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Agenda Packet 2004-07-27 AGENDA SUMMARY - JULY 27, 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 Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action.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 (ADAMS) Recommended Action: Ratify the listing of cash disbursements for the period July 1, 2004 - July 15, 2004. 8.b. Consideration of Cash Flow Analvsis/ADDrova' of 'nterfund Advance from the Water Facility Fund (ADAMS) Recommended Action: Receive and file the June 2004 cash report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds as of June 30, 2004. 8.c. Consideration of ADDroval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Special City Council Meeting of June 22, 2004, and the Special City Council and Regular City Council/Redevelopment Agency Meetings of July 12, 2004, as submitted. 8.d. Consideration of ADDrova' of Final Tract MaD 2471: Alan Little Custom Homes: Berrv Gardens Sub Area 3 (SPAGNOLO) Recommended Action: 1) Approve Final Tract Map 2471, subdividing 1.68 acres into nine (9) residential lots; and 2) The approval of the map is subject to its inclusion in any drainage maintenance district which may be formed. - ~-""-"--""------"--->'--- --'.,.~ -.--......-.,--- -._.-~.,.,...------ AGENDA SUMMARY - JULY 27,2004 PAGE 3 8, CONSENT AGENDA (continued): 8.e. Consideration to ADDrove a Reauest to Assian Street SweeDina Services to SP Maintenance Services. Inc, (SPAGNOLO) Recommended Action: Adopt a Resolution approving a request to assign the month-to-month agreement with Daystar Industries for street sweeping to SP Maintenance Services, Inc. 8.1. Consideration of Stonecrest Drainaae and Access Driveway Gradina Modification (STRONG) Recommended Action: Approve the Planning Commission's recommendation for drainage and access driveway grading improvement plan amendments to Tract No. 2326, Stonecrest; proposed by Howard Mankins and S&S Homes. 9, PUBLIC HEARINGS: 9.a. Consideration of Conditional Use Permit 04-002: 959 Valley Road: St. John's Lutheran Church (HEFFERNON) Recommended Action: 1) Adopt a Resolution approving Conditional Use Permit 04-002, adopting a Mitigated Negative Declaration, and instructing the Director of Administrative Services to File a Notice of Determination. 9.b. Consideration of General Plan Amendment 04-002: Chanae in Land Use Desianation from Conservation/OD8n SDaC8 and Sinale Family Residential Low Density Planned DeveloDment to Conservatlon/ODen SDace and Sinale Family Very Low Density Planned DeveloDment for an ADDroxlmate 53-Acre ProD8rtv Located on the South Side of Noyes Road at the Northwest Edae of the City Limits in the Rancho Grande Planned DeveloDment (1,2). City of Arroyo Grande (Castlerock DeveloDment) (HEFFERNON) Recommended Action: The Planning Commission recommends that the Council adopt a Resolution to amend the Land Use Element (Land Use Map) of the General Plan to change the land use designation for the subject properties to Conservation/Open Space and Single Family Very Low Density Planned Development. 10, CONTINUED BUSINESS: None. 11, NEW BUSINESS: 11.a. Consideration of Reauest for ADDroDriation for Arroyo Grande Hiah School Pool EXDansion (HERNANDEZ) Recommended Action: Accept the recommendation from the Parks and Recreation Commission allocating $100,000 from savings from the Rancho Grande Park Project to expand the pool component of the Arroyo Grande High School remodel project contingent upon $150,000 provided from other agencies and community groups for this component. AGENDA SUMMARY - JULY 27,2004 PAGE 4 11, NEW BUSINESS NEW BUSINESS (continued): 11.b. Consideration of ADDointment of Votinc Deleaate and Alternate for the Leaaue of California Cities Annual Conference (ADAMS) Recommended Action: Appoint one Council Member as the voting delegate and one Council Member as the alternate delegate for the League of California Cities Annual Conference. 11.c. Consideration of Pre-ADDlication Case No, 04-011: Review of a Mixed Use Planned Unit DeveloDment Com Dosed of Residential Units Added to Existinc Offices and Fitness Club Uses: Southeast Corner of Oak Park Boulevard and James Way: Russ SheDD81 (HEFFERNON) Recommended Action: Review the pre-application and provide suggestions 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) California Joint Powers Insurance Authority (CJPIA) (4) Other (c) COUNCIL MEMBER THOMAS A, RUNELS: (1) Zone 3 Water Advisory Board (2) County Water Resources Advisory Committee (WRAC) (3) Other (d) COUNCIL MEMBER JIM DICKENS: (1) South County Youth Coalition (2) Other (e) COUNCIL MEMBER JOE COSTELLO: (1) Air Pollution Control District (APCD) (2) Other ------- ----.'.---- AGENDA SUMMARY - JULY 27, 2004 PAGE 5 13, CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. None. 14, COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 15, STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 16, COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions, Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 17, ADJOURNMENT ........... All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Administrative Services Department and are available for public inspection and reproduction at cost. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Administrative Services Department at 805- 473-5414 as soon as possible and at least 48 hours prior to the meeting date. ........... Note: This ~genda was prepared and posted pursuant to Government Code Section 54954.2. www,arroyogrande,org - ----...- - _.' .-_.~.__._-_._~,----_._.,- 8.a. MEMORANDUM TO: CITY COUNCIL . FROM: STEVEN ADAMS, CITY MANAGER ~ BY: FRANCES R. HEAD, ACCOUNTING SUPERVISOe SUBJECT: CASH DISBURSEMENT RA TIFICA TION . DATE: JULY 27, 2004 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period July 1-July 15, 2004. FUNDING: There is an $849,365.52 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 staffs recommendation; . Do not approve staffs recommendation; . Provide direction to staff. Attachments: Attachment 1 - Cash Disbursement Listing Attachment 2 - July 02,2004 Accounts Payable Check Register Attachment 3 - July 02, 2004 Accounts Payable Check Register Attachment 4 - July 02, 2004 Payroll Checks & Benefit Checks Register Attachment 5 - July 06, 2004 Accounts Payable Check Register Attachment 6 - July 08, 2004 Accounts Payable Check Register Attachment 7 - July 08, 2004 Accounts Payable Check Register Attachment 8 - July 09, 2004 Payroll Checks & Benefit Checks Register ATIACHMENTl CITY OF ARROYO GRANDE CASH DISBURSEMENTS ?7M tie 'PeWNt ~ P<<1, I 7~ ~ IS. 2004 ,- wwwww, w ~- Www' 'w."'", " , . .wWww w, July 27, 2004 Presented are the cash disbursements issued by the Department of Financial Services for the period July 1 to July 15, 2004. Shown are cash disbursements by week of occurrence and type of payment. WEEK TYPEOF PAYMENT ATTACHMENT AMOUNT July 2,2004 Accounts Payable Cks 116385-116481 2 $200,146.89 Accounts Payable Cks 116482-116487 3 7,697.79 Payroll Checks and Benefit Checks 4 72,045.66 $279,890,34 July 9,2004 Accounts Payable Cks 116494-116496 5 $4,856.99 Accounts Payable Cks 116497-116506 6 19,789.71 Accounts Payable Cks 116507-116581 7 160,053.24 Payroll Checks and Benefit Checks 8 384,775.24 $569,475.18 Two Weeks Total $ 849.365,52 T:\ winword\ CITY COUNCIL FORMS\ CASH DISBURSEMENT SCHED.doc ---~_._--~ _."----- --~--, CITY OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND (010) SPECIAL REVENUE FUNDS City Government (Fund 010) Park Development Fee Fund (Fund 213) 4001 - City Council 4550 - Park Development Fee 4002 - Administrative Services Traffic Signal Fund (Fund 222) 4003 - City Attorney 4501 - Traffic Fund 4101 - City Manager Transportation Fund (Fund 225) 4102 - Printing/Duplicating 4553 - Public Transit System 4120 - Financial Services Construction Tax Fund (Fund 230) 4121 - Taxes/ lnsurance/ Bonds 4556 - Construction Tax 4130 - Community Development Police Grant Funds 4131 - Community Building (CDBG) 4201 - Law Enforcement Equip. (Fd 272) 4140 - Management Information System 4202 - State AB3229 Cops Grant (Fd 271) 4145 - Non Deparbnental 4203 - Federal Universal Hiring (Fd 274) Public Safety (Fund 010) 4208 - Federal Local Law Enforcmt (FD 279) 4201 - Police Redevelopment Agency ( Fund 284) 4211 - Fire 4103 - Redevelopment Administration 4212 - Building & Safety ENTERPRISE FUNDS Public Works (Fund 010) Sewer Fund (Fund 612) 4301 - Public Works-Admin & Engineering 4610 - Sewer Maintenance 4303 - Street/Bridge Maintenance Water Fund (Fund 640) 4304 - Street lighting 4710 - Water Administration 4305 - Automotive Shop 4711 - Water Production Parks & Recreation (Fund 010) 4712 - Water Distribution 4420 - Parks Lopez Administration (Fund 641) 4421 - Recreation 4750 - Lopez Administration 4422 - General Recreation CAPITAL IMPROVEMENT PROGRAMS (Fund 350) 4423 - Pre-School Program 5501-5599 - Park Projects 4424 - Recreation-Special Programs 5601-5699 - Streets Projects 4425 - Children in Motion 5701-5799 - Drainage Projects 4426 - Five Cities Youth Basketball 5801-5899 - Water/Sewer/Street Projects 4430 - Soto Sport Complex 5901-5999 - Water Projects 4213 - Government Buildings 4460 - Parkway Maintenance Dept. 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In ...... ...... ...... >0 ATTACHMENT 8 2oo\...f~.. \ Y CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 06/18/04 - 07/01/04 07/09/04 FUND 010 346,483.28 Salaries Full time 179,683.71 FUND 220 16,155.84 Salaries Part-Time - PPT 23,275.60 FUND 284 1,410.95 Salaries Part-Time;., TPT 12,991.81 FUND612 7,515.99 Salaries OverTime 12,573.15 FUND 640 13,209.18 Salaries Standby 385.25 384,775.24 Holiday Pay 8,253.17 Sick Pay 15,170.70 Annual Leave Buyback - Vacation Buyback - Sick Leave Buyback - Vacation Pay 16,894.60 Comp Pay 9,293.70 Annual Leave Pay 1,770.19 PERS Retirement 38,996.99 Social Security 20,004.90 PARS Retirement 387.46 State Disability Ins. 1,347.59 Deferred Compensation 725.00 Health Insurance 35,919.55 Dental Insurance 4,401.01 Vision Insurance 985.08 Life Insurance 740.78 Long Term Disability - Uniform Allowance - Car Allowance 875.00 Council Expense - Employee Assistance - Boot Allowance - Motor Pay 100.00 - 384,775.24 8.b. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER BY: FRAN HEAD, ACCOUNTING SUPERVISOR@- SUBJECT: CONSIDERATION OF ACCEPTANCE OF CASH FLOW ANALYSIS AND APPROVAL OF INTERFUND ADVANCES FROM THE WATER AND WATER FACILITY FUNDS DATE: JULY 27,2004 RECOMMENDATION: It is recommended the City Council: . Accept the June 2004 cash report, . Approve the interfund advance of $1,478,119 from the Water and the Water Facility Funds to cover cash deficits in other funds as of June 30, 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 staffs recommendation; - Provide direction to staff. ----~- -".-.,-,"-- CITY COUNCIL CONSIDERATION OF CASH FLOW ANALYSIS JUL Y 27, 2004 PAGE 1 Attachment: A - Cash Balance/lnterfund Advance Report A Tr ACHMENT A CITY OF ARROYO GRANDE CASH BALANCE / INTERFUND ADVANCE REPORT At June 30, 2004 Balance at Recommended Revised Fund Advances Balance 010 General Fund 2,364,477 2,364,477 210 Fire Protection Impact Fees 213,871 213,871 212 Police Protection Impact Fees 46,737 46,737 213 Park Development 622,324 622,324 214 Park Improvement 167,628 167,628 215 Recreation Community Center 12,122 12,122 217 Landscape Maintenance 33,624 33,624 220 Street (Gas Tax) Fund 14,934 14,934 221 Traffic Congestion Relief 43,215 43,215 222 Traffic Signalization 537,479 537,479 223 Traffic Circulation 467,494 467,494 224 Transportation Facility Impact 2,030,661 2,030,661 225 Transportation 354 354 226 Water Neutralization Impact 803,842 803,842 230 Construction Tax 105,694 105,694 231 Drainage Facility 31,093 31,093 232 In-Lieu Affordable Housing 964,302 964,302 241 Lopez Facility Fund 1,138,031 1,138,031 250 CDBG Fund 16,490 16,490 260 Federal Fire Grant 131,467 131,467 271 State COPS Block Grant Fund 2,378 2,378 272 Calif. Law Enf. Technology Grant (7,259) 7,259 . 0 279 00-01 Fed Local Law Enforcement Grant 67 67 284 Redevelopment Agency 159 159 285 Redevelopment Set Aside 181,168 181,168 350 Capital Projects (1,436,632) 1,436,632 0 470. Fire Station Bond-Debt Service 121,337 121,337 612 Sewer Fund 22,253 22,253 . 634 Sewer Facility 186,182 186,182 640 Water Fund 2,986,103 (154,448) 2,831,655 641 Lopez (34,228) 34,228 0 642 Water Facility 1,323,671 (1,323,671) 0 751 Downtown Parking 26,303 26,303 760 Sanitation District Fund 101,892 101,892 Total City Wide Cash 13,219,233 0 13,219,233 THE ABOVE LISTING ARE THE CASH BALANCES SHOWN IN THE GENERAL LEDGER OF THE CITY OF ARROYO GRANDE AS OF ?J? ~A~~ SreYen: Adams City Manager ----,._..~..._--~~.- B.c. MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, JUNE 22,2004 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1, SPECIAL CITY COUNCIL MEETING: Mayor Ferrara called the meeting to order at 6:45 p.m. Council Members Lubin and Costello, City Manager Adams and City Attorney Carmel were present. Council Member Runels was absent. 2, PUBLIC COMMENT: None. 3, CITY COUNCIL CLOSED SESSION: (Councilman Dickens a"ived during Closed Session at 6:50 p,m,) a, CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54956: Agency Negotiator: Steven Adams Unrepresented Employees: Part-Time Employees 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 7:00 p.m. Tony M, Ferrara, Mayor ATTEST: Kelly Wetmore, Director of Administrative Servicesl Deputy City Clerk ~-_.._---_._.._~..- MINUTES SPECIAL MEETING OF THE CITY COUNCIL -"TUESDAY, JULY 13,2004 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1, SPECIAL CITY COUNCIL MEETING: Mayor Ferrara called the meeting to order at 6:18 p,m. Council Members Lubin, Runels, and Dickens; City Manager Adams; City Attorney Carmel; Parks, Recreation and Facilities Director Hernandez, Human Resources Manager Sisko; and Contract Planner McClish were present. Council Member Costello was absent. 2, PUBLIC COMMENT: None. 3, CITY COUNCIL CLOSED SESSION: a, CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54956: Agency Negotiator: Daniel Hernandez and Karen Sisko Unrepresented 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): 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 7:07 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, JULY 13,2004 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 7:11 p.m. 2, ROLL CALL City Council/RDA: Council/Board Members Runels, Lubin, Dickens, and Mayor/Chair Ferrara were present. Council/Board Member Costello was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Director of Financial Services Snodgrass, Community Development Director Strong, and Associate Planner Heffernon. 3, FLAG SALUTE Bob Carr, representing Arroyo Grande Lions Club, led the Flag Salute. 4,INVOCATION Pastor Paul Jones delivered the invocation. 5, SPECIAL PRESENTATIONS 5,a, Presentation of Mayor's Commendation to Fred Sweeney, Mayor Ferrara presented a Mayor's Commendation to Fred L. Sweeney for outstanding contributions to the community through coordination of the City Hall Feasibility Study and Needs Assessment. 5,b, Presentation by Ride-On Transportation, Mark Shaffer, Executive Director, gave a presentation regarding Ride-On Transportation, a non- profit organization that provides transportation services within San Luis Obispo County. He gave an overview of the transportation services available to City of Arroyo Grande residents. 6, AGENDA REVIEW 6.a, Resolutions and Ordinances Read in Title Only CounciVBoard Member Runels moved, Mayor Pro TemNice Chair Lubin 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. Council/Board Member Dickens requested that the Council adjourn tonight's meeting in memory of Craig Kaiser, former Senior Advisory Commissioner, who recently passed away. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS Vern Frederick, Pismo Beach, expressed concerns that the City is accessing his property adjacent to Reservoir No. 4 without first obtaining permission. Mayor Ferrara asked if staff is -~----". --~._----_..-.---_.._._----~._--- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 13, 2004 PAGE 2 following up on this issue. City Manager Adams responded that he believed the issue has been resolved. 8, CONSENT AGENDA Council/Board Member Runels requested that Item 8.k. be pulled for comment. Mayor/Chair Ferrara requested that Item 8.i. be pulled for discussion. Council/Board Member Runels moved, and Council/Board Member Dickens seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the exception of items 8.L and 8.k., with the recommended courses of action. The motion carried on the following roll-call vote( AYES: Runels, Dickens, Lubin, Ferrara NOES: None ABSENT: Costello 8,a, Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period June 16, 2004 through June 30, 2004. 8,b, Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of June 30, 2004. 8,c, Consideration of Award of Contract to MAXIMUS for Mandated Cost Recovery Services, Action: Adopted Resolution No. 3759 authorizing the City Manager to enter into a binding agreement with MAXIMUS for mandated cost recovery services. 8,d, Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of June 22, 2004 as submitted. 8,e, Consideration of a Resolution Establishing Policy to Waive Permit Application Fees for Certain Annual Temporary Use Permits, Action: Adopted Resolution No. 3760 modifying the policy and procedure regarding waiving permit application fees for certain annual Temporary Use Permits. 8,f, . Consideration of Compensation Adjustment for Part-Time Employees, Action: Adopted Resolution No. 3761 approving a 3% Cost of Livtng (COLA) adjustment for Part-time Employees for FY 2004-05 and a 5% COLA for Police Reserve positions. 8,g, Consideration of Compensation Adjustment for Fire Volunteers and the Fire Mechanic Position, Action: Adopted Resolution No. 3762 approving a Cost of Living Adjustment (COLA) of 5% for the Fire Volunteers Stipend Program and for the Fire Mechanic part-time pay for FY 2004-05. 8,h, Consideration of Annual Agreement with the San Luis Obispo County Visitors & Conference Bureau, [COUNCIURDA] Action: Authorized the Mayor to execute the annual Agreement with the San Luis Obispo County Visitors and Conference Bureau (SLOCVCB). 8,j, Consideration of Management Salary Range for the Accounting Supervisor Position, Action: Adopted Resolution No. 3763 establishing the management salary range for the position of Accounting Supervisor. -------,. ---- --._,~.,._-_._._..- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUL Y 13, 2004 PAGE 3 8,i, Consideration of Annual Agreement with the Economic Vitality Corporation of San Luis Obispo County, [COUNCIURDA] Recommended Action: Authorize the Mayor to execute the annual Agreement with the Economic Vitality Corporation of San Luis Obispo County (EVCSLOC). Mayor/Chair Ferrara requested whether information from the EVC was available detailing the direct benefits the City receives from the EVC, such as recipients of the Small Business Loan Program, and the number of business referrals to the City. Mayor Pro TemNice Chair Lubin explained that information was provided on a monthly basis and that the Council/RDA could be provided with an annual report from the EVC identifying referrals to the City and participants in the Small Business Loan Program. Staff was directed to follow up on this item. 8,k, Consideration to Approve a Revised Consultant Services Agreement with Tenera Environmental to Provide Services In Conjunction with the Annual Creek Cleaning Program, Recommended Action: 1) Approve a revised consultant services agreement with Tenera Environmental for services in conjunction with the annual creek cleaning program in the amount of $13,925.00; and 2) Authorize the Mayor to execute the agreement. Council Member Runels expressed concems regarding the purpose of this proposal, as well as the costs to the City. Director Spagnolo gave an overview of the process required by the City - prior to commencing the creek cleaning program. Council Member Runels moved, and Mayor Pro Tern Lubin seconded the motion to approve staff's recommendations for Items 8.i and 8.k. The motion carried on the following roll-call vote: AYES: Runels, Lubin, Dickens, Ferrara NOES: None ABSENT: Costello 9, PUBLIC HEARINGS 9, Consideration of Adoption of Ordinance and Resolution Regarding Underground Utilities and the Establishment of an Underground Utility In-Lieu Fee, City Manager Adams introduced Administrative Intern Jon Ansolabehere. Mr. Ansolabehere presented the staff report and recommended the Council: 1) Adopt the Ordinance amending Arroyo Grande Municipal Code Section 16.68.050 regarding underground utilities; and 2) Adopt a Resolution establishing an underground utility in-lieu fee. Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public hearing. Council Member Dickens moved to adopt an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE SECTION 16,68,050 REGARDING UNDERGROUND UTILITIES AND THE ESTABLISHMENT OF AN UNDERGROUND UTILITY IN LIEU FEE". Council Member Runels seconded the motion, and on the following roll-call vote: ",....,...,,- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 13, 2004 PAGE 4 AYES: Dickens, Runels, Lubin, Ferrara NOES: None ABSENT: Costello There beil'Jg 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Dickens moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SETTING FORTH THE AMOUNT OF THE CITY OF ARROYO GRANDE'S UNDERGROUND UTILITY IN-LIEU FEE". Council Member Runels seconded the motion, and on the following roll-call vote: AYES: Dickens, Runels, Lubin, Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9,b, Continued Public Hearing - Consideration of Tentative Tract Map Case No, 04-001; Condominium Tract Map for a Previously Approved 60-Unlt Senior Apartment Complex; 579 Camino Mercado; Camino Mercado Partners, LP, Associate Planner Heffernon presented the staff report and recommended the Council adopt a Resolution approving Tentative Tract Map 04-001. She responded to questions from Council regarding mitigation for oak tree removal; clarification of staff's recommendations regarding fee credits; conditioning the project so that the Senior Center was dedicated in perpetuity; how the Senior Center would be managed and maintained; whether or not the Homeowners Association fee would be same for all residents; clarification regarding the type of housing and the applicant's rationale for converting from apartments to condominiums; and whether a comprehensive survey was conducted of seniors concerning ownership versus renting. Jason BlankenshiD, representing the applicant, distributed results of two surveys conducted regarding rent versus ownership. He explained that one survey was conducted at an AARP meeting and the other was conducted at a Five Cities Senior meeting. He explained that while not too scientific, the survey results .showed a preference among seniors for ownership. Mayor Ferrara opened the public hearing. Rav Abdun-Nur,' Via Las Aguilas, expressed concems that fuel modification and weed abatement had not been completed on the subject property and inquired why the City was not enforcing its regulations. He expressed concerns about the future conversion of the proposed Senior Center to another use and who would clean and main.tain the Senior Center. Hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Dickens addressed the issue of rental units versus condominiums. He referred to the Courtland senior housing project which will provide rental units and stated that this project would help serve other segments of the senior population. He commented that this project meets the goals of the City's Housing Element. He requested language be added in the conditions of approval that the Senior Center be dedicated in perpetuity for general public use by CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 13, 2004 PAGE 5 South County seniors, and assurances that it will be adequately maintained. He acknowledged . that the concerns expressed regarding weed abatement would be referred to. staff for follow-up. He concluded by supporting the proposed condition regarding affordable housing units as recommended by staff and agreed with the proposed fee credits. Council Member Runels agreed that this was a worthy project; supported the staff proposed affordable housing unit allocation; supported a condition that requires dedication of the Senior Center for use by South County seniors in perpetuity; and supported inclusion of a provision concerning continued maintenance of the Senior Center. He supported the project as proposed. In response to Mayor Pro Tem Lubin's questions concerning maintenance responsibilities, City Attomey Carmel referred to the proposed Conditions, Covenants & Restrictions (CC&Rs) for the project that include provisions for maintenance responsibilities. Mayor Pro Tem Lubin asked if there was any benefit for using a deed restriction. City Attomey Carmel explained that there was adequate protection in place and there was no need for a deed restriction. Mayor Pro Tem Lubin supported the recommended condition for affordable housing units; expressed concern about daily maintenance of the Senior Center; favored the project, stating that the seniors need the housing and a senior center; stated that the project provided seniors an opportunity for ownership; and stated that the project would result in a traffic signal at Camino Mercado and W. Branch. Mayor Ferrara asked for an update on the Courtland senior housing project. City Manager Adams gave an update. stating that the applicant has received tax credits for the project. Mayor Ferrara stated that the issue for providing senior rental units at this location was less important now since the Courtland senior housing project would be moving forward and would provide rental units. He supported staff's recommendation for allocation of affordable housing units. Mayor Pro Tem Lubin moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP CASE NO, 04-001, LOCATED AT 579 CAMINO MERCADO, APPLIED FOR BY CAMINO MERCADO PARTNERS, Lpn. Council Member Runels $econded the motion. Council Member Dickens asked staff to review the amendments to the Resolution and whether the motion included the amendments. City Attomey Carmel reviewed the amendments to the Resolution, as follows: Condition #21 to read as follows: "The applicant shall submit CC&Rs that are administered by a subdivision homeowners' asso.ciation formed by the applicant. The CC&Rs shall include provisions for ownership, maintenance in good condition, and repair of common areas within the subdivision including, but not limited to the Senior Center."; New Condition #62 to read as follows: "Senior Center Agreement - Prior to issuance of the Certificate of Occupancy, the applicant shall enter into an agreement with a private, non-profit entity or public entity for the operation of the Senior Center (currently shown as Lot 62) within the project for the maximum benefit of the Arroyo Grande and South County senior citizen community. The Agreement shall be in perpetuity and shall be subject to the approval of the City Manager and City Attorney."; and existing Condition #62 will be renumbered to Condition #63. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 13, 2004 PAGE 6 Mayor Pro Tem Lubin agreed to amend his motion to include the modifications to the Resolution as stated by the City Attorney, Council Member Runels seconded the amended motion, and on the following roll-call vote: AYES: Lubin, Runels, Dickens, Ferrara NOES: None ABSENT:. Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. g,c, Consideration of a Resolution Modifying Development Impact Fees for Low and Very Low Income Affordable Housing Units. . City Manager Adams presented the staff report and recommended the Council adopt a Resolution modifying development impact fees for low and very low-income affordable housing units. In response to a question from Mayor Pro Tem Lubin, City Manager Adams explained that the modification of the development impact fees would apply to the two senior projects currently being proposed. Mayor Ferrara expressed concern regarding potential fiscal impacts to the City should the Regional Housing Needs Plan numbers change. Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public hearing. Council Member Dickens moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING THE DEVELOPMENT IMPACT FEE SCHEDULE". Mayor Pro Tem Lubin seconded the motion, and on the following roll-call vote: AYES: Dickens, Lubin, Runels, Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 10, CONTINUED BUSINESS None. 11, NEW BUSINESS 11,a, Consideration of Fiscal Year 2004-05 Budget Update, Director of Financial Services Snodgrass presented the staff report and recommended the Council: 1) Approve detailed budget adjustments and recommendations as shown in Schedule B; and 2) Approve Schedules A through D included in the Budget Update Report. - - -"---- - . .-.-....----.. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 13, 2004 PAGE 7 Mayor Ferrara opened the item for public comment, and upon hearing none, he closed the public comment period. Council Member Runels moved to approve detailed budget adjustments and recommendations as shown in Schedule B; and approve Schedules A through D included in the Budget Update Report. Council Member Dickens seconded the motion, and on the following roll-call vote: AYES: Runels, Dickens, Lubin, Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 11,b, Consideration of Approval of an Agreement with the City of Grover Beach to Provide Joint Street Sweeping Services, Director of Public Works Spagnolo presented the staff report and recommended the Council: 1) Approve an Agreement with the City of Grover Beach to provide street sweeping services and authorize the Mayor to execute the Agreement; 2) Authorize the solicitation of .equipment bids; and 3) Authorize one additional maintenance worker position in the Public Works Department. Staff responded to questions from Council concerning maintenance of the in-house equipment; time requirements and scheduling issues; cost savings to the City; and how growth and an increase in curb miles would be accommodated with the proposed resources. Mayor Ferrara opened the item for public comment. Dane PhilliDS, Arroyo Grande, st~ted that he was stepping down from Daystar Industries and he introduced Sean St. Denis, SP Maintenance Services, who was taking over his client list and would provide good service to the City. Sean St.Denis, SP Maintenance Services, gave a -background of his street sweeping business and confirmed that he had acquired Daystar's customers. He referred to the staff report and disagreed with some of the information presented with regard to labor and equipment costs, based on his experience and observation. Upon hearing no further public comments, Mayor Ferrara closed the public comment period. Council Member Runels acknowledged that he has been an advocate of bringing the street sweeping service in-house. He commented that this was an opportunity to try it on a trial basis to see if it could be successful. Council Member Dickens expressed concern that the issues were providing satisfactory service to the community and fiscal responsibility. He stated th~t he was not comfortable that this proposal would have a positive fiscal result. He acknowledged that complaints about street sweeping that he has received have decreased significantly over past years. He recommended giving SP Maintenance _ Services a .chance to take over the service and rejecting staff's - recommendation. -.--..---..-"---, -- ~--~_._- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 13, 2004 PAGE 8 Mayor Pro Tem Lubin expressed concerns about cost recovery. He stated that he generally prefers to subcontract services qf this nature to a professional and that he was not comfortable bringing this service in-house based on such a projected small savings to the City. He suggested rejecting staff's recommendation and either soliciting new bids or approving a continuation of the existing month-to-month contract and its assignment to SP Maintenance. Mayor Ferrara asked if the City could conduct a one-year trial and what would happen to the full- time Maintenance Worker the City would hire should the City discontinue the service in-house. He expressed concerns about the fuel costs and the potential for discrepancy in the proposed figures and also expressed concern with equipment downtime. There was further discussion on the benefits to performing the service in-house on a trial basis, and the need to further clarify the discrepancies concerning labor and fuel costs. City Manager Adams asked the Council to continue the item to give staff an opportunity to refine and confirm information in the staff report and to address Council's questions. Mayor Pro Tem Lubin moved to continue the item to a date uncertain. Council Member Dickens seconded the motion, and on the following roll-call vote: AYES: Lubin, Dickens, Runels, Ferrara NOES: None ABSENT: Costello There being 4 AYES and 1 ABSENT, the motion is hereby declared to be passed. 11,c, Consideration of East Grand Avenue Streetscape Enhancement at Courtland Street Intersection Corners, City of Arroyo Grande Proposals, Community Development Director Strong presented the staff report and recommended the Council: 1) Accept the offer of dedication from Gill's Market owners for an Easement; 2) Authorize the Mayor to execute a Certificate of Acceptance and record subject to the terms and conditions outlined, and 3) Appropriate $30,000 for City streetscape enhancements including a low screen wall, elimination of a driveway, new landscaping on the northeast corner and relocation of signal control equipment boxes on the southeast comer of the site. Mayor Ferrara opened the item for public comment, and upon hearing no public comments, he closed the public comment period. Council Member Runels moved to accept the offer of. dedication from Gill's Market owners for an Easement; authorize the Mayor to execute a Certificate of Acceptance and record subject to the terms and conditions outlined, and appropriate $30,000 for City streetscape enhancements including a low screen wall, elimination of a driveway, new landscaping on the northeast corner and relocation of signal control equipment boxes on the southeast corner. Mayor Pro Tem Lubin seconded the motion, and on the following roll-call vote: AYES: Runels, Lubin, Dickens, Ferrara NOES: None ABSENT: Costello -"'-~"'._-_.-._._._--' -"---'.,-- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 13, 2004 PAGE 9 There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 12, CITY COUNCIL MEMBER ITEMS a) Request to place on future agenda consideration of formal City opposition to the Gaming Revenue Act of 2004. (FERRARA) Mayor Ferrara requested, and the Council agreed, to place on a future agenda consideration of a formal position on the Gaming Revenue Act of 2004. b) Request to place on future agenda consideration of formal position on Halcyon/Highway 1 Realignment Project proposed by the County of San Luis Obispo. (DICKENS) Council Member Dickens requested, and the Council agreed, to place on a future agenda consideration of a formal position on the County's Halcyon/Highway 1 Realignment Project proposal. c) Request from Council Member Runels - Orchard Avenue (RUNELS) Council Member Runels requested, and the Council agreed, to place on a future agenda consideration of the proposal by the Busick Tract regarding Orchard Avenue. 13, CITY MANAGER ITEMS None. 14, COUNCIL COMMUNICATIONS Mayor Ferrara announced that the next League of Califomia Cities Channel Counties Division meeting would be held in Camarillo on Friday, July 23, 2004. Council Member Dickens reported that he would not be present at the next Council meeting of July 27, 2004. 15, STAFF COMMUNICATIONS City Manager Adams announced that the Arroyo Grande Fire Station Dedication and Open House would be held on Saturday, July 24th at 11 :00 a.m. and invited the City Council and members of the public to attend. 16, COMMUNITY COMMENTS AND SUGGESTIONS: Vern Frederick, Pismo Beach, requested that the City notify him before anyone accesses his property to get to the Reservoir No. 4 site. 17, ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 10:34 p.m. in memory of Craig Kaiser. r JES ......r,..'~rw. ~-- ____ . CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUL Y 13, 2004 PAGE 10 Tony M, Ferrara, Mayor/Chair ATTEST: Kelly Wetmore, Director of Administrative Services/ Deputy City Clerk/Agency Secretary (Approved at CC Mtg ) --_._----~- I.d. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ,tlf" SUBJECT: CONSIDERATION OF APPROVAL OF FINAL TRACT MAP 2471; ALAN LITTLE CUSTOM HOMES; BERRY GARDENS SUB AREA3 DATE: JULY 27,2004 RECOMMENDATION: It is recommended the Council: A. approve Final Tract Map 2471, subdividing 1.68 acres into nine (9) residential lots, B. the approval of the map is subject to its inclusion in any drainage maintenance district which may be formed, FUNDING: There is no fiscal impact at this time. DISCUSSION: The City has received Final Tract Map 2471, owned by Alan Little Custom Homes, Inc. The subject tract is directly west of the intersection of Courtland Street and Strawberry Avenue. This map subdivides a portion of Berry Gardens Sub area 3, consisting of 1.68 acres in size into nine (9) separate lots ranging from 6,001 to 8,413 square feet in size. This Final Map is consistent with the approved Vesting Tentative Tract Map 02- 003, approved by the City Council on June 24,2003. The current zoning for this tract is Single Family Residential - Specific Plan (SFR - SP). The City has yet to accept the adjacent improvements previously constructed by S&S Homes of the Central Coast for the Berry Gardens Subdivision, Tract 2260. To enable Tract 2471 to proceed, S&S Homes and Alan Little Custom Homes have reached an agreement for the maintenance and completion of the public improvements prior to acceptance by the City. The original storm drainage design for the Berry Gardens Specific Plan included Tract 2260, Berry Gardens; Tract 2471; and Tract 2505, Jasmine Place draining to an on-site drainage basin, which was constructed with the improvements for the Berry Gardens Subdivision, Tract 2260. Currently, The Brambles portion of Berry Gardens is responsible for basin maintenance through their homeowner's association. However, other properties adjacent to Berry Gardens are benefiting from the use of the basin, without contributing for maintenance. A maintenance district may be formed that will S:\PUBLlC WORKS ENGINEERING SHARED ITEMS\Development Projects\Tract Maps\Tract 2471. Matsumoto Trust\COUNCIL\Council Memo - Acceptance of Final Map for Tract 2471.doc ~..~"".-,~- CITY COUNCIL CONSIDERATION OF APPROVAL OF FINAL TRACT MAP 2471; ALAN LITTLE CUSTOM HOMES; BERRY GARDENS SUB AREA 3 JULY 27,2004 PAGE 2 include Jasmine Place, The Brambles, and Tract 2471, which Alan Little Custom Homes has agreed to include in the maintenance district. It is intended that the district include all residences within the tributary area for the basin, including the Berry Gardens Subdivision and residences adjacent to the subdivision on Poplar, Spruce and Cedar. It is recommended that Final Tract Map 2471 be approved subject to its inclusion in the drainage maintenance district. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendation; . Do not approve staffs recommendation; . Modify as appropriate and approve staffs recommendation; or . Provide direction to staff. Attachment: Exhibit 1 - Final Tract Map 2471 Council Memo - Acceptance of Final Map for Tract 2471 EXHIBIT 1 l~ c ~1!s!;!l!sz . ;; I!~I!! U :=;C!!lO~ z .~z...u - ::D..~~ . <.:> GI _ " z:<' 8 '''''cQ-!a Z.- I I'- CI~:':UI~ - .0 ot) I S3!I:)V BO.r 'V :8:i!t'!~~ 85 ~~ ~ CJ :3 0 N I V VIJ :3 CJ N ~~~~~ ~~~~ ~<5~ ~~ ~ ,00.60' M.OO,<t.'.N ~ I- il!il!s~~ ",::JiI!(3 ...~~ ~ lCOL .", oo.o'!Ii~ \ () 1!s~!!~1!s I!J~:. z ~!Ll W "'15 ~ ~..~a ~w ,,"~ jt!a. <( ~.gm"" ~ f ~~<<i ~o; ~ 0::: ~~I!s~g ~ ~r Ii! ~"J I- I!sU,,~ <( II:! ~ !I<~~ -.J ~ ;o:1!si("t'! 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I ~'" ~ 0 g '. 0 ~ ~ 0 2 ~ ~ i ~,,~ ~ ~ C .....J fD ~ r .....J t: ~ ~i....J fD m ~ ~ i~ i ~ ffi l I ~" ~ Iii i!~ i! - U 2 I <C:~ N bt.... "- ~., _________ __c__________ __ ___L___________ ii ~ o~. ~ ~,,~;!! ~, :::-~;~~;;=~~~~~~ ~~~~~~~~~~~~~~t~~ ~~~, !F~,~~~~~f~=.. ,~~~-- (mI;l) ,OO'6DZ 3.00,;..985 ~ ~ ~~~ II ~iB III! ~ '0'.) ,"'891 3.00,<',9.5 - ~ ~~ c! /' --- 3^ 'V A~~38>1~'v'l8 ~ 2 / r1 <0 / / F2 I F:: I ~ I ~ ~- ~ --~..._,.- ----..--.-- 8... MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER I!t SUBJECT: CONSIDERATION TO APPROVE A REQUEST TO ASSIGN STREET SWEEPING SERVICES TO SP MAINTENANCE SERVICES, INC. DATE: JULY 27,2004 RECOMMENDATION: It is recommended the Council adopt a resolution approving a request to assign the month-to-month agreement with Daystar Industries for street sweeping services to SP Maintenance Services, Inc. FUNDING: The FY 2004-05 Public Works operating budget includes funding for street sweeping services in the amount of $77,000. These funds will be used to pay SP Maintenance Services, Inc., instead of Daystar Industries. DISCUSSION: Presently, the City has a month-to-month agreement for street sweeping services with Daystar Industries. The street sweeping portion of Daystar's business was sold in June 2004 to SP Maintenance Services, Inc. The contract with Daystar Industries cannot be assigned to another contractor unless the City approves the assignment in accordance with section 10 of the agreement. Both Daystar and SP Maintenance Inc. have requested that the City consent to the assignment of the Daystar contract to it to provide street sweeping on a month-to-month basis as indicated in the attached letters. On July 13, 2004 the City Council reviewed an analysis to provide future street sweeping services. The Council was presented data comparing in-house street sweeping services versus those provided by a private contractor. The Council directed staff to revise the data and return to the Council at a future meeting. It is recommended the Council approve the request to consent to the assignment of the street sweeping contract to SP Maintenance, Inc. as an interim measure prior to review of the revised street sweeping analysis. ...._--~ CITY COUNCIL CONSIDERATION TO APPROVE A REQUEST TO ASSIGN STREET SWEEPING SERVICES TO SP MAINTENANCE SERVICES, INC, JULY 27,2004 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendations; - Do not approve staff's recommendations; - Modify staff's recommendations as appropriate; - Provide direction to staff. Attachment: 1. Letter dated July 23, 2004 from Daystar Industries 2. Letter dated July 20,2004 from S P Maintenance Services, Inc. -~~_._---_. ------ RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONSENTING TO THE ASSIGNMENT OF THE AGREEMENT FOR STREET SWEEPING SERVICES WHEREAS, on or about April 4, 2003, the City of Arroyo Grande ("City") entered into a month-to-month agreement for street sweeping services with Daystar Industries (the "Agreement"); and WHEREAS, Daystar Industries desires to assign the Agreement to SP Maintenance Services, Inc.; and WHEREAS, Section 10 of the Agreement states that the Agreement is not assignable without the prior written consent of City; and WHEREAS, the City Council has reviewed all written comments, staff reports and related materials which are a part of the record in this matter. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo Grande that: 1. City consents to the assignment of the Agreement to SP Maintenance Services, Inc. 2. This consent to assignment shall not release assignor of its duties and obligations under the Agreement. 3. This consent to assignment shall become effective upon satisfaction by SP Maintenance Services, Inc. of all conditions precedent under the Agreement, including, but not limited to applicable insurance requirements. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this _ day of July, 2004. - ~----"_..__._- RESOLUTION PAGE 2 TONY M, FERRARA, MAYOR ATTEST: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J, CARMEL, CITY ATTORNEY -----.-- Attachment 1 D/\"l ~ T/\ R '''- , , , , . : -. UNCOMPROMISED SERVICE July 2rd 2004 Mr. Don Spagnolo Public Works Department City of Arroyo Grande 214 E. Branch Street Arroyo Grande CA 93420 Dear Mr. Spagnolo: As of June 1 st 2004, Daystar Industries California, was sold to SP Maintenance Inc. With this letter, will you please assign the month to month Daystar Street Sweeping contract with the City of Arroyo Grande, over to SP Maintenance. Regards, /)~ Dane Phillips FOW1der POST On:ICE Box 371001 . LAS VEGAS, NEVADA 89137. (702) 360.1000 · FA.x (702) 360-8611 ----...-..--- Attachment 2 SP MAINTENANCE SERVICES, INC. "I ~ 734 Ralco8 Way r Arroyo Grande, CA 93420 i~ Phone (805) 343-9999 :~ Fax (805) 343-9989 July 20, 2004 City of Arroyo Grande VIA: Fax. P.O. Box 550 A1Toyo Grande, Ca 93420 A'ITN: Don Spagnolo RE: Street & Lot Sweeping SP Maintenance Services, Inc:. respectfully requests to have the month to month Agreement with Daystar Industries assigned to SP Maintenance Services, Inc. for the street and parking 10t sweeping. SP Maintenance Services, Inc. agrees to abide by the terms and conditions of the previous agreement with Daystar Industries and understands that the City of AIroyo Grande is performing a street sweeping analysis. 81 Sean D. St. President SP Maintenance Services, Inc. 8.f. MEMORANDUM TO: CITY COUNCIL ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR ~ FROM: SUBJECT: CONSIDERATION OF STONECREST DRAINAGE AND ACCESS DRIVEWAY GRADING MODIFICATION DATE: JUL Y 27, 2004 RECOMMENDATION: It is recommended the City Council approve the Planning Commission's recommendation for drainage and access driveway grading improvement plan amendments to Tract No. 2326, Stonecrest, proposed by Howard Mankins and S&S Homes. FUNDING: No City funding would be required for either the current grading and drainage improvement plans or the amendments proposed. Costs will be shared by the two private owners, Mr. Mankins and S&S Homes. DISCUSSION: Backaround On July 18, 2000, the Planning Commission adopted Resolution No. 00-1746, which included a Mitigated Negative Declaration, approving Vesting Tentative Tract Map No. 2328, and Planned Unit Development No. 99-001, Stonecrest, located at 1190 EI Camino Real, applied for by S&S Homes (see Attachment 1). The 26 single family homes in the Multiple Family zoning district are under construction with a two way private street intersecting EI Camino Real and the garages fronting on a one-way private loop within the hillside PUD tract. Five of the lots at the upper portion of the loop street include a private road easement potentially providing access to two adjoining Multiple Family (MF) zoned, undeveloped hillside parcels owned by Howard Mankins' family. Condition 59 provided: "The project access road shall be designed to allow future extension to serve the southerly MF zoned areas with two way traffic along the access easement." Recently, Howard Mankins requested meetings with S&S Homes and City staff to pursue drainage and access driveway grading and improvement plan amendments to enable construction of this extension now to avoid possible disputes with the five lot owners "----- AMENDMENT TO TRACT NO, 2328, STONECREST JULY 27,2004 PAGE 2 affected by the private road easement and with the 26 future members of the Stonecrest Home Owners Association. Public Works, Fire and Building and Community Development Department staff all agree that this amendment and construction should be pursued now, grading and improvement plans revised and costs resolved between Mr. Mankins and S&S Homes, before houses are sold and the potential extension becomes disputed or more complicated. Conceptually, the City requires a minimum curb-to-curb private road width of 24 feet with no on-street parking to potentially provide for two-way traffic at least to the furthest parcel frontage on the easement, paved and not to exceed 20% gradient. If approved, the access easement could potentially be further extended and increased if desired to public street cross section standards to connect to Hillcrest Street, but only if the City decides that through traffic and the removal of a mature oak tree are acceptable. While future access alternatives would be considered when Mr. Mankins proposes a development plan, the private road easement grading and improvement plans within Tract No. 2328 should be revised at this time. Approximately the upper (south) half of the easement would be the improved private access road easement and the lower (north) half would remain a slope bank behind the five houses. The 'V' ditch shown on current grading and drainage plans would be eliminated if curb gutter and road serve to intercept hillside drainage. Attachment 2 is a sketch concept plan of the proposed two way private road extension requiring limited removal and widening of some curb and gutter, street, and an additional drop inlet and relocation of one street light to create a 'y' intersection of the one way loop road with the two way access road extension, If approved by City Council, detailed grading, drainage and improvement plans would be required to be submitted and approved prior to construction of these access improvements proceeding. Slope banks would be stabilized by required erosion control measures. A separate grading and erosion control plan must be submitted and approved for this portion of the work. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve this proposed amendment by consent action. - Defer decision by requesting more detailed and subsequent new business discussion on August 10, 2004. - Provide other direction to staff and applicants leaving the approved tract grading and drainage unchanged until resolved. Attachments: 1. Reduction of Tract Map 2328 2. Sketch concept plans S:\COMMUNITY _DEVELOPMENT\CITY _ COUNCIL\2004\07-27-04\07-27-04 Stonecrest Drainage.dot A"" ACHMENT '\ ..-.:D ! ~ ~~\ i' ~ 1 ; ~ CI 011 \,ea \q ~ . i. ) C< 'I \ ~ ~\ , t% ~! ~ 1 ::::. ai \ .. ,- ,._ 1 , i 61 'a: "'I \~ ... ! - ~!{ . \ \' \\ t\ II ,~\ ,. --- \ , , \ I ,. ~ \ ~i __-11- j! 1 ~t ~ Ti' eft .. ~ . .. , --,~.-~---------+ - ,~\t ~ ",~ \ .~\ 1\ f \'1m., ~i' \ 1~ I..' \\ ~~ 1 .,f \\ .,'i, fai ~\ \ ',~q , 1 I I -. ~ i\ ,~\\ i\~ 11 Ii ~ ..\1 ----~_...__.- , ,_, ..." . ",,,.!,,,,-,. 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CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN tl:1at the City Council of the City of Arroyo Grande will conduct a Public Hearing on JULY 27,2004 at 7:00 P,M, in the City Council Chambers, 215 E, Branch Street, Arroyo Grande, to consider the following item: CASE NO, Conditional Use Permit 04-002 APPLICANT: St. John's Lutheran Church LOCATION: 959 Valley Road PROPOSAL: Remodel and expansion of existing church ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration RI:PRESENT A TIVE: Bob Gold In compliance with the California Environmental Quality Act, the Community Development Department has prepared a Mitigated Negative Declaration on the above project. The Mitigated Negative Declaration is available for review at the Community Development Department, City of Arroyo Grande. Information relating to this proposal is available at the Community Development Department, located at 214 E. Branch Street, Arroyo Grande, California, or by telephone at (80S) 473-5420 during normal business hours (8:00 a.m. to 5:00 p.m.) Any person affected or concerned by these proposals may submit written comments to the Communiw Development Department before the City Council hearing, or appear and be heard in support of or opposition to the proposals at the time of hearing. If you challenge an item in court, you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice, or in writt~n 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. ~~ Kelly etm re, CMC Director of Administrative Services/Deputy City Clerk Publish 1T, Friday July 16, 2004 -----~..._-- MEMORANDUM TO: CITY COUNCIL FROM: KELLY HEFFERNON, ACTING COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONSIDERATION OF APPROVAL OF CONDITIONAL USE PERMIT 04- 002; 959 VALLEY ROAD; ST, JOHN'S LUTHERAN CHURCH DATE: JULY 27, 2004 RECOMMENDATION: The Planning Commission recommends the City Council adopt the attached Resolution, approving Conditional Use Permit 04-002, adopting a Mitigated Negative Declaration and instructing the Director of Administrative Services to file a Notice of Determination. FUNDING: No fiscal impact to the City; the applicant will be required to pay all fees at the time of permit issuance. DISCUSSION: Proiect Description The applicant, St. John's Lutheran Church, has applied for a Conditional Use Permit to expand the existing church at 959 Valley Road. The expansion would include a new 6,618 square-foot classroom wing, a new 1,585 square-foot commons area, twenty (20) additional parking spaces, a new columbarium in the memorial garden, and landscape improvements. The classrooms would be used for Sunday school and literacy classes twice a week, but not as a full-time school or pre-school. The property was recently annexed into the City of Arroyo Grande on June 4, 2004. As part of this application, the applicant has requested to defer connection to City water and sewer services for a period of two (2) years and to retain use of the existing water well for landscaping. Normally, approval for a project such as this would lie with the Planning Commission and only be heard by the City Council on appeal. However, because the applicant is requesting to defer utility connections and retain the use of an existing water well, Council action is required. ParkinQ The City's Development Code allows parking requirements for churches to be calculated as either one (1) space per every five (5) fixed seats or one (1) space per S:\COMMUNITY _DEVELOPMENTICITY _COUNCIL\2004\07 -27 -04 \CUP _04-002_CC_RPT.doc CITY COUNCIL CONDITIONAL USE PERMIT 04-002 JULY 27,2004 PAGE 2 every fifty (50) square-feet of public assembly area. The church has 100 existing parking spaces and the expansion would include an additional twenty (20) spaces, for a total of 120 parking spaces. The public assembly areas after the expansion would include a 3,068 square-foot sanctuary (existing), a 1,585 square-foot commons area (new) and a 2,800 square- foot fellowship hall (new - part of classroom wing). These three areas would not be utilized at the same time, so parking should be calculated based on the largest area, which is the sanctuary. The sanctuary can seat a maximum of approximately 300 people, which would require either sixty (60) parking spaces if calculated for fixed seats or sixty-two (62) parking spaces if calculated for public assembly area. The new classroom wing (minus the fellowship hall) would contain approximately 3,085 square-feet of public assembly space and contain seating for a maximum of 155 people (per Uniform Building Code). This would require thirty-one (31) parking spaces if calculated for fixed seats or sixty-two (62) parking spaces if calculated for public assembly area. If the higher numbers of these parking calculations were used for the assembly area and classrooms, the church would be required to provide a total of 124 spaces. If the lower numbers were used, the church would be required to provide a total of ninety-one (91) spaces. The applicant is proposing a total of 120 parking spaces. The church's busiest days are Christmas and Easter, and in the past, the church has utilized an unimproved overflow parking lot on these days. This overflow area would continue to be available for use on these days, if necessary. The Planning Commission requested that a condition of approval be included that would allow the Commission to review the adequacy of parking at the church at the end of two years. If parking is found to be inadequate at that time, this overflow parking area could potentially be improved. Deferment of Utility Connections Any City utilities that are to be extended to serve the project site would have to cross Los Berros Creek. The creek is regulated by both the U.S. Army Corps of Engineers and the California Department of Fish & Game. The applicant would need to secure any and all necessary permits from these two agencies to extend utilities across the creek. In addition, the creek is on property owned by the County of San Luis Obispo, requiring the applicant to secure an easement from the County to extend utilities. The applicant has requested to defer connections to City water and sewer utilities for a period of two (2) years in order to secure all of the necessary permits/easements from the various agencies involved. Deferment would allow the applicant to obtain S:\COMMUNITY _ DEVE LOPI\iE NT\CITY _ COUNCIL\2004\07-27-04\CUP _04-002_ CC_RPT.doc CITY COUNCIL CONDITIONAL USE PERMIT 04-002 JULY 27,2004 PAGE 3 building permits while pursuing the utility connections instead of having to complete the connections prior to obtaining a building permit. Fire Protection The church has two (2) on-site water storage tanks for fire protection, with a total capacity of 22,000 gallons and a pump that can deliver 600 gallons per minute (GPM) to the building's sprinkler system. This is significantly below the City's required fire flow of 1,500 GPM for three (3) hours for a building of the proposed size. Although this requirement would easily be met once the project is connected to City water, because the applicant has requested a deferment of two (2) years, this deficiency was identified as a potential hazard in the attached Initial Study and Draft Mitigated Negative Declaration. Staff has discussed this matter with the Fire Chief, who believes that the proposed two (2) year deferment would be adequately mitigated for the following reasons: the entire building has been/would be sprinklered, the onsite water supply would last approximately 30-40 minutes, and fire engines would be able to connect to a City fire hydrant approximately 600-700 feet from the project site in case of fire. Retention of Water Well and Septic Tank As previously stated, the applicant is requesting to retain the use the existing water well and septic tank, Both the well and septic tank would need to be retained for a period of two years should the Council approve the applicant's request for deferment of water and sewer connections. Once utility connections are made, the septic tank would be abandoned; however, the applicant has requested to retain use of the water well beyond the time of utility connections for the purpose of landscape irrigation. Clarification of Conditions of Approval The applicant has submitted a letter (Attachment 4) requesting that several proposed Conditions of Approval be clarified for Council consideration. The first condition in question, #49, would require the applicant to transfer the water rights for the existing well to the City should the well be abandoned by the applicant for any reason. Staff is not recommending that the applicant be required to abandon the well, as it would be used only for landscape irrigation and to fill the on-site water storage tanks, which could be utilized in case of fire. However, if at any time the well is abandoned, staff recommends that those water rights be transferred to the City to help offset the increased water use that the annexation of this property will have on the City. Condition #52 was included to illustrate that Council approval is required for continued use of the septic tank per the Municipal Code. That request is considered S :\CO MMU NITY _ DE VE LOP fIlE NT\CITY _CO UNCIL \2004\07- 27-04\CUP _ 04-002_ CC _RPT .doc ,^",;",.,.,,- CITY COUNCIL CONDITIONAL USE PERMIT 04-002 JULY 27, 2004 PAGE 4 part of this Conditional Use Permit application and will not require an additional permit. Finally, condition #54 was included per Development Code requirements regarding undergrounding of utilities. There are no on-site overhead utilities, and the off-site overhead utilities within six (6) feet of the property line lie within the County of San Luis Obispo right of way. Staff supports the applicant's request to waive this condition. AL TERNATIVES: The following alternatives are provided for the Council's consideration: - Adopt the attached Resolution, approving Conditional Use Permit 04-002; - Modify and adopt the attached Resolution; - Do not adopt the attached Resolution; - Provide direction to staff. Attachments : 1. Draft Mitigated Negative Declaration 2. Architectural Review Committee meeting notes from June 7, 2004 3. Planning Commission minutes from June 15, 2004 4. Letter from the applicant dated July 2, 2004 S:\COMMUNITY _DEVELOPM:NT\CITY _ COUNCIL\2004\07-27-04\CUP _04-002_ CC_ RPT.doc RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 04-002, LOCATED AT 959 V ALLEY ROAD, APPLIED FOR BY S1. JOHN' S LUTHERAN CHURCH WHEREAS, the applicant has filed Conditional Use Permit 04-002 to remodel and expand an existing church facility located at 959 Valley Road; and WHEREAS, the City Council has considered Conditional Use Permit 04-002 to expand and existing church facility located at 959 Valley Road; and WHEREAS, the City Council has considered the applicant's request to defer connection to City water and sewer services for a period of two (2) years, retain use of the existing septic tank during this period, and retain use of the existing water well indefinitely; and WHEREAS, the City Council has held a public hearing on July 27, 2004 in accordance with the City Code; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has adopted a Mitigated Negative Declaration; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The' proposed use is permitted within the Public Facility (PF) district pursuant to Section 16,16.050 of the Development Code and complies with all the applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. 2, The proposed expansion of the church facility would not impair the integrity and character of the Public Facility (PF) district because it conforms to all applicable development standards for the PF district. -~----- RESOLUTION NO, JULY 27,2004 PAGE 2 of 13 3. The site is suitable for the proposed expansion of the church facility because the site is of an adequate size to accommodate the increased intensity of use without impacting surrounding properties. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety; the property has existing on-site water and sewer facilities and will be connected to City facilities within two (2) ye.ars. 5, The expansion of the church facility will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Conditional Use Permit 04-002 with the above findings and su.bject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 27th day of July, 2004. .._--_._~_._. -----.- RESOLUTION NO, JULY 27,2004 PAGE 3 of 13 TONY FERRARA, MAYOR ATTEST: KELL Y WETMORE, ADMINISTRATIVE SERVICES DIRECTORI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J, CARMEL, CITY ATTORNEY ----~-- -------- RESOLUTION NO, JULY 27,2004 PAGE 4 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 04-002 - -959 V ALLEY ROAD COMMIINITY DEVI:=I OPMENT DEP~~TMENT GENERAL CONDITIONS: This approval authorizes the expansion of the existing church facility located at 959 Valley Road, allows the applicant to defer connection to City water and sewer facilities for a period of two (2) years, allows the applicant to retain use of the existing septic tank during this period, and allows the applicant to retain use of the existing water well indefinitely. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional Use Permit 04-002. 3. Development shall occur in substantial conformance with the plans presented to the City Council at their meeting of July 27, 2004 and marked Exhibit "BII. 4. This conditional use permit approv.al shall automatically expire on July 27, 2006 unless a building permit is issued before that time. 5. Development shall conform to the Public Facility (PF) zoning requirements except as otherwise approved, MITIGATION MEASURES: 6. Prior to connecting to City water and sewer systems, the applicant shall secure any and all necessary permits/easements from the U,S, Army Corps of Engineers, California Department of Fish & Game and the County of San Luis Obispo that are required to extend utility connections across Los Berros Creek. 7. Connection to the City water system shall be completed prior to issuing a final certificate of occupancy (a temporary certificate of occupancy may be issued), and the connection must be made within two (2) years from the date a building permit is issued for the project. If the applicant is unable to secure the necessary permits and make the connection within this period, the - ------,---- RESOLUTION NO, JULY 27,2004 PAGE 5 of 13 Planning Commission and City Council will review the progress of the connection and determine if an extension of this period is warranted based on the applicant's good faith efforts. 8. All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. 9, All construction activities shall be limited to the hours of 8:00 am to 6:00 pm Monday through Saturday. No construction shall occur on Sunday. ARCHITECTURAL REVIEW COMMITTEE: 10, The applicant shall consult with the Director of Parks, Recreation & Facilities to determine the viability of transplanting the two redwood trees shown as II to be removed" on the plans marked Exhibit liB". PARKS. RECREATION AND FACILITIES nEPARTMENT GENERAL CONDITIONS: 11. Any trees that are removed or do not survive transplanting for a three (3) year period shall be replaced at a 1: 1 ratio with a minimum 1 5-gallon variety. 12. All trees contained in planters shall include deep root barriers. BllIlDING AND FIRE DEPARTMENT GENERAL CONDITIONS: 13. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 14. The project shall provide complete compliance with State and Federal disabled access requirements. 15, All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 16, The project shall have a fire flow of 1,500 gallons per minute for a duration of three (3) hours once connection to City water is established, 17. Prior to occupancy, fire hydrants shall be installed, per Fire Department and Public Works Department standards, including on-site hydrants per approval of ----- -~--- RESOLUTION NO, JULY 27,2004 PAGE 6 of 13 the Fire Chief. 18, Prior to occupancy, the applicant must provide an approved II security key vault", per Building and Fire Department guidelines. 19. Prior to occupancy, all buildings must be fully sprinklered per Building and Fire Department Guidelines. 20. Prior to issuance of a final certificate of occupancy, the applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions, unless waived by the City Council. OTHER APPROVALS: 21. Project must comply with local and Federal flood management policies. 22. Any review costs generated by outside consultants shall be borne by the applicant. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILD"INGPERMIT: 23. Water meter, service main, distribution and availability fees, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. 24. Water neutralization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. 25. Traffic impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ordinance 461 C.S" Resolution 3021, 26. Traffic signalization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ordinance 346 C,S., Resolution 1955, 27, Sewer hook-up and facility permit fees, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-6.405. 28. Building permit fees, to be based on codes and rates in effect at the time of building permit issuance, :> --.-...--^- .-.-.----.- RESOLUTION NO, JULY 27,2004 PAGE 7 of 13 29. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of development' in accordance with State mandate. 30. Fire protection fee, to be' based on codes and rates in effect at the time of building permit issuance. 31. Police facilities fee, to be based on codes and rates in effect at the time of building permit issuance, SPECIAL CONDITION: 32, The applicant shall provide proof to show that the existing septic system will serve the total building (after expansion) if the project is not connected to City sewer, PllBlIC WORKS DEPARTMENT IMPROVEMENT PLANS: 33. All improvement plans are subject to the review and approval of the Director of Public Works. 34, All revisions to the approved plans shall be reviewed and approved by the Director of Public Works, 35. A registered civil engineer in the State of California shall prepare all improvement plans. 36. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 37. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 38. Submit as-built plans at the completion of the project or improvements as directed by the Director of Public Works, One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. -39, The following Improvement plans shall be prepared' by a registered Civil Engineer and approved by the Public Works Department: . Grading, drainage and erosion control, . Street paving, curb, gutter and sidewalk, . Public utilities, . Water and sewer, -~----_.- "~--"-'- RESOLUTION NO, JULY 27,2004 PAGE 8 of 13 . Landscaping and irrigation, . Any other improvements as required by the Director of Public Works. 40. The site plan shall include the following: . The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. . The location, quantity and size of all existing and proposed sewer laterals. . The location, size and orientation of all trash enclosures. . All existing and proposed parcel lines and easements crossing the property ~ . The location and dimension of all existing and proposed paved areas. . The location of all existing and proposed public or private utilities. 41, Improvement plans shall include plan and profile of existing and proposed streets and utilities. 42. Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development and Parks and Recreation Departments, In addition, The Director of Public Works shall approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. WATER: 43. The minimum water main size is 8", The applicant's engineer shall determine the size of main necessary to supply the proper fire flows. 44. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 45, The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: . Implement an individual water program consisting of retrofitting existing high-flow plumbing fixtures with low flow devices. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City Council for approval prior to implementation; OR, . The applicant may pay an in lieu fee of $2,200 for each new residential unit. 46. The on-site water systems that supply water to fire hydrants shall be a public facility. This will require public improvement plans and dedication of a 1 5 ----_._------------ - RESOLUTION NO, JULY 27,2004 PAGE 9 of 13 feet wide easement. 47. All domestic water services will require a backflow prevention device per City Standard 511-AG. 48. All fire sprinkler connections will require a double detector check valve with FDC per City Standard 731-AG, 49, If the well is abandoned for any reason, the applicant shall transfer those water rights to the City. 50, If the well is abandoned for any reason, the applicant shall submit the appropriate destruction documentation from the County Health Department for the destruction of the well. SEWER: 51, All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 52, The applicant may retain use of the private septic system until such time that a connection to City sewer service is made. PUBLIC UTILITIES: 53. Underground all new public -utilities in accordance with Section 16.68.050 of the Development Code. 54. Under ground all existing overhead public utilities on-site and in the street in accordance with Section 16,68.050 of the Development Code, 55. Submit all improvement plans to the public utility companies for approval and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 56. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. STREETS: 57. The applicant shall be responsible for ensuring striping and signage on Los Berros Road at the intersection of Los Berros Road and Valley Road meets City standards. ---~-"_.,---- --~--- RESOLUTION NO, JULY 27,2004 PAGE 10 of 13 58. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 59, All street repairs shall be -constructed to City standards. CURB, GUTTER, AND SIDEWALK: 60. Install new concrete curb and gutter along the property frontage with Los Berros Road to control storm water runoff from the road, or provide storm drainage easements to the satisfaction of the Public Works Director. GRADING: 61. Perform all grading in conformance with the City Grading Ordinance. 62. Submit a preliminary soils report prepared by a registered Civil Engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the c:lpproved soils report. 63. Obtain a stockpile permit for any material stockpiled on the site. DRAINAGE: 64, The applicant shall construct a storm water catch basin with fossil filter to collect storm water runoff from Los Berros Road and discharge to the creek. 65, All drainage facilities shall be designed to accommodate a 100-year storm flow. 66, All on-site drainage facilities shall filter storm water runoff prior to discharging to the creek. 67, All drainage facilities shall be in accordance with the Drainage Master Plan. 68. The project is in Drainage Zone "B" and will require storm water run off directed to the creeks. 69, The applicant shall submit an engineering study regarding flooding related to the project site as directed by the Director of Public Works. Any portions of the site subject to flooding from a 100-year storm shall be shown on the recorded map or other recorded document, and shall be noted as a building restriction, --'---"..'- --'.---- RESOLUTION NO, JULY 27,2004 PAGE 11 of 13 DEDICATIONS AND EASEMENTS: 70. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8 1/2 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. 71. Easements shall be dedicated to the. public on a separate dpcument approved by the City, for the following: . Water easements for the water main extended to the site. The easements shall be a minimum of 15 feet wide. 72. Private easements shall be reserved on a document approved by the City, for the following: . Sewer easements for the private force main. The easements shall be a minimum of 10 feet wide. 73. The determination of ownership of Los Berros Road and Los Berros Creek shall be made prior to installation of water and sewer improvements. The applicant is responsible for obtaining any necessary easements over the properties. 74. All legal documents shall be prepared by a licensed land surveyor in the State of California. PERMITS: 75. Obtain an encroachment permit prior to performing any of the following: . Performing work in the City right of way, . Staging work in the City right of way, . Stockpiling material in the City right of way i . Storing equipment in the City right of way. 76, Obtain a grading permit prior to commencement of any grading operations on site. FEES: 77, Pay all required City fees at the time they are due. 78. Fees to be paid prior to plan approval: . Plan check for grading plans based on an approved earthwork "^-~-_.._- --'-...-.~-- RESOLUTION NO, JULY 27,2004 PAGE 12 of 13 estimate. . Plan check for improvement plans based on an approved construction cost estimate. . Permit Fee for grading plans based on an approved earthwork estimate. . Inspection fee of public works construction plans based on an approved construction cost estimate. AGREEMENTS: 79. Inspection Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. 80. Improvement Agreement: The applicant shall enter into an agreement for the completion and guarantee of improvements required. The agreement shall be on a form acceptable to the City. BONDS: 81. The applicant shall submit bonds for the connection to City water and sewer if a building permit is issued prior to connection, This amount' shall include the destruction of the water well a'nd septic system. 82, All bonds or security shall be in a form acceptable to the City, and shall be provided prior to issuing a building permit, unless noted otherwise. The Improvement securities shall be such that they shall not expire until the City accepts the improvements. 83. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 84, Provide bo.nds or other financial security ,for the following, to be based upon a construction cost estimate approved by the Director of Public Works: . Faithful Performance: 100% of the approved estimated cost of all subdivision improvements, . Labor and Materials: 50% of the approved estimated cost of all subdivision improvements, . One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements, This bond is required prior to acceptance of the subdivision improvements, .. v....-... ... J ..-v...-r RESOLUTION NO, JULY 27,2004 PAGE 13 of 13 PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: 85. All essential project improvements shall be constructed prior to occupancy. Non-essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Director of Public Works. PLANNING COMMISSION: 86. The Planning Commission shall review the adequacy of the parking improvements two years from the date of this project approval. LETTER OF CREDIT: 87, Prior to issuance of building per~its, the applicant shall submit a letter of credit for 1 25 % of the estimated cost of water and sewer utility connections. ------- --~-_..- A TT ACHMENT 1 CITY OF ARROYO GRANDE INITIAL STUDY Project Title: Conditional Use Permit 04-002 Lead Agency Name and Address: City of Arroyo Grande 214 East Branch Street Arroyo Grande, CA 93420 Contact Person and Phone Number: Ryan Foster, (805) 473-5420 Project Location: 959 Valley Road Project Sponsor's Name and Address: St. John's Lutheran Church 959 Valley Road Arroyo Grande, CA 93420 General Plan Designation: Public Facility Description of Project: Remodel and expansion of existing church facility Surrounding Land Uses and Settings: Single-family to the north, open space to the east, public facility to the south and agriculture to the west Other Public Agency Required Approval: California Department of Fish & Game, U.S. Army Corps of Engineers ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: D Aethetics D Agricultural Resources D Air Quality IZI Biological Resources D Cultural Resources D Geology/Soils IZI Hazards & Hazardous D Hydrology/Water Quality D Land Use/Planning Materials D Mineral Resources IZI Noise D Population/Housing D Public Services D Recreation D T ransportation/Traffic D Utilities/Service Systems D Mandatory Findings of Significance DETERMINATION: 0 I find that the proposed project COULD NOT have a significant effect on the IZI environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A MITIGATED 0 NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and 0 an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORTis 0 required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. June 1, 2004 Signature Date Ryan Foster Printed Name EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis ). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that ~an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses", may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3){D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9. The explanation of each issue should identify: a) the significance criteria or threshold,. if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Potentially Less Than No Significant Significant Impact Significant Impact Impact Unless Mitigation Impact Incornoration I. AESTHETICS - Would the oroiect: Have a substantial adverse effect on a scenic 0 0 0 [2J vista? Substantially damage scenic resources, 0 0 D [2J including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic hiahwav? Substantially . degrade the existing visual 0 0 0 [2J character or quality of the site and its surroundinas? Create a new source of substantial light or 0 0 0 [2J glare that would adversely affect day or niahttime views in the area? II, AGRICULTURAL RESOURCES - Would the oroiect: Convert Prime Farmland, Unique Farmland, 0 0 0 ~ or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Aaencv. to non-aaricultural use? Conflict with existing zoning for agricultural 0 0 0 ~ use or a Williamson Act contract? Involve other changes in the existing 0 0 0 ~ environment that, due to their location or nature, could result in conversion of Farmland. to non-aaricultural use? III, AIR QUALITY - Would the oroiect: Conflict with or obstruct implementation of the 0 0 0 ~ aODlicable air aualitv Dlan? Violate any air quality standard or contribute 0 0 0 ~ substantially to an existing or projected air aualitv violation? Result in a cumulatively considerable net 0 0 0 ~ increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone orecursors)? Expose sensitive receptors to substantial 0 0 0 ~ oollutant concentrations? Potentially Potentially Less Than No Significant Significant Impact Significant Impact Impact Unless Mitigation Impact I ncornoration Create objectionable odors affecting a D D D ~ substantial number of oeoole? IV, BIOLOGICAL RESOURCES - Would the oroiect: Have a substantial adverse effect, either D D D ~ directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any D ~ D D riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Have a substantial adverse effect on federally D ~ D D protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruotion or other means? Interfere substantially with the movement of D D D ~ any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nurserv sites? Conflict with any local policies or ordinances D D D ~ protecting biological resources, such as a tree Dreservation nolicv or ordinance? Conflict with the provisions of an adopted D D D ~ Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation olan? V, CULTURAL RESOURCES - Would the oroiect: Cause a substantial adverse change in the D D D ~ significance of a historical resource as defined in 15064.5? Cause a substantial adverse change in the D D D ~ significance of an archaeological resource Dursuant to 15064.5? Potentially Potentially Less Than No Significant Significant Impact Significant Impact Impact Unless Mitigation Impact Incor oration Directly or indirectly destroy a unique 0 0 ~ paleontological resource or site or unique eolo ic feature? Disturb any human remains, including those 0 0 0 interred outside of formal cemeteries? VI. GEOLOGY AND SOILS - Would the ro" ect: Expose people or structures to potential 0 ~ substantial adverse effects, including the risk of loss in'u or death involvin : Rupture of a known earthquake fault, as 0 0 ~ delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Stron seismic round shakin ? ~ Seismic-related ground failure, including 0 ~ Ii uefaction? Landslides? 0 ~ Result in substantial soil erosion or the loss of 0 ~ to soil? Be located on a geologic unit or soil that is 0 ~ unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence Ii uefaction or colla se? Be located on expansive soil, as defined in 0 0 0 ~ Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or ro ert ? Have soils incapable of adequately supporting 0 0 0 ~ the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? VII, HAZARDS AND HAZARDOUS MATERI L - Would the ro"ect: Create a significant hazard to the public or the 0 ~ environment through the routine transport, use or dis osal of hazardous materials? -- - ---------- --~ Potentially Potentially Less Than No Significant Significant Impact Significant Impact Impact Unless Mitigation Impact Incorcoration Create a significant hazard to the public or the D D D [gJ environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle D D D [gJ hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existina or DroDosed school? Be located on a site which is included on a list D D D [gJ of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport land D D D [gJ use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the Droiect area? For a project within the vicinity of a private D D D [gJ airstrip, would the project result in a safety hazard for people residing or working in the Droiect area? Impair implementation of or physically D D U [gJ interfere with an adopted emergency response plan or emergency evacuation Dlan? Expose people or structures to a significant D [gJ D D risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII, HYDROLOGY AND WATER QUALITY - Would the Droiect: Violate any water quality standards or waste D D D [gJ discharae reouirements? ~- Potentially Potentially Less Than No Significant Significant Impact Significant Impact Impact Unless Mitigation Impact Incornoration Substantially deplete groundwater supplies or D D D [gJ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which Dermits have been aranted)? Substantially alter the existing drainage D D D [gJ pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage D D D [gJ pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in floodina on- or off-site? Create or contribute runoff water that would D D D [gJ exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sou rces of polluted runoff? Otherwise substantially degrade water D D D [gJ aualitv? Place housing within a 1 DO-year flood hazard D D D [gJ area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation mao? Place within a 100-year flood hazard area D D D [gJ structures that would impede or redirect flood flows? Expose people or structures to a significant U D D [gJ risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation bv seiche tsunami. or mudflow? r 1 D D [gJ IX, LAND USE AND PLANNING - Would the Droiect: Phvsicallv divide an established communitv? [ ] D D [gJ Potentially Potentially Less Than No Significant Significant Impact Significant Impact Impact Unless Mitigation Impact I ncorcoration Conflict with any applicable land use plan, D D D [2] policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitiaatina an environmental effect? Conflict with any applicable habitat D D D [2] conservation plan or natural community conservation olan? X, MINERAL RESOURCES - Would the Droiect: Result in the loss of availability of a known D D D [2] mineral resource that would be of value to the reaion and the residents of the state? Result in the loss of availability of a locally D D D [2] important mineral resource recovery site delineated on a local general plan, specific clan or other land use clan? XI, NOISE - Would the Droiect result in: Exposure of persons to or generation of noise D fZ] D D levels in excess of standards established in the local general plan or noise ordinance, or aoolicable standards of other aaencies? Exposure of persons to or generation of D D D [2] excessive ground borne vibration or around borne noise levels? A substantial permanent increase in ambient D D D [2] noise levels in the project vicinity above levels existina without the oroiect? A substantial temporary or periodic increase D [2] D D in ambient noise levels in the project vicinity above levels existina without the Droiect? For a project located within an airport land D D D [2] use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private D D D [2] airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Potentially Less Than No Significant Significant Impact Significant Impact Impact Unless Mitigation Impact I ncorooration XII. POPULATION AND HOUSING - Would the Droiect: Induce substantial population growth in an D D D ~ area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing D D D ~ housing, necessitating the construction of reDlacement housina elsewhere? Displace substantial numbers of people, D D D ~ necessitating the construction of replacement housina elsewhere? XIII, PUBLIC SERVICES Would the project result in substantial D D D ~ adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the Dublic services: Fire Drotection? D D D ~ Police Drotection? D ~ Schools? [ ] ~ Parks? 0 0 ~ Other Dublic facilities? [ ] 0 fZI XIV, RECREATION Would the project increase the use of existing 0 D D ~ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Does the project include recreational facilities 0 D 0 fZI or require the construction or expansion of recreational facilities that might have an adverse Dhvsical effect on the environment? XV, TRANSPORTATIONITRAFFIC - Would the Droiect: Potentially Potentially Less Than No Significant Significant Impact Significant Impact Impact Unless Mitigation Impact I ncorDoration Cause an increase in traffic that is substantial D D D ~ in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads. or conaestion at intersections)? Exceed, either individually or cumulatively, a D D D ~ level of service standard established by the county congestion management agency for desianated roads or hiahwavs? Result in a change in air traffic patterns, D D D ~ including either an increase in traffic levels or a change in location that results in substantial safetv risks? Substantially increase hazards due to a D D D ~ design feature (e.g., sharp cu rves or dangerous intersections) or incompatible uses le.a. farm eauiDment)? Result in inadeauate emeraencv access? D D D ~ Result in inadeauate Darkina caDacitv? D [ ] [ ] ~ Conflict with adopted policies, plans, or D D D ~ programs supporting alternative transportation (e.a. bus turnouts bicvcle racks)? XVI, UTILITIES AND SERVICE SYSTEMS - Would the Droiect: Exceed wastewater treatment requirements of D D D ~ the applicable Regional Water Quality Control Board? Require or result in the construction of new D D D ~ water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Require or result in the construction of new D D D ~ storm water drainage facilities or expansion of existing facilities, the construction of which could cause sianificant environmental effects? Have sufficient water supplies available to D D D ~ serve the projeGt from existing entitlements and resources, or are new or expanded entitlements needed? Potentially Potentially Less Than No Significant Significant Impact Significant Impact Impact Unless Mitigation Impact I ncornoration Result in a determination by the wastewater D D D [g] treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Be served by a landfill with sufficient D D D [g] permitted capacity to accommodate the oroiect's solid waste disDosal needs? Comply with federal, state, and local statutes D D D [g] and reculations related to solid waste? XVII, MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to D D D [g] degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major oeriods of California historv or Drehistorv? Does the project have impacts that are D D D [g] individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of orobable future oroiects)? Does the project have environmental effects D D D [g] that will cause substantial adverse effects on human beinas either directlv or indirectlv? ------------ SOURCE LIST: 1. City of Arroyo Grande General Plan 2. City of Arroyo Grande Land Use Map 3. City of Arroyo Grande Development Code 4. City of Arroyo Grande Zoning Map 5. City of Arroyo Grande Existing Setting and Community Issues Report 6. City of Arroyo Grande General Plan EIR 7. City of Arroyo Grande Sewer Master Plan 8. Air Pollution Control District Clean Air Plan 9. FEMA - Flood Insurance Rate Map 10. Project Plans 11. Site Inspection 12. SANDAG Traffic Generation Rates ENVIRONMENTAL SETTING: The project site is located on the southern most tip of the City of Arroyo Grande. It was recently annexed into the City from the County of San Luis Obispo. The site is separated from a single-family neighborhood to the north by Los Berros Road and Los Berros Creek, and is adjacent to open space to the east, a PG & E substation to the south and agriculture to the west. PROJECT DESCRIPTION: The proposed project includes a remodel and expansion of an existing church, consisting of a new 6,618 square-foot classroom wing, a new 1,585 square-foot commons area and 20 additional parking spaces. EXPLANATIONS TO INITIAL STUDY CHECKLIST IV, BIOLOGICAL RESOURCES The project site was recently annexed into the City, and therefore is not connected to City water and sewer systems. In order to make these connections, the utilities must be installed across Los Berros Creek. The creek is regulated by both the U.S. Army Corps of Engineers and California Department of Fish & Game, and any activity that takes place within the creek must be approved by both agencies. Analysis of Significance: Potentially significant unless mitigated Mitigation Measures: 1. Prior to connecting to City water and sewer systems, the applicant shall secure any and all necessary permits from the U.S. Army Corps of Engineers, California Department of Fish & Game and the County of San Luis Obispo that are required to extend utility connections across Los Berros Creek. VII, HAZARDS AND HAZARDOUS MATERIALS The project site is currently served by two 11,OOO-gallon water storage tanks in case of fire. Based on the City's Municipal Code, this amount of water does not meet adequate fire safety standards for either the existing structure or proposed expansion. Fire safety standards will be met when the project site is connected to the City water system. Analysis of Significance: Potentially significant unless mitigated Mitigation Measures: 2. Connection to the City water system shall be completed prior to issuing a final certificate of occupancy (a temporary certificate of occupancy may be issued), and the connection must be made within two (2) years from the date a building permit is issued for the project. If the applicant is unable to secure the necessary permits and make the connection within this period, the Planning Commission and City Council will review the progress of the connection and determine if an extension of this period is warranted based on the applicant's good faith efforts. XI. NOISE The proposed project would produce short-term noise impacts during its construction. Analysis of Significance: Potentially significant unless mitigated Mitigation Measures: 3. All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. 4. All construction activities shall be limited to the hours of 8:00 am to 6:00 pm Monday through Saturday. No construction shall occur on Sunday. A TT ACHMENT 2 D, CONDITIONAL USE PERMIT 04-002; Applicant - St, John's Lutheran Church; Representative - Bob Gold; LOCATION - 959 Valley Road, The project was presented by Assistant Planner, Ryan Foster. The project includes a remodel and expansion of an existing church, consisting of a new 6,618 square-foot classroom wing, a new 1,585 square-foot commons area and 20 additional parking spaces. This is South of the City on Valley Road, but was recently approved for annexation (last September). The property has been pre- zoned Public Facility. A portion of the church is higher than the 30' maximum, but it is pre-existing. All additions are designed to match the existing structure. Bob Gold was present to make comments and answer questions. He noted they hired the same architect and general contractor that did the original building. On elevation sheet 4, it shows the existing structure on the left and new construction on the right. There's minimal change to the landscaping. When they built the church originally, they focused on the worship area, and they have been struggling with expansion of social area and classrooms since then. The parking lot was designed to add 20 spaces and involves minimal movement of plants. Coastal Redwoods will be retained in landscape islands. The ARC had the following comments and questions: . Could the trees be moved? They probably could, but they have about 12" trunks and are about 50' tall, so it would be difficult. . Was it deliberate not to connect the parking lot to both streets? Yes, due to high-speed traffic of cars that cut through. . Is water the reason for the annexation? Yes, they need water. They have a sewer line extending 413' that will have to cross the Creek. They're working with the Army Corps of Engineers and cA Department of Fish and Game, whose consensus is to go underneath the creek. That will be one of their next projects. So far, they haven't had any problems with their current septic system. . What will the classrooms be used for - preschool or private school? They will only be normal Sunday school classrooms and literacy classes (held twice a week). They debated a preschool, but that's been ruled out. . Chuck Fellows noted that Coast Redwoods are very hearty in terms of re- growth. He suggested one redwood be moved and an island be made larger in order to keep from having to destroy them. (5:00 P.M. Chuck Fellows had to leave.) A motion was made by Jamie Ohler and seconded by Amy Miltenberger to approve Conditional Use Permit 04-002 as submitted, with encouragement of keeping as many Coastal Redwoods as possible. Motion approved: 4/0 voice vote; Chuck Fellows absent. ATTACHMJ::NT 3 B, CONDITIONAL USE PERMIT CASE NO, 04-002; APPLICANT - ST, JOHN'S LUTHERAN CHURCH; LOCATION - 959 VALLEY ROAD, Staff report prepared and present by Assistant Planner, Ryan Foster. This proposal will allow an existing church to remodel and expand an existing church, consisting of a new 6,618 square-foot classroom wing, a new 1,585 square foot commons area and 20 additional parking spaces. Rob Strong received official notification today (letter dated June 4, 2004) that the property has been officially annexed into the City. In regards to parking, during their busiest days (Christmas and Easter), they have used overflow parking on an adjacent field with no problem. The Church does have it's own well and septic tank, but fire sprinklers won't reach required flows until hooked up to City water. Applicant has requested two years to complete hookup, due to permits needed from multiple agencies (US Army Corps of Engineers, CA Dept. of Fish & Game, and County of SLO). The Fire Chief has agreed to this time period. Applicant has requested waiver of Public Works' curb and gutter requirements. Lastly, the site plan includes a columbarium (to house ashes of the deceased). There are state standards for building this, but it is part of the CUP process and won't require future Community Development permits, even though it's not mentioned in the staff report. Parking: Commissioner Brown expressed concern that there looks like there's not enough parking for current 6000 s. f.of assembly area, and now more square footage is being added. He doesn't want to get in a situation where neighbors complain about parking. Ryan Foster explained they don't use both areas at the same time. Rob Strong added that he's worked in jurisdictions where parking is calculated based on the size of the sanctuary only. Also, Los Berros and Valley Road could be used for on street parking, but Planning Commission could require extra parking or make the project subject to parking management. Commissioner Brown favored a provision where after some time, they could review the parking situation and modify requirements as needed. Pastor Randy, of St. John's, noted they have mitigated some of the parking concern by having two services at different times. Also, the sanctuary itself is 65' by 65' (4400 sf, not 6000). Last, the new addition won't be used in "assembly fashion" (side by side); it's instead for classrooms, where seating won't have the same density. Commissioner Brown still wanted a "look back" condition, Commissioner Fowler didn't feel it necessary, and Chair Guthrie was more inclined to restrict seating to 500 seats in the sanctuary in order to restrict parking. Charles Cebulla, Architect, stated they have double the parking that City Code would require - double parking for seating in sanctuary, and the addition won't be as large as 6000 sf. --------- - ---- Delay in hooking up to water and sewer: Commissioner Brown asked Fire Chief Fibich if, from a public safety standpoint, he felt comfortable with the two-year windo w, especially a fte r multiple time extensions with Coastal Christian and their complaining about money to do what was requested. Chief Fibich answered, IIYes, it is a public safety issue - but there are several items which mitigate that concern: 1) there's a fire sprinkler system in the entire building; 2) stored, onsite water would last about 30-40 minutes, depending on the number of heads in the system. In a sprinkler system, when heads go off, they only go off in the area immediately involved in the fire (elements may only melt on two or three heads, which allows water to flow to the area in need); 3) About 600-700 feet from the Church, across the channel at Valley Road, is the last fire hydrant in the City, which will allow for hookup to fire engines. Chair Guthrie asked, since they're dealing with multiple bureaucracies, what if it ta kes more than two years to hook up to City water? Chief Fibich felt if there's a good faith effort being made, staff should try to help with the process. There was no protection at Coastal Christian, as there is here, and fire sprinklers are effective 99% of the time when they are activated. Curb and gutter/ drainage: Chair Guthrie asked why curbs and gutters are necessary when this is such an isolated property. Victor Devens answered that the City is prohibited from allowing stormwater discharge to drain onto adjacent properties. Although he's not sure where the property line ends, the request for curb and gutter is to channel discharge into the adjacent creek. Chair Guthrie asked if the curb and gutter wouldn't just collect water from the street. Mr. Devens replied they are looking for an AC dike to pipe water to the creek, (not necessarily curb and gutter). Chair Guthrie opened the hearing for public comment. Water well rights, and drainage continued: Rob Strong noted on condition number 49, the staff recommendation from Public Works is that in the event the well use is discontinued, water rights be awarded to the City (not to use, but to count as part of domestic supply.) In normal annexation, they ensure water resources are available. This property already draws on the same aquifer as the City. Mr. Devens noted if the well is destroyed, the applicant will need documents from County Health Department stating it was destroyed properly. He also noted pages were missing from distributed copies of the Conditions of Approval. u _ Frank Drake, part of the building task force for the Church, commented they wanted to maintain the well for landscaping purposes, as they have extensive landscaping. Their preference is to maintain utilization of the well. Chair Guthrie clarified that the language is "if for any reason it's destroyed", then water rights would go to the City. It doesn't mandate the destruction of the well. Mr. Drake explained current water flow patterns and a ditch system that currently drains into the Creek. He notes there basically is only sheet flow onto their property (not off onto adjacent properties). Mr. Devens asked if they had an easement for this water flow. Mr. Drake replied he would check, and if they didn't, they would get one. There is a utility easement that runs parallel to Los Berros, which should have been documented in the grant deed they provided to Community Development. Chair Guthrie closed the hearing to public comment. Commissioner Fowler was comfortable with the changes, Fire Chiefs remarks, curb and gutter issues, and parking. Commissioner Brown requested a two-year "look back" provision to review the adequacy of the parking. Commissioner Brown made a motion, seconded by Commissioner Fowler approving Conditional Use Permit Case No. 04-002 and adopting: RESOLUTION 04-1929 A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVE CONDITIONAL USE PERMIT CASE NO, 04-002 FOR PROPERTY LOCATED AT 959 VALLEY ROAD, APPLIED FOR BY ST. JOHN'S LUTHERAN CHURCH With amended language to condition numbers 49 (well), 60 (curb and gutter), and 86 (parking). The motion was approved on the following roll call vote: AYES: Commissioners Brown, Fowler, and Chair Guthrie NOES: None ABSENT: Commissioners Arnold and Keen the foregoing Resolution was adopted this 15th day of June 2004. Following God's Wa!J Saint John's Lutt A TT ACHMENT 4 I .Jam the wa~ the trut , and the life.. July 2, 2004 John 1+:6 City of Arroyo Grande Community Development 214 East Branch Street Arroyo Grande, CA 93421 A TIN: Ryan Foster Dear Mr. Foster: As noted in your letter dated June 22, 2004, regarding Number 49, we were requested to obtain approval for the continued use of our water well for irrigation purposes from the City Council. We hereby request the continued use of our well as noted. If at some future date the well is to be abandoned, it will be done in accordance with the current regulations of that date. At the present time we would like to reserve our water rights, and consider the item negotiable. On page 8 of the CUP 04-002, dated June 15, 2004, Number 52. As required by this item, we hereby request permission for continued use of our private septic system until such time as we are connected to the City sewer system. We have contracted with WRD Engineering to provide improvement plans for City water and sewer extensions. A copy of our contract with WRD Engineering is included herewith. On page 8 of the CUP 04-002, dated June 15, 2004, Public Utilities: Number 54. We consider that the church is in full compliance with this section regarding our property within the City of Arroyo Grande city limits. It is requested that the above items 49, 52 and 54 be included in the City Council's agenda when our project is heard as scheduled on July 27,2004. Thank you for your continued help with our project. Sincerely, ~/d2~ Bob Gold . Design & Building Task Force Saint John's Lutheran Church 959 Valley Road Arroyo Grande, California 93420 (805) 489-1250 Randy OUimette, Pastor Fax (805) 489-8719 Email saintiohnsa~@hotmail.com Web Site saintjohnsag.com WRD Engineering Civil Engineering - Land Surveying 592 South 13th Street Phone: (805) 481-1964 P. O. Box 432 FAX: (805) 481-9146 Grover Beach CA 93483 June 25. 2004 St. John's Lutheran Church Attn: Bob Gold 959 Valley Road Arroyo Grande CA 93420 Subject: St. John's Lutheran Church Addition, Los Berros & Valley Road. Arroyo Grande Dear Bob: Our estimate to provide improvement plans for City water and sewer line extensions to your site is $7,500. This will include a topographic survey of the area between the church site and the sewer and water tie-in locations; design and preparation of plan and profile drawings of the lines; preparation of a site utility plan (no under grounding of existing overhead utilities included); providing specifications and details including on-site sewer pumping facilities; preparation of City required easement documents for City maintained lines; preparation of applications to Fish and Game and Army Corp of Engineers; coordination with you, the architect. and assistance with processing through the City Public Works Department. The above does not include construction staking or inspection; soils reports or testing; flood or drainage studies either on or off-site; archeological or other similar type reports; City checking fees; or Title Company charges. This proposal includes one design configuration based upon initial agency review. However. this proposal may need to be modified if multiple design locations need to be considered. The above figures are not-to-exceed estimates provided the scope of work does not change. We bill monthly on an hourly basis for work in progress. You may deduct 1% from invoices paid within 2 weeks of receipt. A 1 % per month finance charge would be assessed for invoices 30 days or more overdue. Our 2004 hourly rates are: Civil Engineer - $80, Principal Surveyor - $75. Surveyor - $68, Crew Chief - $58, Junior Engineer - $62, Assistant Surveyor - $48, Drafter - $48, 2-Person Survey Crew - $130, 1-Person GPS or Robotic Survey Crew - $95, Clerical - $30. Please return a signed copy of this letter which will serve as notice to proceed. Based upon our current workload, I estimate the time we will need from notice-to-proceed to first submittal of the plans will be 6-8 weeks. Thank you for considering us for this wol1c. Please call ;fyou ~~~~ ~ f.i.tL ~ {Iu;;AJ~ . Approved fa - 2- 7- vi/- ( stj03303 We are licensed by the Califomia State Board of Registration for Professional Engineers and Land Surveyors. This agreement may be terminated by either party upon written notification and payment of anY sums due. ~.__.__.-.- - '-,..- I.b. CITY OF ARROYO GRANDE CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of. the City of Arroyo Grande will conduct a Public Hearing on TUESDAY, JULY 27, 2004 at 7:00 P,M, in the City Council Chambers, 215 E, Branch Street, Arroyo Grande, to consider the following item: CASE NO.: General Plan Amendment Case No. 04-002 APPLICANT: City of Arroyo Grande LOCATION: See Map Exhibit A PROPOSALS: Consideration of a proposed Resolution amending the 2001 General Plan Land Use Map, redesignating the land use of the following two (2) parcels: Assessors Parcel Numbers (APNs) 007-781-055 and 007-781- 056, located on the southeast side of Noyes Road at the northwest edge of the City limits, owned by Castlerock Development, from the current land use designation of Low Density Residenti~1 and Conservation/Open Space Planned Development to Very Low Density Residential and Conservation/Open Space Planned Development. · ENVIRONMENTAL DETERMINATION: In compliance with the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposals are within the scope of the Program EIR prepared for the 2001 General Plan Update because no new environmental effects could occur and no new mitigation measures would be required, pursuant to Section 15168(c) of the CEQA Guidelines. Any person affected or concerned by these City initiated proposals may submit written comments to the Community Development Department at 214 E. Branch Street, Arroyo Grande, California, during normal business hours (8:00 a.m. to 5:00 p.m.) before the City Council hearings, or appear and be heard in support of or opposition to the project and the environmental determination at the time of hearing. THE CITY OF ARROYO GRANDE MAY APPLY ANY ORDINANCES, POLICIES, OR STANDARDS ENACTED OR INSTITUTED AS A RESULT OF THE PUBLIC HEARINGS AND RELATED PROCEEDINGS HEREIN REFERENCED, ON TENTATIVE TRACT OR PARCEL MAPS WITH APPLICATIONS WHICH HAVE NOT BEEN DETERMINED TO BE COMPLETE, PURSUANT TO GOVERNMENT CODE SECTION 664742, IF SAID ORDINANCES, POLICIES, OR STANDARDS ARE IN EFFECT ON THE DATE THE CITY OF ARROYO GRANDE APPROVES OR DISAPPROVES SUCH TENTATIVE TRACT OR PARCEL MAPS. IF YOU CHALLENGE AN ITEM IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARINGS DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARINGS. FAILURE OF ANY PERSON TO RECEIVE THE NOTICE SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO INVALIDATE THE ACTION OF THE LEGISLATIVE BODY FOR WHICH THE NOTICE WAS GIVEN. Ke~~~ Director of Administrative Services/Deputy City Clerk Publish 1T,118 page, Friday, July 16, 2004 -- EXHIBIT" A" (1) MEMORANDUM TO: CITY COUNCIL FROM: TERESA MCCLISH,. ASSOCIA TE PLANNER~ ~(I SUBJECT: CONSIDERATION OF GENERAL PLAN AMENDMENT 04-002; CHANGE IN LAND USE DESIGNATION FROM CONSERV A TIONIOPEN SPACE AND SINGLE FAMIL Y RESIDENTIAL-LOW DENSITY PLANNED DEVELOPMENT TO CONSERVATION/OPEN SPACE AND SINGLE FAMILY-VERY LOW DENSITY PLANNED DEVELOPMENT FOR AN APPROXIMATE 53-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF NOYES ROAD AT THE NORTHWEST EDGE OF THE CITY LIMITS IN THE RANCHO GRANDE PLANNED DEVELOPMENT (1,2), CITY OF ARROYO GRANDE (CASTLE ROCK DEVELOPMENT) DATE: JULY 27, 2004 RECOMMENDATION: It is recommended by the Planning Commission that the City Council adopt the attached resolution to amend the Land Use Element (Land Use Map) of the General Plan to change the land use designation for the subject properties to Conservation/Open Space and Single Family - Very Low Density Planned Development or continue the item per the request of Council Member Dickens. FUNDING: No fiscal impact. DISCUSSION: BackQround: The subject properties affected by the proposal were designated Conservation/Open Space and Single Family Residential - Low Density Planned Development during the 2001 General Plan Update. This land use designation would allow a potential maximum of up to 35 units for the 53-acre property, which consists of two parcels. The current zoning for the site is Single Family Planned Development 1.2 with a maximum of one unit for each parcel for a total of two units. C:\WINDOW5\TEMP\CC sr 04-002.doc 7/23/04 CITY COUNCIL GENERAL PLAN AMENDMENT CASE NO, 04-002 JULY 27, 2004 PAGE 2 OF 4 On April 27, 2004, there was a request by Mayor Ferrara to place the proposal on the next Council Member Items portion of the agenda for consideration. On May 11, 2004, the proposal was formally agendized by unanimous Council action for the May 25, 2004 public hearing that was subsequently continued. On June 8, 2004, the City Council formally initiated a General Plan amendment to consider a change in land use designation for the property from low density (1 dwelling unit per 1 Y2 acres) to very low density (1 dwelling unit per 2 Y2 acres), a difference of potential maximum density of 14 units (Attachment 1). The subject properties are owned by ACG and Sandstone Holding Corporations, are vacant and include a roadside swale for Meadow Creek, areas of steep slope and several areas of oak trees (please refer to Attachment 2 for aerial photo of property). The subject properties have been used for livestock grazing and to store construction items during residential build-out of various tracts in Rancho Grande. PlanninQ Commission Recommendation The Planning Commission discussed the proposal on July 6, 2004 and recommended by a 3-1 vote that the Council adopt a resolution changing the land use designation as proposed (Attachment 3). General Plan Land Use DesiQnation and ZoninQ Considerations The subject properties are within the Rancho Grande Planned Development (PD 1.2) and are designated as the "unplanned areas" within the planned development, along with the property at James Way and La Canada, that is subject to Vesting Tentative Tract Map and Planned Unit Development application 01-001 (commonly referred to as Tract 1998). The total number of residential units allowed within the total PD 1.2 district is 527. The maximum number of residential units allowed for the unplanned areas is 42. As described in the PD 1.2 district, a maximum of up to 40 units were allotted for the VTTM/PUD 01-001 site with two units for the subject properties. During the 2001 General Plan update, consideration was given to the unplanned areas of the PD 1.2 district and the land use designation for the VTTM/PUD 01-001 property was changed from a residential maximum of forty units potentially allowable with the 1990 General Plan to a residential maximum of up to five units, and maximum potential density was increased for the subject property to up to 35 units. (See minutes for General Plan update meetings in Attachment 4). Currently, Castlerock Development is in the process of applying for a revised project of 21 units under a recently resubmitted VTTM/PUD 01-001 application in order to better address constraints identified in the project's Revised Subsequent Environmental Impact Report (RFSEIR) (please refer to Castle correspondence in Attachment 5) . On May 26, 2004, Castlerock Development submitted a Pre-Application for a 35 unit residential subdivision for the subject properties consistent with the land use designation for the 2001 General Plan. However, as the project is in the early pre- cc sr 04-002 Tim's #2 7/23/04 CITY COUNCIL GENERAL PLAN AMENDMENT CASE NO, 04-002 JUL Y 27, 2004 PAGE 3 OF 4 application stage, the applicant will be required to revise the application if a different land use designation is approved by General Plan Amendment 04-002. The subject site is identified as an offsite alternative in the RFSEIR for VTTM/PUD 01- 001. The environmental impacts described for the subject site are generally similar to those found on the VTTM/PUD 01-001 site. Other environmental information for the site is included in the Program EIR prepared for the 2001 General Plan update. A range of land use alternatives is included in the program EIR (page EIR-39-41) from a strict Conservation/Open space designation, allowing a maximum of two (2) residential units consistent with current zoning, to various combinations of Conservation/Open Space and higher residential densities. The 2001 General Plan designation combines the conservation/open space with a Planned Development area for single family residential development for the purposes of retaining natural slopes, drainage and vegetation over the majority of the properties. The subject site is located at the northwest edge of the City limits and is bounded by the open space portion of a single family residential subdivision (Tract 1834) to the southeast; Oak Park Acres residential subdivision to the southwest, which generally allows 1-acre size lots; and San Luis Obispo County Rural Suburban uses to the northwest and northeast, which also generally allows 1-acre size properties. The proposed land use designation for residential density is Very Low Density, which would allow for a maximum of twenty-one (21) units. An alternative for discussion may be to include in the General Plan a land use designation of one (1) dwelling unit/2 acres, which would equate to a maximum of twenty-six (26) units for the subject properties. This maximum density may also be considered appropriate for clustered subdivision proximate to environmentally sensitive land at the edge of the City, thereby providing a transition density to the County rural land use designations. Other properties that may also be considered for this alternative density in the future would be properties on Easy Street that are currently designated Very Low Density residential because of lack of City services. This alternative would require direction to staff to re-notice the General Plan Amendment for the alternative land use designation. The state General Plan Guidelines suggest the following criteria for General Plan Amendments: . The amendment must be in the public interest; . The amendment must be consistent with other parts of the General Plan; . If the amendment necessitates other changes to the plan, those changes must be considered at the same time in order to maintain internal consistency; and . If the amendment necessitates changes in zoning or other ordinances, those changes should be considered within a reasonable time. Public Notice: A public notice regarding the project was published in the Times-Press Recorder on June 23, 2004 and July 16, 2004. Notices were sent to 84 property owners within 300' of the project on June 23, 2004 and July 16, 2004. cc sr 04-002 Tim's #2 7/23/04 CITY COUNCIL GENERAL PLAN AMENDMENT CASE NO, 04-002 JULY 27, 2004 PAGE 4 OF 4 Environmental Assessment Staff has reviewed the project in compliance with the California Environmental Quality Act (CEQA) and determined that the proposal is within the scope of the Program EIR prepared for the 2001 General Plan Update because no new environmental effects could occur and no new mitigation measures would be required pursuant to Section 15168(c) of the CEQA Guidelines. AL TERNA TIVES: The following alternatives are presented for Council consideration: - Modify and adopt the Resolution - Direct Staff to revise the density designation and re-notice General Plan Amendment 04-002 - Do not adopt the Resolution - Provide direction to staff. Attachments: 1. City Council minutes, June 8, 2004 2. Aerial view of properties subject to General Plan Amendment 04-002 3. Planning Commission, July 6, 2004 4. 2001 General Plan Update Minutes pertaining to subject properties 5. Correspondence regarding the proposal 6. Request from Council Member Dickens to continue the item. cc sr 04-002 Tim's #2 7/23/04 RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING GENERAL PLAN AMENDMENT 04-002; REVISE THE LAND USE DESIGNATION FROM CONSERVA TION/OPEN SPACE AND SINGLE -. FAMILY RESIDENTIAL- LOW DENSITY PLANNED DEVELOPMENT TO CONSERVATION/OPEN SPACE AND SINGLE FAMILY-VERY LOW DENSITY PLANNED DEVELOPMENT FOR AN APPROXIMATE 53-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF NOYES ROAD AT THE NORTHWEST EDGE TO THE CITY LIMITS OWNED BY ACG AND SANDSTONE HOLDING CORPORATIONS WHEREAS, the City Council of Arroyo Grande adopted the updated General Plan which became effective on November 9, 2001; and WHEREAS, on June 8, 2004, the City Council initiated a General Plan Amendment to allow for the consideration of a change in land use designation from Conservation/Open Space and Single Family Residential Low Density-Planned Development to Conservation/Open Space and Single Family Residential-Very Low Density Planned Development for two properties on Noyes Road in the northwest edge of the City (APN 007-781-056 and 007-781-055); and WHEREASJ the Program EIR prepared for the 2001 General Plan update evaluated environmental impacts for a range of alternatives for the Noyes road properties; and WHEREAS, after consideration of all testimony and all relevant evidence, the Planning Commission recommended that the City Council adopt a resolution approving General Plan Amendment 04-002; and WHEREAS, after consideration of all testimony and all relevant evidence, the City Council has determined that the following General Plan Amendment findings can be made in an affirmative manner: 1. The proposed amendment to the 2001 General Plan land use element designation provides consistency with the goals, objectives, policies and programs of the general plan including: . Policy LU2-2 to ensure that all residential hillside development, regardless of density, does not excessively intrude on the natural slope and terrain of the hillside, including density that is commensurate with the steepness of slope and discouraging excessive use of retaining walls, intrusive grading and removal of native oak trees . Policy LU 1 0-1 to ensure that the Conservation/Open Space combining designation is used with land use and development standards to mitigate potential impacts of development, for areas of special site development concerns; RESOLUTION NO, PAGE 2 . Policy LU10-2 to ensure that the PD designation is used for relatively large properties or sites involving diverse adjoining land uses or unusual or unique features; . Objective LU11 and all related policies and implementation measures for growth management for ensuring that patterns of land use protect the integrity of existing land uses, area resources and infrastructure and involves logical jurisdictional boundaries with adjacent communities and the County; . Consistency with the LU (Fringe) 1 -Fringe and Urban Area land use policies requiring adequate groundwater resources and sewage disposal for sloping and clay type hillside soils in addition to consideration of higher fire hazard and marginal response times for adjacent Arroyo Grande Fringe properties; and 2. The proposed amendment will not adversely affect the public health, safety, and welfare; and 3. The potential environmental impacts of the proposed amendment are considered and analyzed in the Certified Program EIR for the 2001 General Plan Update and are considered insignificant as the change in land use designation reflects alternatives considered for the General Plan update, includes a lower intensity of land use and will have no potential environmental impacts. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves General Plan Amendment 04-002 to amend the Land Use Element (Land Use Map) with the above findings by directing the following: The land use category for the following property shall be redesignated to Conservation/Open Space and Single Family Residential-Very Low Density Planned Development: Assessors Parcel Numbers (APN) 007 -781-056 and 007 -781-055, generally located on the south side of Noyes Road at the northwest edge of the City Limits. RESOLUTION NO, PAGE 3 On motion by Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this day of 2004. _.~-~-----._-_._._- RESOLUTION NO. PAGE 4 TONY M, FERRARA, MAYOR ATTEST: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J, CARMEL, CITY ATTORNEY .. .- ______ r"'Iol_______1 .--__._._~____... __-" _______ .......,_ ............. A TT ACHMENT 1 CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 8, 2004 PAGE 3 10. CONTINUED BUSINESS 10.a. Consideration of Initiating a General Plan Amendment for Property Located on Noyes Road (APN's: 007-781-055 & 007-781-056) Planned Development (1.2), City of Arroyo Grande (Castle rock Development). Community Development Director Strong presented the staff report and responded to questions from Council regarding the site's previous designation prior to the 2001 General Plan update, whether the owner had come forward with development plans, and clarification regarding PD 1.2. Mayor Ferrara explained that what he was asking the Council to consider and approve would be to allow staff to initiate the General Plan Amendment process that would reduce the density for the property from Low Density to Very Low Density which would allow for a maximum of up to 21 homes. He stated this process would allow the Planning Commission to hold public hearings. study the issue, and perhaps make new recommendations. He stated this site is both visually and environmentally sensitive, is on the City's fringe. and not in the City's core. He commented that if the City continued to honor and abide by smart-growth principles. there seems to be a conflict in terms of approach. He said there could be some planning deficiencies that need to be revisited with regard to traffic and infrastructure and this process would give the City a chance to consider cumulative traffic impacts in the area that have occurred over the past three years. He concluded by asking Council for support in initiating this process. Council Member Dickens stated that during the 2001 General Plan update process. he had concerns about the ultimate designation of this parcel due to the unknown environmental impacts, Meadow Creek, and traffic and circulation cumulative impacts. He concurred with Mayor Ferrara's concerns and supported his request. In response to a question by Council Member Costello, Director Strong explained the effects the processing of a General Plan Amendment would have on the applicant's options and processes. Council Member Costello agreed that it would be prudent to look at cumulative impacts on the site. He supported the Mayor's request. Council Member Runels expressed concerns about reducing density due to the need for more homes in the City. He said he could not support the request. Mayor Ferrara opened the item for public comment, and upon hearing none, he closed the public. comment period. . Mayor Ferrara moved to direct staff to initiate public hearings to .consider a General Plan Amendment, for an approximately 53 acre property located on the southeast side of Noyes Road at the northwest edge of the City limits, which is currently designated Low Density Residential and Conservation/Open Space Planned Development. Council Member Dickens seconded City Attorney Carmel asked for clarification as to the specific proposed change in General Plan designation for purposes of providing the public with adequate notice. Mayor Ferrara stated that he proposed to initiate an amendment to change the current General Plan designation to Very Low Density and Conservation/Open Space Planned Development and amended his motion accordingly. Council Member Dickens seconded the amended motion. and on the following roll- call vote: -.- --~-~._--""'- -~-- CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 8, 2004 PAGE 4 AYES: Ferrara, Dickens, Costello NOES: Runels ABSENT: Lubin There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. 10.b. Consideration of Implementation Plan for Code Enforcement Program Changes. City Manager Adams presented the staff report and recommended the Council approve the proposed implementation plan for changes to the City's code enforcement program. Council Member Dickens stated he had one concern that has not been addressed. He said the community has one point person to address all issues. . He stated he would like to see a formal system in place for the public to know who to contact regarding code enforcement issues. He liked the idea of a task force and supported the expanding the citation authority process. City Manager Adams stated that concerns expressed by Council Member Dickens would. be addressed in two ways: 1) Public education efforts, and 2) A part-time position dedicated for the purpose of code enforcement administration. He explained that the part-time position would be assigned to the Building and Fire Department. Council Member Costello inquired about citation authority. Chief of Police TerBorch explained the current structure for citation authority. Mayor Ferrara opened the item for public comment and upon hearing none, he closed the public comment period. Council Member Runels moved to approve the proposed implementation plan for changes to the City's code enforcement program and to direct staff. to prepare the necessary action items. Council Member Costello seconded the motion, and on the following roll-call vote: AYES: Runels, Costello, pickens, Ferrara NOES: None ABSENT: Lubin There being 4 A YES and 1 ABSENT, the motion is hereby declared to be passed. . . Mayor Ferrara called a break at 8:00 p.m. The Council reconvened at 8:05 p.m.. 11. NEW BUSINESS Mayor Ferrara declared a conflict of interest due to ownership of real property near the proposed project and stepped down from the dais. He designated Council Member Costello as the Presiding Officer for Item 11.a. 11.a. Consideration of Temporary Use Permit 04-007; Authorization to Close Courtland Street Between Raspberry and Ash Streets for "Jasmine Place" Grading Operations, Storm Drainage and Utilities Installation; S&S Homes. -~--- .- / \ ./ " \., .:~ ." / \: ...~ ~. - - -.~" ~ "'--r ',' , 'Ii t. "J -~ /:--------- ~ ..~. / ~ ... . , '. ,/ -~ .i.""tj.I,. . - / , t --~~~ ~, 1 !' ~ . " .' , :'x . ~- l..:, f\ 'i . ~ ~, ,'''' \ -. _\::~:" \"" I '~, .- ' -;; , ~' '''~~ ',' f ,:~ '\, ">,, " ATTACHMF.:NT 3 MINUTES CITY OF ARROYO GRANDE PLANNING COMMISSION JULY 6, 2004 - 6:00 P,M, CALL TO ORDER - The Arroyo Grande Planning Commission met in regular session with Chair Guthrie presiding; also present were Commissioners Arnold, Brown and Fowler; Commissioner Keen was absent. Staff members in attendance were Community Development Director, Rob Strong, Associate Planner, Kelly Heffernon, and Planning Intern, Andrea Koch. AGENDA REVIEW: No Changes APPROVAL OF MINUTES: No Minutes. I,A, ORAL COMMUNICATIONS: None B, WRITTEN COMMUNICATIONS: 1. Fax received July 6,2004 from Dennis Law, Andre, Morris & Buttery, re proposed GPA 04-002 for Noyes Road property (Public Hearing Item !l1.A.) II,A, MINOR USE PERMITS APPROVED SINCE JUNE 29. 2004 - SUBJECT TO 10- DAY APPEAL: 1. Viewshed Review 04-011 Ernie Ped 651 Mulberry 2nd story addition. J. Bergman Lane 2. Viewshed Review 04-010 Ray & Kathleen 252 N. Elm .2nd story addition. J. Bergman Valdez Street The Commission had no concerns. Mr. Strong stated the Minor Use Permits would be approved after a ten-day appeal period. III, PUBLIC HEARINGS: A. GENERAL PLAN AMENDMENT CASE NO, 04-002; APPLICANT - CITY OF ARROYO GRANDE; LOCATION - NOYES ROAD, Staff report prepared and presented by Associate Planner, Teresa McClish. Mr. Strong presented the staff report, Ms. McClish being absent. He explained that the Commission were to review a City Council initiated General Plan Amendment (GPA) to consider change of land use designation from Conservation/Open Space and Single Family Residential-Low Density Planned Development to Conservation/Open Space and Single Family Residential-Very Low Density Planned Development, affecting approximately fifty three (53) acres at the northwest edge of the City on Noyes Road. He then stated the highlights of the report; stated that this GPA would cause a reduction in the maximum number of units allowed from 35 to 21; the pre-application had not yet been submitted to the Commission, but had been reviewed by the Staff Advisory MINUTES PAGE 2 PLANNING COMMISSION JULY 6, 2004 Committee; on July 19, 2001 the Commission recommended on a 3/2 vote for Conservation/Open Space on this parcel (for one dwelling unit per parcel). Mr. Strong answered Commission questions re the staff report. Chair Guthrie opened the hearing to the pubic. Dennis Law, Attorney representing Castlerock, addressed the contents of the letter he had submitted to the Commission stating that it appeared that the proposed action had come from their submittal to the City of a preliminary application for Tract 2651 (a 35 residential unit). Chair Guthrie closed the hearing to public comment. Condensed Commission Comments: Brown: . He had no problem moving forward with the amendment as discussed given the information and his previous vote (which was for a lower density). Fowler: . Stated this was a perfect place for clustered development as it was in an area with the same density and a road was available. She had voted against the open space designation before and would not vote for a change now. Arnold: . He could vote for 21 units as long as they were in a clustered type development (as 35 was too high). Guthrie: . He did vote for lower density before and even though things may have changed this parcel was a long way from public services; he could support a change in the GPA for the 21 units. Commissioner Brown made a motion, seconded by Commissioner Arnold to amend the General Plan Land Use from Conservation/Open Space and Single Family Residential- Low Density Planned Development to Conservation/Open Space and Single Family- Very low Density Planned Development for an approximate 53-acre property located on the south side of Noyes Road at the northwest edge of the City Limits owned by ASCG and Sandstone Holding Corporations with an amendment to: . Include a clustered planned development of a maximum density up to 21 units. AYES: Commissioners Brown, Arnold and Chair Guthrie NOES: Commissioner Fowler ABSENT: Commissioner Keen A TT ACHMENT 4 ARROYO GRANDE PLANNING COMMISSION MINUTES FOR GENERAL PLAN UPDATE HEARING July 19, 2001 PAGE 6 Single Family Residential Low Medium Density, with a Planned Development combining designation to encourage cluster residential planned development of approximately 25 du and including possible expansion of Soto Sports Complex or private park and recreation/ponding basin potential. Area eleven . East Grand Ave Mixed Use Corridor Boundaries (and adjoining residential area density determinations) To retain the single family residential, medium density classification for the subdivided, developed areas north and south of the east Grand Ave. mixed use (former . General .Commercial classified properties), except Alderhouse and two adjoini.ng lots on Alder St. The site specific exception would be reclassified from Senior Housing and Single Family Residential to Multiple Family Residential, very high density with a Planned Development combining designation (the exception being a refinement evolving from FEIR response to comments) The Planning Commission recommendations on the remainder of the Land Use Study Areas 2,4,5,7 and 12 were accomplished by separate roll call votes for each of the following areas and subareas: Area two Rancho Grande at Noyes Road: The 53 + /- acres composed of two parcels should be reclassified from Planned Development to Conservation/OpenS pace , allowing 1 du per parcel rather then with Planned Development combining designation allowing up to 35 du maximum. Vote 3-2: With Brown Guthrie and Costello for and Fowler and Keen opposed. Area four Royal Oak Estates: Reclassify from Planned Development to SFR-LD-PD and C/OS, single family residential low density with planned development combining designation allowing a maximum of 20 du at one du per 1.4 acre, exclusive of the tree preservation easement area shown as C/OS. Vote 3-2: with Fowler, Keen and Guthrie for and Brown and Costello opposed. . Area five Prinz. Noyes and Oak Park Roads- Northern Sphere of Influence (SOl): Exclude entire SOl area outside current city limits from city's urban reserve and request county referral to city council of all development proposals, subject to county LUE amendment to require minimum parcel size of 2.5 acres per dwelling unit. Revised the prior proposal to retain this as 35 acres within SOl adjoining Highway 227 for potential Single Family residential, tow density planned development subject to annexation. Vote: 5-0 Guthrie, Brown Keen, Fowler, and Costello for, none opposed. Area seven Village Mixed Use Boundaries and Uses: This Land Use Study Area was discussed by geographic sub-areas and includes several controversial property owner requests for reclassification: ......_._. Special City Council Meeting October 3, 2001 Page 8 Development Permit approval (Development Code Section 9-03-160). In addition, where affordable housing is proposed in a Mixed Use designation, density incentives exceeding 25% may be considered." There was consensus of the Council to approve staffs recommendation. Consultant Strong reviewed responses to public comment and stated that there were no land use designation changes to the Land Use Element Map or substantive changes to the policies. Mayor Pro Tem Ferrara stated he had some suggested wording changes in the General Plan Elements, as follows: Take out "an" on Page LUE14, LUg - "Provide for aR appropriate maintenance, development...." . Council concurred. Add "CEQA review" and omit rest of sentence on Page LUE17, LU11-3.3 - "...Any project that would degrade the Level of Service at the peak hour per City circulation policies will require CEQA review a Statement of Overriding Considerations or CEQA findings. Council concurred. Mayor Pro Tem Ferrara referred to Page CE9, CT5-6.2 and stated he was not sure it needed to remain as a General Plan Policy. Discussion ensued regarding Project Study Reports, funding plans for projects; and the roles of County of San Luis Obispo, Caltrans, and SLOCOG in reviewing regional projects. Following discussion, Council reached consensus on the following revision to CT5-6.2 as follows: CT5-6.2 - Request that the County, Caltrans, and SLOCOG consider proportional participation in Los Berros, EI Campo, Traffic 'Nay, Fair Oaks, Valley and Halcyon Road improvements bet'.\'een Highway 1 and Froo.....ay 101 proiects involvinq reqional traffic impacts. Consultant Strong indicated this was the opportunity for the Council to clarify or revisit any other issues. Mayor Lady stated he would like to readdress Land Use Areas 7Eb - East Myrtle, East . Cherry and East Cherry Extension East of Noguera Place South of Arroyo Grande Creek, Including Lierly Lane; 7Sb - South of East Cherry Avenue, East of Traffic Way; and the Vanderveen property off of Branch Mill Road. Mayor Pro Tem Ferrara stated he would like to readdress Land Use Area 2, Rancho Grande/Noyes Road. Mayor Lady referred to the 10+ acres on East Cherry and suggested an alternative land use. He suggested a changed use from agriculture to a Planned Development with an agricultural buffer, with the agricultural portion to be for non-pesticide farming uses. He Special City Council Meeting October 3, 2001 Page 12 providing for an agriculture buffer to the southeast and Conservation/Open Space along Arroyo Grande Creek to the north and east. Mayor Lady stated he could support that recommendation. Following discussion, it was determined that consensus had already been reached on this land use area, and there was no change. Council Member Dickens returned to the dais. Mayor Pro Tem Ferrara referred to Land Use Study Area 2 - Rancho Grande at Noyes Road and requested reducing the density due to potential encroachment on the hillside. He stated he would not favor a retaining wall on Noyes Road and due to the geophysical constraints of the area, 35 units is much too dense. . Discussion ensued with regard to Environmental Impact Reports (EIRs) and the nature and topographical features of the area. Council Member Lubin and Mayor Lady shared concerns expressed by Mayor Pro Tem Ferrara; however, the stated designation allows "up to" a maximum of 35 units and the EIR would address environmental issues with regard to the property and the Council could make a determination with regard to the number of units. Council Member Runels agreed. Following discussion, there was majority consensus to leave the classification as Planned Development (PD) designation allowing up to 35 dwelling units. Council Member Runels referred to the Circulation Element, Objective CT2 and asked for further clarification and explanation. Consultant Strong referred to the first page of the Circulation Element, Objective CT2 and explained that policies CT2-1, CT2-2, CT2-3, and CT2-4 identify future evaluations and considerations and what happens if it is impossible to attain or maintain LOS 'C' in the future. He explained that Policy CT2-4 suggests the City should periodically review the LOS policy and actual system performance to identify model deficiencies and consider programs, mitigation measures and/or policy revision and refinement. 6. AUTHORIZATION TO CONTRACT FOR TELEVISING THE CITY COUNCIL MEETING ON OCTOBER 9. 2001 . Staff recommended the Council authorize the City Manager to contract for services and allocate $600 for televising the City Council Meeting on October 9, 2001, if adoption of the General Plan is continued to that meeting. Council Member Lubin moved to authorize the City Manager to contract for services and allocate $600 for televising the City Council Meeting on October 9, 2001, if adoption of the General Plan is continued to that meeting. Mayor Pro Tem Ferrara seconded the motion. The motion passed 4-1 by voice vote, with Council Member Runels dissenting. ---..- ------ - - -- 2.) Rancno Grande - Naves Road .. I .. Existing Condition~ Prior Plans and Regulations t This remaining undeveloped 53-acre property is part of the Rancho Grande PD shown as Planned Development/Specific Plan on the 1990 General Plan, It is zoned PD 1.2 and shown on the Rancho .Grande.$:onceptual Master Plan as two parc~ls that are part of "unplanned PD areas", - The EIR for the PD indicated 5 units on each parcel but the PD allows 1 unit per parcel unless rezoned, The 2000 draft map indicated Open Space and Low Density Single Family for the undeveloped area, but other single-family densities and open space configurations may'be - appropriate, Adjoining lots to the south In the City are generally l-acre while County areas to the west and north are Residential Suburban also allowing 1-acre lots. , ImfJ8.cts or tlJe Proposed General Plan . These 53-acres contain two parcels of relatively steep slopes, mostly vegetated, traversed by several drainage ways and relatively undisturbed wetland. The sites have not been surveyed or - evaluated but would be subject-to a project EIR with any proposed Planned Development. The range of lan.d use and planning considered reasonable for this property range from 1 to 53 dwelling units, all subject to Planned Development approval. Environmental impacts would be ,~ expected to be proportional to development intensity and amount of property disturbed for construction, Population and housing would range from a minimum of 6 residents if only one house were allowed on each of the two existing parcels to approximately 159 if 53 single-family ! dwellings were developed on the 53 acres. The proposed plan Includes a maximum of 35 dwellings which would accommodate -approximately 105 residents. The relatively steep slopes composing the eastern half of the property are considered high !~ landslide and slope stability risk while the relatively level areas traversed by ~rainage and wetlands are potential liquefaction and settlement risk areas. . In either event, Planned Development would require site-specific geotechnical and soils evaluations and engineering to J mitigate geophysical concerns prior to grading and construction. Water resources for increase of potential development is a cumulative impact issue affecting this property, currently limited to two dwellings. If development were proposed on the lower flatter portions of the property, flood control and drainage would require site engineering to mitigate these potential impacts. One ~ potentially significant impact associated with grading and drainage would be the degradation of surface water quality due to siltation from disturbed hillsides draining into downstream Meadow Creek and extremely sensitive Pismo Lagoon. Prior developments have not adequately mitigated ~ erosion and siltation impacts which will require better design and construction to prevent permanent degradation of these important resources: On-site ponding and siltation basin maintenance are two recommended methods for surface water quality mitigation. The potential ~ for a project with up to 35 dwellings, would genera"te approximately 10 Ibs per day of air quality . emissions but less than 2S Ibs per day, the "screening-level" criteria. Some project mitigation measures to reduce vehicle trips and travel distance would be appropriate, but low-density , residential development is Inherently automobile oriented, a pa.ttern already established by adjoining existing urban and Residential Suburban uses. A 35 home project if proposed would add approximately 350 trips. to the local and regional street system and require traffic study with 20 or rytore peak hour trips expected. Traffic mitigation measures would be determined by I project EIR. . Biological resources of the undeveloped property have not been surveyed but are expected to I include Coastal Oak woodland and chaparral on the hillside and Riparian woodland and wetlands on the Noyes Road valley floor, Sensitive plants such as Pismo Clarkia, and Well's Manzanita may be found on this diverse residual area at the northwest edge of the City, Energy and Mineral I . EIR - 39 ~"._.._"_.~ ..-"'-..--.. 11 u_ :J R~urces are not apparent concerns regarding this property. As noted above, slope stability and "" landslide hazards are hillside development risks while flooding, liquefaction and settlement are " I hazards affecting the relatively level portions of the site, Fire hazard due to Oak Woodland and '." chaparral interface with existing and potential residential developm~nt is an additional hazard, particularly due to marginal fire. response time from the City's fire station, approximately six i minutes away, Noise is not a potential impact issue on this property at the northwest edge of the City except during short-term construction activity, Public services such as fire and police are least efficient at the edge of the City and currently overcapacity school facilities will require student transportation to all grade levels since none exist in this part of the City, The cost- I benefit of residential development, particularly low density development at the edge of the City, would be expected to be adverse, including water, sewer, storm drainage and g~rbage service as well as schools. I Although Planned Development for low density residential would be subject to design review and special site planning, and aesthetically attractive cluster development screened from adjoining I areas would be expected, the conversion of natural open space to urban use would be a degradation of existing natural scenic character. The alternate potential for conventional subdivision would be much more detrimental aesthetically, however, as roads, building sites and yards associated with large lots if evenly spread over the site would cause removal of most I "natural vegetation and become visually prominent from Noyes Road as well as adjoining existlng residential areas. Cultural resources of this undeveloped property have not been surveyed and impacts on possible 0 archeological areas are thus unknown; Planned Development would require site evaluation to determine possible impacts and appropriate mitigation measureSi including avoidance by cluster I " . design. The recreation impacts of potential Planned Development would be off-set by prior dedication of a public park site, payment of park fees, provision of proposed recreational trails traversing the property and possible on-site private recreation commons. The PD .would extend equestrian and multi-purpose trails to the edge of the City to eventually connect with County I trails in Residential Suburban Fringe Area or along County road rights-of-way, Park and recreation facilitie~ will be provided ~y the City at Rancho Grande Park, already programmed for improvement. Conclusion: Any Planned Development would require project EIR. I Alternatives, Evaluations and Explanations: a. Create a PD classification similar to the 1990 plan; I b, Classify as Conservation/Open Space and enable one house on each existing parcel or allow consideration of 1 dU/5 ac. or lq ac., implying 5 to 10 houses with PD approval; I Classify as SFR-VLD-PD to enable consideration of a very low-densitY, single-family c. residential planned development not to exceed 1 du/2.5 acres, enabling up to 21 units; . I d. Classify as SFR-LD-PD to enable consideration of a low density single family residential planned development not to exceed 1 du/1.S acres enabling up to 35 units, or" 1 du/ac. I enabling up to 53 units; and, e. Classify as SFR-LM-PD and CIOS to enable consideration of a LM Low Medium-density single-family residential planned development on the most developable portions of the ! site, requiring Conservation Open Space on the bulk of the slopes, drainage and vegetated areas. This might enable 53 units or more, depending on the proportion of prop~rty classified C/OS versus SFR, I EIR "- 40 I '-'--'~ -- I I J The 2001 General Plan Update proposes alternative 'd' SFR-LD-PD Single Family Resi~ential- Low Density (Hillside) Planned Development and Conservation/Open Space combining designations to retain natural slopes, drainage and vegetation over the majority of both J parcels. Planned Development would allow maximum of 1 du per 1.S acres and encourage cluster residential and open space up to 3S units. ) Although the General Plan Update classification as SFR-LD-PD and C/OS combining designation ~ implies a potential for up to 35 dwelling unit residential planned development, that would require a PDzoning amendment and prerequisite project EIR to implement. (Current PD1.2 allows one dwelling per parcel). This is tlie basic mitigation measure for General Plan Update. Until site ~ specific and project specific analysis is provided by the required EIR, the maximum development would be limited to 1 dwelling per parcel, Regarding alternatives, the Update attempts to avoid use of the PD General Plan classification as ~ it does not identify intended use without research into zoning and Development Code provisions. The CjOS-PD, Conservation/Open Space Planned Development classification alone would be an environmentally superior alternative, allowing one dwelling per parcel or 1 du per 10 acres ~ allowing S . dwellings or 1 du per. 5 acres allowing 10 units maxi~um, subject to PO zoning amendment. Fewer units imply less disruption to the natural environment and more opportunity for avoiding sensitive resources with cluster residential Planned Development. The classification - as SFR-YLD-PD, while reducing potential maximum Planned Development to 1 du/2,5 acres or approximately 21 dwellings, also implies possible conventional subdivision into 2.S acre "equestrian estate lots", If Planned Development does not require cluster residential and substantial portions of the property to remain as natural hillside and wetland, then the lower - density could actually increase potential impacts due to greater site area disturbance. Lower density may also be less feasible due to required urban improvements for streets, access driveways, trails, underground utilities, drainage and siltation basin, recreational commons and - other residential amenities. The additional alternatives of SFR-LD-PD at 1 du/acre or SFR-LM-PD and Conservation/Open Space on the sloping and wetland areas of the property; enabling 53 dwelling units or more would require General Plan amendment as well as PD rezoning to exceed - the 3S dwelling unit maximum prescribed by the Update, This higher density residential Planned Development may be evaluated as an alternative in the project EIR, but the City anticipates that the cluster concentration and design involving more than 35 dwellings would be inconsistent with - "rural character" objectives of the. General Plan. The higher intensity development also appears to exceed the intent of the original Rancho Grande master plan and development agreement' which provided for a total of 527 dwelling units. . In any event, the on-site environmental resources, irreversible changes and growth-inducing impacts or- more than two dwellings must. be evaluated by project specific EIR prior to implementation of the SFR-lD-PD and CjOS dev~lopment potential. .. 3.) Rancho Grande -La Canada . . . Existing Condition~ Prior Plans and Regulations . This un-subdivided 26.6-acre, vegetated canyon and ridge adjoining single family subdivisions to ., the northwest and southeast is part of the Rancho Grande Planned Development on the 1990 General Plan, zoned PD 1.2. "The Rancho Grande Conceptual Master Plan implied a 40-unit clust~r residential subdivision for a central portion ofthis parcel with the perimeter shown as open space. The 2000 .land USe PolicY draft map showed this parcel as Open Space/Restricted, -- normally applied to public owned property or Involving open space. easement or similar land use restriction. There is a proposed Vesting Tentative Tract Map 1998 (V1TM) application als~ . EIR - 41 -- < --.--.-. . . ._--. _.-. - - ._--- - ----~--- -- . ., --._-- --- ..- .. " -........ ...... ,_, _~._,,,~.,",,,,~,,""".:&"n'....~.___. ~.~,~_ ..> - JUL-12I7-21211214 13:52 CASTLEROCK ATTACHMENT 5 I~ I D EVE LOP MEN T July 7,2004 Mr. Rob Strong Community Development Director City of Arroyo Grande 214 E. Branch St. Arroyo Grande, CA 93421 i" Dear Mr. Strong 1 am following up on our discussion:regarding shared density between Tract 1998 and T~'12651, specifical1y our concept of dividing the density in half, a 21/21 split so to speak. As 1 have thought about it, the concept of shared density arises in a couple of different contexts. First, Tract 1998 is nearing finalization. As the City considers the environmental impacts, mitigation measures and project altelnatives for Tract 1998. Tract 2651 may be seen as a viable location [Q satisfy some of Tract 1998.'s project objccti vcs, Sc:cond, although Tract 2651 is still in the very preliminary stages of processing, reducing density from 35 units (allowed under the current general plan designation) would be a means of anticipating and thusly reducing potential environmental impacts on Tract 2651. It would also resolve the potential inconsistency arising from the City's proposal to down zone the property so soon after up zoning it in the 2001 general plan process. Perhaps wc could arrive at a development agreement, the objective of which would be to develop two housing tracts mat equally dividc the 42 unit density into two 21 unit projects. The benefit for both entities would be a development process based upon sound planning principles, detailed environmental analysis, and utilization of the McHargian mt.1hod of establishing the most appropriate building areas. The outcome would very likely be lessoned impacts in every catcgory from biological to aesthetic on both s;tes. It is possible that some fonn of agreement could be used to memorialize this approach, perhaps. even a development agreement that is somehow attached to the original Rancho Grande development agreement thereby amending that agreement to assure the remaining 42 units be constructed on Tract 1998 and Tract 2651 (Noyse Rd). 'This would be logical considering that the 527 unit cap stated in the original agreement would remain intact. If this prospect makes sense Castlerock Development is prepared to assign staff to coordinate with the Planning Department to draft the basic outline of an agreement. ~exelY, t Post-It" Fax Note ,~~. Dean Coker, Senior Planner ~ To cg $16:1\1 Castlerock Development CoJDept . Phone # Fvn A CtJifuT7Iill CDrporllrioll <'02 H3 Tank Farrn Road ... San Luis Obispo, C.alifornia 93401 ... Lie. No. 730788 ... (805) 546-8100 ... Fax (805) 549.8419 ...............-- ~ ~. , ANDRE, RECE~'::;D PETER R. ANDRE (1918-2(00) MICHAELJ. MORRIS MORRIS JUL 0,7 2004 JAMES c. BUTIERY BUTI'ERY DENNIS D. LAW J. TODD MIROLLA A PROFESSIONAL LAW CORPORA110N CITY OF ARROYO GR'I,NDE SCOTT W. WALL COMM! J\'\T'{ nr.:\ 1-':100:" '-:,,- DEPT MARY E. McALISTER . ".JII !.h....__.,' .....,,1 _., KATHRYN M. EPPRIGHT KEVIN D. MORRIS WILLIAM V. DOUGLASS July 6, 2004 JEAN A. ST. MARTIN USA laBARBERA 10KE MEUSSA M. M<'<;ANN BETH A. MARINO 1102 Laurel Lane Post Office Box 730 San Luis Obispo, CA 93406-0730 Via Facsimile & V,S, Mail Telephone 805.543.4171 Facsimile 805.543.0752 2739 Santa Maria Way, Third door Teresa McClish Post Office Box 1430 Santa Maria, CA 93456-1430 City of Arroyo Grande Planning Department P. O. Box 550 214 E. Branch Street Arroyo Grande, CA 93421 Re: Ptoposed Genetal Plan Amendment for Noyes Road Property (APN Nos, 007-781-055 & 007-781-056) Dear Ms. McClish: This letter is presented to you on behalf of Castlerock Development in connection with the item on your meeting agenda for July 6, 2004 regarding the above-referenced general plan amendment. The net effect ofthe proposed action will result in the reduction in allowable density ITom the maximum that is noW allowed of 35 residential units down to a revised maximum of 21 residential units. The proposed action came about following Castlerock's submittal to the City of a preliminary application for Tract 2651, a 35-unit residential subdivision. The only property that is the subject of proposed action is Tract 2651. Tratt 2651 (fonnallyreferred to as lots 10 and 11).Was the subject of a land use reclassification in the City's most recent General Plan update in 2001. Prior to the 2001 General Plan update Tract 2651, then known as lots 10 and 11, had a maximum density of two residential units. Through the City's own initiative it increased the allowed density to 35 units, which is the density that exits today. The pending application for Tract 2651 is consistent with and follows the City's plan as was brought about through the 2001 General Plan update. During the 2001 General Plan update the City also initiated a request to change the density on the property known as Tract 1998. This change reduced the density ITom 40 units to five units. The City's requested change was made even though Tract 1998 was incorporated into the Rancho Grande Master Plan at a density of 40 units and even though Castlerock was in the midst of processing a vesting tentative tract map that was consistent with the Master Plan. Castlerock objected to the reduction in density on the basis that it was inconsistent with the F:\NET\C\CaSt1c1 IIItr]mcclish 7-60-04.doc ANDRE, MORRIS BUTTERY A PROFESSIONAL LAW CORPORATION Teresa McClish July 6, 2004 Page 2 MasterPlan and with the processing dfTract 1998. Despite Castlerock's objections, the City reduced the density of Tract 1998. Tract 1998 has continued to be processed solely because under applicable State law the City is required to process Tract 1998 based on the rules that were in place prior to the 200 I General Plan update. During the environmental review process for Tract 1998 the Draft Subsequent Environmental Impact. Report (DSBIR)'1W'aluated 10ts.lO and 11(referred to tltereinas the Noyes Road Alternative) asptospective altern:ative development sites for the project that was proposed for Tract 1998. Although Castlerock objected to this alternative analysis, the City proceeded with this analysis and, in fact, concluded that the Noyes Road Alternative was a superior site in relation to Tract 1998. As you know, following the City Council's certification of the Revised FSEIR, the City and Castlerock have yet to bring Tract 1998 back to your commission and to the City Council to determine the final project configuration and conditions of approval. In other words, the impacts, mitigation measures and project alternatives, including the Noyes Road alternative, are still unresolved in terms of describing and conditioning Tract 1998. For obvious reasons, Castlerock objects to the proposal to amend the General Plan by reducing the density on Tract 2651. Castlerock's objection is both policy oriented and legally based. From a policy orientation, the proposed action reflects deficient long-range planning and inconsistent planning objectives. From a legal perspective, the proposed action is unlawful. The actions by the City involve a series of density reductions; each involving reclassifications of Tracts 1998 and 2651 following tract map applications. The pattern: suggests discriminatory motives and indicates an unconstitutional lack of rationality. For both policy reasons and legal reasons, Castlerock objects to the proposed general plan amendment. Having said this; Cast\erOCk expresses its willingness to wor~ with the Gity on a plan of development that coordinates the development of Tract 2651 and Tract 1998. This can be done in the context of finalizing Tract 1998 and developing a plan of development that takes into account reasonable density located on Tract 1998 and in conjunction with the utilization of Tract 2651 as a project alternative for placement of comparable density. A coordinated effort such as this is an appropriate and, in fact, suggested approach to development as a part ofthe environ:mental review process involving Tract 1998. Castlerock is fully committed to participating in the give and take involved in finding a way to meet project objectives and at the same time reasonably address environmental concerns. F:\NETlClCastIeIIlItr]mcclish 7:.ti-04.doc _.~_.~.._-- ~ ANDRE, MORRIS BUITERY A PROFESSIONAL LAW CORPORATION Teresa McClish July 6, 2004 Page 3 Castlerock asks that your commission decline to recommend the proposed reduction in density for Tract 2651, and that instead it direct staff to continue working with Castlerock on the processing of Tracts 1998 and 2651 based on existing ordinances and policies. Very truly yours, ~/ - -0;7::: Dennis D. Law DDL/ru cc: Client (via fax) F:\NETlC\Castlttllhr]mcclish 7-6-04.doc --,- ,'~,-~-,-------.. ~ .._--_._.,~----- RE~r.'\r"""rr:~ , '4.0.4_..;,;~,".. JUL 0,9 2C04 CITY OF P.T:>/)'l) (:i'\' 'r"t July 6, 2004 COM~.'~L!~ ;;IY C",' -.:'J:,' \. '"I ~ j L CPT. Community Development Department City of Arroyo Grande 214 E. Branch Street Arroyo Grande, CA 93420 Re: General Plan Amendment Case No. 04-002 Dear Sir or Madam: I am writing to indicate mv SUDDort of the proposal to amend the 2001 General Plan Land Use Map to redesignate the land use designation of APNs 007-781-055 and 007-781-056 to Very Low Density Residential and Conservation/Open Space Planned Development. I want to thank the City for taking this action. Since my property is adjacent to one of these parcels, I have a personal interest in seeing that as much of the land as possible stays free for the remaining wildlife that my family and neighbors enjoy and that is vital to the health of our community and that the City's infrastructure and resources are not overly strained. Again, thank you. Cordially, ~- . Koscelnik 1 Puesta Del Sol Arroyo Grande, CA 93420 Attachment 6 ~it:t of P.O. Box 550 ~ 8J~ 114 East Branch Street Arroyo Grande, CA 93411 Phone: (805) 473-5404 CITY COUNCIL FAX: (805) 473-0_ E-Man: aaclty@arroyoarande,ora July 23, 2004 Dear Fellow Council Members:. In light of my absence at Tuesday's City Council Meeting, I would like to offer several comments specifically regarding two agenda items for your consideration. Agenda Item 9.b. - Consideration of General Plan Amendment 04-002. I would respectfully request this item be continued to a date that the full Council has the ability to review this potential amendment. Agenda Item II.a. - Consideration of Request for Appropriation for Arroyo Grande High School Pool Expansion. The community has voiced the need for adequate aquatic facilities for well over eight years. With the passing of the recent school bond, Lucia Mar Unified School District has a rare opportunity to address both their student's needs and accommodate increased pool demands from the general public. I support funding assistance to the School District to build a 50-meter pool, although, I believe the $250,000 difference should be an equitable responsibility from the following contributors: The City of Arroyo Grande, The City of Grover Beach, The City of Pismo Beach, The County of SLO and the community at large (Aquatic organizations and swimming enthusiasts.) Based strictly on population, ideally a more equitable funding distribution would be $55,000 from the City of Arroyo Grande; $45,000 from the City of Grover Beach; $35,000 from the City ofPismo Beach; $40,000 from SLO County; and the remaining $75,000 from the community at large. If approved and funding made available to LMUSD from outside sources, it will be imperative to develop an agreement for increased community access to the pool. I appreciate your consideration of these items. Sincerely, ?)irn~~ Jim Dickens, Council Member 11.a. MEMORANDUM TO: CITY COUNCIL FROM: DANIEL C, HERNANDEZ, DIRECTOR OF PARKS, RECREATION~ AND FACILITIES SUBJECT: CONSIDERATION OF REQUEST FOR APPROPRIATION FOR ARROYO GRANDE HIGH SCHOOL POOL EXPANSION DATE: JULY 27,2004 RECOMMENDATION: It is recommended the City Council accept the recommendation from the Parks and Recreation Commission allocating $100,000 from savings from the Rancho Grande Park project to expand the pool component of the Arroyo Grande High School remodel project contingent upon $150,000 provided from other agencies and community groups for this component. It is further recommended that these funds are being allocated with the understanding that the pool expansion will allow for greater community and City. affiliated uses of the pool. FUNDING: The funds to be used for this project are from savings from the Rancho Grande Park proje9t. South County Aquatics, the County of San Luis Obispo, the City of Grover Beach, and the City of Pismo Beach have all been contacted to consider providing the other funding necessary. DISCUSSION: The Lucia Mar Unified School District recently passed a bond that included construction of a new swimming pool. The bond measure only includes funding to replace the existing pool. The proposed pool is 25 yards by 25 meters. It has been proposed to the City by the School District that there is a strong interest in expanding the pool to accommodate more accessibility for community use. The alternate proposal would expand the pool by 8 meters (24 feet) at an additional cost of approximately $250,000. Since this would allow for more school activities to take place concurrently, the local swim programs, such as South County Aquatics and other non-school affiliated groups, could begin practices significantly earlier. Currently, the youth swim program does not have access to the pool until after 8:00 p.m. The South County Aquatics Association has committed to raising a portion of the remaining $250,000 needed. During meetings involving the Recreation Subcommittee that was formed in 1999, a critical component voiced by members of the community was to build a facility with a pool due to the volume of use of the High School pool. Community programs are unable to use the pool until after school programs end. The cost for the City to CITY COUNCIL CONSIDERATION OF REQUEST FOR APPROPRIATION FOR ARROYO GRANDE HIGH SCHOOL POOL EXPANSION JULY 27, 2004 PAGE 2 construct a 25 yard by 25 meter pool with locker and office facilities as a stand-alone facility would be in excess of $4.5 million. Annual operations and maintenance costs are estimated to be approximately $450,000, including staff, materials and supplies. Pool facilities operated by municipalities generally are subsidized up to 70% of operation and maintenance costs annually. Therefore, it is much more cost effective to the City to have the School District operate and maintain the pool. While this represents a significant commitment of Park Development Funds, this allotment will not affect the construction of the additional tennis court at the Soto Sports Complex or other City Park improvements due to additional funds being received by the City from the 2002 Park Bond Act and available Park Development Funds. These funds will only be made available to the District when they provide the City with documentation that additional funds have been raised or acquired by either the District or donations from South County Aquatics or other Five Cities area groups. The funding will also be contingent upon approval of a formal contract with the School District, specifying the pool hours that will be committed for community use. The Parks and Recreation Commission was presented this proposal at its meeting on July 14th. Present at this meeting was Mr. Andy Starkie of the South County Aquatics Swim Club. Mr. Starkie stated that the Lucia Mar Unified School District approved the proposal on July 13th and that an additional $75,000 had been raised by private groups towards the goal of $150.000. The County, the City of Pismo Beach, and the City of Grover Beach have been requested to contribute $25,000 each. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendation; - Modify staff's recommendation; - Do not approve staff's recommendation; - Provide direction to staff. U:\Staff Reports.Agenda\DAN.ccagpoolproposal.072704 --..----..-- -----~,-<....._'-.,- 9f"? 0/ ATTACHMENT 1 P.O. Box 550 ~ 8J~ 214 East Branch Street Arroy~ Grande, CA 93421 Phone: (80S) 473-5404 CITY COUNCIL FAX: (80S) 473-0_ E-Man: ..clty@arroy....ande,o... July 23, 2004 Dear Fellow Council Members: In light of my absence at Tuesday's City Council Meeting, I would like to offer several comments specifically regarding two agenda items for your consideration. Agenda Item 9,b. - Consideration of General Plan Amendment 04-002. I would respectfully request this item be continued to a date that the full Council has the ability to review this potential amendment. Agenda Item II.a. - Consideration of Request for Appropriation for Arroyo Grande High School Pool Expansion, The community has voiced the need for adequate aquatic facilities for well over eight years. With the passing of the recent school bond, Lucia Mar Unified School District has a rare opportunity to address both their student's needs and accommodate increased pool demands from the general public, I support funding assistance to the School District to build a 50-meter pool, although, I believe the $250,000 difference should be an equitable responsibility from the following contributors: The City of Arroyo Grande, The City of Grover Beach, The City ofPismo Beach, The County ofSLO and the community at large (Aquatic organizations and swimming enthusiasts.) Based strictly on population, ideally a more equitable funding distribution would be $55,000 from the City of Arroyo Grande; $45,000 from the City of Grover Beach; $35,000 from the City ofPismo Beach; $40,000 from SLO County; and the remaining $75,000 from the community at large, If approved and funding made available to LMUSD from outside sources, it will be imperative to develop an agreement for increased community access to the pool. I appreciate your consideration of these items. Sincerely, CCJi(VlC)~ Jim Dickens, Council Member ii.b. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER fr SUBJECT: CONSIDERATION OF APPOINTMENT OF VOTING DELEGATE AND AL TERNA TE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE DATE: JULY 27,2004 RECOMMENDATION: It is recommended the City Council appoint one Council Member as the voting delegate and one Council Member as the alternate delegate for the League of California Cities Annual Conference. FUNDING: The only costs associated with this action are costs for attendance at the Annual Conference. DJSCUSSION: This year's League of California Cities Annual Conference is scheduled to take place September 17-19, 2004 in Long Beach. One important activity of the Conference is the annual business meeting, to be held on Sunday, September 19th at 10:15 a.m., when the membership takes action on Conference resolutions. Annual Conference resolutions guide the League and its members in their efforts to improve the quality, responsiveness and vitality of local government in California. League bylaws state that "any official of a Member City may, with the approval of the City Council, be designated the City's designated voting delegate or alternate delegate to any League meeting. Designated voting delegates (or their alternates) registered to attend the Annual Conference constitute the League's General Assembly." AL TERNA TIVES: The following alternatives are provided for the Council's consideration: . Appoint one Council Member as the voting delegate and one Council Member as the alternate delegate for the League of California Cities Annual Conference; or . Provide staff with other direction. _.._-.__.~ Helldql/.lrters SOl/them California Office ~ ~F~~2~~ 1400 K STREET 602 East Huntington Dt., Ste. C SACAAMENTO, CA 95814 Monrovia, CA 91016 PH: (916) 658-8200 PH: (626) 305-1315 Pr:C~j\'~D CITIES '''f~'''' "\.0_"''- t it: FX: (916) 658-8240 FX: (626) 305-1345 I~ t 1 ...; ( /" i~~: R D ''( [) ..~-~ i.'~ __~" J' .. . 04 JUl I I PH 5: 02 \)l\V\V.CAC lTI ES.ORG June 30, 2004 To: The Honorable Mayor and City Council From: Ron Loveridge, League President, Mayor, Riverside Re: Designation of Voting Delegate for 2004 League Annual Conference The League's 2004 Annual Conference is scheduled for Friday. September 17 throuah Sunday. September 19 in Lona Beach. One very important aspect of the annual conference is the annual business meeting where the membership takes action on conference resolutions. Annual conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the Annual Business Meeting on Sunday, September 19, at 10:15 a,m. at the Long Beach Convention Center, To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be registered at the conference and present at the Annual Business Meeting. A voting card will be given to the city official that is designated and indicated on the enclosed ''Voting Delegate Form." Please complete and return the enclosed form to the League's Sacramento office at the earliest possible time (not later than Friday, August 20, 2004), so that proper records may be established for the conference. The city's designated voting delegate may pick up the city's voting card at the Voting Card desk located in the League registration area. The Desk will be open on September 17, 18, and 19. Voting cards should be picked up before the Annual Business Meeting on September 19. The voting procedures to be followed at this conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at (916) 658-8236. ~ ~F~~~}l~ CITIES Annual Conference Voting Procedures 1. Each member city has a right to cast one vote on matters pertaining to League policy. 2. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. 3. Prior to the Annual Conference, each city should designate a.voting delegate and an alternate and return the Voting Delegate Form to the League Credentials Committee. 4, The voting delegate, or alternate, may pick up the city's voting card at the voting card desk in the conference registration area. 5. Free exchange of the voting card between the voting delegate and alternate is permitted. 6. If neither the voting delegate nor alternate is able to attend the Business Meeting, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the Business Meeting, exchanges may be made at the ''Voting Card" table in the League Registration Area. At the Business Meeting, exchanges may be made at the ''Voting Card" table in the front of the meeting room, Exchanges may not be made while a roll call vote is in progress because the Credentials Committee will be conducting the roll call. 7. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials who are authorized to use the city's voting card, and who have left a sample of their signature on file for the Credentials Committee, will be approved, 8. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the Business Meeting. ___.__....n___ ~" _.._~._-_..- ~ ~FEJ}2~~ '. .;. ,~ CITIES 2004 ANNUAL CONFERENCE VOTING DELEGATE FORM ~. CITY: 1. VOTING DELEGATE: (Name) (Title) 2, VOTING ALTERNATE: (Name) (Title) ATTEST: (Name) (Title) PLEASE COMPLETE AND RETURN TO: League of California Cities Attn: Lorraine Okabe 1400 K Street Sacramento, CA 95814 . Fax: (916) 658-8240 Deadline: F~idav. AUQust 20. 2004 G:ILEGlSLTV\POUCY\ACRES\04 Ann.... CoaCcrenccIIcac, VOICDcI 04.doe -- 11.c. MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG COMMUNITY DEVELOPMENT DIRECTOR BY: ~1f.KELL Y HEFFERNON , ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF PRE-APPLICATION CASE NO, 04-011 ; REVIEW OF A MIXED-USE PLANNED UNIT DEVELOPMENT COMPOSED OF RESIDENTIAL UNITS ADDED TO EXISTING OFFICES AND FITNESS CLUB USES; SOUTHEAST CORNER OF OAK PARK BOULEVARD AND JAMES WAY; RUSS SHEPPEL DATE: JUL Y 27, 2004 RECOMMENDATION: Staff recommends that the City Council review the Pre-Application and provide suggestions and comments to the applicant. FUNDING: There are no direct costs to the City related to the proposed project. PROJECT LOCATION: Location MaD/Aerial Photo of Vicinity ---_.. CITY COUNCIL PRE 04-011 JULY 27,2004 PAGE 2 DISCUSSION: BackQround The project site is located within the Oak Park Professional Plaza (the "Plaza") on the southeast corner of James Way and Oak Park Boulevard. The 3.74-acre Plaza is developed with a medical office building (SheppeI1), a health club (Kennedy Club Fitness) and another medical office building (Sheppel 2). The applicant received entitlement to construct a 25,000 square foot medical office and surgery center on May 22, 2001 (SheppeI3). On October 22, 2002, the City Council approved a covenant on City property for creek bank stabilization and enhancement per Army Corps of Engineers condition of development for Sheppel 3. On December 26, 2002 an "Irrevocable and Perpetual Offer to Dedicate PathfTrail Access Easement" was recorded that allowed a six-foot (6') wide pedestrian easement adjacent to the creek along the property boundary (Attachment 1). As part of the original approval for the Plaza, a Master Plan was developed that established a shared access, parking and drainage easement agreement. This easement agreement encumbers four of the six original parcels. A new easement agreement was approved with Sheppel 3 that connected all of the final developed parcels. A lot line adjustment was also approved that reconfigured and reduced the six (6) existing parcels into four (4). Because the Conditional Use Permit for Sheppel 3 was never pursued, the lot line adjustment did not record and therefore the lot configuration and Master Plan remain as approved in 1999 with CUP 98-572 (Sheppel) and CUP 98-573 (Kennedy). Since November 2003, the Planning Commission held four (4) public hearings to consider revocation of the aforementioned use permits due to non-compliance of shared parking and driveway agreement terms between the professional office and fitness club uses. On June 1, 2004, the Commission specifically considered the following (see Attachment 2 for meeting minutes): 1. Review of Parking and Access Study, April 2004; 2. Proposed schedule for further common area changes; 3. Design issues for Sheppel 3, residential mixed-use concept plan and Pre- Application. As parking and access were the focus of the June 1st meeting, plans for the Pre- Application were not discussed in any detail. It is anticipated, however, that development of Sheppel 3 and 4 as proposed will help alleviate existing parking and access concerns. Proiect Description The project site area encompasses the original Sheppel 3 property boundary (see Attachment 3) and the property located immediately adjacent to Meadow Creek. The applicant proposes a phased mixed-use development divided into a residential component of twenty-two (22) multiple-family duplex units configured along the creek side of the access driveway (Phase I, Sheppel 3), and a professional-office component (Phase II - Sheppel 4). The residential units are all two-bedroom, roughly 1,200 square feet in size, and are assembled in groups of four units per proposed lot (except the furthest lot, which CITY COUNCIL PRE 04-011 JULY 27,2004 PAGE 3 has two units). The units are strategically oriented to focus toward the creek and away from commercial-related impacts. The proposed office building is positioned in the same location as the original Sheppel 3, but is significantly smaller in scale (approximately 7,000 square feet). Project site plan is included as Attachment 4. Parking is provided based on Development Code standards and the parking study conducted for the overall site by Oroz Engineering Group, dated April 30, 2004 (Attachment 5). Single carports are proposed for each unit along the driveway, with unassigned shared parking providing the balance for the second resident parking space and guest spaces. This parking arrangement is considered a deviation from current parking standards and therefore warrants special consideration by the Planning Commission. As reviewed during the June 1, 2004 Planning Commission meeting, an entrance-only is proposed on the Kennedy property, and an exit-only is proposed on the Sheppel 3 property, creating a one-way loop circulation pattern. This design is subject to continued parking and access monitoring, which will be re-evaluated in February 2005 (per Planning Commission discussion on June 1, 2004). Staff Advisorv Committee (SAC) The SAC reviewed the pre-application on June 3, 2004 (see Attachment 6 for meeting notes). Discussion focused on defining the top of creek bank, parking, traffic, wastewater, drainage, maintenance of shared facilities, and relocation of existing water main. Plannina Commission . The Planning Commission considered this project on July 6, 2004 (see Attachment 7 for meeting minutes). Issues discussed included defining top of stream bank, restricted ingress and egress to the project site, circulation of the parking area, and proposed carport design for the residences. Commissioners judged the project as being premature since results of the current monitoring of the parking configuration and circulation patterns are not expected until February 2005. However, the overall mixed use concept was well received. Top of Stream Bank Determination On July 10, 2001, the City adopted Ordinance No. 527 C.S. to expand the City's creek dedication requirement for discretionary projects to include a twenty-five foot (25') setback area from the top of stream bank for Meadow Creek and its tributaries for the purpose of preservation and protection of riparian and biological habitats (Attachment 8). Previously, this requirement was for projects abutting Arroyo Grande Creek and its tributaries only. The Ordinance offers no prescription for determining "top of stream bank", and therefore this determination must be performed based on site-specific conditions. The applicant provided a top of bank study conducted by Triad/Holmes Associates that identifies the top of bank at the seventy-one foot (71 ') elevation line (Attachment 9). Based on a field survey, the bank constraining Meadow Creek to its channel is on the easterly side (across from the project site) because of its lower elevation. Hence, Meadow creek would start to overflow on the easterly side of the creek at the 71' elevation mark. Given this determination, the applicant requests that the twenty-five foot (25') creek setback commence at this 71' elevation, allowing the proposed structures to be well outside the setback line. CITY COUNCIL PRE 04-011 JULY 27,2004 PAGE 4 Office Mixed Use (OMU) Development Standards The Planning Commission considered the OMU district development standards on June 29, 2004. The proposal is consistent with preliminary Development Code Amendments for the OMU zoning including density, parking and other property development standards (see Table 16.36.020 below) with the exception of specific design issues that will be addressed with the formal application (e.g. height, lot size and dimensions, lot coverage, floor area ratio, etc.). Table 16.36.020- Office Mixed Use (OMU) 1. Maximum Density Mixed Use Projects 20 dwelling units/acre 2. Maximum Density Multi-family housing 15 dwelling units/acre 3. Maximum density for Affordable housing 25 dwelling units/acre (for moderate income) 32 dwellinQ units/acre (for lowland very low income) 4. Minimum Lot Size 10,000 sa. ft. (20,000 sa. ft. for residential Droiects) 5. Minimum Lot Width 100 feet 6. Front Yard Setback 0-10 feet. Exceptions may include entrance courtyards and areas for outdoor dining determined through discretionary review. 7. Rear Yard Setback 0-15 feetParkinQ encouraQed. 8. Side Yard Setback o - 5 feet. 9. Street Side Yard Setback 0-15 feet. Exceptions may include areas for outdoor dining, or architecturalllandscape features determined through discretionary action. 10. Building Size Limits Maximum height for mixed residential/commercial use is 35 feet or three stories whichever is less. Also see Section 16.48.030.B.5 and 6. Maximum building size is 102,500 SQuare feet. 11. Site Coverage and Floor Area Ratio Maximum coverage of site by structures is 70%. Maximum Floor Area Ratio is 1 12. Site Design and Signs See OMU-D-2.20. Please note General Plan Policies LU5-11. Additional siQn standards also in Section 16.60. 13. Off-Street Parking and Loading Section 16.56.020. Attachments: 1. Irrevocable and Perpetual Offer to Dedicate PathfTrail Access Easement 2. Planning Commission Meeting Minutes of June 1, 2004 3. Sheppel 3 Master Plan (expired) 4. Project Site Plan for Sheppel 3 and 4 5. Parking Study conducted by Oroz Engineering Group, dated April 30, 2004 6. Staff Advisory Committee (SAC) Meeting Notes of June 3, 2004 7. Planning Commission Meeting Minutes of July 6, 2004 8. Ordinance No. 527 C.S. 9. Top of Bank Study conducted by Triad/Holmes Associates, dated June 1, 2004 S:\COMMUNITY _DEVELOPMENT\PROJECTS\PRE\04-011 Sheppel\CC rpt.doc r . - A TT ACHMENT 1 JULIE RODEWALD . LO San Luis Obispo County - Clerk/Recorder 12/26/2002 RECORDING REQUESTED BY: Recorded at the request 01 4:37 PM City of Arroyo Grande Public DOC#: 2002115332 Titles: 1 Pages: 9 WHEN ~=~~=~~~e Services! 1111111111111111111111 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 Deputy City Clerk City of Arroyo Grande P,O, Box 550 Arroyo Grande, California 93421 IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE PATHfTRAIL ACCESS EASEMENT THIS OFFER TO DEDICATE, made this 22nd day of October, 2002; by Russell Sheppel of the City of Arroyo Grande, County of San Luis Obispo, State of California, hereinafter termed .offeror: WHEREAS, said Offeror desires to make an irrevocable and perpetual offer to dediCate an easement for the purpose of a pedestrian, bike andlor equestrian path/ trail for recreational access parallel to Meadow Creak open space and, NOW, THEREFORE, for a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, said Offeror covenants and promises as follows: 1, That said Offeror is the owner of the real property described in Exhibit 'A' and shown schematically ill Exhibit A 1, 2, That said Offeror does hereby offer to the City of. Arroyo Grande as easement for path/trail access across the real property described in Exhibit 81 and shown schematically in Exhibit 8-2, 3. That within said easement the City shall have the right to perform work necessary to maintain the proposed path/trail along with any appurtenances and incidental uses, to facilitate maintenance. 4, That said Offeror agrees to improve the pathltrail as part of Phase 3 office andlor adjoining parking lot development to City acceptance and that the said path/trail access easement shall remain free of structures, fences, or any other obstacle which would prohibit pedestrian bike or equestrian access. 5, That said Offeror agrees that the easement is and shall be binding on their heirs, legatees, successors and assignees. Page 1 -----.-.-------... . - IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on . the day and year first abov written r/JIFT .r?~tL ?'VJ ~ o eror STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO) ss On f ~ 1f1) , 2002, before me, ~ VVItII1t, ~. a Notary Public, personally appeared , ~t~ t wt ~ - , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executedthe instrument. ~.- ;N-MMuEM.~T~ I' COMM. '1332168 ~ WITNESS my hand and seal NOTARY PU8LIC - CAlifORNIA i < SAN LUIS OBISPO COUNTY , ~ Comm. E~rlS Dee. 1,2005 t ......,..~~,.,~""'-.."-~.,.,...-",,rJw.....'" STATE OFCALlFORNIA ) COUNTY OF SAN LUIS OBISPO) ss On ~ ( L , 2002, before me, J ....Y t. 1<. I'l... J.'r~, a Notary Public, personally appeared P~M. ~I 0... tr\.. s y!>p e..l , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that' helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JULIE K. HARDISTY ~ COMM. , 1314369 CJ . NOTARY PUBUC-CAUFORNIAQ :I CONTRA COSTA COUNTY 0 J ~ ~ ~ ~ ~O~. ~P:..A~'29~2t!5~ - -------- .. . EXHIB'T- A r Order No, 802584 - - . " EXHIBIT "ONE". . Parcel A of Parcel MapAG 79-838, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded January 29, 1982 in Book 31, Page 47 of Parcel Maps, Assessor's Parcel No: 007-771-053 . . ." . , - - -- - --~ - . Order No. 802585 EXHIBIT "ONE" .' " I. Parcel A: Parcels 1, 2 and 3 of Parcel Map AG 95-108, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded September 2, 1998 in Book' 53, Page 41 of Parcel 'Maps, . Parcel B: An Easement for access, drainage and incidental uses over that real property situate in the City of Arroyo Grande, County of San Luis Obispo, State of California, being a portion of Parcel B of Parcel Map AG 79-838, a map of said Parcel Map JJeing recorded in Book 31, Page 47 of Parcel Maps; said portion of said Parcel B and being more particularly described as follows: Beginning at the Easterly corner common to said Parcel B and Parcel 1 of Parcel Map AG 82-035, a map of said Parcel Map being recorded in Book 32, Page 31 of Parcel Maps, said point being the True Point of Beginning; Thence along the Easterly line of said Parcel B, as shown on said map of Parcel Map AG 79-838, North 20015'04" East, 250.50 feet to the most Easterly corner of said Parcel B, as shown on said map; Thence along the Northerly lirye of said Parcel B, as shown on said map, North 72047'52" West, 69,63 feet; Thence leaving said Northerly line, South 17012'08" West, 136,00 feet; Thence North 72047'52" West, 111.95 feet; Thence South 16038'01" West, 63,18 feet; Thence South 73021'59" East, 113.75feet; Thence South 28045'17" East, 74.93 feet to the True Point of Beginning. Parcel C: An Easement to construct and maintain a courtyard and all' appurtenances thereto over that real property situate in the City of Arroyo Grande, County of San Luis Obispo, State of California, being a portion of Parcel B of Parcel Map AG 79-838, a map of said Parcel Map being recorded in Book 31, Page 47 of Parcel Maps; said portion of said Parcel B and being more particularly described as follows: . Commencing at the Easterly corner common to said Parcel B and Parcel 1 of Parcel Map. AG 8~-035, a map of said Parcel Map being recorded in Book 32, Page 31 of Parcel Maps; Thence along the Easterly line of said Parcel B, as shown on said map of Parcel Map AG 79-838, North 20015"04" East, 250.50 feet to the most Easterly corner of said Parcel B, as shown on said map; Thence, along the Northerly line of said Parcel B, as shown on said map, North 72047'52" West, 214,21 feet; Thence leaving said Northerly line, South 16038'01" West, 48.67 feet to the True Point of Beginning; Thence South 73021 '59" East, 20,00 feet; .- Thence South 16038'01" West, 40.00 feet; Thence North 73021 '59" West, 10.00 feet; Thence South 16038'01" East, 44,33 feet; Thence North 73021 '59" West, 10.00 feet; Thence North 16038'01" East, 84.33 feet to the True Point of Beginning. ----- -..-.....-..--.---- ------.--..,--. ---- . . ., EXHIBIT A , Order No, 802586 . ., ::.: Parcel A: -. Parcel 3 of Parcel Map AG 82-35, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded June 25, 1982 in Book 32, Page 31 of Parcel Maps. . Parcel B: An easement for ingress and egress for a driveway over those portio'ns of Parcel Map AG . 79-838, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded June 25, 1982 in Book 31, Page 47 af f?arcel Maps, ar)d more particularly described as follows: Parcel C: A strip of land 28 feet wide, the cente~line being described as fpllows: : Commencing at a 1" iron pipe tagged RCE 25366 as shown on said Parcel Map AG 79- 838, said pipe being the most Easterly corner of said Parcel B; Thence North 72047'52" West, along the Northeasterly line of said Parcel B,39,63 feet to the point of beginning of the centerline of said 28 foot wide strip of land to be described; Thence South '17012'08" West, 142.40 feet; Thence South 20015'04" West, 94,61 feet to a point on a curve .concave to the Northeast and having a ra~ius of 50 feet, a radial bearing to said point bears North 60002'34" East, said point also being the Southwesterly line of said Parcel B, said point. being the Southerly terminus of said 28 foot wide strip of land, said point bears North 49051 '11" West, 34,q3 feet from the most Southeasterly corner of ~arcel B of said Parcel MapAG 79-838.. . The side lines of said 28 foot wide strip of land shall be prolonged or shortened to ., terminate on the Northeasterly and Southwesterly lines of said Parcel B, Parcel 0: Commencing at a 1" iron pipe tagged RCE 25366 as shown on said Parcel Map AG 79,. 838, said pipe being the most Easterly corner of said Parcel B; . Thence North 72047'52" West, along the Northeasterly line of said Parcel B, 39,63 feet; Thence South 17012'08" West, 142.40 feet; Thence South 20015'04" West, 94.61 feet to a point on the Southwesterly line of said Parcel B, said point also being a. point on a non-tangent curve concave Northeasterly and having a radius of 50 feet, a radial bearing to said point bears North 60002'34" East; Thence Southeasterly along the S.outhwesterly line of said Parcel B on a curve concave Northeasterly, having a radius of 50 feet through a central angle of 18041'30", an arc distance of 16.31 feet to the point of beginning of the Parcel of land to be described, a radial bearing to said point bears North 41 021 '04" East; Thence continuing along said Southwesterly line on a curve concave Northeasterly having a radius of 50 feet, through a central angle of 21006'01", an arc distance of 18.4'1 feet to the most Southerly corner of said Parcel B, a radial bearing to said point bears North 20015'04" East; Thence North 20015'04" East along the Southeasterly line of said Parcel B, 20 feet to a point, said point being the Easterly terminus of a non-tangent curve concave Northeasterly having a radius of 30 feet, a radial bearing to said point bears North 20015'04" East; Thence Northwesterly along said curve concave Northeasterly, through a central angle of 36052'12",an arc distance of 19,31 feet to a point along a line that is parallel with and 18 feet Northwesterly of the Southeasterly line of said Parcel B; Thence South 20015'04" West along said parall~lline 22.65 feet to the point of -~----"""- .- '. Order No, 802.586 beginning, Parcel E: ,.".--:- I \. an easement for: parking over a portion of Parcel 1 of Parcel Map AG 82-35, in the City of Arroyo Grande, County of San Luis Obispo, State of Ca1ifornia, according to map recorded June 25, 19~2 in Book 32, Page 31 of Parcel Maps, and more particularly described as follows: Beginning at a 1" iron pipe tagged RCE 25366 as shown on said Parcel Map'AG 82-35, said pipe being the most Northerly corner of Parcel 1; . thence' South 73021'28".East, 18 feet along the Northerly line of said Parcel 1 to a point, said point being the true point of beginning; Thence leaving said line South 16038'32" West, 6 feet; .- .Thence South 73021'28" East, 18 feet; Thence South 16038'31" West, 29 feet; . Thence South 73021'28" East, 208,92 feet to a point, said point being on a non-tangent curve concave Northeasterly having a radius of 50 feet, a radial bearing to said point bears North 48048'30" East; Thence Northerly along the arc of said curve 19,95 feet through a central angle of 22051'23" to a point of reverse curve, a radial bearing to said point bears North 71039'53" East, said reverse curve being concave to the West having a radius of 50 feet; Thence along the arc of said reverse curve 48,01 feet through a central angle of 55001'09"; Thence North 73021'28" West, 189,61 feet to the True Point of Beginning, \ - . ( EXHIBIT A I "I> S:::' . ::J:I " I - ,~ V' ,- ~ , ::J:I ~ ~ "' 'G ~ :z: , ,,1 /'1 , ------ << o . OCT 11 2002 8:21AM . PULTr ASSOCIATES EXHIBIT B1 BV: THA,iNcsAN Lu!S_OSISPoj HU~ ~44 e932; OCT.10. . - -~~/tO/O; ~-o----" -- . or EXHIBIT" " LEGAL DESCRIPTION FOR PRnES~ EASEMENT OVER AP~I 007-7'11~ AND 007.771.062 A 6,00 foot \\ide strip of land situated within the City of Anoyo GliU1de, County uf San Luis Obispo, State ofCaIifornia, lying 6,00 feet westerly of the following described lin~: Beginning at the northeast comer of Parcel A of Parcel Map AG79.83R per map re.corded in Book 31 of Parcel Maps at Page 47. on file in the office of the County . Recorder of said county; thence along the east 1ine of said P~l A S2001S'04"W 264,67 feet; thenc:e S32022'~6"W 50.27 feet; thence S16037'ST'W 5&.41 feet; thenc:e 815001 '41"W 63,67 feet to a point in the south line of Parcel 3 of Parcel Map AG82.35 per map rec:ordcd in Book 32 of Parcel Maps at Page J L on file in the office of the Count}, ReCorder of said County. !ram which the southeast comer thereof bears S72049'30"E 1.08 feet. The west line of said strip to be foreshoncned or prolonged as necessary to terminate in the north line of said Parcel A artd the south line of said Parcel 3 . \. . Cont~inin~ 2.620 square feet, more or l.ess. /'i,~IJ."'''''''", Lcgal De.~CriptioJ1 prepared by or under the 4~~-'i!..A1.r~~~ supervision of: 0:/-\' "'~~,;~\ ... ,!.)'t .~ \ 12.\ :...: .(. \- \ t ~ ! *\, I.J;.'. g/~r;1(l3 *J ..;. 1<10 &5a7 ~~ - . 'Q,~-,;.i.~ DavidALavet1)' . "-...: -_ :--- L.S. 4587 tic. Ex-p, 9/30/06 ; ~ttI_h.w...rw- p~&Q.I,U\JJ.2QI".~ftII."C . Page 1 of I . -~-- .-'.'- OCT. 11. 2ee2 8:22AM PlLTS qssocIATES ~Y: tHA,INC SAN LUIS_OBISPO; 905 544 8932; OeT .1 0 -I EXHIBIT B2 . . .---- EXHIBIT ~ II . PEDESTRIAN EASEMENT ~~--~. .- N~:I. ~.8~--- .. .,...>'~w ~ Y'-'--' I..?~. . -" . ,~. ....---- -.. ..,. \, ~ . -----------.. ~G~ . f'~ \ IA GfA y 1.1 f- /0 va PAr<Ct:L A 92 PlY) .tJ 1 ' J... . . rJ 1 ." '0 ~. ,~ ~ I ~ r:~)..,' . \ bt /l9 ~~v I'r r \'1\ '\ . ..' 'Yo ~~~ 63 ,~ (~9 ~v fJ.r.s. ~0 ~~ \ II PEDESTRIAN Ct.\.. (j ~ EASEMENT ?~f{ ~ ~~. NOTE.' BeARINGS ANO DISTANCES SHOWN (\ HeREON ARE' BASED ON RECORD "",;o,? 16' ~:tot ' INFORMA nON FROM J.1 PM 47 AND . i;; "'<'G' CALCULATE'O FROM .32 PM 31 ~~CI5~ r.r......:.ot.y ~ lI.e;ofA4 ~"'n "'~ n.""'I".~UT MINUTES ATTACHMENT 2 PLANNING COMMISSION JUNE 1, 2004 Mr. Strong presented the two following additional minor use permits for consideration by the Commission: 1. Andy Dodson for Jim Dotson, TUP 04-011 (Lot 4 in Tract 2275) wants to establish one model home; staff has approved this. 2. Viewshed Review Case No. 04-002, 505 Hawkins Court; this is consistent with the neighborhood and staff has no concerns and their were no neighborhood concerns. The Commission asked for clarification on the MUP for 266 Aspen. In answer to questions from the Commission, Victor Devens explained that the bonds had peen posted for the Dotson project and the model home cannot be sole until the final map is recorded. The Commission had no other concerns. Mr. Strong stated the Minor Use Permits would be approved after a ten-day appeal period. III, PUBLIC HEARINGS: A, CONTINUED ITEM: RECONSIDERATION OF CONDITIONAL USE PERMITS CASE NOS, 98-572, 98-573 & 01-005; APPLICANTS - RUSS SHEPPEL & KEVIN KENNEDY; LOCATION -1299 JAMES WAY (Continued from February 3, 2004), Staff report prepared and presented by Rob Strong, Community Development Director. Mr. Strong gave an update on the prior meetings conducted to address reconsideration of revocation of the Conditional Use Permits and/or modification of Conditions of Approval due to non-compliance. Steve Orosz, Traffic Engineer for the Kennedy/Sheppel parking and circulation study, gave an overview of their report and in conclusion he made the following recommendations: . Employees should be required to park in the overflow area (to the south) and additional lighting should be provided for safety. . The driveway to the west should be opened up for inbound traffic and the present driveway kept as two-way. . Separation of the in and out driveway should have the addition of 50 feet of double yellow line. . Eight parking spaces should be removed to area 'C', when the driveway is opened to avoid congestion. . A second survey should be done to see how the changes are functioning and to gather more data. Commissioner Fowler thought it might be confusing to have one driveway in and one driveway in and out. Mr. Orosz stated that Public Works were being cautious and did ~..._~-_.__._--_.~.._-- MINUTES PAGE 3 PLANNING COMMISSION JUNE 1, 2004 not want to have one drive in and one out until they see how this works first and that they would prefer to take baby steps. Commissioner Brown agreed with Commissioner Fowler that it might be confusing to have the driveways set up in this manner. Commissioner Arnold agreed with Commissioner Fowler and Brown stating he thought it could cause confusion to drivers to have one driveway in and one driveway in and out. Commissioner Keen suggested that if the driveway is opened up it should be for right turns only. Victor Devens stated Public Works recommended that the driveway only be opened up if it would solve the parking problem, but it seemed from the report that it was more of a management problem than a flow problem and asked if widening of the driveway had been considered. Mr. Orosz stated that the eight spaces were being removed to solve the problem of circulation and he did not believe widening the driveway would solve the problem. Mr. Strong stated that it is the preference of the two property owners to have one entry and one exit driveway and that a center two-way left turn lane would be required (James Way) for turning in and out. Mr. Orosz gave a brief overview of the Sheppel 3 mixed-use proposal. Mr. Strong stated details needed to be worked out between Kennedy and Sheppel about where employees park and the relocation of the trash containers; that the Sheppel 3 project would be coming forward in a few weeks and that definition of the slope bank issue will become a critical issue; that the City is suggesting biological and hydraulic study and additional engineering should be submitted to Public Works and the Community Development to define a theoretical "top of bank". Commission Comments: Arnold . Concern for traffic stacking up on James Way. . Asked if moving the exit further toward the creek had been considered. . Re Sheppel 3, there is a need to resolve how to get current traffic out safely before this is reviewed; he suggested delay of units closest to James Way to enable drive relocation further east. . Asked for clarification on the design of the carports. Kim Hatch, Pultz and Associates, described the open space configuration for the carports and the topography of the site for the mixed-use proposal for Sheppel 3. -~....~._.------.-.,._._._."- MINUTES PAGE 4 PLANNING COMMISSION JUNE 1, 2004 Arnold . The trash enclosure positioning is contingent on the driveway openings and traffic flow needs to be resolved before a decision is made. . Asked if the parking situation is working since the employee parking has been moved. . He would like to see a more formal Pre-app before he could discuss Sheppel 3. Russ Sheppel, Owner, stated: . Re employee parking, the problem has now been resolved. . Class times for Kennedy Fitness have been altered and they have acquired extra parking offsite. . He would like to see further monitoring and consideration at a later date. . He would like to see the trash situation addressed right away. . He would prefer to see a single entrance in and out. Fowler: . Why not have a provisional trial for one in and out driveway. . She thanked Mr. Orosz for the eye-opening report. . Agreed that the trash enclosure should be relocated to the area suggested by Mr. Sheppel. Brown: . Agreed with Nan on the parking issue. . The applicants should work out placement of trash enclosures. Keen: . If the driveway were opened up would the interim solution provide angled or 90 degree parking? At this point, Mr. Strong explained that the City is requiring insurance (City to be held harmless) to be provided by the property owners before the driveways are altered. Steve Orosz stated that they were trying to keep the interim solution simple so use of signage would be used rather than angle the parking at this time. Keen: . Recommended right turn only if opening the drive for in only. . Agreed with relocating the eight parking spaces. . Re the one-way in and out on the drive nearest the creek, the City engineer should make the decision after first seeing if the interim idea works. . The trash container could be moved to the other corner to be more accessible to the trash pickup trucks. Arnold: . He would only agree with the changes to driveways if the City gets the required insurance. -------- MINUTES PAGE 5 PLANNING COMMISSION JUNE 1, 2004 . The applicants should each provide their own trash containers, both should be relocated at the same time and the responsibility should be shared. Guthrie: . It takes aggressive parking management to make parking work out. . He agreed with Public Works that there may be significant conflict with the two driveways being so close and it may not work; he was agreeable to the interim measure but with significant review. . He could only support the one way in and out. . The owners should be encouraged to deal with the trash enclosure. Commissioner Guthrie made a motion, seconded by Commissioner Fowler, to recommend, as an interim measure for a period of six months, that the parking lot be reconfigured for a single drive in on the west side and single out on the east side including the insurance requirement and the proviso that this measure could be changed overnight if it is perceived as being unsafe, and continue the review of all issues to the December 7,2004 meeting. The motion was approved on the following roll call vote: AYES: Chair Guthrie, Commissioners Fowler, Arnold, Brown and Keen NOES: None ABSENT: None Sheppel 3 - Commission Comments: Brown: . Making the creek bank less than 25 feet- he would need clear-cut and strong reasoning to approve this. . He could not comment on the parking issue re the Pre-App at this time. Guthrie: . The creek bank issue would be driven by biology not the project. . He had serious concerns with the traffic congestion re Sheppel 3. . At this time he could not give much feedback as there was not enough on the plans they had been given to review. The Commission had no other concerns or comments. B, CONTINUED ITEM: TENTATIVE TRACT MAP 04-001; APPLICANT - CAMINO MERCADO PARTNERS, LP; LOCATION - 579 CAMINO MERCADO, Staff report prepared and presented by Associate Planner, Kelly Heffernon. Ms. Heffernon briefly described the project proposal to review a condominium tract map for a previously approved eO-unit senior apartment complex and summarized the issues ATTACHMENT 3 . 8 _ - ; .11 II Ii It ~ !;IIII;IIDllillllilil!11 g - s - un u i Iii 1 ~. ._. _ ~ IQ ~ n3 ~ w: 0 ~!I n. .. ~ i i ~ "1~llu; Ii :s i1di'!d mn;-!., ::: ~ sa i_;1 Ii ; !illllillliiilil.i! ~ : - ~ e <: ~ ~ II 11)"=11)" ~ !lhUbls!III;! ;i! i 5 II I. I - .u ~'II i~' i~~ ~ . Iii: IA ! "'I · I tll!ii - : ~ 'I 11"1 I~ I i I 5 ~ ~, ii !it !i.I~il ~r 111 Iq,lql ~. t i i II ~ III ~ ~ ~ - ; = a!:! I! i &1 ii ~ : :::: ... ~ 't II '= :: _ = _ ;. " ! . I .~ . ~ ~ i i ~~II ~ - - - - - . - - .. ~ I -" - II'L~ - - - - . ~i i ~ . I"';I~ GHURGH ~R f I z i~" :~ rC~1 " _ 5. I i ...1 ~ :.....:( · i .'2..T.r......:a.~... ".4V"-. ,....,..., ! - I ji ;~i! --111. _____-!:'~~______________ 21 II I ;'~~ ~ i ......e.......,. i jj i . q~ h 'IIi! ! = i i ~ ~ I I... I ........... .UNtIO'll'll I i u_~,. !I I Q ...,...21...... i i . I - I ~ , " ~ I 0 ~ i I ~ % 1"\1 . I > ~ ,~ ; (\ 101 ~ ~ ~ ; iiI ,~ ~ ~ I. 1!llIm I~i~ e~1 ~i ~mm ' 5 !i31'~~ ~~5~ ~I.. d hlfl" I Uli!! ad I~~ I if.. I~ ! u b=i!~ !~i! -ii = II..sf I' ~ !~@ il._50 J~i SI". id~1 .. a" ~jim e~! is ~ iuii 'I i.za~. I;.r il ~al-I .Iila as n j:S g!:'IJ~1 I~i i; 51 " IINa ' =~!! i i ~ III !!, I , iRI! .1 ~I I MOTeL I~,; ! 4 I i -I r f 1 r r ~ f ~ 1 tU;ti' ri s: ,. '''. . ! I ell ~ ,tihd I'. l' 0= ~ Iii ~b ~1t~ftr ih .... . . ~ 1.1", ~ Iii . _) ..1 . II. --..-- .. i!li" ' '"I"~JI '";.., "0 ;~,. U \II ~ ~bl ~ i ~d in! ~~i ~ ~ ,"u- ~!p ~ ~ ' ATTACHMENT 4 ~ 'i:~~~ ~ 0-< 11 2, ~ l ~~u ~ ~ m m.. ~ , ",-------........ . \ ~ ~ '\ ':0 ~o _ I '% =4 ~ I ~ I tI) III I =4 iii m "' "'0 "' I ~ ~ . z - 1 I I I I I I . I t I I <)0 i I ot> I I I . . , I I I i I I I I I . I h I ' -Tl j I I \ x I 'II,I} ~ o _, / ~ " p . ; ~ -- /' ~ ~------------~ ~ r ~} (r ! t I IUd' r~l. ~ '. . ~ I II I II D! J ~hJ' ..1[ . c; & i ~ ~,~ ii! i9@ :~J !'Il II ~, - G I i I ~ · lllla ,. _D._,Af....,."""""'" ... e:. ATTACHMENT 5 FrEC:::"::D MAY 0 4 2C04 Orosz Engineering Group, Ine. CITY OF ARqO':'O GQ ~.~ Inr: 1627 Calzada Avenue COMMUNITY 0:.': el(';: I~ . -."'T- D'=PT _I "_I" '.... . Santa Ynez, California 93460 Phone/FAX 805-688-7814 emall oeg@qulxnet.net OEG Ref 010204 April 30, 2004 Mr. Rob Strong Community Development Director City of Arroyo Grande 214 E. Branch Street Arroyo Grande, CA 93421 Subject: Sheppel - Kennedy Parking Lot Operation Monitoring Results of Survey No. 1 Dear Mr. Strong: In conjunction with the review of pending applications for conditional use permits, the City of Arroyo Grande has required that the parking facilities at the Sheppel - Kennedy site be monitored for a period of time to document the parking space occupation and utilization. The following report has been prepared to summarize our findings and recommendations after the conclusion of the first survey, Introduction and Overview Currently, there have been times when apparent parking shortages have been reported to the City and to the property managers for the project site, Issues pertaining to where certain patrons/ patients/tenants are parking, total spaces available, and adherence to the parking restrictions currently on site. The goal of the parking monitoring program is to evaluate the effectiveness of the parking . information being implemented by Kennedy Club Fitness to direct their employees and guests to parking in certain areas during certain times and the signage of Sheppel Medical Office parking areas during certain times of the day. The parking program includes the following elements that have or will be implemented as needed during the course of the monitoring program. 1. Parking area signage for Sheppel and Kennedy Club uses. (Done) 2, Parking information to be mailed to and shared with all Kennedy Club employees and guests. (A large sign have been on display in the lobby since February 2004.) 3. Parking Lot modification near Sheppel 1 office building to physically separate the Kennedy Club parking from Sheppel parking. 4, Modify James Way driveways to facilitate one way in and one way out traffic flow. This would include opening the existing closed "upper" driveway and modifying the parking space arrangement and signage to direct vehicles in and out the correct way. 5, Obtain off-site parking areas for Kennedy Club employees. (Done) 6, Construct additional parking areas on-site. Mr. Rob Strong April 30, 2004 Page 2 Survev Methodologv To address the parking concerns, it was determined by the City's Planning Commission that an independent parking survey should be conducted, The Planning Commission directed staff to develop an appropriate scope of work and to conduct the survey. Orosz Engineering Group, Inc. (OEG) was selected to conduct the monitoring program for the City. The Public Works and OEG staff reviewed the day to day- and hourly variation of the Kennedy Club Fitness patrons that had been provided to the City during the last set of hearings on the project,1 As a result of this review, the City felt that a survey on a Monday and a Thursday between the hours of 7 AM and 5 PM would capture the peak parking periods of the Health Club and medical office tenants. During this time frame, detailed parking observations would be conducted, The observations would include: exactly where a vehicle was parked, how long a vehicle was parked In a certain stall, and where the occupant was going to. To accomplish this task, OEG representatives were on-site durlng the survey hours. At 30 minute increments, the type and color of vehicles were documented and logged on a survey sheet. Similar information was obtained by the medical office and health club staff at their respective lobbies, After the survey, the duration of each vehicle by space was determined. Once this was found, the parking area occupancy was found, as well as how long a space was occupied, The existing on-site parking area was separated into four logical parking areas. The following table and map describes each parking area. Area Number Restricted Uses Primary Number Of Spaces Time Limits Tenants/Uses Handicapped ParkinQ Spaces A 22 Exclusive Parking for Exclusive Parking for 2 880 Oak Park Boulevard 880 Oak Park Boulevard 24 hours per day/ Medical Offices 7 days per week B 70 24 spaces All site tenants 3 No Fitness Center Parking Mon-Fri 7:30-6 PM C 16 No Fitness Center Parking Parking for 880 and 860 0 24 hours per day/ Oak Park Boulevard 7 days per week Medical Offices D 54 No Restrictions Kennedy Club Fitness 0 The parking survey also documented the total site parking space occupancy between the hours of 7 AM and 6:30 PM. This information will be used to determine how much parking the Kennedy Club Fitness is using during their peak operating times, The last portion of the survey studied the operation of the James Way access. PM peak hour traffic counts were collected at the project driveway at 15 minute Intervals and the number of 1 A copy of the Kennedy Club hourly variations is attached to the rear of this letter. sa\D!:)()..'" " '..".r." 's\lnd 'Q uat-S\S It" It" ~ · ~ .- \i\ ~1 It f. . \ " f~' ~i'\\\1 .J\II \ ,! \ W:;) A. ~ ~ r5\ ~' , !l-\ ~:;; !l-o ~\!.. ~ i Uto 3 : \l~ IF~~ll Ww o 1/1 8";"- ::1:)( ~ii5 i ~ u .. 1. \II~ :;\ u 0 ~ . 11 ,t 11 .. . : 1 l' 1 f . .. << --' ~ ~ ~ 0 :i U <<( ....." w ~ --'~ wOo !l-~ ~o :I: iii 11\"' ~ ~ 0. <)0 -C> ~ 0 0 <<( <<( w w ~ ~ ~" << 0 ..J" w" 0:: 0." 0." <( WO > ~= W ....J =' 0 CD ~ 0:: <( a... ~ <( 0 ^ "iM S3tWr Mr, Rob Strong April 30, 2004 Page 3 vehicles waiting to turn left at the intersection with Oak Park Boulevard were documented. This information was gathered to provide information to the City to assist them in making an educated determination with respect to the potential affect of opening the upper site driveway to incoming vehicle traffic, Survey Results The surveys were conducted on Monday, March 29, 2004 and Thursday, April 1, 2004. The mix of site operations during the survey days is summarized in Table 1. As shown in this table, the survey days covered typical site operations, However, it is noted that the first floor of the 880 Oak Park Boulevard medical office building was vacant during the survey, The summary data for each day's survey is provided in the appendix to this letter, The averaged data for the survey period is provided in Tables 2, 3, 4 and 5. The following discussion pertains to the data found in these tables, In general, parking areas "appear" to be full or at capacity when the occupancy rates reach 85-95% full, During the survey, the medical office uses were operating within normal hours. Based on information provided by the Kennedy Club relative to the site usage during the surveys, Monday was twice as many patrons as the Thursday survey day. The hourly variation of patron usage for the Kennedy Club can be found in the appendix to this report, Overall Site Usage - Table 2 Based on the two-day average of the survey data, the overall site reached a maximum occupancy of 84,6% at 9:00 AM. At this point in time, there were 25 vacant parking spaces on- site. During the 9:00 AM -11:00 AM time frame, sub areas A and B were operating at or above the 85% space occupancy. Later in the day (5:30 - 6:30 PM), the shared parking area B and adjacent parking area D near the Kennedy Club reached 85-93% occupancy. In summary, the site as currently occupied operated within acceptable parameters. There were very few people parking in the designated parking areas in Area A and B, which did not go to the buildings that the spaces were allocated too. Area D, that prohibits Fitness Center parking, did have about half of the vehicles observed using the health club facility. During the surveys, Sub Area A and D did experience 100% capacities for certain time periods. Sub Area A did experience 100% occupancy at 2:30 PM, while Area D experienced 100% occupancy between 8:30 and 9:00 AM. On Monday, Area A functioned at over 85% parking space occupancy between 9:00 AM and 10:00 AM, 11:00 AM and Noon, and between 2:30 PM and 4:00 PM, Sub area B experienced over 85% occupancy between 9:00 AM and 11:00 AM and between 3:30 and 5:30 PM, Area C never experienced over 50% occupancy all day. Area D experienced over 85% occupancy between 8:30 and 9:00 AM and between 5: 15 and 5:45 PM. During the Thursday survey, only one sub area during one time period reached 100% occupancy. This sub area was Area A at 10:00 AM, For the other sub areas, 85% occupancy or higher was reached between 9:00 AM and 11:00 AM for Area A, 10:00 to 10:30 AM and 6:15-6:30 PM for Area B, and Area D experienced the high occupancy between 9:00 - 9:30 AM and 5:30 to 6:15 PM. Area C reached a maximum occupancy of 62.5% at 6:30 PM. Mr, Rob Strong April 30, 2004 - Page 4 - There were 3,780 square feet of medical office that was not occupied during the survey. Based on the average of employees (2.8 spaces per 1000 square feet) and patient (approximately 1 space per 1000 square feet) parking demands observed, the vacant medical offices could generate an additional parking demand of 15 spaces (4 spaces per 1000 square feet * 3.780 thousand square feet). Even with the additional 15 spaces that could be associated with the vacant medical offices, the site would still have 10 spaces vacant or 93.8 % full. However, there could some overcapacity parking demands during peak times of the clay, as the available parking in Sub Area B (the area designated for the vacant office's parking) had less than 10 available parking spaces during the peak 9:00 to Noon time frame. Site Parking Space Utilization Data - Table 3 The data in this table was determined by matching the number of times a certain vehicle was observed occupying the same space during the surveys, A vehicle observed once was considered to be at the site 30 minutes or less, A vehicle observed twice was considered to be at the site 60 minutes or less, etc. Vehicles observed for more than two hours were assumed to be employees, The majority of the medical office visits were found to be in the less than 75 minute time frame, based on discussions with the doctor's offices. By observation and confirmed by the health club staff, it was noted that the Kennedy Club patrons were at the site between 60 and 90 minutes on the average. The data in this table indicates that there is a significant amount of short term parking occurring in area's A, Band D, The usage of Area C Is more balanced between long and short term parking. The affect of the long term parking on the short term availability in each parking area is evaluated in Tables 4 and 5, Long Term Parking Data - Table 4 The data summarized in this table attempts to determine the time of day when there is a significant number of long term parkers relative to the total number of parked vehicles observed, As seen in this table, long term parking takes up approximately 50% or more of the total observed parking demands In Area A most of the day. At the peak parking time (1 PM), 75% of the spaces occupied were long term vehicles. At the least, 36% of the observed vehicles were long term during the surveys. The data indicates that about a third of the vehicles are long term parkers in Area A. In Area B, the long term parking as a percentage of the total observations ranged from 13%- 53%. The average percentage was between 40% and 50%, This information indicates that there is a significant number of long term parking in a marked patient parking only area. Similarly, in Area C the long term parking as a percentage of the total observations ranged from 20%-100%, The average percentage was over 50%, This parking area currently functions as an overflow parking area, with some employee parking already occurring. However, with about 3-4 long term vehicles parking in this area, not all of the 54 employees on-site are parking in this area. ~-..._-_....._- Mr. Rob Strong April 30, 2004 Page 5 Lastly, in Area D, the range of long term parkers was found to be 3-12%, with an average of about 10%. This indicates that this parking area is used by mostly patients and patrons of the site. As seen in this table, a significant number of long term parking is occurring in the limited parking area reserved for the 860 and 880 Oak Park Boulevard professional offices (Sub Areas A and B), This indicates that employees of the offices are parking in the small designated parking areas and occupying spaces that could be available for patients, The combination the employee parking and the two handicapped parking spaces in this area, limits the availability of these spaces to be used by the general public/patients. Analysis of this data is expanded on in Table 5. Long Term Parking Data for the Shared Kennedy/Sheppel Parking Area (Area B) - Table 5 The purpose of this analysis was to evaluate the affects of the long term parking observed in this area. In this sub area, 24 spaces were designated for Medical Office patient parking only between 7:30 AM and 6:00 PM, Monday through Friday. Of these spaces, 8-15 spaces were occupied by long term parkers that were observed to be employees of the medical offices during the peak hours of 8:00 AM and 3:00 PM, By the strict Interpretation of the parking signs posted on the site, these vehicles could be towed and the spaces made available for patient parking. In the remaining portion of Area B, there are no restrictions on the 46 spaces in terms of parking. The long term parking component of this area was 8-15 spaces between the hours of 9:00 AM and 4:30 PM. The majority of these long term parkers were located in the parking area farthest from the Kennedy Club Building and medical offices, Most of the spaces in front of the Kennedy Club building were available for patrons. James Way Intersection The operation of the existing James Way driveway access was evaluated. During the afternoon peak hours of 4:00 - 6:00 PM, manual turning movement counts were conducted for the intersection focusing on traffic entering or leaving the site. The results of the turning movement analysis are shown below in Table 6, Table 6 Intersection Turning Movements at James Way - Monday{fhursday Time RIQht In Left Out Left In RiQht Out 4:30 PM 19 17 17 9 3 3 2 2 4:45 PM 20 30 20 11 1 3 9 0 5:00 PM 19 23 20 17 1 5 5 5 5:15 PM 31 25 16 16 3 6 7 4 5:30 PM 12 18 20 16 6 3 1 5 5:45 PM 20 15 19 11 2 2 3 4 Total 121 128 112 80 16 22 27 20 PercentaQe 88% 85% 80% 80% 12% 15% 20% 20% Mr, Rob Strong April 30, 2004 Page 6 The turning movement data indicates that the majority of traffic entering the site is oriented toward Oak Park Boulevard - over 80%, Further during the traffic counts, entering vehicles were observed to swing wide upon entering the site and cross over Into the outgoing vehicle paths on numerous occasions. Also at the first turn on-site into the parking fields, vehicles were also observed to cut the corner and travel into the other side of the drive aisle. With the landscaping and vertical grade change that exists at this location, visibility is limited. Several near misses were observed at this location, The queue of vehicles waiting for the left turn signal on James Way at the Oak Park Boulevard intersection reached a maximum of five vehicles with the majority reaching four vehicles or less during the PM peak hours. The left turn lane has adequate storage for 4-5 vehicles (125 feet). The closest James Way driveway could be 226 feet, This indicate$ that the left turn traffic at the Oak Park Boulevard intersection would not be expected to affect the operation of left turn traffic at the proposed upper site driveway. SummarY and Analysis To document the parking characteristics at the Kennedy - Sheppel medical office/health club site, two surveys were conducted on a typical Monday and typical Thursday during the week. The data indicated that the site overall has adequate parking available to tenants, patients and patrons, However, the management of the parking spaces remains a problem. The problem stems not from parkers using spaces that are not designated for their building, but employees parking close in. Also, the designation of the parking area furthest from all of the buildings is limited to the medical office buildings, The observed use of this parking area is for limited employee usage and overflow for Kennedy Club patrons. Based on the traffic volume data collected, over 80% of the vehicles entering or leaving the site travel toward Oak Park Boulevard. Also, many vehicles traveling on-site do not utilize their own travel lane, Recommendations The following recommendations have been developed by OEG staff and reviewed with the Public Works Department to address the parking and vehicle operating behavior observed. 1. Strongly encourage all employees to utilize parking in Area C to allow the high turnover patient/patron parking to utilize the close in spaces, This will include redesignating Area C for employee parking only. 2. The property owner should install additional parking lot lighting in Area C to provide adequate nighttime visibility, 3. Open the westerly or upper driveway to the project site for right turn access only from James Way, This would include appropriate signage, removal of the asphalt berm, temporary removal of eight parking spaces immediately adjacent to the driveway, and the replacement of at least eight parking spaces on-site. These spaces could be provided on road base onlYi no asphalted parking areas are required. 4. Install 50 linear feet of double yellow painted pavement stripe at the existing entrance/exit to clarify the entry and exit lanes. Mr. Rob Strong April 30, 2004 Page 7 5. Schedule a limited survey to assess the operation of the driveway modification and parking lot occupancy after the modifications are completed. This concludes the summary and analysis of the first Kennedy-Sheppel parking survey. Should you have any questions, feel free to contact us. OEG, Inc. thanks you for the opportunity to meet your needs on this exciting project. Enclosures Table 1 Summary of Site Tennats Survey Number 1 860 Oak Park Boulevard Number Square Hours Days Employees Footage Suite 101 8AM - 5:00 PM M-F 6 5220 Suite 102 6AM - 3:30 PM M-F 10 Suite 201 8AM - 6:00 PM M-W 4 5220 8AM - 6:00 PM Th-Fri 4 Suite 202 8AM - 5:00 PM M-F 3 Suite 203 8AM - 5:00 PM M-F 4 Suite 204 8AM - 12 Noon M 5 1:15 PM - 5PM W 5 Suite 301 By Appointment Only 1 900 Building Total 32 11340 Employees per 1000 Square Feet 2.82 880 Oak Park Boulevard Number Square Hours Days Employees Footage Suite 101 Vacant NA NA Suite 102 Vacant NA NA 3780 Suite 103 Vacant NA NA Suite 201 7:30AM - 5:30 PM M-Th 5 3780 Suite 202 7AM -7:00 PM M-F 4 Building Total 9 3780 Employees per 1000 Square Feet 2.38 (occupied space only) Kennedy Club Fitness 5AM - 10:00 PM M-F 10 to 16 18500 Building Total 13 18500 Employees per 1000 Square Feet 0.70 Site Total Building Total 54 33620 Employees per 1000 Square Feet 1.61 ****~**********~********~## ~ Q)ro 0 - - ~~~~~~VOOOOV~ONO~NV~M~MOOV~~~~ q .- 0 ~~m~~m~~~~N~~~ci~~~~~~N~~ci~~ 0 (/)1- MNM~~~~~~~~~~V~~~~~V~~~~~~~ 0 ...... **#~~###**##*##~~#**~~~~~~# ~ 0 C O~~~~V~MVO~OOV~~~OO~O~~~~~OM~ q ~~~~~N~~~ciNmNm~~~cici~~ci~~~~~ 0 NNM~mOO~~v~vMMNNNNM~M~OOmm~OO~ 0 ...... ~~~~~~~#########~#*~~~##### ~ 0 () ~~~~~~~~~~~~~q~q~~~~~~~~qq~ q m~V~VV~VOOOO......OO~OO~OOOO......MMVOMOO~ 0 0 ......MMMMMMVV......MNNNN......~NVVMVV~~V ...... ~##~~~~~~#~####*#*****~*~~~ ~ 0 00 ~M~O~~m~mM~M~M~~VOO~~~O~~O~ q ~m~d~~~~~m~m~~~N~~ci~~M~NN~~ 0 VM~~~~mm~~~~~ ~~~~OO~~OO~OOOO~~ 0 ...... ~###~~~*~#*####~#*#**~##### ~ 0 <t ~~~~~~~~~~~~~q~~~~~~q~~~~~~ q J9 0 m~~~~~~V~~OO~M~OO~VOONMO~~~OO~~ 0 0 ~M~m~mOO~~~ ~~~~OO~~~~~VMMNN ...... r "0 ~ c: ooooooggggggOOOOOOOOO~O~O~O ro '0 ro OM OM OM.......... ..OMOMOMOMO~MVO~M co .......... 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C/) S......coovCOO>OOO>T"'"O>CIOO>(')COVVCOClOT"'"CIO v ~ ~~~~NN~N~~~~~~~~~~ N ooooooggggggooooooooo ~ '(3 0(')0(')0(').......... ..0(')0(')0(')0(')0 C'D .. .. .. .. .. .. 0 0 T"'" T"'" N N .. .. .. .. .. .. .. .. .. 0. ............CIOCIOO>O>T"'"T"'"T"'"T"'"T"'"T"'"T"'"T"'"NN(')(')VVLO C'D (.) Survey Data Kennedy - Sheppel Parking Analysis March 29, 2004 April 1, 2004 . May 2004 -- ,-.-.-- 1.7 '<. J ~v{-L9V Kennedy Club Fitness - A.G, 1299 James Way Arroyo Grande CA 93420 Day Period Attendance Report for Club Criteria selected Dale: 12/3112003 3S00 3000 2895 2500 2000 I_Number Of Visits I 1500 1000 500 67 0 0 1 2 3 4 5 6 7 8 9 10 Day Periods Day Period Attendance Ust 1EAM Early Moming 6:00:00 AM to 7:29:59 AM 958 2AM MornIng 7:30:00 AM to 8:59:59 AM 2052 3 lAM Late Morning 9:00:00 AM to 11:29:59 AM 2895 .. NOON Noon 11:30:00 AM to 1:59:59 PM 1891 >- SEPM Early Afternoon 2:00:00 PM to 3:59:59 PM 1678 6PM Afternoon 1:00:00 PM to 5:59:59 PM 2119 7 EVE Evening 6:00:00 PM to 7:29:59 PM 1094 8 LEVE Late Evening 7:30:00 PM to 8:59:59 PM 554 9NITE Night 9:00:00 PM to 11:59:58 PM 67 10 lTNT Late Night 11:59:59 PM to 5:59:59 AM 0 Total VISits : 13308 -- ~ 1tV~/\)~ r Date: 01/23/2004 Kennedy Club Fitness - A.G. 1299 James Way Arroyo Grande CA 93420 Day Period Attendance Report for Club Criteria Selected IAI MemberslProspecls I BegIOl1ll1Q Date : 3I29l2OO4 Endmg Date : 313012004 350 299 300 250 200 I_Number Of Visits I 150 100 50 13 0 0 1 2 3 4 5 6 7 8 9 10 Day Periods Day Period Attendance Ust 1 EAM Early Morning 6:00:00 AM to 7:29:59 AM 86 2AM Morning 7:30:00 AM to 8:59:59 AM 199 3 LAM late Morning 9:00:00 AM to 11:29:59 AM 211 4 NOON Noon 11:30:00 AM to 1:59:59 PM 166 5EPM Early Afternoon 2:00:00 PM to 3:59:59 PM 136 6PM Afternoon 4:00:00 PM to 5:59:59 PM 299 7 EVE Evening 6:00:00 PM to 7:29:59 PM 187 8 LEVE late Evening 7:30:00 PM to 8:59:59 PM 77 9 NITE Night 9:00:00 PM to 11:59:58 PM 13 10 LTNT Late Night 11:59:59 PM to 5:59:59 AM 0 Total Visits: 1374 \-\D\ArS of C uU 10 5 t1 n1 - /O?VVt l Date: 04/21/2004 -....---..-...- ~----,..,_..._.-.,_. .-~ Kennedy Club Fitness - A.G. 1299 James Way Arroyo Grande CA 93420 Day Period Attendance Report for Club Criteria Selected IAII MemberslProspects I Begmmng Date : 4/112004 Enchng Date : 4/112004 160 150 140 120 100 80 I.~mberorvlsltsl 60 40 20 0 0 1 2 3 4 5 6 7 8 9 10 Day Periods Day Period Attendance Ust 1 EAM Early Morning 6:00:00 AM to 7:29:59 AM 37 2AM Morning 7:30:00 AM to 8:59:59 AM 70 3 LAM Late Morning 9:00:00 AM to 11:29:59 AM 106 4 NOON Noon 11:30:00 AM to 1:59:59 PM 75 5EPM Early Aftemoon 2:00:00 PM to 3:59:59 PM 52 6PM Aftemoon 4:00:00 PM to 5:59:59 PM 150 7 EVE Evening 6:00:00 PM to 7:29:59 PM 68 8 LEVE Late Evening 7:30:00 PM to 8:59:59 PM 42 9NITE Night 9:00:00 PM to 11:59:58 PM 8 10 LTNT Late Night 11:59:59 PM to 5:59:59 AM 0 Total VISits : 608 Date : 04/21/2004 --..---...-.-.-.. 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OMOMOM9.~9.~9.~OMOMOMOMO 'u .......... ..OO..........C\lC\I.................. tV ,....,....CX)CX)O>O>........................................C\lC\lMMvVIO Co tV () 'E E . Q)~~~~~<fl.~~~~~~~~~~~~~~~~ o 0000 0000000000000000 ... 100C\lOM,....CX)VCOIOMCX)0>0>,....~C\lOMIOM Q)CIOCX)CX)CX)O>CX),....,....,....,....CX),....COCOCO CO 10 v lOCO Q. 0 ....J 15 Co_ CC~SCOCX)O>~~~~~~~~~~~~,....CX)COCOCOIO .s::. CI) ~.....O.....IOVIOCX)O>,....OCX)CX)COCOIOMMC\lV.....CX) V ~T""T""T""T""T""T""T""T""T""NT""T""T""T""T""T""T""T""T""T"" C\I 000000000080000000000 Z. OMOMOM9.~9.~..~OMOMOMOMO 'u .......... ..00..........C\lC\I.................. tV ,....,....CX)CX)O>O>........................................C\lC\lMMvvlO Co tV () ------ A TT ACHMENT 6 NOTES STAFF ADVISORY COMMITTEE (SAC) JUNE 3, 2004 1 :00 P.M. STAFF ADVISORY COMMITTEE MEMBERS PRESENT: Victor Devens, Public Works; Larry Schmidt, Building; Dave Sanchez, Police; Kelly Heffernon, Associate Planner and Acting Community Development Director; Jim Bergman, Assistant Planner; Andrea Koch, Planning Intern. STAFF MEMBERS ABSENT: Dan Hernandez, Parks, Recreation, & Facilities; Dave Crockett, Code Enforcement Officer; Steve Andrews, Police; Terry Fibich, Fire; Rob Strong, Community Development Director. APPROVAL OF NOTES: Minutes of May 3rd, 2004 approved with minor corrections. ORAL COMMUNICATIONS: None. PROJECTS: A. PRE-APPLICATION REVIEW CASE NO 04-011; APPLICANT - RUSS SHEPPEL; LOCATION - JAMES WAY & OAK PARK. Project Planner, Kelly Heffernon. Description: Proposed residential/professional mixed-use development in a Planned Unit Development. Issues: Representative . There will be a single owner for each parcel, and each parcel will accommodate 4 units. . Expansion of the project's office space is feasible because of parking sufficiency. . Applicant has a mitigation planting plan and a permit from Fish and Wildlife Service to improve vegetation below the creek bank. Community Development . Location of top of creek bank needs definition to determine the appropriate creek setback. What is the definition of top of creek bank? Public Works stated that top of bank is the point at which the slope of the creek bank and the surrounding land intersect. The Representative stated his need for further direction to define top of bank. Kelly Heffernon suggested using the list serve for the League of California Cities to see how other cities define top of creek bank. The Planning Commission can also help define this. . Traffic from the Kennedy/Sheppel shared parking lot would exit in front of the project's residential units. Is this acceptable? The Representative sta(ed that the residential units, which will be on the top floor, were re-designed to face the creek and not traffic, giving residents a sense of open space. Building and Fire . Provide two exits for any upper-story residential unit over 500 square feet in area. . Meet required fire flows of 1500 gallons per minute for two hours and sprinkler all units. . Provide larger water meters because of the residential units. NOTES SAC MEETING DRAFT PAGE 2 June 3, 2004 Public Works . The development is subject to review by the City of Pismo Beach for traffic impacts to Oak Park Boulevard. . The project is subject to the review and approval of the South San Luis Obispo County Sanitation District. The project wastewater currently flows to the "Bakeman Bottleneck". . Submit detailed wastewater flow calculations for review by the Director of Public Works. . Pay fair share for impacts to the following wastewater capital improvement projects: Stormwater Inflow Remediation, EI Camino Real Upgrade, and Walnut Street Upgrade. . A traffic study analyzing all possible driveway configurations and recommending the optimal design should be submitted and approved prior to deeming the application complete. . It appears that some of the existing parking spaces will be utilized for parking for the proposed residential development. How will that impact the existing parking situation? . Submit a site plan before further review indicating existing public and private utilities and the proposed relocations. . Submit a detailed drainage study to indicate handling of additional site run-off and relocation of the existing storm drain improvements. . The applicant should note that in larger storm events, storm water is meant to overtop James Way. . A maintenance agreement for maintenance of all shared facilities shall be reviewed and approved by the City Attorney and the Director of Public Works. . Relocate the existing water main and provide the appropriate easements. . Perform a flood study. Per Panel 060305 0001 C of the Flood Insurance Rate Maps produced by FEMA, this portion of the project site may be subject to flooding from a 100- year storm. . Dedicate a 25' creek easement from top of bank. . Pay all the usual fees - Plan Check, Map Check, Grading, and Inspection. . All improvement plans and studies shall be prepared by a civil engineer licensed in the State of California. . Overlay James Way from the easterly project driveway to Oak Park Boulevard. . Pay fair share of the Camino Mercado/West Branch signal construction as determined by the traffic study. . Extend the sewer main across the property frontage and provide the appropriate easement. . Private lift stations may be necessary for all of the lower units. Action: This project should undergo review by the ARC and possibly by the Planning Commission to define the top of the creek bank. B, PRE-APPLICATION REVIEW CASE NO, 04-009; APPLICANT - JIM MOTTER; LOCATION -143 BRISCO ROAD, Project Planner, Kelly Heffernon. Description: Review of a proposal for a mixed-use development, including a Lot Line Adjustment to allow three parcels for residential/commercial and retail development. Issues: Applicant . Would the project still be considered Mixed-Use if three different lots with three different units were proposed? Community Development: Yes. . Is an EIR necessary? ..~ -- MINUTES PLANNING COMMISSION A TT ACHMENT 7 JUL Y 6, 2004 Chair Guthrie closed the hearing to the public. Commission Comments; Arnold: . Encouraged the two parties to come to an agreement. Guthrie: . He could agree to approve the change in grading and some reasonable accommodation be made to extend any utilities that would interrupt the quiet enjoyment of the homeowners. The Commission agreed to approve the changes if they come forward. B, PRE-APPLICATION REVIEW CASE NO, 04-011 ; APPLICANT - RUSS SHEPPEL; LOCATION - OAK PARK AND JAMES WAY, Staff report prepared and presented by Associate Planner, Kelly Heffernon. Ms. Heffernon gave an overview of the proposal for a phased Mixed-Use Planned Unit Development composed of residential units added to existing offices and fitness club uses; stated that the parking arrangement does not fit current parking standards; there will be an entrance only on the Kennedy side and exit only on the Sheppel side (creating a looped driveway) and is subject to continuing monitoring that will be re- evaluated in February 2005. Victor Devens, Public Works, added the following comments for Commission consideration: . Existing utilities would have to be relocated. . The present wastewater line from this project (County collection line) is at capacity; the City should not grant occupancy until a relief line in place (could be one to two years); there are other projects already approved not yet connected to this line. . Traffic report would be required. Although this was not a public hearing Chair Guthrie opened the discussion for public comment. Kim Hatch, Pults & Associates, handed out site plans and answered some of the Commissioners concerns; stated the applicant would like an interpretation from the Commission on the "top of bank" issue so they could decide how to move forward with the project. Chair Guthrie closed the public discussion portion. Commission Comments: Arnold: . He would have a hard time assessing this project until the entry and exits have been determined if they will work or not. . Need to see cross-sections of how top of bank would work. -- MINUTES PAGE 5 PLANNING COMMISSION JUL Y 6, 2004 . He had a concern with regard to traffic on the four units closest to James Way, but he did not have a problem with the concept of residential use at this location. Fowler: . Agreed with Commissioner Arnold on the parking issue. . Creek issue- should be site specific. . Parking not resolved and not yet working. . A viable project - she liked how it overlooks the creek. Brown: . Parking is a big issue and he would not approve deviations unless they were clearly justified. . The top of bank issue would also affect other properties and he would like to have further confirmation from other sources on this. Guthrie: . Liked idea of residential fronting the creek. . He would have concern for residents as the commercial flows all the way through this site. . He was fairly comfortable with the "top of bank" issue. . Had concerns about how parking would be controlled. . Does not think the exit only will work. . He liked the carports. . Some concerns about the office space in this project (displacing needed employee parking). Mr. Hatch stated originally they had looked at commercial development for this site and the residential seemed to be a better solution to relieve parking; they do want to develop the land and next time will bring a full package for the Commission to review. VI, PLANNING COMMISSION ITEMS AND COMMENTS: Commissioner Brown will be absent the next two Commission meetings. VII, COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW-UP: None VIII, TENTATIVE AGENDA ITEMS FOR JULY 20.2004 MEETING: No discussion IX, ADJOURNMENT: The meeting was adjourned at 8: 15 p.m. on a motion by Commissioner Brown, seconded by Commissioner Fowler. .. A TT ACHMENT 8 ORDINANCE NO, 527 C,S, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 9, CHAPTER 14 OF THE MUNICIPAL CODE TO EXPAND THE CITY'S CREEK DEDICATION REQUIREMENT FOR NEW DISCRETIONARY PROJECTS TO INCLUDE THE AREA 25 FEET FROM THE TOP OF THE STREAM BANK FOR ARROYO GRANDE CREEK AND ITS TRIBUTARIES AND MEADOW CREEK AND ITS TRIBUTARIES WHEREAS, Section 9-14,060(R) of the Municipal Code includes creek dedication requirements for subdivisions and development projects that abut Arroyo Grande Creek or its tributaries; and WHEREAS, the City Council of the City of Arroyo Grande has determined that expanding the creek dedication requirements to include Meadow Creek and its tributaries is critical to the preservation and protection of riparian and biological habitats and is in the best interests of the City of Arroyo Grande; and WHEREAS, the City of Arroyo Grande. has conducted an environmental review for adoption of an ordinance expanding creek dedication requirements to other creeks in Arroyo Grande and has found that it can be seen with certainty that there is no possibility that the proposed amendment to Section 9.-14,060(R) of the Municipal Code will have an effect on the environment and therefore is exempt from the provisions of CEQA; and WHEREAS, the City Council of. the City of Arroyo Grande has reviewed and considered the information in the proposed document and staff report, as well as public testimony presented at the hearing and has made the following findings of fact: A, The proposed amendment to Section 9-14,060(R) of the Municipal Code is consistent with the goals, objectives, policies, and programs of the General pian, and is desirable in order to implement the provisions of the General Plan, : B, The proposed amendment to Secti.on 9-14,060(R) of the Municipal Code will not adversely affect the public health, safety, and welfare, C, The proposed amendment to Section 9-14,060(R) of the Municipal Code is consistent with the purpose and intent of Title 9, ---- ________~._.'_.._.n ORDINANCE NO, 527 C,S, PAGE 2 of 4 D, There is no. possibility that the proposed amendment to Section 9-7,030 of the Municipal Code will have a negative effect on the environment and therefore is exempt from the provisions of CEQA, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Arroyo Grande Municipal Code Section 9-14,060(R) is amended to expand creek dedication requirements as follows: R. Creek Dedications For any subdivision or parcel map or development project requiring discretionary review abutting Arroyo Grande Creek including its tributaries (Tally Ho Creek, Spring Creek, Newsom Springs Creek and Los Berros Creek), or Meadow Creek including its tributaries, the subdivider or developer shall dedicate to the City all the area that includes the stream bed and twenty-five (25) feet back of the stream bank, areas that are designated as environmentally sensitive based on a biological report prepared by a qualified biologist, or other appropriate areas mutually acceptable for the purposes of "open space" , flood control, or "green belt," Exceptions to the requirements established in this subsection can be made only upon a finding that its application would violate Federal or State law. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for. any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof, The City Council hereby declares that it would have passed each sectio.n, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the . fact that anyone or. more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unlawful. SECTION 3: Within fifteen days after passage of this Ordinance, it shall be published, together with the names of. the Council Members voting thereon, in a newspaper of general circulation within the City, SECTION 4: This Ordinance shall become effective thirty (30) days after the date of its adoption, , -.-...----.+---. .------.---- - ORDINANCE NO, 527 C,S, PAGE 3 of 4 .. On motion of Council Member Lubin, seconded by Council Member Dickens, and on the following roll call vote, to-wit: AYES: Lubin, Dickens, Lady NOES: Runels ABSENT: None the foregoing Ordinance was adopted this 10th day of July, 2001, ORDINANCE NO, 527 C,S, PAGE 4 of 4 ~:~.--'. - ATTEST: >?a,t~ E, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~-- - /..~/\ .. -. _. -r...- "'~~. .,. ..:.. STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: , \ . OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Ordinance No, 527 C,S, which was introduced at a regular meeting of the City Council on June 26, 2001; and was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 10th day of July, 2001, ..- I further certify th~t said Ordinance No, 527 C,S. was duly published in accordance with the law and order of said City Council in The Tribune, a newspaper printed and published in said City, on July 25,2001. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th day of July, 2001. ~ ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK Jun 02 2004 1:41PM Triad/Holmes Associates 805-544-8932 p. 1 - triad/hol'mes civil engineering land 5\JNeylng ATTACHMENT 9 associates ~IC wOlkS Icnd evelQpment mammoth tokes. bishop. redwood eltl,' . nQpo san Juls obispo June '1,2004 Pults & Associates " 3450 Broad Street, Suite IV Sail. Luis Obispo, CA 93401 Facsimile: (805)541-4371 . ' Attention: Kim Hatch Subject: Top of Bank Study for Sheppe1.Property (APN Nos. 007-771-053 & 062) Dear Kim , , . Based on a review of survey data collected in January of2001, it can be concluded that elevation oftbe b&1k that constrains Meadow Creek to its channel ~t the location of-the subject Sheppel Property is no greater than 73;82 feet (see Exhibit A). Furthermore, bas.ed o~ a site visit made on May 26, 2004 it was discerned that the location of this survey shot was appr~ximately 3 feet higher than th~ easterly top of bank. Therefore, we feel that the highest top of bank for Meadow , . - '. . Creek. adj3.cent to the sUbject Sheppel Property is approximately 71 feet. Sincerely, THA triac:Vho Attachment \\Slo\'B\1It\Sharc\lOItS\II.OOI64.2-00003\TOP OF BANK STUDY.doc 55S chOlTo street. suite 01 . son Juls obispo. co 93405 . 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