to keeping the park/open space. With due respect to
the Police Department's concerns, they would like developers to work
with PD in terms of visibility, lighting, and any other necessary
improvements. With respect to the Parks and Recreation Department,
in order that the city not have to maintain the park, they can do a
maintenance district or some sort of homeowner responsibility for the
open space.
. ARC noted the dual concerns of residents and neighbors regarding the
fencing. While it would be nice to keep area looking more agricultural,
the residents will want sufficient privacy measures from the street.
There won't be entrances to lots from Cherry, so backyards will
probably border on Cherry. While there will be a 100' agricultural
buffer, they still need screening from light and sound on the road.
0 100' is from edge of field, and garages can be within that, so
homes may have rear garages. This also will allow for not
having a whole row of garage doors, (which ARC favored).
Center lots will have alley, so they'll load from the rear of the lot.
. When marketing to prospective buyers, would developers show these
photos presented? Would they specify certain styles of architecture?
They would use similar standards to the Village Design Guidelines, but
be more restrictive. They would establish rear yards, quality
standards, and add more photos.
. ARC would like to see the Stillwell house kept in the development
(even if moved to another lot.) Developers are in favor of this and
would perhaps move it across from the creek. The house is in
disrepair and needs much work, but they're hoping to add a garden
around it and/or place deed restrictions for selling to to someone to fix
up. They noted this area is in the 1 DO-year flood zone - they need to
check with FEMA and perhaps bring in fill.
. ARC asked about keeping the mature walnut trees and palm trees.
Developers noted the walnuts can be messy on sidewalks and
driveways, and aren't good street trees, but they understand they're a
valuable resource. The palms can be easily moved.
. Will they see a landscape plan later? Yes.
. ARC is delighted to see a bridge across the creek. Developer noted it
would be on city-owned land, so it's there for the future. The only thing
------."--
ARC Notes - DRAFT COPY Page 5
March 1, 2004
is Public Works might have to maintain it. This would shorten route for
school kids.
0 One suggestion for maintenance was for City and School to
work together to maintain it.
o Another suggestion was to create a maintenance district.
. Is this a specific plan under state law? No.
. What specific concerns have been voiced by neighbors?
0 The bridge as dropoff/pickup point.
0 Traffic concerns - between Cherry and Myrtle
0 Preserving character of Vandeveer home.
0 Fixing drainage on back of property.
0 Developers felt after their three neighborhood meetings, this
plan best addressed the neighbors' concerns.
. Will they maintain the Peters house? Yes, although it's not of same
integrity as Vandeveer or Stillwell houses.
. ARC picked out houses (from photos presented of houses in Village
and SLO) they didn't want used as examples. They don't want to
include the Spanish eclectic style. in particular.
o ARC doesn't see concrete or tile roofs, instead use compo
o Also, no stucco - instead use shiplap or other siding.
0 Developers are hoping to place Victorian style homes in center
homes with more verticality. On borders, they would use
Craftsman or California bungalow styles. They would restrict
Queen Anne, Spanish or Cottage styles. They would allow both
one and two story homes.
No motion was made, as this was a pre-application only.
ARCHITECTURAL REVIEW 04-003; Applicant - Larry Persons, LLC;
resentative - Pat Blote, RRM Design Group; LOCATION - Courtland
and
The project s presented by Associate Planner, Kelly Heffernon. The
applicant propos three basic changes: architectural design more similar to
a "Spanish/Mediterra an" style, increased height for the two elevator towers,
and a new color and ma . Is board.
Pat Blote of RRM Design Group ared the new color and materials board
and requested comments from the A
The ARC had the following comments and qu ions:
. It makes sense to do Spanish style. , more compatible with
surrounding buildings.
. ARC didn't care for the "stark" white color and "bfl " red tiles. They
instead want to keep with the original colors and tiles s
MINUTES ATTACHMENT 4
PLANNING COMMISSION DRAFT
MARCH 16, 2004
B, PRE-APPLICATION CASE NO, 04-004; APPLICANT - DAMIEN MAVIS;
LOCATION - 756 MYRTLE, Staff report prepared and presented by Associate Planner
- Kelly Heffernon.
Mr. Strong excused himself due to conflict of interest.
Ms. Heffernon gave an overview of the proposed preliminary residential subdivision and
"neighborhood plan" for property located off Myrtle Street; bounded by East Cherry
Avenue and Myrtle Street within a Neighborhood Plan designated area; explained the
General Plan policy addressing a neighborhood plan; stated there are no specific
guidelines or development standards for neighborhood plans and therefore staff has
discussed using the specific plans as guidelines; the traffic analysis will be included as
part of the Environmental Review for the formal project; in compliance with the newly
adopted Agricultural Preservation Overlay District a minimum of 100 foot buffer area
must be established that includes a 20 foot wide agricultural transitional landscaped
area (can be either on the agricultural side or project side). In conclusion, Ms
Heffernon stated the applicant has held three informal neighborhood meetings to gain
feedback on various alternative designs for developing the project site and
conceptualizing the Neighborhood Plan; compliance with Development Code standards
will be determined through the Planned Unit Development process; Village Design
Guidelines will be used as the primary architectural style; all the units will be subject to
ARC review.
Commission Questions:
. Brown: Why have we gone from 7200 square feet to the smaller lots? Ms.
Heffernon replied that the PUD process allows smaller lots when open space is
proposed, as long as the overall density is not exceeded. The project is within
the density requirements.
. Brown: It may be the physical constraints that do not allow bigger lots.
. Brown: Was there going to be some kind of public access through the
agricultural buffer? Ms. Heffernon said that is what is being proposed.
. Brown: The gate shown next to Lot 1 is to stop people driving into Lot 2? Ms.
Heffernon said the applicant would address this.
. Brown: There is a long history of drainage issues on this property. Victor
Devens, explained there were 3-4 options contained in the Drainage Master
Plan; the City is looking for two 72" pipes to replace the ditch that currently runs
across the property.
. Brown: Is there a wall going around this property? Ms Heffernon: there was a
request at ARC for fencing that can be seen through along Cherry Ave.
Fowler:
. Concern that the small lots may not be appropriate for this area.
Chair Guthrie opened the hearing for public comment.
--.-
MINUTES DRAFT PAGE 13
PLANNING COMMISSION
MARCH 16, 2004
Fred Bauer, introduced Damien Mavis; stated he had asked him for help with
neighborhood outreach; the feedback was amazing and all townhall meetings were
positive and successful.
Damien Mavis, representative, explained the site plan and process that evolved to
produced their plan; described lot sizes; the gate is for the benefit of lots 1 and 2
sharing drives and their will be no other gates; the 100 ft buffer runs through lots 11,
12,13,14,23,24,25 & 26, south of the line there would be no habitable structures; he
asked for the feedback on project as well as ideas on the mandated inclusionary
housing (duplexes were not looked on favorably in the neighborhood discussions).
Corner lots were looked at for the inclusionary housing (split with two family homes on
them) and would have smaller setbacks, but would have architecture conducive to the
neighborhood.
Commission Comments & Questions:
Brown thanked the applicant for the outreach effort:
. Ag. buffers - this is the first major ago buffer we have dealt with since the 2001
General Plan: How did you determine 100 feet was enough distance?
. Density: Is clustering justified? You knew what the constraints of the creek and
farmland were and think you need to work within the constraints. How would this
project be transitional and in keeping with other neighborhoods (this close to ago
operations)?
. Read letter received from property owner; asked why the private 15' dirt drive,
not owned by the applicant had been incorporated into the neighborhood plan
when no attempt had been made to purchase it? Mr. Mavis agreed that they
were aware of this and there is need to address this immediately.
. The interconnecting bikeways and walkways - why aren't they closer to the
creek? Mr. Mavis explained that this is just a concept extending sidewalk
already there and thought the creek side a great idea.
. Fence issue? Mr. Mavis: it is shown around the Vanderveer resident in keeping
with the house (believes this is code on development of this size to have wall or
fence). Commissioner Brown said this would help in terms of a buffer, but it may
separate this development from the Village/community.
Chair Guthrie opened the hearing to the public.
Otis Page, 606 Myrtle, representing 20-40 people on Myrtle Street:
. The representations on densit made here are for the people who wish to develop
the Stillwell property (high density area).
. Green space is taking credit for what is on the creek (not belonging to them).
. Traffic issue: do not use Myrtle; maybe time to use Cherry.
. I would like more people to know about this proposal.
. This is development of prime ago land.
._~-"
MINUTES DRAFT PAGE 14
PLANNING COMMISSION
MARCH 16, 2004
. Jim Dickens is a strong supporter of ago land and this area adjoins his farm
which is prime ago land; it would be ironic that the City denied the Vanderveen
property .
Jim Dickens, 769 Branch Mill, representative of Dixson Ranch preserve, spoke
referenceing his letter to the Commission. He stated the forty acre, commercially
farmed parcel, is the only designated land within the City that is currently covered under
the Williamson. Act Contract. In addition, the property is also protected under an
agricultural easement into perpetuity, the only such agricultural easement held within
City limits and within the State of California. The proximity of' this proposed
neighborhood plan (NP) to the Dixson Ranch requires special consideration and unique
planning techniques to adequately mitigate future land use conflicts and to ensure the
long term protection in agricultural resources and proposed activity. He then stated
some options he would like the Commission to consider:
. Requiring a buffer distance of at least 150 feet in addition to a minimum of a 30
foot depth of landscaping, planted sufficiently dense and mature to provide
aerisol protection within the first year.
. The 15 foot private dirt road: The applicant has made no attempt to purchase
this but has incorporated it into the NP. He would like the Commission to
address this as a condition of approval.
. Storm water drainage: He recommended placement of the catch basin to be
within the agricultural buffer (GP Policy 1-5.1)
. Groundwater recharge: No adverse effects on ago water supplies. He
recommended a retention basin constructed in the middle of the proposed
project to act as a groundwater facility and decrease suffice water runoff into
Arroyo Grande Creek.
. He recommended the establishment of a creekside pedestrian/bikepath, possibly
linking to a footbridge, providing access to Paulding Middle School.
Mike McConville, 529 E. Branch .street:
. Not notified of neighborhood meetings.
. In developing this project the City could put 227 thru to Cherry Ave. This issue
needs to be addressed and asked if it was addressed at the meetings.
Victor Devens, stated he had learned from CAL TRANS that the Highway 227
realignment is no longer being actively considered.
Susan Flores, 529 E. Branch, works at the School:
. Not invited to neighborhood meetings.
. Pedestrian/Bikepath suggestion in the NP would take their immediate school
yard.
. Walnut tree on the Stillwell Property: Like to see a future plan on preserving
these old trees.
. Thinks density is too much.
_..~..^-~
MINUTES DRAFT PAGE 15
PLANNING COMMISSION
MARCH 16, 2004
. Need to make sure all interested parties are included if other sites are included
in a potential plan.
Mr. Mavis stated which areas of the site they owned; stated they were committed to
resolving the ago buffer issue.
Mr. Mavis then addressed the Commission Questions:
. Re concern with the proposal that traffic be directed toward Cherry/Allen Street:
We have a traffic study in process.
. Selling of the lots: It will be marketed primarily as individual lots: We will build a
certain number of homes to establish the community and level of quality. The
inclusionary housing has yet to be established and they would probably be
building these.
In reply to a question from Chair Guthrie on inclusionary housing, Ms. Heffernon stated
that at this time it is a 10% requirement, but is still being discussed.
In reply to Chair Guthrie, Mr. Brad Vernon, partner, stated at the neighborhood
meetings it was obvious that the only logical access would be Cherry Lane as primary
access.
Chair Guthrie closed the hearing to public comment.
Commission Comments:
Keen:
. Has a big problem with size of lots being smaller than 6,000 sq. ft.
. Would not object to seeing a wall along the property line as a buffer.
. He commended the applicants for proposing to match the Village guidelines.
. It may be a good idea to move the Stillwell house over to the green area, since it
currently crosses a couple of lot lines.
Fowler:
. Liked the concept.
. Lots are too small.
Brown:
. Lots too small; it needs to be transitional or in keeping with THE neighborhood.
. Assumption that the project buffer should be 100 feet, needs to be justified.
. Drainage is still an issue.
. Agrees with not using prime ago soils to provide an inlet (based on GP
guidance).
. Not against having a wall if it is part of the buffer.
. Traffic: Allen Street is a concern.
Guthrie:
. The higher density and clustering with open space. is acceptable.
. He has serious concerns with the proposed 100 feet being an adequate buffer.
MINUTES DRAFT PAGE 16
PLANNING COMMISSION
MARCH 16, 2004
. Landscape screen should take place along the ago property to have the greatest
impact of containing dust and pesticides.
. Block wall along ago property is a possibility - would have to be a smart buffer.
. The pedestrian/bicyle path should be developed along the creek side.
. Believes a 25% inclusionary housing has to be observed, based on what has
occurred in other projects.
. Fire access: A secondary access would probably have to be included in the NP
for emergency access; concern that Myrtle is closed off, but this could not ever
be used for emergency or any other sort of access for the development of the
rest of this property.
. Have to accept that the zoning is 4.5 du/a and there will be traffic, principally on
Cherry .
. Great if a bridge connectio"n was built.
Keen:
. If people dropped off and picked up their children at such a bridge on Myrtle
Street instead of at Crown Hill, could be a disaster in terms of traffic. Would a
bridge be worth it?
The Commission had no further concerns and they moved for adjournment.
C, DEVELOPMENT CODE AMENDMENT CASE NO, 03-008; APPLICANT - CITY
OF ARROYO GRANDE; LOCATION - CITYWIDE, Staff report prepared and
presented by Associate Planner, Teresa McClish.
This project not heard by the Commission due to the late hour.
V, DISCUSSION ITEMS: No discussion.
VI. PLANNING COMMISSION ITEMS AND COMMENTS: No discussion.
VII. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW-UP: No
Discussion.
VIII. TENTATIVE AGENDA ITEMS FOR APRIL 6. 2004: None.
IX. ADJOURNMENT:
The meeting was adjourned at 11 :40 p.m.
_n...__.__'__
-.---'-
.
A TT ACHMENT 5
March 16, 2004
Planning Commission
City of Arroyo Grande
Public Hearing - Pre-Application Review Case No. 04-004
Dear Chair Guthrie and Honorable Commission Members;
For the record, my name is Jim Dickens and I reside at 769 Branch Mill Road. I am
speaking before you this evening as a representative of the Dixson Ranch Agricuhural
Preserve.
The Pre-Application Review process is an opportune time to provide feedback and
direction to the applicant regarding the proposed neighborhood plan. The following are
observations and suggestions the Dixson Ranch would like the Commission to consider.
The "agricultural land to the south", as identified in the staff report, is referring to the 40
acre Dixson Ranch Agricuhural Preserve, This commercially farmed parcel is the only
designated land within the City that is covered under a Williamson Act Contract (See Ag3-
5), and, in addition, is also protected under an agricultural conservation easement in
perpetuity. This is the only such agricuhural conservation easement held within a city
limits in the state of California. The proximity of this proposed neighborhood plan to the
Dixson Ranch requires special consideration and unique planning techniques to adequately
mitigate future land-use conflicts and ensure the long-term protection of agricultural
resources and productivity.
The proposed "100' landscape agricultural buffer with a pedestrian/bike trail" is sorely
inadequate and fails to meet the established criteria found in the City's General Plan, Ag5-
2. The buffer distance of 100 feet as outlined in Ag5-2.\ is the bare-bones minimum
requirement. And I quote, "Greater distances may be required based upon site-specific
circumstances, to include consideration of established or existingfarming operations or
practices." The land-use protection placed on the Dixson Ranch and the commercial
farming operations carried out daily on this property warrants consideration of an increased
buffer distance of at least 1 SO feet. In addition, the buffer area should include a minimum
of a 30 foot depth of Iandscaping, a 10 foot increase ftom that required in Ag5-2.4 and
should be designed to discourage human and domestic animal movement between the
urban and agricuhural areas, It is vitally important to require the applicant to plant the
buffer sufficiently dense and mature to provide aerosol protection within the first year of
establishment. This will insure appropriate screening ftom dust, noise and air-borne
materials, as well as discourage trespassing, vandalism and crop theft.
The roadway extension and improvements to East Cherry Ave. are an appropriate feature
ofthe buffer proposal and provide for additional distance between agricultural operations
and urban living. Although, it should be noted that the existing 15' private dirt drive is not
owned by the applicant and belongs to the eleven property owners located ftom Lierly
Lane, east. To date, the applicant has made no attempt ~o purchase the private roadway,
.
yet has apparently incorporated this private property into his neighborhood plan. I would
expect the Planning Commission to properly address this deficiency as a condition of
approval when and if the project comes back for future consideration.
As a fifteen year resident on the Dixson Ranch and a lifelong acquaintance to the subject
ar~ it is safe to say, storm water drainage has been an ongoing concern. Currently the
City has a preliminary design to address a large flood year event and move storm water
drainage through the proposed neighborhood plan to the Arroyo Grande Creek.
Unfortunately, this design requires the loss of prime agricultural soils and the placement of
a concrete catch basin on the Dixson Ranch. This flood control inftastructure is for the
sole benefit ofthe urban residents, including this newly proposed 37-unit residential
subdivision, and provides absolutely no flood protection or benefit to the agricuhural user.
I am recommending the Planning Commission consider placement of this proposed catch
basin within the agricultural buffer to avoid any loss of prime agricultural soils and a
decrease in commercial farming productivity. I would once again like to draw your
attention to the General Plan Ag policy 1-5,1 and quote, "assure that city streets, drainage
systems and other infrastructure do not adversely impact agricultural lands. " The
placement of public inftastructure within the require buffer will guarantee the new
residents, as well as the existing residents, adequate flood protection and avoid any and all
disruptions to the adjacent working farm.
In conclusion, I would like to make several additional suggestions to the Pre-Application.
The proposed neighborhood plan property has historically been walnut orchards, rural
residential and open space available for groundwater recharge. I highly urge the
Commission to ensure this residential development project results in no net decrease in
groundwater recharge and has no adverse effects on agricultural water supplies. A
retention basin constructed in the middle of the proposed project could act as a
groundwater recharge facility and decrease surface water run-off from the project into
Arroyo Grande Creek. Secondly, the Commission has a unique opportunity to recommend
the establishment of a creek side pedestrianlbike path. As stated in the City's Parks and
Recreation Element 4-1.2 , and I quote, "a regional recreational trail should be
established along the Arroyo Grande Creek greenbelt from Strother Park to the ocean. "
The possibility of linking this trail to a footbridge and providing access to Paulding Middle
School and community facility activity areas as outlined in the Conservation and Open
Space Objective 3-1 is consistent with City policy and worthy of further exploration.
I would be happy to provide further clarification regarding the Dixson Ranch concerns and
recommendations if needed. I. appreciate your attention to the issues raised and thank you
in advance on behalf of the Dixson Ranch Agricuhural Preserve for the time and effort you
willingly commit toward serving this community.
Jim Dickens
769 Branch Mill Road
Arroyo Grande, CA 93420
(805) 481-3917
jdickens@c2on.net
~--------
A TT ACHMENT 6
Information Regarding Development i~ the East
Cherry Neighborhood Plan Area
.
February 2, 2004
Compiled By: RECEIVED.
Damien Mavis
(805) 748-5546 FES 2 6 7004
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPT.
----~._- --------
-"--_.'-
Development in the East Cherry Neighborhood Plan Area
We began to research and implement the details of the city's Neighborhood Plan
requiremen~ after acquiring the Stillwell property. These requirements were focused on
developing a homogeneous strategy for the current and future development of this area.
This concept worked well with our goal of engaging the community in our planning
process. Drawing ftom past experiences, we believe that the community around a
proposed development can often suggest the best ideas regarding all aspects of the
project. We came into this venture with few preconceived notions regarding this
property. With the help and vision of our neighbors a concept has been. developed with
wide support and promise,
We initiated our public outreach program by walking door to door in the neighborhood;
we introduced ourselves, briefly explained our goals, and distributed a "Hello Neighbor
Letter" and reply card. The requirements for the Neighborhood Plan were easily
incorporated into our development's public outreach effort, allowing both to proceed
concurrently. We then compiled the suggestions and concerns posed by the community
regarding both the Neighborhood Plan and our proposed development. These became the
topics of three community meetings we held.
To help facilitate these community meetings, a planner and architect ftom RRM Design
Group was present and active as well as city staff ftom the planning department. The
first neighborhood meeting engaged the property owners within the entire East Cherry
Neighborhood Plan area. At this meeting we discussed topics that affected the
Neighborhood Plan, such as east west collector alignmen~ agriculture buffer, and density.
We also discussed the layout and vision for our site, For the second community meeting
we invited everyone who returned a reply card as well as everyone in the immediate
neighborhood surrounding our development. . This meeting focused on how our site
would interact with the existing neighborhood to the west, Traffic, drainage, and site
layout were all discussed. Following the second meeting, four alternative concept site
plans were generated in response to the community's suggestions. These drawings were
presented at the fmal community meeting and the pros and cons of each design were
discussed. Well received by the community, one design rose to the top as the preferred
alternative. This alternative was further refmed to the current proposed site plan.
The proposed Creekside Neighborhood
We have set very high goals for this nine-acre Planned Development. This is one of the
last developable parcels in the village area and should reflect all its best attributes, The
community has been an invaluable source of information and suggestions. Their
collective vision was to have a quality neighborhood, which showcased the historical
Vanderveer residence and created a pedestrian friendly community with a strong sense of
place. In an effort to promote a strong community we looked to the past where a central
square was often the focal point of a village and dwellings were arranged in a concentric
manner. Residents of modem sUbdivisions often suffer from poor planning; they may
live only fifty feet ftom a neighbor but never meet because the development was not
------ -+'--~._.-
designed to foster community interaction. We addressed this problem by facing the
homes around a central green with few parcels sharing back fences, This also promotes a
pedestrian neighborhood by eliminating cul-de-sacs, making walks in and out of the
neighborhood efficient and pleasant. Utilizing a through street, a more equal distribution
of vehicular trips in and out of the neighborhOod was achieved, not biasing either Cherry
A venue or Myrtle Street. In an effort to blend the suburban neighborhoods to our west
and the rural area to our east, we plan to offer a variety of lot sizes from smaller city lots
on the west growing to more spacious lots to the east. This not only acts as an urban
transition but also provides for a more diverse neighborhood by making it affordable and
desirable to a large range of buyers. .
Green space was also central to our design process; with much community input the
design of two different types of green spaces evolved. The central green is.envisioned to
be more traditional common green for relaxing, recreation, and community interaction.
A section of property bordering the creek will also act as a community green space. This
space will reflect the natural state of the Arroyo Grande creek with very little alteration;
here residents and wildlife can enjoy the same natural setting,
The village of Arroyo Grande has an eclectic mix of architectural styles, Being
responsive to the community's preferences and adhering to the village's housing
guidelines and themes will be important ingredients in the architectural character .of this
development. A set of architectural guidelines will be drafted that reflect the diverse
styles within the village but insures high quality design. This will give custom
homebuilders enough latitude to build their dream home but insure quality architecture
and a common theme throughout the neighborhood, The guidelines will promote a
cohesive community style yet avoid the cookie cutter repetition found inmost
subdivisions.
A 100ft. agricultural buffer is incorporated into this design, shown by a dashed line on
the site plan. We feel that this is an important feature for our site because it separates the
two diverse land uses, and provides space for a distinctive entry, Contained in this buffer
will be East Cherry Lane and a green belt which will incorporate plantings that when
mature will further buffer the neighborhood, There will also be a fence or wall between
the back yard and the green belt. These steps will help to insure a development offering a
high quality life for its inhabitants.
The East Cherry Neighborhood Plan
Walking door to door in the Neighborhood Plan area gave us a chance to meet many of
its diverse residents. We had a chance to tour their property with them and listen to their
goals and concerns. Our plan incorporates many of their suggestions. There are a few
ways that a collector street could be brought through the area to service the potential
future development of the eastern portion of the area. Discussing this topic with the
residents it quickly became evident that the only viable collector. alignment was an
improvement of East Cherry A venue. lIDs wouldn't disrupt the current residents, while
allowing future extension and development. The sentiment of the eas!:ern property
. .
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owners was that short-term development would likely stop with.our property, yet the
potential to develop their land in the future was still viable. The current housing density
on the eastern portion is about one dwelling per acre, With so many diverse interests and
personalities in that area it is unlikely that development will occur in the near future, if it.
does occur it will likely reach a density considerably less than 4,5 units/acre as enabled
by the Neighborhood Plan zoning, The traffic study that we have commissioned, will
consider the impacts of various densities in the eastern portion, including a maximum
build out of 4.5 units/acre. Inftastructure will also be sized to service maximum future
development.
Fostering a spirit of community cooperation and coordination is the basis for this
Neighborhood Plan. If the a community can author their own solutions then the city
merely has to guide them through the necessary steps; by engaging the stakeholders,
solutions become easier and last longer, We have had goals parallel to the city's from the
beginning. If we provide the forum. for the community to become involved with the
planning of their neighborhood then a landmark development that meets the needs of all
can be realized.
. ~--'-"--- ------
,
PETERS TRUST
(f)
(f)
EXISTING
GARAGII TO BE
ULOCATED
LOT #9
PROPOSED
NEW GARAGII
_____--)..1<__
------ -------
(2) STILLWELL PROPERTY VANDEVEER PETERS TRUST
north
LEGEND: GRAPHIC SCALE
A1 Type 1 W"L _ Exlblt A, ......_ section .t_ "k.-_-LW \' i
A2 Type 2 W"L _ ExUllt A,.- sectIon.t_ III
B App..._ _60. for utility ._lncludI.B _. _ter,
electric, _ .nd....... TV. _ __ to... determined.
EXHIBIT "A"
RRM DESIGN GROUP
MARCH 5, 2004 ~~~EJOP,
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MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGE~
SUBJECT: SUPPLEMENTAL INFORMATION REGARDING AGENDA ITEM. 11,A, -
PRE-APPLICATION REVIEW CASE NO, 04-004: PROPOSED
RESIDENTIAL SUBDIVISION AND NEIGHBORHOOD PLAN: EAST
CHERRY A VENUE AND MYRTLE STREET
DATE: MARCH 22, 2004
The attached supplemental information was received subsequent to the distribution of
the Council agenda on March 19th.
,
~
,
March 22, 2004 R~~iJVe~ . ,
CITY OPAR~~y(j GRt$,~mS
Arroyo Grande City Council 04 MAR 22 AH 9= 5'
215 East Branch Street
City of Arroyo Grande
Consideration .of Pre-AppUcatlon Review Case No. 04-0CM
Dear Honorable Mayor and Council Members:
The Dixson Family Trust would like to provide the follqwing information and
suggestions for your consideration of the Pre-Application Review Case No. 04-
004,
The Dixson Ranch Agricultural Preserve is the agricultural land to the south of the
proposed development. This 40-acre commercially fanned property hat been In
our family since 1905 and is known to be some of the best fannI8nd in ... Anato
Grande VaHey, The Dixson Ranch Agricultural Preeetve h81been CCMI'8d ......
the WiHiamson Act since the late 1980's and is now deedreetricted with an
agricultural conservation easement protecting ita land use for agrtcuItur8I
production in perpetuity, This is the only such agricultural property protItcIed in
this manner within the City and is believed to be1he ~ agriculbnl COI1MMdion
easement granted within city limits in the state of Califomia,
The proximity of this proposed residential subdivision and neighborhood plan to
the Dixson Ranch Agricultural Preserve requires special consic:BaIon and unique
planning techniques to adequately mitigate significant land-use conIicIs, The
proposed land use conversion should not advel'88iy affect our existing IQIicUturaI
production, and appropriate measures should en8Ure the Iong-terrn.pqlI.chn of
our agricultural resources. To promote the coexistence of commercial agricuIIure
and residential housing, we would make the following requests: .
~ - The minimum buffer distance required within theCity's General
Plan is 100 feet, with greater distancea implemented given site-spedfic
circumstances. The agricultural activity on the I1)Ixson Ranch can be dt8raderized
as irrigated vegetable and specialty rON crops. This is considered .. ir1ten8iVe
farming operation involving considerable labOr. equipment. pumps, chemical use
and vehicle traffic on the property, To assure the.Dixaon Ranch "remain
unaffected by the proposed residential subdiVision. COnskl8ration.i'nust go beyond
the minimum and establishment of increased bUffer distances should be required.
~
3O-Foot DeDth of ~d8caDiRJI - Again, as required within the City's General
Plan, the minimum depth of landscaping contained within the butrer is 20 feet.
Given the intensive agricultural operations and the potential for air-born materials
to drift off the property, such as dust and chemical applications, the margin of
.
safety and comfort for the public ,hould be addressed with greater attention
placed on increased landscaping. In addition, the landscaping should be designed ,
to discourage human and domestic animal movement between the urban and
agricultural areas and should be sufficiently dense and mature to provide aerosol
protection within the first year of establishment.
~ - The requirement of an 8-foot high block wall, camouflaged
behind the 30 foot depth of landscaping, is an essential addition to the
comprehensive buffer. The wall will reduce and mitigate the impacts from noise
and lights associated with nighttime operations on the Mure residents adjacent to
the Dixson Ranch,
"No-CI~" Wood F8flce - We are recommending the developer in'" 8 Mno-
climb- wood fence Qn the property line to add.... the Increaeed ~ for
trespassing, vandalism, crop theft, litter and liability caused by the propoled
residential subdivision, It is vitally important to dIecoutage access onto the
property from both a safety and operational perspective,
~.tIna 1Hoot Private Drive - It should be noted that the existing 15-foot
private c:fu1 drive is not owned by the applicant and belongs to the 818110'" PfOP8I1Y
owners Ioca1ed from MMrs, Reeds- property, east. The Dbc80n Family Truet Ie one
of the eleven owners and is willing to cooperate with the developer to - this
roadway improved, We would only caution the Council to adequately addNe8 this
issue prior to approval of this neighborhood plan,
BI&Id-Tq-Fann Deed ~.ference - As has been required by the City in the past,
(Coker Ellsworth Development), all prospective property buyers should be
informed of the City of Arroyo Grande's Right-to-Farm Ordinance, This noIIcation
should be placed within the purchase agreement and deed, and should InI'onn all
buyers of the potential impacts that may occur from residing in close proximity to
agricultural activities.
!f.2..t.tt1Pec...... In Grouncl\fater R8C~rae - We are concerned this residential
subdiVision, given its proposed density, wiD have a negative effect on our
agricultural wells, The increase of impeNious surfaces and the decre.. in
recharge capacity may adversely impact groundwater supplies, We requllt the
City investigate the potential for a detention, retention and/or recharge bMin within
this proposed project.
~ - The proposed residential subdivision is within an .... that
experiences drainage deficiencies in an aboVe average rainy season, The City's
Public Works Department has committed countless hours toward an appropriate
drainage solution and it is our understanding a preliminary drainage proposal has
been identified in the City's Drainage Master Plan.
The Dixson Family Trust wo.uld like to continue working in cooperation with the
City in constructing this drainage project and belevesthis proposed development
will be key in determining the final S()lution, We still have questions and concerns
.
.
regarding the Newsom Springs Drainage Project and hope as this newly proposed
residential subdivision works it way thr:ough the planning process, great attention ,
and detail will be directed toward this drainage problem.
It should be noted that the proposed Newsom Springs Drainage Project provides
little to no flood benefit to the Dixson property and is primarily addressing flood
protection for the surrounding urban residents, We would request, to the extent
possible, that this drainage system be designed to lessen the iqNlCt on our
agricultural production. and be placed on those properties to which it willeerve.
Attached, please find a conceptual drawing proposing a stonn basin within the
150-foot buffer. This is a potentially creative solution combining two required
rritigations within the same area,
Thank you for your consideration to these recommendations. The Dbcson Family
Trust looks forward to continued participation With this development propoe81 and
the potential for unique planning solutions to the coexistence of agricultuNt and
urban land uses,
Sincerely,
Molly McClanahan, Co-Trustee
617 West Malvem Avenue
Fullerton, CA 92632
Sara Dickens, Co-Trustee
3638 Blair Way
Torrance, CA 90505
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