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Agenda Packet 2005-02-08 CITY OF City Council Agenda Tony Ferrara Mayor Steven Adams City Manager Joe Costello Mayor Pro Tem ~1 Timothy J. Carmel City Attorney Jim Dickens Council Member Kelly Wetmore City Clerk Jim Guthrie Council Member Ed Arnold Council Member AGENDA SUMMARY CITY COUNCIUREDEVELOPMENT AGENCY MEETING TUESDAY, FEBRUARY 8,2005 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 7:00 P.M. 2. ROLL CALL: COUNCIURDA 3. FLAG SALUTE: ARROYO GRANDE LIONS CLUB 4. INVOCATION: PASTOR GEORGE LEPPER, PEACE LUTHERAN CHURCJi, ARROYO GRANDE 5. ~PECIAL PRESENTATIONS: 5.a. Recoanitlon of Outaoina Commissioners. Committee. and Board MemlMrs 5.b. Mayor's Commendation Recroanlllna Kirk Scott for CoolJllnaUna. ~Ina. and Overseelna the South Countv Historical Socletv's "Barn" PraIIIot at tfI[1taae $auare S.C. Proclamation Recoanlzlna Februarv 22. 2005 as "SDaY Day USA 2005" 6. AGENDA REVIEW: Sa. Move that all resolutions and ordinances presented tonight be read in title only and all I further readings be waived. __..____.. u_____"_ _ ---- AGENDA SUMMARY - FEBRUARY 8, 2005 PAGE 2 7. COMM~NITY CO"M~ttD ANQ '~GSlES1]OJA: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters D21 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 follow1ng 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. ~~SeNT AG~: 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 Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of.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 gl-.buraement 8.8tlflcatlon (PillOW) Recommended ActIon: Ratify the listing of cash disbursements for the period January 16,.2005 through January 31, 2005. 8.b. Consideration of AcceDtance o~ Annual flnanclat-R8DOI't8 (PILLOW) [COUNClLJRDA] Recommended Action: Receive and file the Audited. Annual Financial Reports for the Flscai Year ending June 30, 2004. 8.c. . (WETMORE) Recommended ActIon: Approve the minutes of the Regular City Council Meeting of January 25, 2005, as submitted. 8.d. Consideration of "flection of CI,lm Aaalnst City - C. BarneaIK. Goodlow (WETMORE) Recommended Action: Reject ciaim. 8.e. I ~(TERBORCH) Recommended ActIon: 1) Adopt Ordinance adding Chapter 8.38 to Title 8 of the Arroyo Grande Municipal Code providing for the licensing and regulation of retailers of tobacco products; and 2) Adopt Resolution establishing fees and administrative penalties. AGENDA SUMMARY - FEBRUARY 8, 2005 PAGE 3 8. QQN~ENT AGENDA (continued}: I 8.1. Consideration of Authorization to Purchase Reolacement Pope. Uttlltv Patrol j ! Vehicle (TERBORCH) I Recommended Action: Authorize staff to purchase one (1) replacement Police utility J patrol vehicle from Christianson Chevrolet for $29,654.80. I I 8.g. Consideration of AdoDtlon of Q{tInance Ad.sI,lna ChaD_ t3a to lItI1J 2f 1111 j =::r:~"=~~~ (SPAGNOLO) Recommended Action: Adopt Ordinance. 8.h.. ~n~~~~~n~a,....~Parcellnto Seven m R88~" parcel, Located It ~ ~..,..... (SPAGNQl; ) Recommended Action: Approve Final Tract Map 2506, subdividing .80 acres into seven (7) residential parcels. 8.i. Consideration o. Annual Adjustment 9t.DI'Jlnaae Fees fOf ~vo G.rIafaLDrainaae ~ and QrII~ ImDaCt and..Jalllll..Fee ~ (SPAGNOLO) Recommended Action: 1) Adopt Resolution approving an adjustment to the City's drainage fees for Arroyo Grande Drainage Area No. 1 based on changes in the Engineering News Record Construction Cost Index; and 2) Direct staff to solicit proposals from qualified consultants to evaluate a storm water utUity and drainage impact fee for the entire City. 9. ~: 9.a. . 9.b. Co~ of pevelODment Code Amendmen, 04-006 - Propo..~ AmencUDa.1he ZonJmL.MaD to ~Rezone Certal!] ,ProD8l1lea fQf ~ICV wIJIUbI .GID.IrII.!IIn (STRONG) Recommended Action: Introduce Ordinance. 10. . . None. -,.'.---...--- ---- -_._'-~ AGENDA SUMMARY - FEBRUARY 8, 2005 PAGE 4 11. NEW I'U$lNiH: 11.a. 11.b. Consideration of ADDroval for Code e"f~rcement C~lon Proaram (FIBICH) Recommended Action: Approve the proposed Code Enforcement citation program. 11.c. Consl~lon of Reaueat from the Cltv olPlsmo Beach to P.rt'cI~ I.D.Jtudv on Jqlnt Fire ServIcea (ADAMS) Recommended ActIon: Approve participating in a study of joint fire services with the City of Pismo Beach, City of Grover Beach and the Oceano Community Services District. 12. I I . . The following item(s) are placed on ttae agenda by a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a fonnal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. None. 13. m:IMAN~QiB ITEM,; 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.fonnal action can be taken. None. 14. 15. 16. ~QYM.IKTY COftDIiNTS Nm..UGGO:UONI: 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. ADJOVR~~e~T AGENDA SUMMARY - FEBRUARY 8, 2005 PAGE 5 .......................... All staff reports or other written documentation relating to each item of business refe"ed 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. ..AAAAAAAAAAAA........... Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. www.arroyogrande.org J ! I ! j ! e.a. RECOGNITION OF OUTGOING COMMISSIONERS. COMMITTEE. AND BOARD MEMBERS PLANNING COMMISSION Nan Fowler (2001 - 2005) Jim Guthrie (2000 - 2004) Ed Arnold (2002- 2004) TRAFFIC COMMISSION Scott Metcalf (2003 - 2005) Oerril Pilkington (1997 - 2005) Kirk Scott (1999 - 2005)* *Also recognized for serving as Citizen Representative to the Citizens' Transportation Advisory Committee (2000 - 2005) SENIOR ADVISORY COMMISSION Herman Olave (1997 - 2005) PARKS AND RECREATION COMMISSION Harlan Silva (2001 - 2005) Robert "Bob" Brown (2001 - 2005) ARCHITECTURAL REVIEW COMMITTEE Melanie Hodges (2001 - 2005) Jamie Ohler (1999 - 2005) ~__U"._________. __ I.b. OF '~CALIFORNIA >k -~~ Mayor's Commendation Recognizing Kirk Scott On this 8th day of February 2005 For Efforts in Coordinating, Overseeing and Constructing the South County Historical Society's "Barn" Project at Heritage Square Tony Ferrara, Mayor ---_.~- _.__._~-" - - S.c. OF '~LlFOR~ - ~ J-Ionoro."J ~a~ ~~ ~1ifULj 22. 2005 CUI ..~ ~ <0~" WHERW, dogs and cats provide companionship to and share homes of over 63,000,000 individuals in the United States; and WHEREAS, two unaltered cats and their offspring can produce 420,000 more cats In seven years and two unaltered dogs and their offspring can produce 67,000 more dogs in six years; and WHERW, humane societies and shelters have to kill approximately four million dogs and cats each year, although many of them are healthy and adoptable, simply because there are not enough good homes; and WHEREAS, the problem of companion animal overpopulation costs the taxpayers of this country over a billion dollars annually through animal control programs aimed at coping with the millions of unwanted dogs and cats; and WHERW, spaying and neutering dogs and cats has been shown to drastically reduce dog and cat overpopulation; and WHERW, veterinarians, humane societies, national and local animal protection organizations, and private citizens worked together to ensure the spaying or neutering of more than 100,000 companion animals through "Spay Day USA" in 2004, and they have joined together again to advocate the spaying and neutering of companion animals on "Spay Day USA 2005". NOW, THEREFORE, BE IT RESOLVED, that I, Tony Ferrara, Mayor of the City of Arroyo Grande, on behalf of the City Councili do hereby proclaim that February 22, 2005 Is designated "Spay Day USA"; and encourage people of Arroyo Grande to observe the .- day by having their own dogs or cats spayed or neutered or by sponsoring the spaying or neutering of another person's dog or cat. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Arroyo Grande to be affixed this 81h day of February 2005. i Tony Ferrara, Mayor 8.a. MEMORANDUM TO: CITY COUNCIL AI FROM: ANGELA PILLOW, DIRECTOR OF. FINANCIAL SERVlCEsfJ!!- fu BY: FRANCES R. HEAD, ACCOUNTING SUPERVISOR~ SUBJECT: CASH DISBURSEMENT RATIFICATION DATE: FEBRUARY 8, 2005 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period January 16-January 31, 2005. FUNDING: There is a $708,762.48 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 - January 21, 2005, Accounts Payable Check Register Attachment 3 - January 21, 2005, Payroll Checks and Benefit Checks Register Attachment 4 - January 28, 2005, Accounts Payable Check Register Attachment 5 - January 28, 2005, Accounts Payable Check Register ----.---- ATTACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS 77M de 'PfJIiMt ~ ~ 16 7~ ~ 31, 2005 .~,.. . ,- ' ~ "n' n..n. . ,.". February 8, 2005 Presented are the cash disbursements issued by the Department of Financial Services for the period January 16 to January 31, 2005. Shown are cash disbursements by week of occurrence and type of payment. WEEK TYPE OF PAYMENT ATTACHMENT AMOUNT January 21, 2005 Accounts Payable O<s 119238-119332 2 $ 37,877.83 Payroll Checks and Benefit Checks 3 444,617.17 $ 482,495.00 January 28, 2005 Accounts Payable O<s 119333-119429 4 $ 226,069.48 Accounts Payable O<s 119430-119432 5 $ 198.00 Z1iJ;1b7.48 TW~WEEK TafAL $ 708,762.48 U:\MSWORD\OTY COUNCIL FORMS\ CASH DISBURSEMENT SCHED wEXCEL WKS.doc -- CI1Y 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/ Insurance/ 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 Departmental 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 U:\MSWORD\CITY COUNCIL FORMS\CASH DISBURSEMENT SCHED wEXCEL WKS.doc ... ~ 00 00 (J)G) gg gg g~ ..~ T'" 00 00 (t)("') ..... ~ ~ .0.0 cia (")(0) cia NN ~~ ~~ 0 ~ IOU) NN ..~ 1'-1'- (J)G) .....~ .....~ .....~ (t)("') ~ U). .....~ G) <P ~ en ai a.. r- ., ZZ ., ., ., .. .. zZ " ~ zZ ~ SS ~ a: a: ~ u..u.. ~ i ~ i $ 00 uJuJ ZZ ~~ C) 0000 0 0 i t- t- u..u.. t- OO t- t- t- t- Z zZ 0000 ZZ ()() 1-1- 9 wen uJuJ 00 ~~ 0000 ~~ ~ 00 uJuJ ()() ()() uJuJ ~~ 5 a: a: bb C)C) ~~ 0000 titi ~~ c:(c:( ~~ a:I r- ..J..J JJ a.. a.. 0000 C)C) ~~ ?: ~ ~ a.. a.. 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O 0 \-,"",.sg \- ~ ~ ~ t: 0 ~ \1; \1; 1& 1 ~ :J: ~ && ... ~ ~ \- WU1 o et. W 00 Co) .... (/) ~~ 9 ~.."<t?"<t (t,a:.1> _ WO ~ 4(,<(ct'> -e ,,\C')O~ "o.."<t o ~ t.O Z " .... . ~ ....,,;<(~. OO~ Co \-0 ZZ .~ 0 ~~ ?? J, ~d~d fufuo ~ _~....~ ...,...,<r o :;;000(/)0 ........0 '* o u1 0- o ~ ~C) ~O ,-,>", .0 .sa it ~ ~et. ~ 04 Q) ~ t.O ,..U- Co)~ ~ o '0 ~ 0 ~ S Q. E o o W \-: :J :...J ? 0.. "'") (0 ? . 0 o '6 $:J- et. - C) et. .. 'f}. ~ ~" ;; N II So ~'" '" {e .g~ ;:: !,. " _ ~ ~ 5 Q) 0 0 0 t: 5 > 0 - - 4 ~t.O S e. e. ~ gO! ! ~ ~ ~ ~ ,," CO') (0 0 ~ ~ ~ ~o ~ 0 N ~ 0 ., ~:;= - >> ~ ., ~ S S 10 Q) o ~.. -. ~ 0 Q) ~ ~ ",_ ~.sg~ ct'> :::~ t: ~O) ~ s:;.- co o~ ~ ~~ co:;;oo~ ATTACHMENT 3 2005"-0 ~ ~ VN\tt ... ""'C.I!.B CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 12/31/04 - 01/13/04 01/21/05 FUND 010 398,434.58 Salaries Full time 177,840.47 FUND 220 21,397.80 Salaries Part-Time - PPT 19,158.37 FUND 284 1,563.19 . Salaries Part-Time - TPT 6,898.76 FUND612 6,665.76 Salaries OverTime 13,229.91 FUND 640 16,555.84 Salaries Standby 371.87 444,617.17 Holiday Pay 14,440.06 Sick Pay 6,249.33 Annual Leave Buyback - Vacation Buyback 40,848.36 Sick Leave Buyback - Vacation Pay 9,357.13 Comp Pay 10,015.02 Annual Leave Pay 5,059.~5 PERS Retirement 58,952.59 Social Security 22,996.84 PARS Retirement 368.33 State Disability Ins. 1,456.30 Deferred Compensation 750.00 Health Insurance 31,189.69 Dental Insurance 3,980.08 Vision Insurance 904.00 Life Insurance 742.53 Long Term Disability 1,069.56 Uniform Allowance 18,000.00 Car Allowance 500.00 Council Expense - Employee Assistance 163.62 Boot Allowance - J Motor Pay 75.00 - 1 444,617.17 I I , i j I - - r:: :J .... 0 E c( CD C) ~ IV CD Eo-4Q. C> <\I Z a.. ~ == U ~ -< :I: Eo-4 (,) Eo-4 - 0 r:: a::: -< :J 0 ~ U I U ...J ~ ~ .r:: 0 W ;::I Z Do W 'r:: a::: u ~ (I) Q) (,) c a.. 'It W 0 Q Q. Z -~ .!! " ""0 ...> (1)0 'c1t: glt: 00( >1&.. Q) 10 0 U ~ .0 ~ > N .E ..... 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MEMORANDUM TO: CITY COUNCIUREDEVELOPMENT AGENCY BOARD OF DIRECTORS FROM: ANGELA PILLOW, DIRECTOR OF FINANCIAL SERVICES AI SUBJECT: CONSIDERATION OF ACCEPTANCE OF AUDITED ANNUAL FINANCIAL REPORTS DATE: FEBRUARY 8, 2005 I RECOMMENDATION: I It is recommended that the City Council/Redevelopment Agency Board of Directors receive ~ and file the respective City and Redevelopment Agency Audited Annual Financial Reports , i i for the fiscal year ended June 30, 2004. \ ! I FUNDING: I There is no fiscal impact from this action. DISCUSSION: The firm of Moss, Levy & Hartzheim, CPA's was hired to audit the City of Arroyo Grande's/Redevelopment Agency's financial records for the fiscal year ended June 30, 2004. Audit services are retained for two reasons: first, to have an independent review of internal control and secondly to ensure that the resulting financial reports fairly represent the financial position of the City and Redevelopment Agency. The auditors conducted testing of internal controls in July 2004. The procedures for receiving and disbursing cash, the accounting methodology used to record transactions, the separation of duties to avert collusion, and asset securities were reviewed. As a result of this extensive testing, six internal control issues/events were brought to the attention of staff. These six findings and the City's responses are detailed in the attached Management letter. While the items identified are minor issues, staff takes the auditor recommendations seriously as evidenced by the immediate implementation of most of the recommendations. In December of 2004, an audit was conducted on the 2003-04 financial transactions. Documentation in support of the assets, liabilities, and fund balance of all the funds in the City was examined and verified. This process assures an impartial review and substantiation of the City and Redevelopment Agency's fund balances. The result of this review is the attached financial reports. - CITY COUNCIL ACCEPTANCE OF AUDITED ANNUAL FINANCIAL REPORTS FEBRUARY 8, 2005 PAGE 2 The fiscal year 2003-04 financial reports are in compliance with Government Accounting Standards Board pronouncement 34 (GASB 34). GASB 34 expanded and changed the information presented in the basic financial statements. The basic financial statements now include a transmittal letter from City Management assuming responsibility for the information presented (page 1), Management Discussion and Analysis (page 6) detailing the City's financial performance as a whole, and the Statement of Activities (page 18) that combines government funds (general fund, debt service fund and special revenue funds) with proprietary funds (water-funds). The intent of GASB 34 provisions are to ensure that all primary users of general-purpose external reports are provided with the basic information needed to assess an entity's finances. The audit of the General Fund, as shown in the table below, reports revenues of $.15,292 less than budgeted, expenditures of $302,784 less than budgeted, and the unused CIP projects of approximately $256,115. These reductions resulted in an increase to the budgeted fund balance of the General Fund of approximately $543,607. Expenditure containment by City departments accounted for the reduced expenditures, while the delay of CIP projects funded by the General Fund reduced the capital transfers. The fund balance for the General Fund is $2,470,510 or 22% of General Fund expenditures. However, $517,015 of this balance is reserved for prepaid items and $8,532 is reserved for inventory. This leaves an unreserved balance of $1,944,963, which is 17% of General Fund expenditures. Activ ity Budget Actual Difference 6/30/03 Fund Balance 2.998,675 2,998,675 - Revenues 11.039,570 11,024,278 (15,292) Expenses 11,450.738 11,147,954 302,784 C IP Transfers 660,604 404,489 256,115 Reserved for prepaid item s 517.015 Reserved for inventory 8,532 Unreserved fund balance 1.944.963 6/30/04 Total Fund Balance 1,926,903 2,470.510 543,607 Auditors may issue three different types of opinions at the conclusion of an audit, an Unqualified, Qualified, or Adverse Opinion. An Unqualified Opinion assures the audit reader that the information presented fairly represents the. financial position of the City. A Qualified Opinion states that the information is fairly presented except for a particular issue. An Adverse Opinion indicates that the agency has major accounting and/or internal control issues. The City is proud to report that for the Fiscal Year ended June 30. 2004, the City of Arroyo Grande and the Redevelopment Agency received Unqualified Opinions. ~---,- '-~'-'--- ~--- CITY COUNCIL ACCEPTANCE OF AUDITED ANNUAL FINANCIAL REPORTS FEBRUARY 8, 2005 PAGE 3 AL TERNA TIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendations and accept the audited financial reports; - Do not approve staff recommendations and return reports to auditor; - Modify staff recommendations and approve; - Provide direction to staff. Attachments: - City of Arroyo Grande Basic Financial Statement - Redevelopment Agency Basic Financial Statement - Management Letter ~---,-'-----"----~--~,~,.~.,.- '__~_n~ ~ity 0/ P.O. Box 550 214 East Branch Street ~ ~~ Arroyo Grande, CA 93421 Phone: (80S) 473-5430 Finance Phone: (80S) 473-5434 Business License FINANCIAL SERVICES Phone: (80S) 473-5438 Water Billing FAX: (80S) 473-0386 E-Mail: agcity@arroyogrande.org MANAGEMENT REPRESENTATION LETTER Moss, Levy and Hartzheim 802 East Main Street Santa Maria, CA 93454 Gentlepersons: We are providing this letter in connection with your audit of the financial statements of the City of Arroyo Grande as of June 30, 2004 and for the year then ended for the purpose of expressing an opinion' as to whether the financial statements present fairly, in all material respects, the financial position of the City of Arroyo Grande and the results of its operations and the cash flows of its proprietary and similar trust fund types in conformity with accounting principles. We confirm that we are responsible for the fair presentation in the financial statements of financial position, results of operations, and cash flows of the proprietary and similar trust fund types in conformity with U.S. generally accepted accounting principles. We are also responsible. for adopting sound accounting policies, establishing and maintaining internal control, and preventing and detecting fraud. We confirm, to the best of our knowledge and belief, as of December 3,2004, the following representations made to you during your audit. l. The financial statements referred to above are fairly presented in conformity with u.S. generally accepted accounting principles and include all properly classified funds and other financial imformation of the primary government and all component units required by generally accepted accounting principles to be included in the financial reporting entity. 2. We have made available to you all- a. Financial records and related data and all audit or relevant monitoring reports, received from b. Minutes of the meetings of the City of Arroyo Grande or summaries of actions of recent meetings for which minutes have not yet been prepared. 3. There have been no communications from regulatory agencies concerning noncompliance with, or deficiencies in, financial reporting practices. 4. There are no material transactions that have not been properly recorded in the accounting records underlying the financial statements or the schedule of expenditures of federal awards. 5. We believe the effects of the uncorrected financial statement misstatements summarized in the attached schedule are immaterial, both individually and in the aggregate; to the financial statements taken as a whole. 6. We acknowledge our responsibility for the design and implementation of programs and controls to prevent and detect fraud. 7. We have no knowledge of any fraud or suspected fraud affecting the entity involving: a. Management, .., b. Employees who have significant roles in internal control, or c. Others where the fraud could have a material effect on the financial statements. 8. We have no knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, former employees, analysts, regulators, short sellers, or others. 9. The City of Arroyo Grande has no plans or intentions that may materially affect the carrying value or classification of assets, liabilities, or fund equity. 10. The following, if any, have been properly recorded or disclosed in the financial statements: a. Related party transactions, including revenues, expenditures/expenses, loans, transfers, leasing arrangements, and guarantees, and amounts receivable from or payable to related parties. b. Guarantees, whether written or oral, under which the City of Arroyo Grande is contingently liable. c. All accounting estimates that could be material to the financial statements, including the key factors and significant assumptions underlying those estimates, and we believe the estimates are reasonable in the circumstances. 11. We are responsible for compliance with the laws, regulations, and provisions of contracts and agreements applicable to us, including tax on debt limits and debt contracts; and we have identified and disclosed to you all laws, regulations and provisions of contracts and agreements that we believe have a direct and material effect on the determination of financial statement amounts, including legal and contractual provisions for reporting specific activities in separate funds. 12. There are no - a. Violations or possible violations of budget ordinances, laws and regulations (including those pertaining to adopting, approving, and amending budgets), provisions of contracts and agreements, tax or debt limits, SEC debt requirements, and any related debt covenants whose effects should be considered for disclosure in the financial statements or as a basis for recording a loss contingency. b. Unasserted claims or assessments that our lawyer has advised us are probable of assertion and must be disclosed in accordance with Financial Accounting Standards Board (F ASB) Statement No.5, Accounting/or Contingencies. c. Other liabilities or gain or loss contingencies that are required to be accrued or disclosed by F ASB Statement No.5. d. Reservations or designation of fund equity that were not properly authorized and approved. 13. The City of Arroyo Grande has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset been pledg~d as collateral. 14. The City of Arroyo Grande has complied with all aspects of contractual agreements that would have a material effect on the financial statements in the event of noncompliance. 15. With respect to federal award programs: a. We are responsible for complying and have complied with the requirements of OMB Circular A- 133, Audits of States, Local Governments, and Non-Profit Organizations. b. We have, in accordance with OMB Circular A-133, identified in the schedule of expenditures of federal awards, expenditures made during the audit period for all awards provided by federal agencies in the form of grants, federal cost-reimbursement contracts, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, and other assistance. c. We are responsible for complying with the requirements of laws, regulations, and the provisions of contracts and grant agreements related to each of ollr federal programs and have identified and disclosed to you the requirements of laws, regulations, and the provisions of contracts and grant agreements that are considered to have a direct and material effect on each major federal program. d. We are responsible for establishing and maintaining effective internal control over compliance requirements applicable to federal programs that provides reasonable assurance that we are managing our federal awards in compliance with laws, regulations, and the provisions of contracts and grant agreements that could have a material effect on our federal programs. We believe the internal control system is adequate and is functioning as intended. Also, no changes have been made in the internal control system to the date of this letter that might significantly affect internal control, including any corrective action taken with regard to reportable conditions reported in the schedule of findings and questioned costs. e. We have made available to you all contracts and grant agreements (including amendments, if any) and any other correspondence with federal agencies or pass-through entities relating to each major federal program. f. We have received no requests from a federal agency to audit one or more specific programs as a major program. g. We have complied, in all material respects, with the compliance requirements, including when applicable, those set forth in the OMB Circular A-133, Compliance Supplement, relating to federal awards and have identified and disclosed to you all amounts questioned and any known noncompliance with the requirements of federal awards, including the results of other audits or program reviews. h. Amounts claimed or lIsed for matching were determined in accordance with relevant guidelines in OMB Circular A-87, Cost Principles for State, Local, and Tribal Governments, and OMB's Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. \. We have disclosed to you our interpretation of compliance requirements that may have varying interpretations. J. We have made available to you all documentation related to the compliance requirements, including information related to federal program financial reports and claims for advances and reimbursements. k. Federal program financial reports and claims for advances and reimbursements are supported by the books and records from which the financial statements have been prepared, and are prepared on a basis consistent with the schedule of expenditures of federal awards. I. The copies of federal program reports provided to you are true copies of the reports submitted, or electronically transmitted, to the respective federal agency or pass-through entity, as applicable. m. We have monitored subrecipients to determine that they have expended pass-through assistance in accordance with applicable laws and regulations and have met the requirements of OMB Circular A-133. n. We have taken appropriate action on a timely basis after receipt of subrecipients' auditors' reports that identified noncompliance with laws, regulations, or the provisions of contracts or grant agreements to ensure that subrecipients have taken the appropriate and timely corrective I action on findings. o. We have considered the results of subrecipient audits and have made any necessary adjustments to our books and records. p. We are responsible for and have accurately prepared the summary schedule of prior audit findings to include all findings required to be included by OMB Circular A-l33, and we have provided you with all information on the status of the follow-up on prior audit findings by federal awarding agencies and pass-through entities, including all management decisions. q. We are responsible for and have accurately prepared the auditee section of the Data Collection Form as required by OMB Circular A-l33, and we are responsible for preparing and implementing a corrective action plan for each audit finding. r. We have disclosed to you all contracts or other agreements with our service organizations, and we have disclosed to you all communications from the service organizations relating to noncompliance at the service organizations. To the best of our knowledge and belief, no events, including instances of n~mcompliance, have occurred subsequent to the balance sheet date and through the date of this letter that would require adjustment to or disclosure in the aforementione mancial state ts. !./#~ ~ /? Signed: ~~ Signed: ,. . - ;t'i~ -- -. Title: ;:-~;AO ~tA";~ )tA;l':ftl4 Title: O--/y ,17<< /1t7r9<Lr MEMORANDUM TO: STEVE ADAMS, CITY MANAGER FROM: ANGELA PILLOW, DIRECTOR OF FINANCIAL SERVICES SUBJECT: AUDITOR FINDINGS AND RECOMMENDATIONS DATE: January 03, 2005 Auditors from the firm of Moss, Levy, & Hartzheim conducted tests of internal control and audit procedures during the month of July. These tests were conducted to determine if the City employees adhere to City procedures; if these procedures are strong enough to prevent fraud, theft, or misuse of City property; and to determine material weaknesses in current procedures. At the conclusion of the auditors' fieldwork any findings or recommendations are presented to the Finance Service Department for discussion. The City then has an opportunity to either explain and/or remedy any outstanding issues. Any outstanding issues are then presented in a Management Letter at the conclusion of all audit work, normally in December. Paul Niedermuller, Fran Head and myself met on December 3, 2004 to discuss any findings. Mr. Niedermuller provided assurance that City policies and procedures are reasonably sound and auditors did not find any instances where City procedures were deliberately and maliciously abused. The Audit Findings were presented as minor in nature and easily resolved. 1. Finding: Invoices to be paid are first sent to the department supervisor for approval, once approved, the invoices return to AP for processing. The AP clerk processes the payment and runs the checks without a final review. In previous years, the Accounting Supervisor would review the check register before checks are printed. Auditor Rec;ommendation: The Accounting Supervisor should do a final review of the check register before the checks are printed to check for errors and possible fraud. Resolution: The following procedures have been put into place. Once invoices have been entered into the accounts payable system, the AP clerk runs the voucher listing. The Accounting Supervisor compares actual invoices with the final voucher I listing then signs and dates the report. Once the checks are printed, the Accounting Supervisor compares the voucher listing total with the accounts I payable check listing for accuracy using random samples. The check register is t then signed and dated by the Accounting Supervisor. I ~~._- --, AUDITOR FININGS AND RECOMMENDATIONS Page 2 2. Finding: The Accounting Senior processes payroll and then the Accounting Supervisor reviews the payroll data with respect to number of checks issued not the dollar amount. The Accounting Senior then finishes payroll by printing checks. There is not an independent check of payroll data before checks are printed. Auditor Recommendation: There needs to be an independent review of payroll data before checks are printed by someone independent of the payroll process, possibly the Accounting Supervisor, to avoid potential fraud risk. Resolution: The Accounting Supervisor matches payroll checks against a random sample of time sheets to check for accuracy. All other payroll checks are scanned for employee names and reasonableness of pay. The time sheets are then initialed by the Accounting Supervisor and kept on file. 3. Finding: The police receipts journal detail report was not printed for several months of the year. The Daily Cash Recap was printed but this report does not show the individual transactions. It is possible to delete items from the daily activities and misappropriate the city's revenue. Auditor Recommendation: There needs to be an independent review of daily transactions by someone other than the person handling transactions. Resolution: This has been corrected and the journal detail report is once again being printed on a monthly basis. 4. Finding: The Utility system aging report has a bug in the software. If an aging report is run for a historical date, the credit balances are not correct. If a customer has a credit balance on the date the report is run (ie current date) the balance as of the aging report is replaced by the current credit balance. For the customer selected, Margo Rutherford her balance per the inquiry screen was a little over $100 as of Apri1 13, 2004. When the aging report was run a credit balance of 1,074.53 was shown. The balance was her current credit balance as of July 15, 2004, the date the report was run. Auditor Recommendation: The City should contact the Vendor and rectify the problem. ____m__ ----~~-,_._---- -------------- -----_.__.~ AUDITOR FININGS AND RECOMMENDATIONS Page 3 Resolution: The Vendor is aware of this problem with the current software. The City is in the process of updating to a newer version of the Utility system software. This update will correct the above finding. The new software should be available to the City in mid 2005. 5. Finding: An account on 309 Le Point was listed as inactive but the customer owed $157.99, the house is currently vacant. Auditor Recommendation: Per City policy the account should have been closed and all payments should have been received or sent to collections. The house has been vacant for over a year. Resolution: As stated in the above resolution, the City is in the process of updating the Utility system software. This update will correct the above finding. 6. Finding: When a house is under construction in the City, the contractor connects to the City water during construction but the accounts are placed as inactive and no bill is sent. Per examination of the billing after the construction is completed the City is not billing for the Lopez Availability charge as it does with other customers. Auditor Recommendation: The City should have a policy why there is no billing for the Lopez Availability charge during construction. Resolutions: Code Section 13.04.210 states that all persons and contractors using water through fire hydrants or other hydrants owned or controlled by the City shall obtain a permit from the director of public works. Charges for the use of such hydrants are listed as follows: For the installation of a portable meter, twenty dollars ($20), plus a deposit of two hundred dollars ($200.00) toward actual usage. Water charges shall be based on actual water used at the rate of seven dollars and thirty cents ($7.30) per one hundred (100) cubic feet. This water charge of $7.30 includes the City's capital costs and the Lopez charge. The City is currently amending the code and will review this fee to determine if it should be updated. -.-.--- -----........---.-.- -~,,----.- I.c. MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 25, 2005 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CAUFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m. I 2. ROLL CALL City Council: Council Members Dickens, Guthrie, Arnold, and Mayor Ferrara were present. Mayor Pro Tern Costello was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services/City Clerk Wetmore, Chief of Police Ter8orch, Director of Financial Services Pillow, Director of Parks, Recreation & Facilities Hernandez, Director of Public Works/City Engineer Spagnolo and Assistant Planner Bergman. 3. FLAG SALUTE Mayor Ferrara led the Flag Salute. 4. INVOCATlQ~ Pastor Robert Underwood, First United Methodist Church, Arroyo Grande, delivered the invocation. 5. .PE~IAL PRESENTA1JONS 5.8. Mayor's Commen~Von. Pre.nted to ..1I9h Chavez and Kord ~ Mayor Ferrara presented Commendations to Parks Maintenance Workers Mitch Chavez and Kord Schmidt in recognition of their membership in the Platinum Service Club for 88I'Vice above and beyond the call of duty during the recent heavy rains. 6. .AG~~pA R~VleVi 608. Resolutions and Ordinances Reac:lln TItle Only Council Member Dickens moved, Council Member Arnold seconded, and the motion passed unanimously that all resolutions and. ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZEN~' INPUT. COMMENTS. AMP SUQG~ON' None. 8. CONSENT AGENDA Council MfJmber Dickens moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action. The motion carried on the following roII-cal1 vote: ----- -- CITY COUNCIL MINUTES JANUARY 25, 2005 PAGE 2 AYES: Dickens, Guthrie, Arnold, Ferrara NOES: None ABSENT: Costello 8.a. Cash Disbursement Ratification. Action: Ratified the listings of cash disbursements for the period January 1, 2005 - January 15, 2005. 8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed the December 2004 cash report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds as of December 31, 2004. 8.c. Consideration of Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of December 31, 2004. 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City CounciVRedevelopment Agency Meeting of January 11, 2005 as submitted. 8.e. Consideration of Approval of Final Map for Tract 2275 and to Accept Certain Easements and Improvements for Tract 2275 - Jim and-Evaden. Dotson. Action: 1) Approved Final Tract Map 2275; 2) Accepted the public water improvements that were conditioned for Tract 2275, as constructed; 3) Rejected the sewer improvements that were conditioned for Tract 2275, without prejudice as to future acceptance; 4) Rejected the offer of dedication for public sewer easement, witnout prejudice as to future acceptance; and 5) Accepted the 10% warranty security in the amount of $40,982.68. 8.f. Consideration of Council Appointments to Various City Commissions, Boards, and Committees. Action: Approved appointments. 9. PUBLIC HEARINGS 9.a. Consideration of a Proposed Ordinance Adding Chapter 8.38 to TItle 8 of the Arroyo Grande Municipal Code Providing for the Licensing of Tobacco Retailers. Chief of Police T erBorch presented the staff report and r~mmended the Council introduce an ordinance adding Chapter.8.38 to Title 8 of the Arroyo Grande Municipal Code providing for the licensing and regulation of retailers of tobacco products: Mayor Ferrara open~ the public hearing. Trina Long, Health Educator Specialist, Tobacco Control Program, County of San Luis Obispo Public Health Department, spoke in support. of the proposed ordinance. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council comments included support of the proposed ordinance; emphasis on the City's responsibility to regulate and enforce regulations regarding illegal tobacco use, especially with regard to minors; concern over the high percentage of tobacco retailers in the City selling ~--- ------- CITY COUNCIL MINUTES JANUARY 25, 2005 PAGE 3 tobacco products to minors; and clarification that the ordinance would also cover smokeless tobacco products. Council Member Arnold moved to introduce an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 8.38 TO THE ARROYO GRANDE MUNICIPAL CODE PROVIDING FOR THE UCENSlNG OF TOBACCO RETAILERS". Council Member Dickens seconded the motion, and on the following roll-call vote: AYES: Arnold, Dickens, Guthrie, Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES. and 1 ABSENT, the motion is hereby declared to be passed. 9.b. Consideration of Conditional Use Permit 04-005 - Mi.xed-Use Project with Two (2) Retail Units, Three (3) Office Units, and One (1) Residential Unit; 101 Traffic Way; Applicant: John Robasclotti. Assistant Planner Bergman presented the staff report and recommended the Council adopt a Resolution approving Conditional Use Permit 04-005. Staff responded to questions from Council regarding easements along E. Branch Street; whether there was access to the building from the south elevation; clarification regarding the stone veneer fac;ade; maneuverabUity within the parking lot and whether or not garbage trucks would be able to access the parking lot; a suggestion for the placement of large recycling bins on wheels; project compatibility with renovations and improvements to the Traffic Way Bridge; clarification of the status of the billboard on the adjacent property; explanation of the water neutralization fee; concerns regarding egress from the parking lot onto Traffic Way; and whether there would be a shared driveway access agreement with the adjacent property. Mayor Ferrara opened the public hearing. Mark Vasquez, Norman Vasquez and Associates, representing the applicant, stated that the project had been designed to resolve a number of issues and constraints on and around the unique site. He responded to questions and concerns regarding access issues; signage; building design; and the artificial stone fac;ade, which would match the stone being used on the. Traffic Way Bridge. He supported installing signs requiring a right turn only onto Traffic Way; however, he commented that it might be difficult to enforce. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Dickens complimented the applicant and the architect on the design of the project and acknowledged that this was a difficult and constrained site due to its small size. He stated this project would be a nice complement and addition to the Village. He stated that his review of the negative declaration mitigation. measures and conditions of approval address the areas of concern. He also acknowledged the difficulty garbage trucks would have accessing the site parking lot. With regard to overall parking, he concurred with the proposal to allow a 20 percent mixed-use parking reduction, supported the credit for two parking spaces for the dedication to the City of property fronting W. Branch Street, and the payment of in-lieu fees for the remaining parking spaces. He emphasized the use of the Planned Sign Program and Hi~oric ---" -~--- CITY COUNCIL MINUTES JANUARY 25, 2005 PAGE 4 District Design Guidelines when designing signs for the project. He supported the project as presented. Council Member Guthrie commented he had reviewed this project several times as it went through the Planning Commission and complimented staff and the applicant for working through the design process. He supported the proposed parking reduction. He expressed concern about changing from the rust colored galvanized metal above the windows to the proposed finish, as it may be too bright. He acknowledged that the Architectural Review Committee would review and approve the final material. He supported the project as proposed. Council Member Arnold also commended staff and the applicant fpr the amount of work that has gone into this project. He suggested that the conditions of approval include a revocable permit/access agreement requiring joint driveway access with the adjacent property, and include a condition requiring signage for right turn only onto Traffic Way. He supported the project. I Mayor Ferrara acknowledged the challenges on the site due to the triangular shape of the lot and its location on the corner. He commented that this was a good prQject for the gateway to the Village. He referred to the easements and commented that the proposed project improvements will enhance the area considerably. He supported the project as proposed. Council Member Arnold moved to adopt a Resolution as follows, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MmGATED NEGATIVE DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION, AND APPROVE CONDITIONAL USE PERMIT CASE NO. 04-005, LOCATED AT 101 TRAFFIC WAY, APPLIED FOR BY JOHN ROBASClOm", as amended to include a shared driveway access agreement with the adjacent property and to require right turn only slgnage for egress onto Traffic Way. Council Member Guthrie seconded the motion. Discussion ensued regarding the proposed amendment to require installation of right-turn only signage at the parking lot exit. City Attorney Carmel noted several modifications to the conditions of approval as follows: #38. Water meter, service main, distribution, availability fees, and water faqilities fees. to be based on codes and rates in effect at the time of building permit issuance.; change MS. to #48.a.; change #49. to #48.b., and add new #49. Community Center Fees, to be based on codes and rates in effect at the time of building permit issuance.; add new #102. Access onto Traffic Way shall be right turn only and signed accordingly.; and modify #51. Prior to building permit a Revocable Encroachment Permit/License Agreement that is acceptable to the City Attorney must be established over the Public Right of Way for Disabled Access and for the development of landscaping, parking spaces and the outdoor patiolbuilding entrance, inclU<Jna shared driveway Drovisions with adioinina Drooertv to east. The agreement shall require the applicant to provide replacement disabled acce$S on-site and either payment of in-lieu fees or acquiring off-site parking acceptable to the Community Development Director in accordance with City Code provisions. Council Member Arnold agreed to amend the motion to adopt the Resolution including the changes as set forth by the City Attorney. Council Member Guthrie seconded the motion, and on the following roll-call vote: -- CITY COUNCIL MINUTES JANUARY 25, 2005 PAGE 5 AYES: Arnold, Guthrie, Dickens, Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Mayor Ferrara called for a break at 8:30 p.m. The Council reconvened at 8:39 p.m. 9.c. Consideration of Amended Conditional Use Permit Case No. 04-001 to Allow a Financial Institution to Occupy Building Jof the Five Cities Shopping Center; 911 Rancho Parkway; Wells Fargo Bank. Community Development Director Strong presented the staff report and recommended the Council continue the item to the next regular meeting of February 8, 2005 at which time the completed traffic study and proposed traffic mitigation measures associated with revised pad "I" and bank occupancy of Building "J" would be presented. Staff responded to questions from Council regarding the data used for the traffic study. Mayor Ferrara opened the public hearing, and wh~n no one came forward, he closed the public hearing. Mayor Ferrara requested that copies of the complete traffic study be distributed to. Council as soon as it was a~ailable in order to have sufficient time to review it before the next meeting. Council Member Guthrie moved to continue the item to the next regular meeting of February 8, 2005. Council Member Dickens seconded the motion, and on the following roll-call vote: AYES: Guthrie, Dickens, Arnold, Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9.d. Consideration of a Proposed Ordinance Adding Chapter 13.06 to Title 13 of the Arroyo Grande Municipal Code Regarding Implementation of Ii Mandatory Retrofit Program and Procedure Upon the Change of Ownership of Real Property. Director of Public Works/City Engineer Spagnolo presented the staff report and recommended the Council introduce an Ordinance adding Chapter 13.06 to Title 13 of the Municipal Code to create and implement a mandatory water conservation and retrofit program in instances involving the transfer of residential property at the time of change in property ownership and requiring said property to be retrofitted with low water-use plumbing fixtures. Director Spagnolo responded to questions from Council regarding criteria for low water flow fixtures; how the program would be monitored; how many staff members would be involved in administering the program and the program's impact on existing workload. It was suggested that notices be sent . to realtors,real estate, escrow and title companies, and home inspection companies to inform these organizations of the mandatory retrofit program. Mayor Ferrara opened the public hearing. - ---_._-~------~----- CITY COUNCIL MINUTES JANUARY 25, 2005 PAGE 6 Steve Ross, Arroyo Grande, comment~ on a similar program in Marin County and spoke in support of the proposed ordinance. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Members Arnold and Guthrie spoke in support of the proposed ordinance. Council Member Dickens expressed concern whether the ordinance would meet the City's goals for water conservation and questioned how the ordinance would be enforced. He also expressed concern about the impact on staff time and did not support the ordinance as presented. Mayor Ferrara stated he was optimistic that the ordinance would have some impact on water conservation and would contribute to the City's overall goals. As far as enforcement, he suggested that citations be issued instead of fines. He supported the proposed ordinance. Council Member Arnold moved to introduce an Ordinance as follows, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 1S.06 TO TITLE 13 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING IMPLEMENTATION OF A MANDATORY PLUMBING RETROFIT PROGRAM AND PROCEDURE UPON THE CHANGE OF OWNERSHIP OF REAL PROPERTY". Council Member Guthrie seconded the motion, and on the following roll-call vote: AYES: Arnold; Guthrie, Ferrara NOES: Dickens ABSENT: Costello There being 3 AYES, 1 NO. and 1 ABSENT, the motion is hereby declared to be passed. 9.e. Consideration of Resolution to Adjust the In-Lieu Fee for Off-Street Parking In the Parking and Business Improvement Area of the Village. Community Development Director Strong presented the staff report and recommended the Council adopt a resolution adjusting the in-lieu fee for off-street. parking in the Parking and Business Improvement Area of the Village. Council comments and discussion ensued regarding a more frequent review of the fee, clarification concerning the existing parking credits, and a desire to establish the fee at the high end of the range set forth in the staff report. Mayor Ferrara opened the public hearing. and when no one came forward, he closed the public hearing. Following Council comments in support of the in-lieu fee adjustment, Council Member Arnold moved to adopt a Resolution as follows, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING THE IN-LIEU FEE FOR OFF-STREET PARKING IN THE PARKING AND BUSINESS IMPROVEMENT AREA OF THE VILLAGE", as amended to set the In-lieu fee at $14,000. Council Member Dickens seconded the motion, and on the following roll-call vote: CITY COUNCIL MINUTES JANUARY 25, 2005 PAGE 7 AYES: Arnold, Dickens, Guthrie, 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 2005-06 and Fiscal Year 2006-07 Budget Goals. City Manager Adams and Director of Financial Services Pillow presented the staff report and recommended the Council approve the proposed budget goals for FY 2005-06 and FY 2006-07. City Manager Adams responded to questions from Council regarding the City's Reserve Fund policy, and what COPS funds can be used for other than staffing. Mayor Ferrara referred to a potential revenue source from new Office of Homeland Security Grants that may become available to the City. He indicated that he would provide staff with additional information regarding these federal grants, which could be used as an additional revenue source. Mayor Ferrara invited public comments on this item. No public comments were received. Council Member Dickens commented that the proposed budget goals are appropriate and supported them as presented. Council Member Arnold supported the proposed budget goals and emphasized the goal for maintaining the City's existing service levels, and to continue the City's Reserve Fund policy. Council Member Guthrie identified the City Hall project as a lower pri()rity if the budget came up short and commented that it may need to be put off for a few years. He also identified the Public Works Maintenance Worker position as a low priority. He referred to . the Street Improvement Program and felt this was a high priority goal and suggested increasing this fund if possible. Mayor Ferrara commended the City Manager and commented that the goals and priorities are reasonable and they represent good planning. He acknowledged that there is some flexibility in the goals and supported them as proposed. Council Member Dickens moved to approve the proposed budget goals for FY 2005-06 and FY 2006-07 as presented. Council Member Guthrie seconded the motion, and on the following roll call vote: AYES: Dickens, Guthrie, Arnold, Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. --_.~- CITY COUNCIL MINUTES JANUARY 25, 2005 PAGE 8 12. CITY COUNCil REPORTS a. MAYOR TONY M. FERRARA: (1) San Luis Obispo Council of GovernmentslSan Luis Obispo Regional Transit Authority (SlOCOGlSLORTA). No report. January meeting was cancelled. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Discussed a potential assessment of the Sanitation District relative to Zone 1 and 1 A; . Reviewed the 2005 Budget; Conducted groundbreaking of a major component of the Plant, a chlorine contactor and effluent pumping station. (3) Other. 1) Attended and chaired the League of California Cities Public Safety Policy Committee meeting in Los Angeles and approved a work plan for the year; received presentations regarding sexually violent predators; and discussed the medical marijuana dispensary issue. 2) Attended the Annual Mayor's City Selection Committee meeting and elected new officers. Following that, commen9ed the monthly Mayor's meeting where newly elected Assembly Member Sam Blakeslee and his staff visited and announced his appointment to several committees, including Agriculture, Utilities, Budget, and the PERS Committee. 3) Attended Tri-Chambers Luncheon and gave State of the Cities presentations along with Mayors from Grover Beach and Pismo Beach. b. MAYOR PRO TEM JOE COSTEllO: (ABSENT) (1) Zone 3 Water Advisory Board. None. (2) County Water Resources Advisory Committee (WRAC). None. (3) Air Pollution Control District (APCD). None. (4) Other. None. ! c. COUNCil MEMBER JIM DICKENS: , (1) South County Area Transit (SCAT). No report. Next meeting is February 16th. I j (2) South County Youth Coalition. No report. Next meeting i~ January 27th. J (3) Other. None. 1 ! d. COUNCil MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). No report. January meeting was cancelled. (2) California Joint Powers Insurance Authority (CJPIA). No report. (3) Other. Attended ,Community 2050 Workshop on January 22nd sponsored by SLOCOG. e. COUNCIL MEMBER JIM GUTHRIE: (1) Economic Vitality Corporation (EVC). No report. Meets January 26th; will be hiring new Executive Director soon. (2) Other. 1) Attended League of California Cities Mayors and Council Members Academy Leadership Institute in Sacramento from January 12-14, 2005. 2) Attended Community 2050 Workshop on January 22nd sponsored by SLOCOG. 13. CITY COUNCil MEMBER ITEMS: None. --~~_.- , -- CITY COUNCIL MINUTES JANUARY 25, 2005 PAGE 9 14. CITY MANAGER ITEMS: a) Request from the City of Pismo,Beach to explore joint fire services with Pismo Beach and other South County jurisdictions. City Manager Adams reported that he had received correspondence from the City of Pismo Beach expressing a desire to conduct and pay for a feasibility study for joint fire services. Following brief discussion, staff was directed to place the request from the City of Pismo Beach for Arroyo Grande to participate in a study on joint fire operations on a future agenda for formal Council consideration. 15. COUNCIL COMMUNICATIONS: Council Member Dickens noted that in the past, the City has invited newly elected State representatives to meet with staff and the Council to discuss items of concern affecting the City. Staff was directed to schedule a meeting with Assemblyman Sam Blakeslee. Council Member Arnold referred to the League of California Cities' "Priority Focus" newsletter and requested that staff prepare a letter in opposition to legislation that would impact local control over zoning issues. Mayor Ferrara suggested that staff schedule a meeting for Council Members Guthrie and Arnold to meet Dave Mullinax, the Channel Counties representative of the League of California Cities. 16. STAFF COMMUNICATIONS: None. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:45 p.m. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ) I I.d. MEMORANDUM TO: CITY COUNCIL FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/CITY ~ CLERK SUBJECT: REJECTION OF CLAIM AGAINST CITY - C. BARNES/K. GOODLOW DATE: FEBRUARY 8, 2005 RECOMMENDATION: It is recommended the City Council reject the claim for damages against the City filed by Ms. Cecelia Barnes on behalf of the Estate of Kenneth Goodlow. FUNDING: None. DISCUSSION: The City's insurance administrators have reviewed the claim of Ms. Barnes and recommend it be rejected. Attachments: 1. Status Report 2. Rejection Letter ~---_._.- ---_...._._-~---- I IEn~ i'{ '_ ,/'.fC0\.:.':rF Attachment 1 .... p.. \. cO INVESTIGATION REPORT 2 0'- ji,11 ')~ 'Ii .;) .;:) ;.1, '- November 29,2004 City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93420 Attention: Steven Adams, City Administrator RE: Our Principal CJPIA Member City City of Arroyo Grande DOl 5/22/04 Claimant Ceclia Barnes! Kenneth Goodlow My File No. 282212 PREVIEW: The claimant's attorney is alleging road design contributed to the death of his client's son. REPLY REOUEST GOVERNMENT CODE REOUllmMffiNTS Action By Public Entity: I recommend that the City forward a standard rejection letter to the following claimant: Cecelia Barnes, individually and as adminsitratix of the Estate of Kenneth Goodlow c/o James McKiernan Lawyers 21 Santa Rosa St. San Luis Obispo CA 93405 Please send a copy of this letter to me to document this file. A. Statute Of Limitations: The statute of limitations will expire six months trom the rejection CARL WARREN & CO. An Employee-Owned Company CLAIMS MANAGEMENT - CLAIMS ADJUSTERS PO BOX 1052 - SAN LUIS OBISPO, CA 93406-1052 PHONE: (805) 544-7963 - FAX: (805) 544-1068 .-...ii.:-" / '" City of Arroyo Grande Steve Adams January 24, 2005 Page Two (282212) CITY REPORT The advised this office that the area in question is a County maintained and owned road. The City has no jurisdiction. LIABll..ITY The City is not responsible for this loss. The road is not owned and maintained by the City. The claim should be rejected. COMMENT: I will diary this file to February 23,2005 awaiting receipt of the requested copy of the rejection letter. Very truly yours, Carl Warren & Company tzJ1l\.'-~ Keith Swanson, LPCS, CCLA Cc Carl Warren & Co. Attention: Dwight Kunz -2- Carl Warrell & Co. ~~~ Attachment 2 P.o. Box SSG ~ ~~ 214 East Br.nch Street Arroyo Gr.nde, CA 93421 Phone: (80S) 473-5414 ADMINISTRATIVE SERVICES FAX: (105) 473-0_ E-Man: .clty@.rroy....ande.org February 8, 2005 Ms. Cecelia Barnes- Estate of Kenneth Goodlow c/o James McKiernan, Esq. The McKiernan Law Firm 21 Santa Rosa Street, Suite 300 San Luis Obispo CA 93405 REJECTION OF CLAIM PRESENTED WITHIN SIX MONTHS Notice is hereby given that the claim you presented to the City Council of the City of Arroyo Grande on November 22, 2004 was rejected by the City Council on February 8, 2005. WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the United States mail to file a court action I on this claim (See Government Code Section 945.6). This time limitation applies only to causes of action arising under California law for which a claim is mandated by the California Government Tort Claims Act. Government Code Sections 900 et. seq.. Other causes of action, including those arising under federal law, may have different time limitations for filing. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. _ Kelly Wetmore Director of Administrative Services/City Clerk c: City Manager City Attorney Chief of Police Director of Public Works/City Engineer Carl Warren & Co. ~~~-- --"--- 8... MEMORANDUM TO: CITY COUNCIL RICK TERBORCH. POLICE CHIEF {jj)" FROM: SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE AND RESOLUTION REGARDING THE LICENSING OF TOBACCO RETAILERS DATE: FEBRUARY 8, 2005 RECOMMENDATION: It is recommended the City Council: 1. Adopt the proposed Ordinance adding Chapter 8.38 to Title 8 of the Arroyo Grande Municipal Code regarding the licensing and regulation of tobacco retailers; and 2. Adopt the attached Resolution establishing fees and administrative penalties as authorized in the new Ordinance. FUNDING: Implementation of the Ordinance will provide funds to cover the Police Department's costs for enforcing State tobacco laws and City Municipal Ordinances regulating the sale of tobacco products, including enforcing laws and ordinances prohibiting sales of tobacco products to persons under eighteen (18) year of age. It is estimated that the implementation of the tobacco retailer licensing program will provide approximately $3,744 per year to the City to reimburse the City for these costs. DISCUSSION: On January 25, 2005, the Council introduced for first reading, without modification, the attached Ordinance to add Chapter 8.38 to Title 8 of the Arroyo Grande Municipal Code providing for the licensing and regulation of tobacco retailers. The Ordinance is now presented for second reading with the recommendation for adoption. If adopted, the Ordinance will become effective on March 10, 2005. In adopting the Ordinance, it is also recommended the City Council adopt the attached Resolution which establishes fees and administrative penalties as set forth in Sections 8.38.070 and 8.38.130 of the new Ordinance. As discussed in the Staff Report presented at the January 25 City Council meeting, it is recommended that, as authorized in Section 8.38.070 of the new Ordinance, the fee for the tobacco retailer license be set at $208. This is based upon Police Department estimates --_.._.~--_...- ------- CITY COUNCIL CONSIDERATION OF ADOPTION OF AN ORDINANCE AND RESOLUTION REGARDING THE LICENSING OF TOBACCO RETAILERS FEBRUARY 8, 2005 PAGE 2 that it will require approximately 64 hours of staff time per year to conduct the four (4) compliance checks required by the new Ordinance with a total annual cost of approximately $3,248. Additionally, it is estimated that the costs to the Police Department to administer the program will require eighteen (18) hours per year for an annual cost of $496. Given this, the total estimated cost to the City of the tobacco licensing and regulation program is approximately $3,744 per year. When allocating these costs to the eighteen (18) known tobacco product retailers in the City, staff has determined that an annual cost of $208 per tobacco product retailer would be appropriate. Section 8.38.130 of the Ordinance requires the establishment of administrative penalties for violation of the regulatory provisions of the Ordinance. In establishing the administrative penalties, staff requested guidance from the Technical Assistance Legal Center (TALC), Public Health Institute, which is funded by the California Department of Health Services to provide California communities technical assistance on tobacco control issues. Given direction received from TALC, staff recommends the City adopt the following administrative penalties: 1. Violation of Municipal Code Section 8.38.030, Sales of a Tobacco Product Without a License: $50.00 per day upon notification by an agent of the City of Arroyo Grande of the necessity to possess a City issued tobacco retailers license, with a maximum penalty of $250 as set forth by State law; and 2. Violation of Municipal Code Section 8.38.11 O(a), Violation of a Prohibited Activity Contained in Chapter 8.38: a) $100 for the first violation within a one (1) year period; b) $200 for the second violation within a one (1) year period; and c) $500 for the third violation within a one (1) year period. These monetary penalties would be assessed in addition to the suspensions and/or revocations of licensed privileges as provided in Code Section 8.38.110(a), subsections (1) through (4). In adopting the Resolution establishing these fees and administrative penalties, the fines and penalties will become effective on March 10,2005, the effective date of the Ordinance. Should the City Council approve adoption of both the attached Ordinance and Resolution, staff will begin to establish the necessary procedures and forms in order to implement the tobacco retailer licensing program on or reasonably soon after March 10, 2005. CITY COUNCIL CONSIDERATION OF ADOPTION OF AN ORDINANCE AND RESOLUTION REGARDING THE LICENSING OF TOBACCO RETAILERS FEBRUARY 8, 2005 PAGE 3 AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Adopt the attached Ordinance; - Modify and adopt the attached Ordinance; - Do not adopt the attached Ordinance; or - Provide direction to staff. ._--_._~-- ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 8.38 TO THE ARROYO GRANDE MUNICIPAL CODE PROVIDING FOR THE LICENSING OF TOBACCO RETAILERS WHEREAS, State law prohibits the sale or furnishing of cigarettes, tobacco products and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Penal Code 9 308); and WHEREAS, State law requires tobacco retailers to check the identification of tobacco purchasers who reasonably appear to be under 18 years of age (Business & Professions Code 9 22956) and provides procedures for unannounced onsite inspections of tobacco retailers using persons under 18 years of age (Business & Professions Code 9 22952); and WHEREAS, the results of the 2001 California Youth Tobacco Purchase Survey revealed that 17.1 % of retailers surveyed statewide sold tobacco products to minors; however, the 2003 local youth purchase survey revealed that 33.3% of the retailers surveyed in the City of Arroyo Grande sold tobacco products to minors; and WHEREAS, the California courts in such cases as Cohen v. Board of Supervisors, 40 Cal. 3d 277 (1985) and Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4th 383 (1993) have affirmed the power of the City to regulate business activity in order to discourage violations of State law; and WHEREAS, State law prohibits the sale or display of cigarettes through a self-service display and prohibits public access to tobacco products without the assistance of a clerk but permits the sale of tobacco products from certain vending machines (Business & Professions Code 9 22962); and WHEREAS, the City of Arroyo Grande also prohibits the sale or display of tobacco products through a self-service display and prohibits public access to tobacco products without the assistance of a clerk; and WHEREAS, State law prohibits the sale of "bid is" (hand-rolled filterless cigarettes imported primarily from India and some Southeast Asian countries) except in adult-only establishments (Penal Code 9 308.1); and WHEREAS, State law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than 20 cigarettes and prohibits the manufacture, distribution, or sale of "roll-your-own" tobacco in packages containing less than 0.60 ounces of tobacco (Penal Code 9 308.3); and WHEREAS, State law prohibits public school students from smoking or using tobacco products while on campus, while attending school-sponsored activities, or while under the supervision or control of school district employees (Educ. Code 9 48901 (a)); and ORDINANCE NO. PAGE 2 WHEREAS, despite these restrictions, minors continue to obtain cigarettes and other tobacco products at alarming rates. Each year, an estimated 924 million packs of cigarettes are consumed by minors 12 to 17 years of age, yielding the tobacco industry $480 million in profits from underage smokers (Joseph R. DiFranza; M.D. & John J. Librett, M.P.H., State and Federal Revenues from Tobacco Consumed by Minors, 89 Am. J. Pub. Health 1106 (1999)); and WHEREAS, eighty-eight percent (88%) of adults who have ever smoked tried their first cigarette by the age of 18, and the average age at which smokers try their first cigarette is 14%; and WHEREAS, a requirement for a tot;>acco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the City to regulate the operation of lawful businesses to discourage violations of federal, State, and local tobacco-related laws. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Arroyo Grande as follows: SECTION 1. The above recitals and findings are true and correct. SECTION 2. Arroyo Grande Municipal Code Chapter 8.38 is hereby added to Title 8 of the Arroyo Grande Municipal Code as follows: Chapter 8.38 Licensing of Tobacco Retailers Sections: 8.38.010 Purpose 8.38.020 Definitions 8.38.030 Requirement For Tobacco Retailer License 8.38.040 Application Procedure 8.38.050 Issuance of License 8.38.060 Display of License 8.38.070 Fees For License 8.38.080 Licenses Nontransferable 8.38.090 License Violation 8.38.100 License Compliance Monitoring 8.38.110 Suspension or Revocation Of A License 8.38.120 Appeal of Suspension And/Or Revocation 8.38.130 Administrative FinelPenaltleslEnforcement 8.38.010 Purpose It is the purpose and intent of this Chapter to discourage violations of laws which prohibit or regulate the sale or distribution of tobacco products to minors, but not to ORDINANCE NO. PAGE 3 expand or reduce the degree to which the acts regulated by state or federal law are criminally proscribed or to alter the penalty provided therefore. 8.38.020 Definitions The following \Nerds and phrases, whenever used in this Chapter, shall have the meanings defined in this Section unless the context clearly requires otherwise: (a) "Person" means any natural person, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. (b) "Proprietor" means a Person with an ownership or managerial interest in a business. An ownership interest. shall be deemed to exist when a Person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person can or does have, or can or does share, ultimate control over the day-to-day operations of a business. (c) "Tobacco product" means": (1) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or an other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence. (d) "Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, or tobacco products; "tobacco retailing" shall mean the doing of any of these things. (e) "Licensing Agenf means a City employee designated by the City Manager to serve in this capacity. (f) "Enforcement Agency" means the Arroyo Grande Police Department. (g) "Hearing Officer" means the City employee designated by the City Manager to serve in that ~pacity. 8.38.030 Requirement For Tobacco Retailer License (a) It shall be unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer's license issued pursuant to this Chapter for each location at which that activity is to occur. (b) No license will be issued to authorize tobacco retailing at other than a fixed location; itinerant tobacco retailing and tobacco retailing from vehicles are prohibited. I I l_ ORDINANCE NO. PAGE 4 (c) No license will be issued to authorize tobacco retailing at any location that is licensed under state law to serve. alcoholic beverages for consumption on the premises (e.g., an "on-sale" license issued by the California Department of Alcoholic Beverage Control): tobacco retailing in bars and restaurants serving alcoholic beverages is prohibited. (d) No person shall sell a tobacco product without first examining the identification of the purchaser and confirming that the proposed sale is to a purchaser who is at least the minimum age in state law for being sold the tobacco product. (e) Licenses issued hereunder are valid for one (1) year and each tobacco retailer shall apply for the renewal of his or her tobacco retailer's license prior to its expiration. A tobacco retailer license does not confer any new rights under any other law and does not exempt any business that otherwise would be subject to the smoke- free YJOrk place provisions of Labor Code section 6404.5. 8.38.040 Application Procedure (a) An application for a tobacco retailer's license shall be submitted to the Licensing Agent in the name of each Proprietor/Person proposing to conduct retail tobacco sales and shall be signed by such person or an authorized agent thereof. All applications shall be submitted on a form supplied by the Licensing Agent and shall contain the following information: (1) The name, address, and telephone number of the applicant. (2) The business name, address, and telephone number of each location for which a tobacco retailer's license is sought. (3) Such other information as the Licensing Agent deems necessary for enforcement of this Chapter. (4) Whether or not any Proprietor has previously been issued a license pursuant to this Chapter that is, or was at any time, suspended or revoked and, if so, the dates of the suspension period or the date of revocation. 8.38.050 Issuance of License The Licensing Agent shall issue a tobacco retailer license unless substantial record evidence demonstrates one of the following bases for denial: (a) The application is incomplete or inaccurate; or (b) The application seeks authorization for tobacco retailing by a person or at a location for which a suspension is in effect pursuant to Section 8.38.110 of this Chapter; or ORDINANCE NO. PAGE 5 (c) The application seeks authorization for tobacco retailing in an area that is in violation of City zoning pursuant to Title 16 of this Code or that is unlawful pursuant to any other local, state, or federal law. 8.38.060 Display of License Each licensee shall prominently display the license in a public place at each location where tobacco retailing occurs. 8.38.070 Fees For License The fee for a tobacco retailer's license shall be established by Resolution of the City Council. The fee shall be calculated so as to recover the total cost, but no more than the total cost, of license administration and enforcement, including, for example, but not limited to, issuing the license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violation, and prosecution of violators. The fee for tobacco retailer's license shall be paid to the Licensing Agent. 8.38.080 Licenses Nontransferable A tobacco retailer's license is nontransferable to a different person or a different location. For example, if a Proprietor to whom a license has been issued changes business location, that Proprietor must apply for a new license prior to acting as a tobacco retailer at the new location. Or if the business is sold, the new owner must apply for a license for that location before acting as a tobacco retailer. 8.38.090 License Violation It shall be a violation of a license for a licensee or his or her agents or employees to violate any local, state, or federal tobacco-related law. 8.38.100 License Compliance Monitoring Compliance with this Chapter shall be monitored by the Arroyo Grande Police Department. At least four compliance checks of each tobacco retailer shall be conducted during each twelve-month period. The cost of compliance monitoring shall be incorporated into the license fee. 8.38.110 Suspension or Revocation Of License (a) In addition to any other penalty authorized by law, a tobacco retailer's license may be suspended or revoked if the City finds, after notice to the licensee and opportunity to be heard, that the licensee or his or her agents or employees has violated the conditions of the license imposed pursuant to this Chapter. ORDINANCE NO. PAGE 6 (1 ) Upon a finding by the City of a first license violation within any five- year period, the license shall be suspended for thirty (30) days. (2) UpQn a finding by the City of a second license violation within any five-year period, the license shall be suspended for ninety (90) days. (3) Upon a finding by the City of a third license violation within any five- year period, the license shall be suspended for one (1) year.. (4) Upon a finding by the City of a fourth license violation within any five-year period, the license shall be revoked. (b) A tobacco retailer's license shall be revoked if the City finds, after notice and opportunity to be heard, that one of the following conditions exist. The revocation shall be without prejudice to the filing of a new application for a license. (1 ) The application is incomplete for faifure to provide the infonnation required by Section 8.38.040. (2) The infonnation contained in the application, induding supplemental infonnation, if any, is found to be false in any material respect. (3) The appli~tion seeks authorization for a license for tobacco retailing that is unlawful. 8.38.120 Appeal of Suspension And/Or Revocation (a) A decision of the City to revoke or suspend a license is appealable to a Hearing Officer and must be filed with the Hearing Officer at least ten (10) working days prior to the commencement date of the license suspension or revocation. An appeal shall stay all proceedings in furtherance of the appealed action. Following appeal, the decision of the Hearing Officer maybe appealed to the City Manager or hislher designee. A decision of the City Manager or hislher designee shall be the final decision. of the City. I i (b) During a period of license suspension, the tobacco retailer must remove from public view all tobacco products and shall not display any advertisement relating to tobacco products that promotes the sale .or distribution. of such products from the tobacco retailer's location or that would lead a reasonable consumer to believe that such products can be obtained at the tobacco retailer's location. 8.38.130 Administrative FlnelPenaltleslEnforcernent (a) Any violation of the provisions of this Chapter by any person is a crime and is punishable as provided in Chapter 1.16 of this Code. Any violation of the provisions of this Chapter by any person is also subject to administrative penalties as adopted by a Resolution of the City Council. ,- ORDINANCE NO. PAGE 7 (b) If the City finds, based on substantial record evidence, that any unlicensed person has engaged in tobacco retailing activities in violation of Section 8.38.030 of this Chapter, the City shall fine that person. Each day that an unlicensed person offers tobacco products or tobacco for sale or exchange shall constitute a separate violation and will be assessed a penalty as established by Resolution of the City Council. (c) Violations of this Qrdinance are hereby declared to be a public nuisance. (d) In addition to other remedies provided by this Chapter or by other law, any violation of this Chapter may be remedied by a civil action brought by the City Attorney, including but not limited to administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement p,roceedings, and suits for injunctive relief. The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity. 1 SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, ciauses or phrases of this Ordinance or the rules adopted hereby. The City Council of the City of Arroyo Grande hereby deciares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more other sections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 4. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of. the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Ordinance was passed and adopted this day of ,2005. ORDINANCE NO. PAGE 8 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY -_.~-_.- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING FEES AND ADMINISTRATIVE PENAL TIES FOR LICENSING AND REGULATION OF TOBACCO RETAILERS AS AUTHORIZED BY ARROYO GRANDE MUNICIPAL CODE SECTION 8.38.070 AND 8.38.130 WHEREAS, the City Council of the City of Arroyo Grande has adopted Ordinance No._, adding Chapter 8.38 to the Arroyo Grande Municipal Code providing for the licensing of tobacco retailers; and WHEREAS, newly adopted Municipal Code Sections 8.38.070 and 8.38.130 contained in Chapter 8.38 requir~s that the City establish fees and administrative penalties for the licensing and regulation of tobacco retailers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that: 1. As authorized by Municipal Code Section 8.38.070, the fee for the application, issuance and renewal of a tobacco retailers license is $208 per annum. 2. As authorized by Municipal Code Section 8.38.130, the following administrative penalties are established: a. Violation of Municipal Code Section 8.38.030, Sales of Tobacco Products Without a License: $50 per day upon notification by an agent of the City of the. necessity to possess a City issued tobacco retailer license, with a maximum penalty of $250 as set forth by State law. b. Violation of Municipal Code Section 8.38.11 O(a), Violation of Conditions of the License Imposed Pursuant to Municipal Code Chapter 8.38: 1. $100 for the first violation within a one (1) year period. 2. $200 for the second violation within a one (1) year period. 3. $500 for the third violation within a one (1) year period. 3. The fees and administrative penalties set forth herein shall become effective upon the effective date of Ordinance No. , adding Chapter 8.38 to the Arroyo Grande Municipal Code providing for the licensing of tobacco retailers. ----..--- RESOLUTION NO. PAGE 2 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 , 2005. -- --~--,--~- -- RESOLUTION NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY "._._---~ --- 8.f. MEMORANDUM TO: CITY COUNCIL e4fI FROM: RICK TerBORCH, CHIEF OF POLlC SUBJECT: CONSIDERATION OF AUTHORIZATION TO PURCHASE REPLACEMENT UTILITY PATROL VEHICLE DATE: FEBRUARY 8, 2005 RECOMMENDATION: It is recommended that the City Council authorize staff to purchase one (1) replacement Police Department utility vehicle from Christianson Chevrolet for $29,654.80. FUNDING: The FY 2003-04 Police Department Budget included funding for the purchase of one (1) replacement utility patrol vehicle. The purchase of the vehicle was postponed and $36,900 for the purchase was carried over to the FY 2004-05 City Budget. The recommended purchase price is for $29,654.80. Additionally, there will be approximately $7,100 for the acquisition and installation of necessary emergency and related equipment which is included in the budgeted amount. This, when combined with the vehicle, is approximately $145.20 under the amount budgeted for the acquisition and equipping of the vehicle. DISCUSSION: I n adopting the FY 2003-04 City Budget, the City Council authorized the replacement of the Police Department's utility patrol vehicle. The purchase was postponed to FY 2004-05 and at the First Quarter Budget Review on November 9, 2004, the City Council approved the carryover of funding for the acquisition of the vehicle to FY 2004-05. This vehicle is the Department's command vehicle and contains the necessary equipment to set up a field command post and for sustained tactical or crime scene operations. Additionally, the Special Response Team uses the vehicle for its tactical responses. The replacement vehicle is to be a 2003 Chevrolet Tahoe police vehicle which complies with State specifications for utility vehicles used for emergency/law enforcement response purposes (Model #CC15706). .._.~-_.~ CITY COUNCIL CONSIDERATION OF AUTHORIZATION TO PURCHASE REPLACEMENT UTILITY PATROL VEHICLE FEBRUARY 8, 2005 PAGE 2 All bids include a three year, 36,000 mile warranty. Upon factoring in the five percent (5%) local bidders preference as allowed in Arroyo Grande Municipal Code Section 3.08.020.F.6, Christianson Chevrolet's bid equates to $28,172.06 and, therefore, is considered the low bid for the utility patrol vehicle. Christianson Chevrolet has supplied police vehicles to the City in the past and currently performs all factory service on General Motors vehicles in the Police Department's fleet. The budgeted amount also includes the acquisition and installation of new emergency response and related equipment. Upon factoring in this equipment (approximately $7,100), the total cost to purchase and equip the vehicle is approximately $36,754.80. ALTERNATIVES: The following alternatives are provided for the City Council's consideration: - Approve staff's recommendation; - Reject bids and direct staff to solicit additional bids; - Reject bids and provide further direction to staff; or - Do not approve staff's recommendation. Attachment (1) ---------- .---------,-------"... ,--.------- ~ ~ ~ s~ ~ co ...... - a .0 ~~ ~ .. '" ... ... .... ,., III 0'" ~ '" ... lit ~ i" p.. "" .n ~ r- ~ '" .... '& "1 '4\ <.> co ~ "" .. <<> '" ..... ->. c:t}; 0 j( ~ ~ ~ CO. ~ '" ... ::\ ~ '" 0 ~.... C). ~ 4:. \.0 .r\ .r\ <t ~ P4 ~ ~ ~ s:1'"' ~~ .. i1, ... ~ a ::>.. ... III '" ~ $ l ~ · . '" .... '" Ii! ",'" co 0-:":' \!) t. ~ ~I · 0 ~ 1;\ · . 1iI~' ",... ' · .; ~ 'i' III ~.. g. :I. ~ p .n ~N lit ~ ~" ~ ~ G) o~i ~ur .r\ t-O' G).~ .-\ ~_ ~t) ~t- ~ \.0 .r\ ...\ ~ ~ ~ ~ ~ ~ g:l. i,~ ~ ~ 0 ... ~ '" . '" ... . .! Ii ~ ~ co ~ ... co ~ ~ ~ 'v ~.. ~ .,. .., · ~ ~ .. ~ ~ ~ ~;>. 11\ S " 11'. cd ct) (,.) - 0.. .. ~ ... ,,'" - ... '" '" C> 0 :;.-. -0 .n c;? \ .i" p.. ~ o"'~ ~ - "'$ 1i ~ ~ $:. '"'~, ~o."''' co..'" 8'\ ,," ~ ... ",<<> . ~ ... ... .., d- ...... .. .,!'..,. .... " . I)o....~.. _v $ ~ ~.. ^. eft \.00 -u .r\ ...\ .. ~ .. .., - ... '" ~ "", '" ~ ... co ~ i1, ~ ~ ~ ::>.. \i' :A o a '"' >- ;'; o cd en ~ :i1 'i' .., ~ .r\ cd '"' G) . s:1 o ~ Pt MOP o. III ... " co 1)0 co '" '" co co i:I ~ ." . ... ,; - .\> ... 0. .. ~ .., ... 0 \ot~ G)~ -% 'i' ",,, ... ... ,;'" 0" 0 '" co co j1, j1, '" " ;>"~~ _ 1)0 o ~ ... ... ~ co '" ~ 0 . 7 co '" ~ ~ '6 '" s '" <! '" '" ... a -;; \\ t) ,; '" ';(; & co ... o co 1)0 'S' 8 ,;" ... ... '6 ... ~ 0 ~.,; ~ S.... ... ~ ~ '" 1)0 '" "I ~~ ~ Q ~ g ~ co '5, ",0 .. CJI co p ~' 0\1, ~ ~ ~~~ ~... ... " _ ',.,t it 0. · co ~ ~ '<5' ' ... II!.? '" ~ ~1 0'" ... ... ' 0 · · · ~ ~ ",0 ... ," 0 ... 0. '""'~ ....__ r"\ - - _._._._~ 8_1_ MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER IJ% SUBJECT: CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 13.06 TO TITLE 13 OF CITY MUNICIPAL CODe FOR THE IMPLEMENTATION OF A MANDATORY RETROFIT PROGRAM AND PROCEDURE UPON THE CHANGE OF OWNERSHIP OF REAL PROPERTY DATE: FEBRUARY 8, 2005 RECOMMENDATION: It is recommended the City Council adopt the attached Ordinance adding Chapter 13.06 to Title 13 of the Municipal Code to create and implement a mandatoty water conservation and retrofit program upon a change in ownership of real property and requiring said property to be retrofitted with low water-use plumbing fixtures. FUNDING: Under the proposed mandatory retrofit program, before the close of escrow for any change in Qwnership of residential property, the seller must retrofit theptoperty's pkmbing fixture$ \, to meet the criteria of low-water use. The seUer can perfonn this retrofit on their own or they can request a retrofit through the City's existing plumbing retrofit program if funds are available. The FY 2004-05 projected year-end ~nd balance for the Water NeutraliZation IrT1)8ct fund is $692,410 to be used for the implementation of water conservation measures. DISCUSSION: On January 25, 2005 the City Council introduced for first reading, without modification, the attached Ordinance to add Chapter 13.06 to Title 13 of City Municipal Code for the implementation of a mandatory retrofit program and procedure upon the change of ownership of real property. The Ordinance is now presented for second reading with the recommendation for adoption. If adopted. the Ordinance will become effective on February 24, 2005. The City's current Water Conservation Program includes a plumbing retrofit program. This existing program allows for the costs of the retrofit to be paid by the City, if funds are available, to owners who retrofit on a voluntary basis. Municipal Code Section 13.06 will address conservation measures by requiring property owners to retrofit their plumbing fixtures to meet low-flc>w criteria upon a transfer of their property. The seller will be required to obtain a Water Conservation Certificate from the City prior to the close of escrow. The seller can perfQnn this retrofit on their own or they can request a retrofit through the City's existing plumbing retrofit program. if funds are available. -----.- CITY COUNCIL CONSIDERATION OF At4 ORDINANCE ADDING CHAPTER 13.06 TO TITLE 13 OF CITY MUNICIPAL CODE FOR THE IMPLEMEt4TATION OF A MANDATORY RETROFIT PROGRAM AND PROCEDURE UPON THE CHANGE OF OWNERSHIP OF REAL PROPERTY FEBRUARY 8, 2005 PAGE 2 The proposed Ordinance will establish a method by which the City can aid in achieving water efficiency. The replacement of high-flow toilets and other plumbing fixtures will help address the long range goal of reducing water consumption throughout the City. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: . Adopt the attached Ordinance as written; . Do not approve staff's recommendation; . Direct staff to modify the Ordinance; or . Provide further direction to staff. leh: M:\232-Arroyo Grande\232-5409 - Water Conservation Program\Mandatory Retrofit\Second Reading 1-27-oS.doc ~-~-~ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 13.06 TO TITLE 13 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING IMPLEMENTATION OF A MANDATORY PLUMBING RETROFIT PROGRAM AND PROCEDURE UPON THE CHANGE OF OWNERSHIP OF REAL PROPERTY WHEREAS, the City has found and determined thCit it is in the best interest of the City and its inhabitants to provide plumbing retrofit standards for the conservation of potable water supplies. Retrofit of existing plumbing fixtures will lessen consumption of limited potable water resources available to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 13.06 is hereby added to Title 13 of the Arroyo Grande Municipal Code as follows: Chapter 13.06 Mandatory Retrofit Program 13.06.010 Definitions. A. "Change of ownership" means a transfer of a present interest in real property. Every transfer of property shall qualify as a "change of ownership", except transfer of title from one spouse to another, whether the transfer is voluntary, involuntary, by operation of law, by grant, gift, devise, inheritance, trust, contract of sale, addition or deletion of an owner, property settlement, or any other means. "Change of ownership" effected other than by a contract of sale shall be deemed to occur at the time of actual transfer of title. .A "change of ownership" resulting from a contract of sal.e or similar instrument shall be so regarded only if escrow is opened or a contract of sale is executed, whichever occurs last, on or after the effective date of this chapter. B. "Low-water-use plumbing fixtures" means any toilet using a maximum of one and six-tenths (1.6) gallons per flush and shower heads designed to emit a maximum of two and one-half (2.5) gallons per minute (gpm) of water. C. "Retrofit" means the replacement of a conventional plumbing fixture with low- water-using plumbing fixtures. D. 'Water conservation certificate" means a certificate acknowledging that Installation of water-conserving plumbing fixtures has been completed. 13.06.020 Retrofit upon sale. A. Before the close of escrow for any change of ownership, defined by this chapter, of real property within the City, the selling owner(s) or an authorized agent shall \ i L ORDINANCE NO. - PAGE 2 certify compliance with the retrofit requirements of this chapter by obtaining a water conservation certificate in accordance with 9 13.06.040. No property transfer shall be recorded until verification has been received by the City and a water conservation certificate has been issued to the seller. B. Pursuant to the authority vested to the City of Arroyo Grande under Civil Code Section 1102.6a, the City hereby requires disclosure of the retrofit requirements of this chapter, in transaction, transfer, or change in ownership subject to the provisions of this chapter. C. No liability shall arise nor any action be brought or maintained against any agent of any party to a transfer of title, including any person or entity acting in the capacity of an escrow, for any error, inaccuracy, or omission relating to compliance with this section. However, this section does not apply to a licensee, as defined in Section 10011 of the State Business and Professions Code, where the licensee participates in the making of the certification required to be made pursuant to this section with actual knowledge of the falsity of the certification. 13.06.030 Cost of Retrofit The cost of retrofit shall be borne by the owner of the property. The owner can request a retrofit through the City's existing plumbing retrofit program as outlined in the City's Water Conservation Program. This program allows for the cost of the retrofit to be paid by the City if water conservation funds are available. 13.06.040 Verification. A. Upon retrofitting with water-conserving plumbing fixtures, the seller, prior to the change of ownership, shall obtain from the utilities department a "water conservation certificate," in accordance with administrative procedures established by the department, verifying that water-conserving plumbing fixtures have been installed. The seller shall allow an inspection of property by City staff. B. 'Water conservation certificates" shall also be available to those who voluntarily install water-conserving plumbing fixtures or have installed water-conserving plumbing fixtures prior to the effective date of this chapter. 13.06.050 Notice of correction. Whenever the Director of Public Works determines that there is a property where low-water-use plumbing fixtures have not been installed as required by this chapter or where such fixtures have been removed since initial installation and replaced with other than low-water-use fixtures, the Director may serve a notice of correction on the owner(s) of the property on which the violation is situated and any other person responsible for the violation. The owner of record shall have ninety days to take corrective action. Failure to take corrective action within ninety days shall constitute a violation of this chapter. i I ! L__ ORDINANCE NO. - PAGE 3 13.06.060 Exemptions. The Director of Public Works may exempt facilities from the provisions of this chapter, and impose reasonable conditions in lieu of full compliance herewith, if the Director determines that there are practical difficulties involved in carrying out the provisions of this chapter. The Director may exempt facilities from the provisions of this chapter when low-water-using fixtures are not available to match a historic architectural style. The Director shall require that sufficient evidence or proof be submitted to substantiate any exemption or acceptance of alternatives. 13.06.070 Appeals. A. Content of Appeals. An appeal may be made to an appeals board, consisting of representatives from the Community Development Department, Financial Services Department, and Utilities Department, by any person aggrieved by a decision of the Director of Public Works pursuant to this chapter. The appellant must specifically state in the notice of appeal: 1. The name and address of the appellant and the appellant's interest in the decision. 2. The nature of the decision appealed from and/or the conditions appealed from. 3. A clear, complete, but brief statement of the reasons why, in the opinion , of the appellant, the decision or the conditions imposed were unjustified or I inappropriate. 4. The specific facts of the matter in sufficient detail to notify the City. The appeal shall not be stated in generalities. B. Acceptance of Appeal. An appeal shall not be accepted by the City unless it is complete. 13.06.080 Penalties; infraction. It is unlawful to fail to comply with the retrofit requirements of this chapter or to alter or replace low-water-use plumbing fixtures required by this chapter with fixtures other than low-water-use plumbing fixtures. Violation of the provisions of this chapter shall constitute an infraction. Each day any violation of this chapter continues shall be considered a new and separate offense. 13.06.090 Remedies cumulative. The decision of the City to pursue either a civil or criminal or abatement action against a person violating any provision of this chapter shall not preclude further relief by use of any other remedy provided herein, or by common law, statute, or ordinance. I i ~~-_..- J ORDINANCE NO. - PAGE 4 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 section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unlawful. SECTION 3: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. On motion of Council Member, seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Ordinance was passed and adopted this day of , 2005. ~ J ~ ~ ... ----_.._------~~-- I ORDINANCE NO. - PAGE 5 TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY a.h. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION TO APPROVE FINAL TRACT MAP 2506; MAL-HUN, LLC; 325 ALDER STREET DATE: FEBRUARY 8, 2005 RECOMMENDATION: It is recommended the City Council approve Final Tract Map 2506, subdividing .80 acres into seven (7) residential parcels. FUNDING: There is no fiscal impact at this time. DISCUSSION: The City has received Final Tract Map 2506, owned by Mal-Hun, LLC. The subject tract is located at 325 Alder Street. This map subdivides a single residential parcel with an area of .80 acres into seven (7) residential lots ranging from 4,888 to 5,033 square feet in size. The map is consistent with the approved Vesting Tentative Tract Map 02-004, approved by the Planning Commission on March 18, 2003. The. current zoning for this tract is Multi-Family (MF). At the Planning Commission hearing, the following issues were addressed: . The Planning Commission granted a waiver to underground the overhead utilities for the south side of the project. However, tt)e applicant wilt be required to underground all overhead utilities along the project frontage. . The neighbor to the south expressed concern that the increased storm water runoff may cause flooding onto her property. The grading plan has been designed with positive drainage to the common driveway at the center of the project and will then enter an on-site underground storm drain vault. The applicant has complied with all the conditions of approval and it is recommended the Council approve Final Tract Map 2506. CITY COUNCIL CONSIDERATION OF APPROVAL OF FINAL TRACT MAP 2506; MAL-HUN, LLC; 325 ALDER STREET FEaRUARY 8, 2005 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staffs recommendation; . Do not approve staffs recommendation; . Modify as appropriate and approve staff's recommendation; or . Provide direction to staff. Attachment: Final Tract Map 2506 S:\PUBllC WORKS ENGINEERING SHARED fTEMS\DeveIopment Projects\Tract Maps\Tract 2506 - 325 Alder - Huns1ad\COUNCL\Council Memo _ Acceptance of Final Map for Tract 2506.doc -- ._'---~--'- "--".- --- -_._-~- ---- ATTACHMENT 1 \ ~'~I ~ L z:. ~,> !I ~ ~ ~"'x j!-t ~ AL.DE.R t . s)~ceT ~ ~. T . - - - - #.!! '~\5 p~ &EJ,RIWG.f>. .,; 'i;,.,"'. /" WOO.OO 'L'Z,-. -"'~I.~'("-'>~) ---...... o. .... _ ,tp.'JO'(~.q~,H.) ({ ( '------ ~~ 1: ;:~ .. '. ~ . "':; ~!t ~ l~ ,!!t ..1 ~~ ~ !> ~~ 'i..... IJ~ ... .so ~ is a:!; ~. I ~;; ~ ! ~~ ..... (\ I\' $.~ 1: I ... ~ bJ ! ! I:Il c; 0 s . I ., II ~-1 ~ iSi ~ .If, , " .0 ,co.",' : ". ~.'Je' _\ : 1'-3 'l . . - ..' I 4') 0 I I : i " . -s: ~~..: :.. no i'tn ,..-,.' J (>:. S ,!. ~~ . r i: :#.. t~ ! ... (i . i ~ -.;''i:k' ~)'~'.h . i I , ~ ~ " , '. ,.. . J.'fj' Jo. .. ~ ~.,1jI1I""" i~ . ; r'~~ "+ ~,~;iijtil it!i. 4 !f . .\ 11, . ~ J },:~ .~ 01 ~~ii J il!. .a. ; gJ~i~l.11 a !I& !'flll III. .7.. "41 "'9'" I iifl &.1 ~ , t RtfJ!.",' u~ ~ ;~,,:~~~ I i ~ t~~ ' If~~f( ~. 0(\ ... I f =!i~ Ii t ~I~I .. co. ~ .1(i - j ~ I ~ (\ i ~I.- $ ! -\ t i .8.,il a I .. t ~"'~! ; ~i "'iii' , ~ I . ',,' '. ';' ~~:; I ,.; ~_-" J :~.t~':~~{ , -_.~ 8.1. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER Iff' SUBJECT: CONSIDERATION OF ANNUAL ADJUSTMENT OF DRAINAGE FEES FOR ARROYO GRANDE DRAINAGE AREA NO.1 AND DRAINAGE IMPACT AND UTILITY FEE STUDY DATE: FEBRUARY 8, 2005 .' RECOMMENDATION: It is recommended the City Council: 1. adopt the attached Resolution approving an adjustment to the City's drainage fees for Arroyo Grande Drainage Area No.1, based on changes in the Engineering News Record Construction Cost Index; and, 2. direct staff to solicit proposals from qualified consultants to evaluate a stormwater utility and drainage impact fee for the entire City. FUNDING: The adoption of the attached Resolution will increase the drainage fees charged for new development projects in Arroyo Grande Drainage Area No. 1 in 2005. The revenue generated from this increase is dependent on the amount of new development in Arroyo Grande Drainage Area No. 1 during the coming year." DISCUSSION: In order that drainage fees remain current with the increase in construction costs, ~:: Resolution No. 1866, which established drainage fees for Arroyo Grande Drainage Area I No.1, states the City Council may annually modify the fees up or down in conformance with the Engineering News Record Construction Cost Index. Resolution No. 1866 .p," further states the factor for the adjustment of these fees shall be calculated and established each January by City Council Resolution, as recommended by the Director of Public Works, using the following formula: Factor = 1 + Current Index - Base Index for Julv 11. 1985 Base Index for July 11, 1985 Factor = 1 + Current Index - 4219.62 4219.62 1 ! i I J CITY COUNCIL CONSIDERATION OF ANNUAL ADJUSTMENT OF DRAINAGE FEES FOR ARROYO GRANDE DRAINAGE AREA NO.1 AND DRAINAGE IMPACT AND UTILITY FEE STUDY FEBRUARY 8, 2005 PAGE 2 The Engineering News Record Construction Cost Index for January 2005 is 7297. Therefore, the calculation for the factor for the fee adjustment is as follows: Factor = 1 + 7297 - 4219.62 = 1.72930 4219.62 The 1.72930 factor is multiplied by fees established in Resolution No. 1866 as shown in Exhibit A of the attached Resolution. In addition, Resolution No. 1866 identifies drainage fees by zoning district. Since the adoption of Resolution No. 1866 in 1985, the City has adopted new zoning districts. The following table lists the City's current zoning districts in relation to the zoning districts that were present in 1985: ZONING DISTRICTS 1985 2004 RESIDENTIAL DISTRICTS R-1 RE Residential Estate R-1 RH Residential Hillside R-1 RR Rural Residential R-1 RS Residential Suburban R-1 SF Single-Family Residential R-1 VR Village Residential R-2 MF Condominium townhouse R-G MFA Multifamily Apartment R-3 SR Senior Housing P-D MHP Mobilehome Park COMMERCIAL AND MIXED USE DISTRICTS C or I IMU Industrial Mixed Use Cor I VCD Village Core Downtown Cor I VMU Village Mixed Use District C or I TMU Traffic Way Mixed Use C or I GMU Gateway Mixed Use C or I FOMU Fair Oaks Mixed Use Cor I HMU Highway Mixed Use C or I OMU Office Mixed Use C or I RC Regional Commercial C or I HCO Historic Character Overlay CITY COUNCil CONSIDERATION OF ANNUAL ADJUSTMENT OF DRAINAGE FEES FOR ARROYO GRANDE DRAINAGE AREA NO.1 AND DRAINAGE IMPACT AND UTILITY FEE STUDY FEBRUARY 8, 2005 PAGE 3 SPECIAL DISTRICTS P-D P-D Planned Development P-D D Design Development P-D SP Specific Plan P-D PE Public/Quasi-Public P-D FH Floodplain Management . " On November 9, 1999 the City Council adopted the City's Storm Drain Master Plan that !! included a list for both capacity and maintenance projects. While funding alternatives were recommended in the plan, a funding source had not been established. As a result, the projects in the plan have only been implemented in conjunction with other projects or when deemed necessary to repair existing damaged facilities. Therefore, staff recommends the City contract for consultant services to establish appropriate development impact fees to fund future drainage capacity improvements and a potential stormwater utility fee to fund ongoing maintenance projects. ALTERNATIVES: . The following alternatives are provided for the Council's consideration: - Approve staff recommendations to adjust drainage fees and solicit consultant proposals; - Do not approve staff recommendations to adjust current fee structure and solicit consultant proposals; - Modify staff recommendation and approve; - Provide direction to staff. . .~ ;. t I j RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING DRAINAGE FEES FOR ARROYO GRANDE DRAINAGE AREA NO.1 BY THE CHANGE IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX WHEREAS, the City Council of Arroyo Grande has adopted Ordinance No. 439 C.S. which allows for the establishment of Area Drainage Plans and Drainage Fees; and WHEREAS, Resolution No. 1866 established drainage fees for "Arroyo Grande Drainage Area No.1, Halcyon Road West to City Limits"; and WHEREAS, Resolution No. 1866 states that the City Council may annually adjust the drainage fees in conformance with changes in the Engineering News Record Construction Cost Index, and the factor for the adjustment of these fees shall be calculated and established each January by City Council resolution as recommended by the Director of Public Works by the following formula: Factor = 1 + Current Index - Base Index for Julv 11. 1985 Base Index for July 11, 1985 Factor = 1 + Current Index - 4219.62 4219.62 NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Arroyo Grande does hereby adopt the fees and fee schedules set forth in Exhibit "A" attached hereto and incorporated herein by this reference. This Resolution shall take effect sixty (60) days after its adoption per Government Code section 66017. On motion by 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 2005. --- RESOLUTION NO. PAGE 2 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY EXHIBIT "A" CITY OF ARROYO GRANDE DRAINAGE FEES FOR ARROYO GRANDE DRAINAGE AREA NO.1 REVISED 2/8/05 Fees to be collected Arroyo Grande Drainage Area No.1, exclusive of zone 3: ZONE UNIT COST PER ACRE 1985 2004 1985 2004 RESIDENTIAL DISTRICTS R-1 RE $ 1,630.31 $ 2,819.30 R-1 RH $ 1,630.31 $ 2,819.30 R-1 RR $ 1,630.31 $ 2,819.30 R-1 RS $ 1,630.31 $ 2,819.30 R-1 SF $ 1,630.31 $ 2,819.30 R-1 VR $ 1,630.31 $ 2,819.30 R-2 MF $ 2,037.89 $ 3,524.12 R-G MFA $ 2,445.47 $ 4,228.95 R-3 SR $ 3,064.99 $ 5,300.29 P,.D MHP Select Zone Unit Cost Per Select Zone Unit Cost Per Acre in Accordance with Acre in Accordance with Actual Density Achieved Actual Density Achieved COMMERCIAL AND MIXED USE DISTRICTS C or I IMU $ 4,075.78 $ 7,048.25 C or I VCD $ 4,075.78 $ 7,048.25 C or I VMU $ 4,075.78 $ 7,048.25 Cor I TMU $ 4,075.78 $ 7,048.25 C or I GMU $ 4,075.78 $ 7,048.25 C or I FOMU $ 4,075.78 $ 7,048.25 C or I HMU $ 4,075.78 $ 7,048.25 C or I OMU $ 4,075.78 $ 7,048.25 C or I RC $ 4,075.78 $ 7,048.25 C or I HCO $ 4,075.78 $ 7,048.25 -_._-~._-_... n~ ZONE UNIT COST PER ACRE 1985 2004 1985 2004 SPECIAL DISTRICTS P-D P-D Select Zone Unit Cost Per Select Zone Unit Cost Per Acre in Accordance with Acre in Accordance with Actual Density Achieved Actual Density Achieved P-D D Select Zone Unit Cost Per Select Zone Unit Cost Per Acre in Accordance with Acre in Accordance with Actual Density Achieved Actual Density Achieved P-D SP Select Zone Unit Cost Per Select Zone Unit Cost Per Acre in Accordance with Acre in Accordance with Actual Density Achieved Actual Density Achieved P-D PE Select Zone Unit Cost Per Select Zone Unit Cost Per Acre in Accordance with Acre in Accordance with Actual Density Achieved Actual Density Achieved P-D FH Select Zone Unit Cost Per Select Zone Unit Cost Per Acre in Accordance with Acre in Accordance with Actual Density Achieved Actual Density Achieved - .--.-- ...- Fees to be collected within zone 3 of the Arroyo Grande Drainage Area No.1: ZONE UNIT COST PER ACRE 1985 2004 1985 2004 RESIDENTIAL DISTRICTS R-1 RE $ 7,000 $12,105.10 R-1 RH $ 7,000 $ 12,105.10 R-1 RR $ 7,000 $12,105.10 R-1 RS $ 7,000 $ 12,105.10 R-1 SF $ 7,000 $ 12,105.10 R-1 VR $ 7,000 $ 12,105.10 R-2 MF $ 8,700 $ 15,044.91 R-G MFA $ 10,500 $ 18,157.65 R-3 SR $ 13,160 $ 22,757.59 P-D MHP Select Zone Unit Cost Per Select Zone Unit Cost Per Acre in Accordance with Acre in Accordance with Actual Density Achieved Actual Density Achieved COMMERCIAL AND MIXED USE DISTRICTS Cor I IMU $ 17,500 $ 30,262.75 C or I VCD $ 17,500 $ 30,262.75 . Cor I VMU $ 17,500 $ 30,262.75 C or I TMU $ 17,500 $ 30,262.75 C or I GMU $ 17,500 $ 30,262.75 C or I FOMU $ 17,500 $ 30,262.75 C or I HMU $ 17,500 $ 30,262.75 C or I OMU $ 17,500 $ 30,262.75 Cor I RC $ 17,500 $ 30,262.75 Cor I HCO $ 17,500 $ 30,262.75 ZONE UNIT COST PER ACRE 1985 2004 1985 2004 SPECIAL DISTRICTS P-D P-D Select Zone Unit Cost Per Select Zone Unit Cost Per Acre in Accordance with Acre in Accordance with Actual DensityAchieved Actual Density Achieved P-D D Select Zone Unit Cost Per Select Zone Unit Cost Per Acre in Accordance with Acre in Accordance with Actual Density Achieved Actual Density Achieved P-D SP Select Zone Unit Cost Per Select Zone Unit Cost Per Acre in Accordance with Acre in Accordance with Actual Density Achieved Actual Density Achieved P-D PE Select Zone Unit Cost Per Select Zone.Unit Cost Per Acre in Accordance with Acre in Accordance with Actual Density Achieved Actual Density Achieved P-D FH Select Zone Unit Cost Per Select Zone Unit Cost Per Acre in Accordance with Acre in Accordance with Actual Density Achieved Actual Density Achieved - I.a. MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG COMMUNITY DEVELOPMENT DIRECTOR BY: ~! KELLY HEFFERNON I ~ ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT CASE NO. 04.001 TO ALLOW A FINANCIAL INSTITUTION TO OCCUPY BUILDING "J" OF THE FIVE CITIES SHOPPING CENTER; 911 RANCHO PARKWAY; WELLS FARGO BANK DATE: FEBRUARY 8, 2005 RECOMMENDATION: The Planning Commission recommends the Council adopt the attached resolution approving the proposed project. FUNDING: It is uncertain what the net financial benefrt or loss would be. to the City by allowing a bank to occupy what is currently a retail-approved lease space. The subject property has not been occupied to date and therefore has not generated any sales tax revenue for the City. There would be a potential future loss in sales tax revenue by allowing a non-retail use. Secondary financial benefits could be gained from the bank drawing more people to the Five Cities Center to shop. DISCUSSION: Backaround The City Council approved Conditional Use Permit 96-541 to construct the Five Cities Center in July 1996, which included the construction of fourteen (14) commercial buildings in two phases. The site plan approved as part of the conditional use permit designated the location, maximum building size and uses for each building. As shown on the approved site plan for Phase II, Buildings I, J and K were designated for commercial retail uses, and Buildings Land M were designa~ed for restaurant uses (reference Attachment 1). In November and December of 2001, the City Council approved amendments allowing a 4,100 s.f. portion of Building J as a restaurant with outdoor patio, instead of retail, and decreasing the size of the restaurant in Building M from 6,000 to 5,000 sJ. with a 1,200 sJ. . patio. A.G. Edwards & Sons, a financial institution, was allowed to occupy Building L, originally planned for restaurant then retail use. . The City Council first received this application for Conditional Use Permit Amendment on May 25, 2004 with the Planning Commission recommending approval {without a --- -~- CITY COUNCIL ACUP 04-001 FEBRUARY 8, 2005 PAGE 2 supporting traffic study). The Council deferred a decision and requested a traffic study. The proposal was heard again on October 26, 2004 when a trip generation comparison between retail and bank use was presented for preliminary review. The Council again deferred a decision and requested a comprehensive traffic study including new counts, comparison with original 1996 EIR projections, Pad 'I' reconfiguration cumulative impacts, and recommended mitigation measures for any deficient intersections. The traffic study was not completed in time for the January 25, 2005 hearing, so the item was continued to February 8. Building J has a total of 11,700 square feet of lease space; 4,550 square feet of which has been vacant since it was constructed. The bank proposes to occupy this remaining lease space, rendering all of Phase II as completely occupied, except for Building I which has yet to be constructed. Originally, Pad 'I' was planned as a single 36,000 s.f. retail anchor building in Phase II. The proposed Pre-Application for Pad 'I' reconfiguration was submitted in November 2004 (Attachment 2), and was used to evaluate probable development impacts including traffic prior to separate Conditional Use Permit application. . ParkinQ Requirements The main issue raised by this proposed CUP Amendment is how the parking and circulation will be affected within Phase II of the. shopping center. The parking calculations summarized in the table below show that the proposed change in use for lease space from commercial retail to financial institution will not adversely impact the parking configuration or the ability to provide sufficient parking for Phase II, exclusive of Pad 'I' reconfiguration which will be subject to a subsequent CUP application. SUMMARY OF PARKING REQUIREMENTS No. Parking Spaces existing Parking 263 Parking Demand: Wells Fargo (or retail use) 18 Baja Fresh 26 Coldstone Creamery 15 Hallmark 12 Trader Joe's 47 AG Edwards 16 Vigneto Restaurant 50 Total parking required 184 Attachment 3 is a Memorandum dated January 31, 2005 from Omni-Means (the transportation consultant who prepared the City's 2005 traffic model), the concurrent Pad 'I' reconfiguration traffic impact study report (TIS), and the prior trip generation compariSon. The traffic model report and Pad 'I' reconfiguration TIS report are also transmitted as separate items of consideration, and they can be utilized for more detailed background and findings related to this ACUP hearing. S:\COMMUNITY _DEY,ELOPMENnCITY _COUNCIL\2005\02-08-05\2-22-05 ACUP Wells Fargo CC RPlc:lOC --~- i.. -- -- CITY COUNCIL ACUP 04..001 FEBRUARY 8, 2005 PAGE 3 The memorandum concludes that the driveways on Rancho Parkway nearest the intersection with West Branch Street into Phase I and II are currently operating at Level of Service (LOS) 'D', an unacceptable level. during the weekday PM peak hour. The memo (pages 2 & 3) also addresses weekend peak hour comparison with weekday peak by a recent additional count sampling. Table 2 summarizes the findings which are generally higher on weekend than weekday. but do not enable conclusions beyond the locations studies. The memo suggests and depicts a traffic channelization median which would enable left turns into both phases, but preclude cross traffic or left turns from either phase. It would still be possible to cross Rancho Parkway by right turn and 'U' turn movements or utilizing the upper driveway servicing Phase II or other routes from Phase I. (See Figure I of Memo). Staff has inserted a condition of approval that would require. this channelization mitigation with detailed design engineers' cost estimate and improvement security deposited to assure construction prior to Wells Fargo occupancy and completion as soon thereafter as feasible. It should be understood that the City would NOT allow new buDding Pad "I" reconfiguration occupancy without his mitigation being completed, and that other mitigation may also be a prerequisite for any new buildings. Plannina Commission The Planning Commission held a public hearing on the proposed financial use on May 4. 2004 and recommended approval after discussing issues of parking, traffic and lighting (see Attachment 4 for Meeting Minutes). It should be noted that the Planning Commission, SAC and ARC recommendations were all prior to the City Council requirement for a comprehensive traffic impact study. The TIS memo reveals an unacceptable Level of Service 'D'at the Rancho Parkway driveway during weekday PM peak hour (and higher weekend counts at this nearest problem intersection), as well as three other unacceptable Level of Service (LOS) locations more distant but impacted by the proposed project. White the report proposes intersection channelization as possible mitigation to the driveways peak hour LOS problems, it is the City Council's determination that would enable this or other alternate as a condition of approval or required mitigation. and the significance of this impact on other locations. If the City Council wants the earlier Planning Commission recommendation clarified to address the traffic impact study, it would be necessary to continue this hearing and refer the matter back for additional consideration. Staff Advisorv Committee (SAC) The SAC considered the project on March 31, 2004 and discussed issues relating to adequate garbage capacity within the existing enclosure to handle the added use, onsite utilities, sufficient lighting for the ATM, and employee parking (see Attachment 5 for Meeting Notes). S:\COMMUNITY _DEVELOPMENT\CITY _COUNCIL\2005\02-08-05\2-22-05 ACUP Wells Fargo CC Rpt.doc ~...- _...~ CITY COUNCIL ACUP 04.Q01 FEBRUARY 8, 2005 PAGE 4 Architectural Review Committee (ARC) The ARC considered the sign application for the bank on May 3, 2004 and recommended approval as submitted (see Attachment 6 for Meeting Notes). Two wall signs are proposed that meet the requirements for the Five Cities Planned Sign Program. No signage is proposed on the back of the building. PUBLIC COMMENTS: A public notice was sent to all property owners within 300 feet of the proposed project, and a public notice was placed in The Tribune on January 14, 2005. Staff has not received any comments or correspondence to date. ENVIRONMENTAL ASSESSMENT: Staff has reviewed this project in compliance with the Califomia Environmental Quality Act, I and has found that the project is exempt per section 15305 of the CEQA Guidelines. Therefore, staff does not anticipate that this project will have an adverse effect on the environment. Because the use occupies an existing building, it is not necessary that a Mitigated Negative Declaration be prepared or filed, but based on the traffic study, the I recommended mitigation is a condition of approval. 1 AL TERNA TIVES: The following alternatives are presented for the Council's consideration: 1. Approve the Planning Commission's recommendation and adopt the resolution; 2. Modify the Planning Commission's recommendation and adopt the resolution; or 3. Take tentative action to deny the project application and direct staff to prepare an appropriate resolution for City Council action. If the Council selects alternative 3, staff will return with the appropriate resolution at a later meeting. Attachments: 1. Original Site Plan for the Five Cities Shopping Center 2. Pre-Application site plan for Pad 'I' reconfiguration 3. Omni-Means memo of January 31, 2005 4. Planning Commission Meeting Minutes of May 4, 2004 5. SAC Me~ting Notes of March 31, 2004 6. ARC Meeting Notes of May 3, 2004 7. City Council Meeting Minutes of May 25, 2004 8. City Council Meeting Minutes of October 26, 2004 S:\COMMUNITY _DEVELOPMENT\CITY _COUNCIL\2005\02-08-05\2-22-05 ACUP Wells Fargo CC Rpt.doc -_._._--,-~.,~_..--._... -- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT CASE NO. 04-001, APPLIED FOR BY WELLS FARGO BANK, LOCATED AT 911 RANCHO PARKWAY (FIVE CITIES SHOPPING CENTER, PHASE II) WHEREAS, the City Council of the City of Arroyo Grande has considered Amended Conditional Use Permit Case No. 04-001, filed by Wells Fargo Bank to amend Conditional Use Permit 96-541, as previously amended, by allowing a financial use in Building "J" of the Five Cities Shopping Center; and WHEREAS, on May 4, 2004 the Planning Commission held a public hearing on this application in accordance with the City Code and recommended the City Council approve the project; and WHEREAS, the City Council has held a public hearing on this application in accordance with the City Code; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the City Council has found that this project is categorically exempt under Section 15305 of State CEQA Guidelines; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is permitted within the Rancho Grande Planned Development (PO 1.2) pursuant to Section 16.16.050 of the Development Code, and complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the building is already constructed and the proposed use is similar to other surrounding uses. 3. The site is suitable for the type and intensity of use or development that is proposed because all the necessary easements, circulation, parking and setbacks will be provided. 4. There are adequate provisions. for water, sanitation, and public utilities and services to ensure the public health and safety. The building was constructed and issued a temporary certificate of occupancy in 2000, verifying that all necessary utilities and provisions were installed to ensure public health and safety. ----~- ------ RESOLUTION NO. PAGE 2 5. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity, because the, traffic impacts identified in the recent traffic study memo are mitigated by conditions of approval. The building is already constructed and the existing parking is sufficient to accommodate the use, and Rancho Parkway median channelization will address driveway intersection deficiencies. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Amended Conditional Use Permit Case No. 04-001, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Council Member , seconded by Council Member , and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this day of 2004. ------ ----.-_.._- ---~.- ~ RESOLUTION NO. PAGE 3 TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY -....---1---.- ~---_._..._--~----- RESOLUTION NO. PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO. 04-001 AGRA, LLC FIVE CITIES CENTER, PHASE II COMMUNITY DEVELOPMENT DEPARTMENT This Amendment to Conditional Use Permit 96-541 authorizes a financial institution to occupy Building "J" of the Five Cities Shopping Center (lease space is approximately 4,550 square feet). GENERAL CONDITIONS 1. All conditions of approval for Conditional Use Permit 96-541 shall remain in full force and effect as indicated in City Council Resolution 3157 approved on July 9, 1996. 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 3. The applicant shall comply with all conditions of approval for Amended Conditional Use Permit Case No. 04-001, as recommended by the Planning Commission. 4. This application shall automatically expire on February 8, 2007 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 5. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. SPECIAL CONDITIONS 6. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of February 8,2005 and marked Exhibit "B". The project shall include Rancho Parkway median traffic channelization design, cost estimate and security deposit prior to bank occupancy, and construction of said improvements shall be completed as soon as practical thereafter (but in any event prior to Pad 'I' occupancy.) I --- ----_.~...._- RESOLUTION NO. PAGE 5 7. Prior to issuing a Certificate of Occupancy, the applicant shall submit a letter from the property owner (lnvestec) verifying that the existing trash receptacles, within the existing trash enclosure and the proposed frequency of trash pick ups is adequate to accommodate the proposed use in addition to existing uses. 8. The employee parking for Wells Fargo Bank shall be restricted to the extreme I southwest comer of the existing parking lot. 9. Prior to issuing a Certificate of Occupancy, the applicant shall submit an I exterior lighting plan and site lighting footcandle plan subject to review and approval of the Community Development and Police Departments that complies. with Section .16.48.090 of the Development Code. BUILDING AND FIRE DEPARTMENT 10. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the Prior to issuing a Certificate of Occupancy, City of Arroyo Grande. 11. The project shall provide complete compliance with State and Federal disabled access requirements. 12. Prior to issuing ~ Certificate of Occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. 13. Two (2) exits are required from the public area. 14.. The vault "structure" shall be independent from existing building structure. 15. Existing fire sprinkler and alarm system shall be revised as required for new construction and occupancy. S:\COMMUNITY _DEVELOPMENT\PROJECTS\CUP\Five Cities Center\Wells Fargo\CC reso.doc 1 .\11 "'. .. .mw ~ ..' ' .,. .. , . i&~::~' i U1 . "4'f l <;t3r(k ~uI .. , ;.,. 0 0 "',1 u t- ~ \ ~ l"~ :' ~ ~ ex:. . ~. ,~.. 8-(!)'-' ..~ 1 \ 0 ~ O!L ~(' ~ i ,... u1 ~,i.." ~ ' ,>- ~ \ to ~ )\', >> . \ '" ::;' 'Is % ~ :s: .' ~.. ~ ~ 8 t \II a:. ~. .' it: ~ \-;r. . 0< .., . \ \! ~ ~ ~ia, \-;r. ... 0" '.. ',t, . ~Q> Q>~ .. .. ",.:.,' d~$ ~N . . '... :3 '" U I ,><.:, at f:'. ~L ~., ~c',;;", i'8 __ >t>~ i.' '.".',: ~.s. ~ ~ .. ~:. .~:. t~,,~"~li ",'" a1' ~ ~."f \ " __ I ."t. ...... ! 0.. ..-t. · i' '11.'1. . ~ , ... ....:. . ~ . ." 5 " '~:" w . Ui ~ ..~~ ~-: CI.... :::1. ~N-;. .a..~ o..to' c.:> ..to' : "I t' 11 ! #, , t~'~ .i' t1 \ i i \ \ t \ ,\ ., "I t. ,). th\~\ln, 1 \ .. t .~ .... '. f' ':" . ,', .... ," . '. . .' i . I i ',1 \\ l \\~ ~ ~'f''',:,~ ~ t. \\ ,<\'..~.~ 3 it\ \ '1111 d'~ \. .: ' .~~~". " .' -_..:-:--~~.~..,..;~.-.~~ I 6961t"~ 19oe) ~6 Y.) ! o --- .......-.., lOlt6 Y.) 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Ii: I"" 8 ~ ~is} :z:;- - ~ =~2 1;).: .... ~. .. .... : ~ ~ \ <( ~\ '\ ~ ~ ATTACHMENT 3 . ~ 9.1];I~!:S~L'~~R~ RECEIVED f-1:i:3 0 1 2005 MEMORANDUM CITY OF ARRovo GP~E COMMUNI'IY DEYELOPM To: City of Arroyo Grande Date: January 31, 2005 ENT Attn: Mr. Rob Strong, Community Project: Five Cities Shopping Center TIS Development Director From: Marty Inouye, OMNI-MEANS Job No.: 25-1275-08 Andrew Lee Re: Wells Fargo Bank Traffic Impacts File No.: C833MEM009.DOC CC: Don Spagnolo This memorandum has been prepared by OMNI-MEANS to present the results of an analysis on the projected traffic impacts due to the proposed Wells Fargo Bank' occupancy of the currently vacant 4.55 KSF retail space in the Trader Joe's-anchored portion of the Five Cities Shopping Center. This project was originally analyzed as part of the Five Cities Shopping Center Expansion. The following section details the projected trip generation and peak hour intersection operations resulting from the bank. Existing Conditions Existing AM and PM peak hour intersection traffic operations were quantified utilizing the existing traffic volumes and the existing intersection lane geometrics and control. Table 1 contains a summary of the existing intersection LOS conditions. TABLEt EXISTING CONDITIONS: INTERSECTION LEVKLS OF SERVICE 1 Oak Park Blvd I West Branch St Signal 18.2 B - 25.4 C - 2 West Branch St I Camino Mercado - US 101 NB AWSC 10.6 B No 42.0 E Yes 3 West Branch St I Rancho Parkway Signal 6.8 A - 14.5 B - 4 Rancho Parkway I Camino Mercado TWSC 1.4 A No 0.6 A No 5 West Branch St I Brisco Rd Signal 16.2 B - 28.0 C - 6 Brisco Rd I US 101 NorthbolDld Signal 17.3 B - 27.2 C - 7 El Camino RealI Brisco Rd Signal 20.1 C - 28.7 C - 8 EIC~oReal/H~~DRd-USI0ISB SIp~ 46.6 D - 43.4 D - 9 West Branch St I Grand Ave TWSC 19.7 C No 93.9 F No 10 Raocho Parkway I driveway TWSC 10.8 B No 30.1 D No 11 West Branch St I driveway west Signal 10.7 B - 18.4 B - 12 West Branch St I driveway east TWSC 10.5 B No 13.7 B No Note: LOS - Minor Street Approach Level of Service for 1Wo-Way Stop-Controlled intersections LOS - Overall Average Intersection Level of Service for SignoJized and All-Way Stop-Controlled intersections Delay - Minor Street Approach Delay for 1Wo-Way Stop-Controlled intersections Delay - Overall Average Intersection Delay for Signolized and All-Way Stop-Controlled intersections TWSC - 1Wo-Way Stop-Controlled Intersection A WSC - All Way Stop-Controlled intersection Warrant - MU1"CD Peok Hour Volume Warrant-3 (Urban Areas) As indicated in Table 1, the West Branch Street intersections at Camino MercadolUS 101 Northbound ramps and Grand Avenue, and the Rancho Parkway/project driveway intersection currently operate at an 1 943 Reserve Drive, Suite 100, Roseville, CA 95678 - (916) 782-8688 fax (916) 782-8689 . January 31, 2005 To mitigate the existing conditions, a signal is proposed for the West Branch Street/Camino Mercado/ US 101 NB ramps intersection. The signalization of this intersection is listed within the City's Capital Improvement Program and is planned for installation. For the EI Camino ReaV Halcyon Road/US 101 SB intersection, a PSR has been completed and a P A&ED is underway for the modification of the US IOI/Halcyon Road/Brisco Road interchange. Traffic signal installation and coordination is projected at the West Branch StreetlEast Grand Avenue intersection to achieve acceptable LOS "B". However, a detailed traffic analysis for actual implementation is needed, given the close spacing along Grand Avenue, to determine the appropriate mitigation solution. An appropriate mitigation measure is presented for the Rancho ParkwaylDriveway intersection in a subsequent section of this memo. The remaining study intersections are currently operating at an acceptable LOS. Weekday / Weekend Peak Hour Comparison OMNI-MEANS conducted a supplemental analysis, at the request of the City, to validate the weekly peak hour of the Five. Cities Shopping Center and surrounding street s-egments. A sampling methodology was employed, where daily traffic counters were placed at the three shopping center driveways on Rancho Parkway, the Town Center Driveway north of West Branch Street, and on the approaches leading to the West Branch Street / Rancho Parkway intersection for an entire week from January 19 to January 25, 2005. The driveway counts allow for a sample comparison between the weekday and weekend trip generation of the shopping center, while the roadway segment counts provide a sample difference in traffic volumes on the traffic network between the weekend and weekday peak hours. Table 2 shows the peak hour traffic volumes at each location for the peak weekday and weekend day. TABLE 2 WEEKDAY I WEEKEND DAY PEAK HOUR TRAFFIC COUNTS Drivewtlys Town Center Drwy, nJo W. Branch St. 249 434 548 232 631 562 15% Walmart Drwy, wlo Rancho Pkwy. 293 545 623 277 651. 734 18% Trader Joe's Drwy north 61 134 136 58 158 185 36% Trader Joe's Drwy south 94 214 275 82 222 270 -2% Roadway Segments Rancho Pkwy, nJo W. Branch St. 461 828 899 379 1,028 1,075 20% W. Branch St., wlo Rancho Pkwy 496 730 830 307 739 666 -11% W. Branch St., elo Rancho Pkwy 696 1,236 1,445 533 1,471 1,555 8% As shown in Table 2, the Five Cities Shopping Center generates more traffic on weekend days than on weekdays. Higher weekend trip generation rates are typical of most shopping centers according to ITE's Trip Generation, f1' Edition. The City standard for trip generation data, the SANDAG-published Trip Generation Manual (last revised May 2003), does not contain weekend trip generation rates. Traffic counters provide the roadway volumes in IS-minute increments, with the peak hour defined as the highest traffic volume over four consecutive IS-minute increments. The AM, Midday, and PM peak hours generally occur from 8-9AM, I-2PM, and 5-6PM, respectively. As shown from the data, the roadway traffic volumes on a weekend day do not necessarily have the same magnitude increase as the shopping center itself. Rancho Parkway experiences the greatest increase in traffic volumes on the weekend day, which is attributable to it having the closest driveway from the Brisco interchange into the Walmart-anchored portion and exclusive access into the Trader Joe's- 2 943 Reserve Drive, Suite 100, Roseville, CA 95678 - (916) 782-8688 fax (916) 782-8689 --- . January 31, 2005 anchored portion of the shopping center. The segment of West Branch Street between the shopping center and the Brisco Road interchange experiences a weekend increase in traffic volumes of a lesser magnitude than Rancho Parkway. The segment of West Branch Street west of Rancho Parkway experiences a decrease in traffic volumes on the weekend day compared to weekday traffic volumes. Differences between weekend and weekday peak hour volumes may be attributable to the lack of commuter traffic during weekday peak hour periods. The comparison between weekday and weekend peak hour traffic volumes provides evidence that the Five Cities Shopping Center tends to generate higher traffic volumes on weekend days. However, the effect from weekend traffic characteristics is likely limited to intersections in the immediate vicinity of the shopping center. While future traffic studies may be able to project the weekend difference in trip generation volumes for the shopping center, there is no similar data available on the differential trip generation for other land uses within the area, which makes conducting traffic impact studies on weekend conditions difficult. The potential significance of the weekend traffic volumes on project study area intersections is addressed in the mitigations section. Project Trip Generation Table 3 summarizes the anticipated trip generation from the entire shopping center and incremental change resulting from the proposed development. Trip generation rates for the shopping center expansion were derived from the trip volumes the site currently generates on a daily and peak hour basis. The shopping center trip observations were taken over a 24-hour period on November 17, 2004 through the use of count devices installed at all shopping center driveways. TABLE 3 EXISTING PROJECT PLUS EXPANSION TRIP GENERATION Five Cities Shopping Center (Existing Total)1 Walmart-anchored portion Trader loc's-anchored portionl Five Cities Shopping Center (Observed)2 52% Shopping Center (SANDAG) - Drivewai 50% Shopping Center (SANDAG) - Cwnulative2 50% Vacant Rctail ~ace bexistint ~ Total Project rip enen on uU Occupancy + Expansion) 19,868 508 305 203 2,090 1,002 1,088 I. The listed Sq1UlTe footage is lIIinll$ the Meant 4.55 KSF retail pad located in the etUtem portion of the shopping center. 2. ~ trips are the total number of trips entering and exiting the proj<<t site. They blelude JHUs-by tripJ (trips diverted from ahting area traffIC) and cumulotive trips (trips trave/blg to the project site tIS a prinuuy trip JIIlf'POJe). The observed trip rata are for driveway trips. 3 943 Reserve Drive, Suite 100, Roseville, CA 95678 - (916) 782-8688 fax (916) 782-8689 --- , January 31, 2005 As shown in Table 3, the Five Cities Shopping Center currently generates 19,553 daily trips, 500 AM peak hour trips (300 inbound, 200 outbound) and 2,057 PM peak hour trips (986 inbound, 1,071 outbound). Based on the observed rates, the occupancy by Wells Fargo Bank in the cWTently vacant retail space are estimated to generate an additional 315 daily trips, 8 AM peak hour trips (5 inbound, 3 outbound), and 33 PM peak hour trips (16 inbound, 17 outbound). Note that the increase in trips resulting from the bank is considered when conducting the traffic impact analysis and that the bank regarded as an integrated part of the shopping center and not a stand-alone facility. The actual patronage of the bank would likely be higher when considering patronage by shopping center customers that already travel to the project site to fulfill other shopping needs. To further provide a context for the magnitudes of the observed trip volumes, Table 8 compares the trip generation rate and volume estimates for the originally approved Grande Plaza shopping center contained in the supporting EIR (ATE, 1996) to the observed trip rates and volumes for the existing Five Cities Shopping Center. Originally Approved Shopping Center 355 KSp2 43.95 15,601 4.14 1,471 (Grande Plaza)' ! Existing Five Cities Shopping Centel 282.3 KSF 69.3 19,553 7.3 2,057 Five Cities ShoppinR Center + Bank 286.9 KSF 69.3 19.868 7.3 2.090 Trip Difference (Existing) 3,952 586 Trip Difference (wi Blink) 4,267 619 1. Trip rates based on ITE Trip Ge"elYllUJ" HtUUlbook (5th Edition) 2. Net new squarefootage (359,000 proposed minus 4,000 existing Sizzler) 3. Trip rates based on U-hour observations As shown in Table 8, the existing Five Cities Shopping Center exceeds the projected trip generation rates and volumes for the originally approved Grande Plaza shopping center by nearly 4,000 trips on a daily basis and 600 trips during the PM peak hour period. As stated in the previous section, the expansion of the Five Cities Shopping Center to include the proposed Wells Fargo Bank: is projected to add 315 daily trips and 33 PM peak hour trips. Short Term Plus Project Conditions The West Branch Street/Camino MercadolUS 101 NB ramp, West Branch Street/Grand A venue, and Rancho Parkway/driveway intersections are projected to operate at an unacceptable LOS during at least one peak hour period under Existing and Short Term No Project Conditions. Intersections projected to operate under acceptable LOS are projected to continue doing so with the addition of the Wells Fargo Bank. The additional 8 AM and 33 PM peak hour trips are not projected to noticeably increase delay and congestion at the deficient intersections beyond their current levels. 4 943 Reserve Drive, Suite 100, Roseville, CA 95678 .. (916) 782-8688 fax (916) 782-8689 -'-"'- . January 31, 2005 Recommended Mitigation Measures The critical intersection affected by the proposed Wells Fargo Bank is the Rancho Parkway / Shopping Center Driveway intersection, which currently operates at unacceptable LOS "D" during the PM peak hour period. Based on City staff input, the preferred intersection mitigation is installing raised medians in the Rancho Parkway Shopping Center Driveway such that left turns and through movements are prohibited ftom the east- and west-bound driveway approaches. All traffic from the driveway approaches wishing to make a left-turn or through movement would need to t\m1 right and make a U-turn at the next available intersection. The median will allow vehicles approaching from the north- and south-bound Rancho Parkway approaches to continue making left-turns into the either shopping center area (e.g. Walmart- and Trader Joe's-anchored). By installing the raised median and widening the eastbound driveway approach, the following intersection configuration is formed: . Northbound Rancho Parkway - one left-turn lane, one combination through-right turn lane. . Southbound Rancho Parkway - one left-turn lane, one exclusive through lane, one combination through-right turn lane. . Eastbound Driveway - one right-turn lane. . Westbound Driveway - one right turn lane. Figure 1 shows the reconunended intersection geometries. With this configuration, this intersection is projected to operate under LOS "B" under Existing and Short Term Plus Project Conditions. The northern driveway into the Trader Joe's-anchored section of the shopping center would continue to operate as a standard TWSC "T" -intersection and is projected to maintain an acceptable LOS due to existing low traffic volumes. 5 943 Reserve Drive, Suite 100, Roseville, CA 95678 - (916) 782-8688 fax (916) 782-8689 - ~_..----_.-.- S,,,, . ... .~ . - . .. ,.,.,., , . - . II H "..' A TT ACHMENT 4 MINUTES PAGE 5 PLANNING COMMISSION MAY 4, 2004 The Commission unanimously approved the recommendation to make Certificates of Compliance an administrative or procedure and asked staff to come back with a Development Code Amendment to address this requested change. The Comrrnssion had no further concerns. Chair Guthrie opened the hearing for public comment and hearing none closed it Commissioner Keen made a motion, seconded by Commissioner Brown approving Certificate of Compliance Case No. 04-001 and adopting: RESOLUTION 04.1924 A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION APPROVING CERTIFICATE OF COMPLIANCE CASE NO. 04~01 FOR PROPERTY LOCATED AT 439 EAST BRANCH STREET AND 426 CROWN HILL, APPLIED BY GREG & DEBRA KLOSINSKI The motion was approved on the following roll call vote: AYES: Commissioners Keen, Brown, Arnold, Fowler and Chair Guthrie NOES: None ABSENT: None the foregoing Resolution was adopted this 4th day of May 2004. B. AMENDED CONDITIONAL USE PERMIT CASE NO. 04~01; APPLICANT - WELLS FARGO BANK; LOCATION - 911 RANCHO PARKWAY. Staff report prepared and presented by Associate Planner, Kelly Heffernon. Ms. Heffernon explained that this was a proposal to consider an amended Conditional Use Permit (CUP) Case No. 96-541 by allowing a financial office use in a portion of Building "J", of Phase II, of the Five Cities Shopping Center in Planned Development PD 1.2. Ms. Heffernon described the proposed changes: . Change on existing doors- replace with full glass windows; . Enlarging the front door; . Installing stucco in place of glass for the A TM machines; . The back of the building will remain unchanged; . The ARC has recommended approval of two 31-square foot signs (this does not include any signage on the back of the building); the signage will not be approved until the ACUP has been considered. The primary concern raised by the CUP Amendment is how the parking and circulation will be affected within Phase II of the shopping center. The parking study shows that the proposed change in use for lease space from commercial retail to financial institution would not adversely impact the parking configuration or the ability to provide --'.-- --- -.---" "-.,--- ---- MINUTES PAGE 6 pLANNING COMMISSION MAY 4, 2004 sufficient parking for Phase II. Traffic congestion is also a concern as the SANDAG trip generation chart shows that approximately three times the trips (over retail generated trips) could be generated with a "stand alone" bank. However, staff does not believe this use will generate much more traffic, as this shopping center will be used for multiple purposes. When an application comes forward for Pad 'I' (final pad), staff will look at a more detailed parking and traffic analysis, including the problematic driveway intersection of Phases I and II on Rancho Parkway. In reply to a question from Commissioner Fowler, Ms. Heffernon stated that this building has been vacant for four years. Commissioner Arnold stated it is well known that there is a problem with the circulation (getting in and out of the two sides, Phase I and Phase II), and asked if there had been consideration of closing one entrance on Phase II where it aligns with Phase I? Ms. Heffernon said this could be addressed at the Traffic Commission if requested. Chair Guthrie asked if trip generation had been included for the two A TM's? Ms. Heffernon replied that she did not have this information, but if further environmental review was required this could be done. Chair Guthrie opened the hearing for public comment. Susan Ambrosia, Wells Fargo Bank, explained details of the proposal and said she would be happy to answer any questions. Commission Comments: Keen: . Does the existing parking lot lighting meet the standards for A TM's? Ms. Ambrosia replied that they would have to do a photometric study and modify the existing if required. . Was there any discussion with the Police Department re the placement of the A TM's? Mr. Strong replied this was discussed at the SAC meeting. Dave Pintard, Investec, stated they would have their architect address the circulation of traffic from Phase I and II when Pad 'I' comes forward for consideration and they were aware that the cross traffic is a problem. In addition, he stated he had a letter from the State Board of Equalization (copy given to staff) showing that in 2002 the Five Cities Center generated retail sales tax revenue in the amount of $719,120 for, the City, and this figure does not include Pad 'I'. This was substantially more tax revenue than projected when the shopping center was being considered originally (3$55,000 estimated). Chair Guthrie closed the hearing for public comment. Commission Comments: ~ MINUTES PAGE 7 PLANNING COMMISSION MAY 4, 2004 Keen: . The parking lot lighting around the ATM machines should be addressed. Arnold: . No further concerns. Fowler: . The Hallmark store in the center will be delighted if the bank goes in because they would like to see more foot traffic. Brown: . He would like to see this go forward even though he is aware of past sensitivity to this area. Chair Guthrie: . He had no problem with the substitution of the bank for retail since it has been sitting vacant; on the traffic generation in terms of the entire project he did not think it would be a big enough issue to require another study at this time. When the last project goes in he would like to see further study for better solutions for the two driveways on Rancho Parkway. Victor Devens, Public Works, state the City has not yet accepted the improvements, as the developer has not yet fulfilled their obligations (provided "as built" drawings of all improvements), so if there is an adverse situation "the City has means to correct it. Commissioner Brown made a motion, seconded by Commissioner Arnold to recommend that City Council approve the Amended Conditional Use Permit Case No. 04-001 and adopt: RESOLUTION 04.1925 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDED CONDITIONAL USE PERMIT CASE NO. 04-001, APPLIED FOR BY WELLS FARGO BANK, LOCATED AT 911 RANCHO PARKWAY (FIVE CITIES SHOPPING CENTER, PHASE II) The motion was approved on the following roll call vote: AYES: Commissioners Brown, Arnold, Fowler, Keen and Chair Guthrie NOES: None ABSENT: None the foregoing Resolution was adopted this 4th day of May 2004. C. AMENDED CUP CASE NO. 04-002; APPLICANT. LDS CHURCH; LOCATION. 751 S. TRAFFIC WAY. Staff report prepared and presented by Planning Intern, Andrea Koch. Mr. Strong said this project has been withdrawn indefinitely. ~-------_'_"---"---'--"'-'-- _.--- NOTES A TT ACHMENT 5 SAC MEETING PAGE 2 March 31, 2004 Conditions: Community Development: . Add all storage locations to plans. . Provide at least one privately owned covered space per unit with the remaining parking designated for common ownership. Provision of additional private spaces could be determined by need, with people paying extra money to the homeowners' association to obtain more spaces. . Indicate which fifteen units will be deed-restricted to moderate-income residents. . Clearly delineate open space on the Map and provide a document showing of what this open space contains. Building and Fire: . Kelly Heffemon reported that Larry Schmidt sent a memo stating that applicant should obtain usual building permits. Public Works: . Provide more detail in CC&Rs about maintenance of on-site storm drainage system that is remaining private. . Provide a benchmark statement for the Tentative Tract Map. . Show contours on plans, as well as existing and proposed facilities (including water, sewer lines, storm drains, and trees). . Submit open space agreement with Map. . Show on Map offer of dedication for water and sewer lines, and show any other easements or offers of dedication. . Remove master water meter and replace it with an a" water main. Install multiple water meters. . If condominium plans are approved, PW will request plans for a Tract Map. . Pay all usual plan check fees, including map check fee. . Provide inspection agreement and subdivision improvement agreement. . Obtain all usual bonds (faithful performance, labor and materials, monumentation, 1- year, etc.). . Items requested by PW for the Tentative Tract Map need to be completed prior to deeming application complete. . If applicant is going to designate the common area as a separate lot, needs to show this on the map. Action: Need input from Parks, Recreation & Facilities Department and plan modifications as discussed at the SAC meeting before can deem the application complete and commit to an agenda for project review. B. AMENDED CONDITIONAL USE PERMIT 04-001; APPLICANT - WELLS FARGO BANK; LOCATION 911 RANCHO PARKWAY (PHASE II OF FIVE CITIES CENTER). Project Planner - Kelly Heffemon. Description: Construction of tenant improvements to an existing building. Use will be a full service bank owned and operated by Wells Fargo Bank. Issues: Applicant: . Plan to modify storefront for A TMs. ~----,_.-- --"-- -.-- NOTES SAC MEETING DRAFT PAGE 3 March 31, 2004 Community Development: . Discuss garbage requirements with property owner. This prevents the applicant from stating, after project approval, that parking spaces need to be used for a larger required dumpster. . Proposed signage will undergo review by the ARC. . City Council may be concerned that bank would occupy space that could be used for retail businesses, for which the complex was constructed. Applicant should find out what other retail construction is currently occurring in the vicinity to report to the City Council. . Staff has no problem with the bank occupying retail space, especially because the space has been vacant since construction of the complex. Building and Fire: . Kelly Heffernon reported that no written comments obtained from Building & Fire with regard to this project. Public Works: . Contact Investec regarding any questions about onsite utilities, such as water and sewer, because Investec is still the owner of these utilities. Police: . Installation of cameras at A TMs would improve security. Will these be installed? Applicant affirmed planned installation of cameras. Community Development/Police: . Is there sufficient lighting in the A TM area? Applicant.will have to assess cu"ent lighting sftuation. . Community Development wants adequate lighting, but not so it spills into the nearby residential area. Conditions: Community Development: . Ensure there is sufficient lighting at ATMs. Parking study required. Code Enforcement: . Discuss employee parking in the parking plan. Action: Once several more items are obtained from applicant, staff will review project and schedule it for Planning Commission and City Council review. The ARC will also review this project. C. PLANNED SIGN PROGRAM 04-001; APPLICANT - ROBERT ANDERSON; LOCATION - STATION WAY, VILLAGE CREEK PROMENADE. Project Planner- Jim Bergman. Description: Draft Planned Sign Program for Village Creek Promenade. Issues: Community Development A IT ACHMENT 6 ARC Notes Page 3 May 3,2004 B. ADMINISTRATIVE SIGN PERMIT ASP 04-008; APPLICANT - Wells Fargo Bank; REPRESENTATIVE - Susan Ambrosia; LOCATION- 911 Rancho Parkway The project was presented by Planning Associate, Kelly Heffemon. The project involves new signage for Wells Fargo Bank. The local Wells Fargo representative stopped by the department and he was in a time crunch due to a long drive home, but he shared some ideas. Wells Fargo is taking over two empty lease spaces next to Hallmark in the Five Cities Center. There are two "box" signs (not channel letters) that will go on west side and front of building. The logo signage on the glass doors is standard for all their banks. The representative said he would rather compromise on the signs than on the door logos. ARC had previously allowed another business in the center (Cingular) to have glass door sigriage (the Jumping Jack characte~). The ARC had the following comments and questions: . In the Village Creek Promenade, Natural Balance covered most of the door with signage, and the question was how much glass was still showing. With this, there's still a lot of open glass left. They are putting hours on one door sign and this provides balance (to have logos on both doors). . There also is some pedestrian traffic. . Although other signs on the building have channel letters, there are other "box" type signs in the Center. Also, these will be on the tower (some distance away from channel letter signs). A motion was made by Amy Miltenberger and seconded by Melanie Hodges to approve Administrative Sign Permit 04-008 as submitted. Motion approved: 4/0 voice vote. C. PLANNED SIGN PERMIT PSP 04-002; APPLICANT - Dave Tilsner Signs; LOCATION - Courtland and Grand The project was presented by Planning Associate, Kelly Heffemon. The project involves new signage for Longs. Last year, the Planning Commission approved the Planned Sign Program for the whole shopping center. One of the allowances was for Longs' sign to be a 10% increase (exception), so instead of the maximum 70 s.f., it would be 77 s.f. Longs now requests an increase in size to 117 s.f., but staff doesn't recommend approval, as there isn't an apparent necessity for a larger sign and it would set a precedent. ARC has denied other increases in the past. ------ -~-~- ATTACHMENT 7 CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 3 S.b. Consideration of Confirmation of Assessments. Recommended Action: 1) Adopt Resolution confirming landscaping assessments of forty dollars ($40) for all parcels within Tract 1158; and, 2) Adopt Resolution confirming landscaping and lighting assessments of one hundred dollars ($100) for all parcels within Tract 1769. Mayor Pro Tem Lubin moved to approve staffs recommendations, Council Member Dickens seconded, and the motion carried on the following roll-call vote: AYES: Lubin, Dickens, Ferrara NOES: None ABSENT: Runels, Costello 9. PUBLIC HEARING 9.a. Consideration of Amended Conditional Use Permit Case No. 04-001 to Allow Financial Institution to Occupy Building "J" of the Five Cities Shopping Center; 911 Rancho Parkway; Wells Fargo Bank. Associate Planner Heffernon presented the staff report md stated the Planning Commission recommended the Council adopt a Resolution approving the proposed project. She responded to questions from Council regarding future occupancy in Phase II, traffic generation figures, employee parking, automatic teller machine (A TM) lighting standards, loss of sales tax revenue, and overall parking impacts. Mayor Ferrara opened the pUblic hearing. Susan Ambrosia, Wells Fargo Bank Project Manager, stated this would be a traditional bank and responded to questions regarding employee parking, A TM lighting standards, the issue of sales tax revenue, and stated that banks typically locate in shopping centers and Wells Fargo would offer banking services for businesses located in the Five Cities Center. Dave Pintard, Investec, stated that the use would be an asset to the Center and stated retailers currently located in the Center supported a bank at this location. Craia Machado, Via Bandolero, stated that the project impacts his home; spoke about the existing excessive noise level at Trader Joe's; opposed any use that intensifies the traffic and noise levels; and stated he would like to see a new traffic study conducted and the noise issues addressed before approving this project. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello stated that Wells Fargo would probably be a good addition to the Center that would service the existing commercial facilities in the Center; however, there would be a trade-off with the loss of sales tax revenue. He stated the bank would draw customers to the existing retail stores in the Center. He expressed concerns about the project related traffic and its impact on Rancho Parkway, and stated that he would like to see a new traffic study before considering the project further. Council Member Dickens referred to the current projections for sales tax revenue and stated that a bank could be a benefit to the Center. He stated that he sees a bank as a better use in Phase --..- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 4 1 of the Center due to the traffic and parking problems the use would create in Phase 2. He stated that there was a need to conduct a traffic analysis and that he was not prepared to make a decision until further information was received. Mayor Pro Tem Lubin stated that Wells Fargo would not be a high volume bank; commented that the A TM lighting issue was based on State regulations; commented that the building proposed for occupancy bYlWells Fargo has been vacant for more than five years; said he did not want to assume that this use would impact Pad I; and that the existing parking was adequate. With regard to the noise factor, he agreed that there were ordinances in place to address high noise level impacts and that these issues should be referred to the Police Department or City Manager. In response to questions regarding past and current sales tax revenue projections, City Manager Adams reported the figures provided by the Financial Services Director for fiscal years 2002-03 and 2003-04. Mayor Pro Tem Lubin acknowledged that traffic issues exist and stated that the issue was whether a bank would benefit the City. He said the bank would benefit the City in this location, on this side of the freeway. He commented that the traffic generation and parking impacts would be the same or less compared to any retail use. Mayor Ferrara stated that a bank would be more suitably located in other locations within Phase 1 of the Center and not at the proposed location in Phase 2. He spoke about the traffic problems and impacts going across Rancho Parkway from Phase 1 to Phase 2. He suggested that Investec talk to Wal-Mart representatives for locating a bank in Phase 1 in the empty space next to Wal-Mart. He said there was a need for low intensity uses in Phase 2. He also requested that an expanded traffic study be conducted for the entire Center that included driveway counts at peak periods. Council Member Costello moved that consideration of Amended Conditional Use Permit Case No. 04-001 to allow a financial institution to occupy Building J of the Five Cities Shopping Center; 911 Rancho Parkway, Wells Fargo Bank be postponed to a date uncertain until such time a traffic study is conducted of conditions on Rancho Parkway and W. Branch Street that takes into consideration impacts from the proposed project. Council Member Dickens seconded the motion, and requested further discussion. He stated he had concerns with parking and stated he would like to see the traffic analysis for Phase II include assumptions for Pad I, as well as include parking assumptions for Pad J. Council Member Costello agreed to amend his motion to include a review of traffic and parking issues based upon a plan for the entire Phase II site, including proposed modifications to Pad I. Council Member Dickens seconded the amended motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Ferrara NOES: Lubin ABSENT: Runels There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. -.-.---- -~ A TT ACHMENT 8 CITY COUNCIL MINUTES OCTOBER 26, 2004 PAGE 3 8.k. Consideration of Acceptance of the Fire Station Expansion Project, PW 2003-05. Action: 1) kcepted the project improvements, as constructed by DJM/Borbon, a Joint Venture, in accordance with the plans and specifications for the Fire Station Expansion Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of retention thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.e. Consideration of Resolution Supporting Legislation Amending the Americans With Disabilities Act to Require Notice Prior to Filing Legal Action. Recommended Action: Adopt Resolution supporting legislation that would amend the Americans with Disabilities Act to require notice prior to filing a lawsuit. Council Member Costello referred to the Americans With Disabilities Act and stated it was intended to protect people's rights in employment and transportation, and to provide equal access to services. He commented that the Act is good law, and it has a purpose to provide equal access to all people who have disabilities. He felt that most businesses desire to be in compliance with the law and to provide access to people with disabilities. He stated that when notified of non-compliance, he felt that most businesses would make a g~nuine effort to comply. He favored legislation that would provide a grace period for businesses upon notification of non- compliance. He stated the proposed legislation was a legitimate and reasonable approach to solving. the problem. He stressed the importance of educating the community and businesses that they are liable and will have to comply with the Act. He supported all efforts the City could take to help educate the community and to facilitate compliance with the ADA. Council Member Costello moved to adopt a Resolution supporting legislation that would amend the Americans with Disabilities Act to require notice prior to filing a lawsuit. Council Member Runels seconded the motion, and on the following roll call vote: AYES: Cos.tello, Runels, Dickens, Lubin, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 9. PUBLIC HEARING 9.a. Consideration of Amended Conditional Use Permit (ACUP) 04-001 to Allow a Financial Institution to Occupy Building J of the Five Cities Shopping Center; 911 Rancho Parkway; Well Fargo Bank. Community Development Director Strong presented the staff report and recommended the Council adopt a Resolution approving Amended Conditional Use Permit 04-001. Director Strong responded to questions from Council regarding the original traffic study for the Five Cities Center; and clarification of the Council's previous direction regarding the request for a comprehensive traffic study, including a parking analysis. Mayor Ferrara opened the public hearing. -- CITY COUNCIL MINUTES OCTOBER 26, 2004 PAGE 4 David Pintard, Director of Leasing, representing Investec Real Estate Companies, stated the Planning Commission gave unanimous approval to this project on May 4, 2004. He gave an overview of the City Council's review of the project on May 25, 2004 and stated the question was raised whether a bank would generate an equal or greater amount of traffic than the allowed retail use. He stated that Investec paid the City approximately $2,000 to complete a traffic study. Mr. Pintard stated that the report concluded that the current project trip generation with the addition of a Wells Fargo Bank located in an existing 4,500 square foot space would not significantly alter the overall trip generation from what was originally projected, and actually appears to be less. Mr. Pintard provided additional comments regarding parking, traffic, and noise impacts and spoke regarding the overall benefits of locating a bank in Phase II. Luis Rustia, representing Wells Fargo Bank Corporate Real Estate, noted that Wells Fargo plans to hire 10-15 people in the community; believes that the traffic report shows a negative impact to the Center and its effects are minimal; Wells Fargo prefers to be at this location to serve its customer needs and it is an excellent site. He commented that Wells Fargo wants to te in Arroyo Grande; however, time is an issue and if there is a delay, they may need to move on to another community. Mark Carella, Central Coast District Manager for Wells Fargo Bank, stated that this Five Cities Center was the best area to serve their customers. He reviewed the proposed hours of operation and stated they would not compete with other businesses in the Center. He addressed the trip generation findings and stated that some of the trends in the banking business show that over the counter transactions have been reduced by 40% in the last five years based on doing business over the intemet, phone banking, and direct deposits. He stated that foot traffic would continue to be on the decline. Steve Ross, Arroyo Grande, stated he was a long time Wells Fargo Bank customer and he commented that having a bank on the east side of the freeway would lessen the impact of traffic going through Brisco Road to Grand Avenue to get to the west side of the City. He spoke in support of the proposal. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Dickens acknowledged that there was an empty retail space available; however, there were unknowns with regard to the future size of Pad "I", the site configuration, and how the parking and traffic generation impacts are going to affect Phase II of the Five Cities Center. He referred to existing traffic impacts due to the success of the Center. He stated he would like to see actual traffic counts, and how the configuration of Pad "I" is going to affect and interact with the proposed bank configuration. He felt that not enough information was available with regard to traffic and parking at this time to make good decisions and that a more comprehensive approach needed to be taken to review Phase II in its entirety. He stated he could not move forward with approval until adequate information is provided, as previously requested by the Council. Council Member Costello acknowledged that the Amended Conditional Use Permit application was to allow a use that is not permitted at this location. He spoke about economic impacts, and stated that the Center was designed to be a retail center. He stated he would like to go back and review the Environmental Impact Report (EIR) for the shopping center. He expressed concem about not knowing what the actual traffic counts are as opposed to what was projected. He acknowledged the existing impacts to the intersections that are greater than what was anticipated. He said he needed more adequate data to evaluate and that there was a need to --- CITY COUNCIL MINUTES OCTOBER 26, 2004 PAGE 5 evaluate the intersection impacts. He stated he was not prepared to move forward at this time until more information was provided. Council Member Runels stated that the original approval was for a retail center; however, he acknowledged that a bank would soften the use and generate less traffic than retail use. He also acknowledged that there were traffic problems in this area that needed to be mitigated; however, he preferred a retail use rather than a bank so he could not support the proposal. Mayor Pro Tem Lubin observed that there were numerous retail uses that were not permitted; however, there were numerous retail uses that were permitted that could be established without any approval process, regardless of their traffic generation. He commented that this proposal was not a freestanding bank and it would not generate as much traffic. He spoke about technology advances and agreed that lobby traffic will continue to decrease. He stated he did not believe traffic was an issue. He stated this was an opportunity to reduce the traffic impact and to fill a space that has been vacant for almost five years. He referred to AG Edwards, which is a non-traffic generator. He said it was important to recognize from an economic standpoint that there are vacancies in all centers in the City and to acknowledge the impacts to existing businesses if buildings remain vacant. He supported moving forward and approving the proposal. He further commented that when a plan for Pad "I" is developed, there will be an opportunity to do a comprehensive traffic study and review all of the impactS at that time. Mayor Ferrara stated that the two issues were traffic and economics. He recalled that the previous direction from the Council in May was for the completion of a comprehensive traffic study. He stated this could have been done by now and would have provided the Council with information that was needed in order to make an informed decision and instead the Council received a much briefer version of the traffic study that did not address the issues. He referred back to the original action the Council took when the Center was approved and stated the Council at that time recognized that traffic would be a significant issue in and around the Center. He stated that the Council decision had required a Statement of Overriding Considerations to accept adverse traffic impacts for economic benefits. He stated that it was unknown whether traffic projections have been exceeded. He further addressed potential traffic mitigation needed for traffic control across Rancho Parkway. He stated that he would like to have Wells Fargo in Arroyo Grande and commented that discussion had been held at the previous meeting about the potential for locating in Phase 1. He questioned why Phase II has been empty all this time and suggested there could be other factors such as lease costs. He concluded by stating that he hoped that Wells Fargo would locate in Arroyo Grande and wait for a comprehensive traffic study to be conducted. He said he was not prepared to support the proposal at this time. Council Member Dickens moved to defer action and refer the application back to the Planning Commission for further study and recommendation concurrent with Pad "I" configuration after a complete traffic study is provided. Council Member Costello seconded the motion, and on the following roll-call vote: AYES: Dickens, Costello, Runels, Ferrara NOES: Lubin ABSENT: None There being 4 A YES and 1 NO, the motion is hereby declared to be passed. I I ----- ~--_,_---'._-" ~- .~ 9.b. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will conduct a Public Hearing on TUESDAY, FEBRUARY 8, 2005 at 7:00 p.m. in the Arroyo Grande City Council Chambers, 215 E. Branch Street, Arroyo Grande, to consider the following item: CASE NO: Development Code Amendment 04-006 PROPOSAL: Consideration of a proposed Ordinance amending the Zoning Map to clarify recently adopted zoning provisions to ensure consistency with the General Plan. LOCATION: Citywide: including parcels in the vicinity of E. Grand Avenue, E. Branch Street and Traffic Way as shown on the attached map ENVIRONMENTAL DETERMINATION: Exempt pursuant to Section 15061 of the Guidelines of the California Environmental Quality Act (CEQA) REPRESENTATIVE: Teresa McClish, Associate Planner Information relating to this proposal is available at the Community Development Department, located at 214 E. Branch Street, Arroyo Grande, California, or by telephone at (805) 473- 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 Community Development Department before the Planning Commission '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 raisjng only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the action of the legislative body for which the notice was given. , </flio'J!-/ , City Clerk Publish 1T, 1/8 page, The Tribune, Friday January 28,2005 .~ L- MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG ~ COMMUNITY DEVELOPMENT DIRECTO . . BY: TERESA MCCLIS~ ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 04- 006: PROPOSED ORDINANCE AMENDING THE ZONING MAP TO REZONE CERTAIN PROPERTIES FOR CONSISTENCY WITH THE GENERAL PLAN DATE: FEBRUARY 8, 2005 RECOMMENDATION: The Planning Commission recommends the Council introduce for first reading an ordinance entitled: "An Ordinance of the City Council of the City of Arroyo Grande amending the zoning map to rezone certain properties for consistency with the General Plan (Development Code Amendment 04-006)". FUNDING: No fiscal impact. DISCUSSION: The proposal is a clean-up Ordinance to correct and clarify zoning designatio.ns for certain properties that are included in districts that were recently revised as part of a comprehensive update to the Development Code to ensure consistency with the 2001 General Plan. Districts that were recently revised include all of the commercial and mixed use districts in the City. The Planning Commission approved a Resolution on January 4, 2005 (Attachment 1) recommending the City Council adopt the proposed Ordinance. Exhibit "A" to the proposed Ordinance includes a map of the proposed zoning designations. Below is the map showing property locations with a table summarizing the proposed changes. I r ! CITY COUNCIL DEVELOPMENT CODE AMENDMENT 04-006 FEBRUARY 8, 2004 PAGE 2 OF 4 1 Peace 244 Oak Park GC -.PF Designated Community Facilities Lutheran 077-070-027 (CF)-Church on General Plan Church Land Use map; GC zoning repealed; current use is church 2 First United 275 N. Halcyon GC -. PF Designated CF-Church on Methodist Rd. General Plan Land Use map; GC Church 077-111-021 zoning repealed; current use is church 3 Lambert 144 Alder St. GC -. FOMU Mislabeled on Exhibit A to Amanda 077-221-017 Ordinance 557; GC zoning W.TR repealed 4 Lessi 145, 147, 149 GC-. FOMU Mislabeled on Exhibit A to Living TR Alder St. Ordinance 557; GC zoning 077-223-012 repealed 5 Charles 428 Alder St. GC-. FOMU Mislabeled on Exhibit A to Baker 077-223-064 Ordinance 557; GC zoning repealed I j ! I I I S:\COMMUNlTY _DEVELOPMEN1\PROJECTS\SPECIAL\DEV _CODE_ UPDA TE\Clean Up\CC Sf 020805.doc ~~._,,---_.~._--~-_..__...- CITY COUNCIL DEVELOPMENT CODE AMENDMENT 04-006 FEBRUARY 8, 2004 PAGE 3 OF 4 Designated SF-Medium Density on General Plan Land Use Map; GC zoning repealed; current use is residential 7 LAN- 251 Traffic Way HC -+ HMU Mislabeled on Exhibit A to VESTED Ordinance 557; HC zoning Securities repealed 8 Equilon 222 W. Branch HC -+ HMU Mislabeled on Exhibit A to Enterprises St. Ordinance 557; HC zoning 007-188-001 repealed 9 Cynthia 129 E. Cherry GC -+ SF Designated SF-Medium Density Steen on General Plan Land Use map; GC zoning repealed; current use is residential 10 City of Parking lot VC -+ PF Designated CF-Public Facility on Arroyo General Plan Land Use; VC Grande zoning repealed; current use is public facility 11 City of City Hall SR -+ PF Designated CF-Public Facility on Arroyo General Plan Land Use; current Grande use is public facility (City Hall) *GC= General Commercial (repealed) PF = Public Facilities FOMU = Fair Oaks Mixed Use SF = Single Family Highway Commercial (repealed) HMU = Highway Mixed Use VC = Village Commercial (repealed) SR = Senior Residential Staff is in the process of preparing the last phase of amendments to Title 16 of the Municipal Code completing the Development Code update. Forthcoming proposals will include additional clean up text amendments and modifications to the City's residential and public facility districts to satisfy General Plan policies. Public Comment On December 22, 2004, and January 28, 2005, nine notices were mailed out to owners of properties affected by the proposed amendment and the proposal was noticed with a display ad in The Tribune. Environmental Determination Staff has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and Procedures for Implementation of CEQA. Based on the review, staff has determined S:\COMMUNlTY _DEVELOPMENT\PROJECTS\SPECIAL\DEV _CODE_ UPDATE\Clean Up\CC Sf 020805.doc --._- --___... __"._n '____ CITY COUNCIL DEVELOPMENT CODE AMENDMENT 04-006 FEBRUARY 8, 2004 PAGE 4 OF 4 that the proposed project is Categorically Exempt per Section 15061 (b)(3) of the CEQA Guidelines. ALTERNATIVES: The following alternatives are presented .for Council consideration: 1. Modify the Planning Commission's recommendation; or 2. Provide other direction to staff. Attachments: 1. Planning Commission Draft minutes and Resolution S:\COMMUNITY_DEVELOPMEN1\PROJECTS\SPECIAL\DEV _CODE_UPDATE\Clean Up\CC sr 020805.doc -- ~- _.._-~~-- ----- - ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP TO REZONE CERTAIN PROPERTIES FOR CONSISTENCY WITH THE GENERAL PLAN (DEVELOPMENT CODE AMENDMENT 04-006) WHEREAS, the City Council adopted the updated General Plan which became effective October 9, 2001 and requires a comprehensive review and necessary revisions to the Development Code and Zoning Map for consistency in accordance with Government Code Section 65860; and WHEREAS, the City has a responsibility to assure adherence to the General Plan in meeting the needs and desires of the residents and the community; and WHEREAS, the Planning Commission of the City of Arroyo Grande considered Development Code Amendment 04-006 at a duly noticed public hearing on January 4, 2005 in accordance with the Development Code of the City of Arroyo Grande and recommended approval to the City Council; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearings, Planning Commission recommendations, staff reports, and all other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the. following circumstances exist: A. The proposed changes to the Zoning Map are clarifications necessary for consistency with the goals, objectives, policies and programs of the General Plan, and are necessary and desirable to implement the provisions of the General Plan. B. The proposed changes to the Zoning Map implement the designations . of the General Plan Land Use Map and will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed changes to the Zoning Map are consistent with the purpose and intent of Title 16. D. The proposed change of zones and revisions to Title 16 are exempt from the California Environmental Quality Act (CEQA) as specified under Section 15061 (b)(3) of the CEQA Guidelines. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as follows: SECTION 1: The above recitals and findings are true and correct. SECTION 2: Arroyo Grande Municipal Code Section 16.24.020 (Zoning Map) is hereby amended as shown in Exhibit "A" attached hereto and incorporated herein by reference. ---,~._._- ORDINANCE NO. PAGE 2 SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 4: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 5: This Ordinance shall take effect thirty (30) days after its adoption. On motion by Council Member , seconded by Council Member , and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of ORDINANCE NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY ~----- ___w_._____..___.__....__~__ , ,''<.v~~;'X/cX'\J~\ yo;i. :~r ~.~ \\1' 'fX'.' )\ <~ ..C 1-1 ~ ... ~ t/),:,r~ ~ f ~\.' ......' .,/ GI, ._])iI,,:,\~ 'f. .",~'..f~ \ ^ '!r , OJ ,/!~ ' ~ \'~ JJ1/l!':, f i ~ ::> ~~; .\(\(~ ",":,\,;,\. ;\~ \ 'f' , '{ s::. 0 ~ LJ.. LJ.. IP' .;;~ . ~ 25> ~..... ~ ~\ ' "", 0 LJ.. J: a. (j) :~~.~ " .2 /"". \:;'\:: ~\/:\" \ ' _\ , ,s if ,"< ", ) ~ \\. '\.) ~ \~- ':-.':'; '~':')\,\'/ '. \' ~~i;, l ~ ~7..-, L i ~~~' /~ :~\~ :;. II _ ..... ~ ~i/ ;,1, ',', ~ f.t i~~ i" ..;f.f .. \f" ....~' .,~.. ~.. !' ~ "~ ,J , ' , .l / ftT { ~. / . ~i'i. /' f;~ ,I;' iff. f<(i~ ,f . 11"'1"'. /' , ., l\'i:,;; I- \,,~ ...~ . .. ~>'l1;~\-'i, ~ \.\::J.-.. I / \\\.~~" '-'. ~'< 'h ~ .:.;. ~f~ ,J 1iY'. _I I, '.. P\~~ i i 'I,: ':~' i ! . ,. ,J .J. 1--1 ,. r<: u its i.'S,~ "f~ ,t. '. r .., ! , ...- .. - ~\ - \. ..... ... '- , ,'-:-. ~/<",...., .,"'. \,.; :\-'''- . :: : ;' , -' _ ~"'~-. .i I J I I, I _ , /, j , , ! i ",",' ==: r.J ,. I" liLrJ .t ":j\{~~:f. 'r' . "'- . "'.. ,. i" .. ~ "~:T::;iri .,") ,./\ f/ - .l!i I" ...... --.. if ~./ 7f;;li if ~ 1. ',~ rc . .!/ -'. c--- t:: l"'~ 8-" , - ; ;'. .:/1(: i' i Ifl lo~~ '" I I . in--' c/J I /t= r t-! i n'lflj 71:': tr;..1 r-rF ~tj r::". .' "f:' ~ ?; l ! i ! ' ' F:: 'Tr > , ~ i i . ,. ;. ).. ,.. I I.!J .' . 1 I~? :i I " +[' , '. .-', -'--.",-.-. - -- (: i i! ~ . . I . I ~1; ....~i-L! tj.J ..".. I ....... C},::I ,., 'T .". 'sl.. .....1/1. ! ~I .... .:, ,....1 ~ ", , rtt~'i"" '.71, ... I "~\\\, -I.. ....... ..... ,.~i, ", {)\ ....~;) ...~ ~:Ht.cl ',IL '.'n i/LUi\' ,\'\1. I ' '7 ... ..i.' ...:..i lieF" '.. ~... tA.~ r "L, 'r~-!- ". ! ., r _I rT '. (' I: ..'-1 ! i ! 11ill.i, ;. .~~.~' I' I, ....-:!':l .,j ,i~) , Ii " \ i i 'In j "" I. /, iT i _1 I..... 'j, ..,,", ......---- : -r~ r-tif.-' ! -. ........,-.,.._'_+.i "'L,~ -- . - --....- ------ _n MINUTES PLANNING COMMISSION ATTACHMENT 1 JANUARY 4, 2005 III. PUBLIC HEARING ITEMS: A. DEVELOPMENT CODE AMENDMENT CASE NO. 04-006; APPLICANT - CITY OF ARROYO GRANDE; LOCATION - CITYWIDE (Continued from Dec 7, 2004). Ms. McClish presented the staff report to consider a clean-up ordinance to correct and clarify zoning designations for certain properties that were included in districts recently revised (part of a comprehensive update to the Development Code) to ensure consistency with the 2001 General Plan. Districts that were recently revised included all of the commercial and mixed use districts in the City. The Commission asked for clarifications on the zone changes, but had no concerns; they thanked staff for all their hard work on the Development Code Amendments. Vice Chair Brown opened the public hearing, and upon hearing no public comments, he closed the public hearing. Commissioner Keen made a motion, seconded by Commissioner Parker, to recommend that the City Council adopt Development Code Amendment 04-006 to amend the Zoning Map and adopt: RESOLUTION NO. 05-1947 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL ADOPT DEVELOPMENT CODE AMENDMENT CASE NO. 04-006 RELATING TO MISCELLANEOUS CLEAN-UP REVISIONS AMENDING THE ZONING MAP TO REZONE CERTAIN PROPERTIES FOR CONSISTENCY WITH THE GENERAL PLAN The motion was approved on the following roll call vote: AYES: Commissioners Keen, Parker, Brown and Tait NOES: None ABSENT: None the foregoing Resolution was adopted this 4th day of January B. PLOT PLAN REVIEW CASE NO. ; APPLICANT - WAL-MART STORES, INC; LOCATION - 1168 BRANCH STREET. Staff report prepared and presented by Assis anner, Jim Bergman. Mr. Bergman pre a the staff report to review the addition of a walk-in freezer and cooler to rear of Wal-Mart (inside the screened loading/storage area, built by ~ to aleviate neighborhood complaints) explaining that at the December 7,2004 eting, the Planning Commission requested Plot Plan Review 04-009 be scheduled for Public Hearing at the January 4, 2005 meeting. Staff reviewed the proposed -- -_._--~- RESOLUTION NO. 05-1947 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL ADOPT DEVELOPMENT CODE AMENDMENT 04.006 RELATING TO MISCELLANEOUS CLEAN-UP REVISIONS AMENDING THE ZONING MAP TO REZONE CERTAIN PROPERTIES FOR CONSISTENCY WITH THE GENERAL PLAN " WHEREAS, the City Council adopted the City of Arroyo Grande Development Code and revised zoning map, which became effective June 13, 1991, and indicated that modifications to the Development Code may occur to refine the document; and WHEREAS, the City Council of Arroyo Grande adopted the updated General Plan on which became effective on October 9,2001 and requires a comprehensive review and necessary revisions to the Development Code and zoning map for consistency in accordance with Government Code Section 65860; and WHEREAS, The City has a responsibility to assure adherence to the General Plan meeting the needs and desires of the residents and the community; and WHEREAS, the City Council has approved three Development Code Amendments (Ordinances 544,552 and 557) in 2002, 2003 and 2004 to ensure consistency with the General Plan at duly noticed public hearings in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Development Code Amendment 04-006 at a duly noticed public hearing on January 4, .2005 in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were" given the opportunity to be heard; and WHEREAS, the Planning Commission has determined that the following Development Code Amendment findings can be made in an affirmative manner: A. The proposed changes to the Zoning Map are clarifications necessary for consistency with the goals, objectives, policies and programs of the general plan, and are necessary and desirable to implement the provisions of the General Plan. B. The proposed changes to the Zoning Map implement the designations of the General Plan Land Use Map and will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. - -.-.-------- RESOLUTION NO. 05-1947 PAGE 2 C. The proposed changes to the Zoning Map are consistent with the purpose and intent of Title 16. D. The proposed change of zones and revisions to Title 16 are exempt from the California Environmental Quality Act (CEQA) as specified under Section 15061 (b)(3) of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council approve Development Code Amendment 04-006 with the above findings and as set forth in the Ordinance attached hereto and incorporated herein by this reference. On motion by Commissioner Keen, seconded by Commissioner Parker, and by the following roll call vote, to wit: AYES: Commissioners Keen, Parker, Brown and Tait NOES: None ABSENT: None the foregoing Resolution was adopted this 4th day of January 2005. ATTEST: L YN REARDON-SMITH TIM BROWN, VICE CHAIR SECRETARY TO THE COMMISSION ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR ~. 11.a. MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR BY: RYAN FOSTER, ASSISTANT PLANNER~ SUBJECT: REVIEW AND COMMENT ON PRE-APPLICATION 04-017; REVISION TO PAD "I" IN THE FIVE CITIES CENTER DATE: FEBRUARY 8, 2005 RECOMMENDATION: It is recommended the City Council review and comment on the proposed project. FUNDING: No fiscal impact. DISCUSSION: Proiect Description The proposed project involves a change to building pad "I", located to the north of the Trader Joe's I Baja Fresh parking lot. The original Five Cities Center Conditional Use Permit (CUP) included one (1) 36,000 s.f. building on building pad "I"; the applicant proposes to construct two (2) smaller buildings totaling 33,200 square-feet. Petco' is being pursued as an anchor for the smaller of the two buildings, and the other building would consist of multiple smaller tenants. This revision would require alteration of the existing parking lot and internal circulation. The proposed project also includes new signage consisting of two (2) new monument signs and one (1) new "freeway" sign located on the southeastern comer of the proposed Petco building, which would be integrated into a tower element of the building. These proposed signs would require an amendment to the Five Cities Center Planned Sign Program. Architectural Review The Architectural Review Committee (ARC) reviewed this project at its meeting of November 1, 2004 (Attachment 2). The Committee supported both the proposed changes to building pad "I" and the planned sign program, with the suggestion that the rear of the new Petco building include more architectural details and landscape interest. Plannina Commission Review The Planning Commission reviewed this project at its meeting of January 4, 2005 (Attachment 3). The Commission was generally in favor of the concept, although some S:\COMMUNITY _DEVELOPMENT\PROJECTS\PRE\04-017\PRE_04-017 _CC_RPT.doc -- -------.- -- CITY COUNCIL PRE 04-D17 FEBRUARY 8, 2005 PAGE 2 OF 2 commissioners expressed concern over a possible lack of parking and the proposed revision to the Five Cities Center Planned Sign Program (PSP). Traffic Impacts A recent traffic impact study (TIS) prepared,in part, for this project has identified several intersections in the vicinity of the proposed project that are currently operating below level of service (LOS) "C" (Attachment 4). Any new development, whether the proposed change to building pad "I" or the original building pad "I" will further impact these intersections and an appropriate environmental determination will have to be made once a formal development application is filed. Attachments: 1. Concept plans 2. Architectural Review Committee meeting notes from November 1, 2004 3. Planning Commission meeting minutes from January 4, 2005 4. Draft Five Cities Center Expansion Traffic Impact Study S:\COMMUNITY _DEVELOPMENT\PROJECTS\PRE\04-017\PRE_04-017 _CC_RPT.doc ----- Attachment 1 Full size blueprints under separate cover -- -- -------- Attachment 2 F. PRE-APPLICATION PRE 04..Q17; APPLICANT - Paul Poirier; LOCATION - 911 Rancho Parkway The project was presented by Ryan Foster. The applicant is moving to replace building pad 'I', and construct two buildings (instead of one large one). It would have roughly the same square footage Oust a little less), but it will have different massing. It will accommodate a drive-through for Wells Fargo if it passes. Also, it will require an amendment to the Planned Sign Program, since Petco wants a tower element with a sign facing towards the 101 freeway. As far as elevations, it basically matches the existing designs in the center. Paul Porier and Joel Jennings (architects) were present, along with Dave Pintard (Investec). Mr. Poirier noted that originally, the building was 36,000 sf, and they're now proposing 33,200 sf. One potential tenant is Petco, who has requested a smaller size building and freeway visibility. The nearby houses won't be able to see the signage and it's better than having it on the back of the building. They're proposing some new monument signs in concept (no drawings available) to list tenants. Dave Pintard's concept for leasing is to have smaller tenants, with more of a local mix. The existing buildings have problems with swallows, so rather than continue that architectural style, they have picked up outlying buildings (this will look more like Trader Joes' and AG Edwards). o Joel Jennings shared some plans. They may need to fine tune the sign program, since the buildings are different than originally planned. On massing, wanted to pick up rhythm of buildings and close loop. Picked up tower element. Matching palette of AG Edwards building such as roof tile, stucco color, and burgundy awning. On equipment screening, they don't have HV AC unit sizes yet, but want to place them on the roof. They would put up screen walls that blend in with the exterior stucco. (Hoag noted the rooftop screening on Marshall's wasn't successful and warned against similar efforts.) In response to a question about noise from the rooftop, Mr. Jennings answered, 'What you can't see, you can't hear." Smaller tenants won't have noise problems like a large one might, and the parapets will help mitigate noise. The pedestrian experience should be nicer along the front of the store, because it won't be head-in parking and there will be less space for pedestrians to cross. They will engage a landscape architect shortly and plan to use similar plants to what's already there. They plan to create a visual buffer, while not blocking the view-probably with medium to large size shrubs. The ARC had the following comments and questions: . Please review truck loading. Their theory is that drivers can back in and be able to get out. They can do storefront deliveries as well. . Who are possible tenants? Dave Pintard noted Council wants more of a community area, to include uses such as office or real estate to de-intensify the area. _.-- 0 Chair Hoag recalled this was originally to be a main anchor like Borders or Circuit City, so this is a different concept split into two buildings. Mr. Pintard noted the cleaners and Cellular One would be in better located here. . Is the landscape architect local? Yes, it's Steve Caminetti from SLO. 0 Make sure plants are suited to the local coastal climate. o The dirt needs lots of amendments for plants to do well. . Chair Hoag noted historically, some of the biggest debates were over signs on backs of buildings facing the freeway (specifically Trader Joe's). Since Trader Joe's took up the whole building, ARC recommended approval as an anchor, but didn't want it to be a precedent for Baja Fresh, Hallmark, Cold Stone, etc. to each have their own. He suggested they could rate Petco as the second major tenant of this center, which would merit special considerations similar to Trader Joe's. There's about six seconds of visibility from the 101, which is a reasonable viewshed to capture per Chair Hoag. . Discussion on monument sign on West Branch at comer: They had proposed something higher originally for the center, but it was deleted at Council level. This would be East of Rancho Parkway. Are they planning something tall enough to be seen from the highway or just from Branch? Mr. Pintard wants a sign almost identical to what's at the theater. Other tenants (besides Petco) would not have any exposure. This would only announce Phase 2 of the center, but they need to review documentation of leases. 0 Monument sign at north end of horseshoe street is also justified. 0 Melanie Hodges and Amy Miltenberger approve of the sign on the back of the tower, and like this better than what was previously approved. . Chuck noted the back of the building doesn't have much architectural detail. There are espaliers on back. Also there's a structure for a trash enclosure. 0 Chair Hoag suggested periodic inserts/columns that could be frames for trellises. . Applicant asked about colors. They used what was already there for easy approval, but would like different colorS for more client id - maybe different shading. 0 Chuck Fellows likes different looks for several different buildings for several different tenants. . In summary, ARC likes the project, they're okay with the Petco sign and tower, they want more structural and planting interest on the back of both the large building and multi-tenant building, and lighting is critical with residential neighborhood. o Amy Miltenberger is fine with parking and would like to see it stay. Parking as it is today is difficult, and this would be a great improvement. o Jamie Ohler commented the sign and tower element are fine. Stronger colors wouldn't be a bad thing. 0 Chair Hoag wouldn't want radically different colors, but it would be okay to do something different. No action was taken on this item, as it was a Pre-Application only. - - Attachment 3 B. PRE-APPLICATION REVIEW 04-017; APPLICANT - PAUL POIRIER; LOCATION - 911 RANCHO PARKWAY. Staff report prepared and presented by Assistant Planner, Ryan Foster. Assistant Planner, Ryan Foster presented the staff report for amendments to Five Cities Center Conditional Use Permit to revise building pad 'I'. The revisions would include: . Change from one 36,000 sq. ft. building to two smaller buildings totaling 33,200 sq. ft; . Alteration of the existing parking lot and internal circulation; and . Amendment to the Five Cities Planned Sign Program. The applicant Paul Porier and the architect Joel Jennings gave a presentation of the proposal. The Commission stated their approval of the landscaping; concern with the lack of parking near Trader Joes. Commissioner Parker stated she had done a survey with some of the other businesses in this center and befieved there would be insufficient parking for Petco customers. There was disagreement with some of the proposed freeway signage for Petco and concern for the intent of the original Five Cities Planned Sign Program. Seeing some members of the public present, Vice Chair Brown opened the public hearing for public comment. Ruth Jessop, neighbor, stated liked the proposal, but had grave concern with the traffic situation; like the "idea of a signal; concern with Trader Joes employees being present at 3:00 am, Upon hearing no further public comment, Vice Chair Brown closed the public hearing to public comment. Upon conclusion of Commission comments, Vice Chair Brown ensured that the applicant had received sufficient comment. There was no formal action on this item. - -_...,,------- -----~ -'-~._-- City of Arroyo Grande - Five Cities Shopping Center , Expansion Traffic Impact Study Draft Report #2 " Prepared for the City of Arroyo Grande , Prepared By omni. mru@@[fU~ E N GIN E E R S. P l ANN E R S I ---J -~~--_.- CITY OF ARROYO GRANDE- FIVE CITIES SHOPPING CENTER EXPANSION TRAFFIC IMP ACT STUDY DRAFT REPORT #2 Prepared For: CITY OF ARROYO GRANDE Prepared By OMNI-MEANS, LTD. ENGINEERS & PLANNERS 943 Reserve Drive, Suite 100 Roseville, California 95678 (916) 782-8688 January 2005 25-1275-08 RECEIVED (R833TS002.DOC) t- t.d 0 1 Z005 cnv OF ARROYO GRANDE COMMUNRV DEVELOPMENT ~-~ --- -~---~-- TABLE OF CONTENTS INTRODUCTION............................ ............................ ............ ............ ..... ......... ........................................... 1 EXISTING TRAFFIC VOLUMES ...............................................................................................................3 LEVEL OF SERVICE METHODOLOGIESIPOLICIES........ ........ ..... ...... ................... ........................ .......7 EXISTING TRAFFIC OPERATIONS .............. ........ ......... ..... .......... ....... ................... ........ ....................... 11 APPROVEDIPENDING PROJECTS.. .... ...................... ...... ............ ......... ..................................... ............. 13 SHORT TERM NO PROJECT TRAFFIC OPERATIONS ........................................................................18 SHORT TERM PLUS PROJECT CONDITIONS ...................................................................................... 21 PROJECT DESCRIPTION ................ ...... ........ .... .................... ..... ... ......... .... .......... .._.. .., ............. ... ...........21 PROJECT TRIP GENERATION....... ..................... .......... ........... ......... ....... ........... .... ..... ................... ........ 21 PROJECT TRIP DISTRIBUTION AND ASSIGNMENT .........................................................................25 SHORT TERM PLUS PROJECT TRAFFIC OPERATIONS ....................................................................28 CUMULATNE BASE CONDITIONS ......................................................................................................30 CUMULATNE BASE NO PROJECT TRAFFIC OPERATIONS ...........................................................32 CUMULATNE BASE PLUS PROJECT TRAFFIC OPERATIONS........................................................33 RECOMMENDED CIRCULATION IMPROVEMENTS........ ....:.......... ...... ............. ......................... ...... 35 LIST OF FIGURES F" 1 Pr. V".' M ' 19ure - oJect lClDlty ap ....... .... ...................... ................ ............... .............. ....... ........... .... ................ 2 Figure 2 - Existing Intersection Lane Geometrics and Control..........................'..........................................5 Figure 3 - Existing Peak Hour Intersection and Daily Roadway Traffic Volumes ......................................6 Figure 4 - Approved/Pending Project Sites ................. ....... .................................... .............. ............. ..... .... 16 Figure 5 - Short Term No Project Peak Hour Traffic Volumes.................................................................. 19 Figure 6A - Proposed Project Site Plan ...................................................................................................... 22 Figure 6B - Proposed Project Site Plan, Existing Shopping Center Trip Driveway Distribution ..............23 Figure 7 - Project Trip Distribution.... ............. ........................ ...... ...................... ........................... ............ 26 Figure 8 - "Project-Only" Traffic Volumes ..... .......................... ...... ....................................................... .... 27 Figure 9 - Short Term Plus Project Traffic Volumes.................................................................................. 29 Figure 10 - Cumulative Base No Project Peak Hour Traffic Volumes.......................................................31 Figure 11 - Cumulative Base Plus Project Peak Hour Traffic Volumes..................................................... 34 Figure 12 - Recommended Intersection Lane Geometries and Control Improvements .............................38 Figure 13 - Recommended Rancho Parkway I Driveway Intersection Layout ..........................................39 LIST OF TABLES Table 1 Level of Service Criteria For Intersections ...................................................................................... 8 Table 2 Level of Service (LOS) Criteria for Roadways................................................................................ 9 Table 3 Existing Conditions: Intersection Levels of Service ......................................................................11 Table 4 Weekday I Weekend day peak hour traffic counts......................................................................... 12 Table 5 Approved/Pending Projects Trip Generation .................................................................................15 Table 6 Short Term No Project Conditions: Intersection Levels of Service ...............................................20 Table 7 Existing Project Plus Expansion Trip Generation..........................................................................24 Table 8 Shopping Center Trip Rate and Volume Comparison.................................................................... 24 Table 9 Short Term Plus Project Conditions: Intersection Levels of Service .............................................28 Table 10 Cumulative Base No Project Conditions: Intersection Levels of Service.................................... 32 Table 11 Cumulative Base Plus Project Conditions: Intersection Levels of Service ..................................33 Five Cities Shopping Center Expansion i City of Arroyo Grande (25-1275-08lR833TSOO2.doc) ----- ~_._"~-- ---- APPENDIX INTERSECTION LEVEL-OF-SERVICE SUMMARY ("MITIGATION MATRIX") INTERSECTION LOS AND SIGNAL WARRANT WORKSHEETS Five Cities Shopping Center Expansion ii City of Arroyo Gr~de (25-1275-08lR833TSOO2.doc) INTRODUCTION This report has been prepared for the City of Arroyo Grande to present the results of a Transportation Impact Study (TIS) performed by OMNI-MEANS in support of the proposed Five Cities Shopping Center expansion project in the City of Arroyo Grande. The term "project", as used in this report, refers to the proposed Five Cities Shopping Center expansion, which entails the construction of an additional 33,200 square feet of retail space on the shopping center site referred to as "Pad I". The City of Arroyo Grande is an incorporated community located within the "Five Cities" area of San Luis Obispo County, California. Current population estimates at the end of 2003 range to approximately 16,523 people. Figure 1 illustrates the City of Arroyo Grande, which includes the entire area within and adjacent to its City limits. The City of Arroyo Grande is located approximately 10 miles south of the City of San Luis Obispo, along the US Highway 101 coastal corridor. The City is located contiguous with the incorporated areas of the City of Pismo Beach to the northwest and the City of Grover Beach to the west. US 101 runs diagonally through the middle of the city in a northwesterly to southeasterly direction. US 101 is the primary State highway providing regional access, connecting the City with other parts of the County and the State. State Route 227 also provides more localized access to/from the City, connecting Arroyo Grande with the City of San Luis Obispo and surrounding county community. The following roadways provide primary circulation within the City of Arroyo Grande and its vicinity. US 101 is a major north-south freeway facility that traverses coastal California. US 101 serves as the principal inter-regional auto and truck travel route that connects San Luis Obispo County (and other portions of the Central Coast) with the San Francisco Bay Area to the north and the Los Angeles urban basin to the south. Within San Luis Obispo County, US 101 provides major connection between and through several cities. Through the "Five Cities" area of San Luis Obispo County, US 101 represents a major recreational as well as commuter travel route and has a general four-lane divided freeway cross- section with 65 mph posted speed limits. Within the City of Arroyo Grande, US 101 forms full-access interchanges with Oak Park Boulevard, Brisco RoadlHalcyon Road and East Grand A venuelBranch Street as well as directional interchange access at Traffic Way and Fair Oaks Avenue. State Route 227 (SR 227) is a state highway route that runs predominantly in a north-south direction connecting the City of San Luis Obispo and the City of Arroyo Grande. SR 227 has a general two-lane highway type cross-section through most segments. SR 227 represents a significant parallel commuter route to US 101, as well as a recreational travel route serving the City of Arroyo Grande. East Grand Avenue is a major east-west travel arterial through and within the City and has a general five- lane arterial (two travel lanes per direction with a two-way left-turn median lane) through the City. West of the City of Arroyo Grande, East Grand A venue extends into the City of Grover Beach and extends further west to the coastline. East of the full-access interchange with US 101, East Grand Avenue becomes East Branch Street that extends further east to Corbett Canyon Road and SR 227. East Grand Avenue represents one of the "gateway" routes for recreational travelers headed westwards from US 101 to the Pacific coastline. East Branch Street (SR 227) extends East Grand Avenue to the east and serves as the City's main downtown commercial thoroughfare as well as a commuter connection between US 101 and SR 227. The duality of purpose of this three lane arterial with on street parking does create safety and capacity concerns. The high volume of.traffic (18,500 ADT) conflicts with the community's desire to have a pedestrian-friendly downtown. Five Cities Shopping Center Expansion J City of A"oyo Grande (25- J 275-08lR833TSOO2.doc) , , / / I S11IaT i DCOSOH WAY ~ I I I .! ~ +'AIII _S - -I ,//',/ , '- ( rARA€U. A\€HU[ r--....... '"\.,/\ \ \ I 1 \,/ ) \ L_ \ /' / 1 ,/ - 1 r--- / 1HE PIKE I........ J r"- ....... / I r alY LIIIT 1M --- -../ ./ L I I \ -----../ , LEGEND CITY LIMITS - - - - - .\ 1 ;~~.~.~ City of Arroyo Grande Figure PROJECT VICINITY MAP ~ fie 1II.13TQ01.d... (122004) 2~127~0I -- Halcyon Road is a general two to four lane north-south arterial facility that connects between US 101 in the City of Arroyo Grande and State Route 1 (SR 1) in the Halcyon area located to the south of the City. Halcyon Road, in conjunction with Brisco Road and EI Camino Real, forms a full-access interchange' with US 101; just north of the US 10 l/East Grand A venue interchange. Oak Park Boulevard is a general five lane north-south street that runs along the northwestern City limit line, defining Arroyo Grande's boundary with the adjacent Cities of Grover Beach and Pismo Beach. Oak Park Boulevard forms a full-access interchange with US 101; and extends south of US 101 into the City of Grover Beach, approximately defining the City of Arroyo Grande's southwestern City limit line. North of the City of Arroyo Grande, Oak Park Boulevard forks into Old Oak Park Road, which extends north into County lands, and into Noyes Road which extends in a northeasterly direction to connect with SR 227. James Way is also predominantly an east-west. two-lane roadway serving as a residential collector between Oak Park Boulevard and Tally-ho Road, which also connects to SR 227. West Branch Street is a two-lane frontage road, east of US 101 with both commercial and residential frontage. It extends from Oak Park Boulevard to East Branch Street and provides important north-south circulation and commercial accessibility east of the freeway. Rancho Parkway is a two-lane collector linking residential development on James Way to West Branch Street and the US 101 corridor. It is also the primary access point for the Project driveway and runs through part of the Five Cities Shopping Center, bisecting the Center into Walmart anchored and Trader Joe's anchored sections. EI Camino Real is a two to three lane northeast-southwest street that operates as a frontage road on the southwest side to US 1 OJ. Traffic Way is a two to four-lane arterial roadway serving local commercial development. It extends from East Branch Street(SR 227) to the north and terminates into ramp junctions with US 101 to the south. EXISTING TRAFFIC VOLUMES New existing AM and PM peak hour traffic volume counts (turning movements) at the study intersections were conducted by OMNI-MEANS on November 17,2004. The AM peak hour is defined as the one-hour of peak traffic flow (which is the highest total volume count over four consecutive IS-minute count periods) counted between 7:00 AM and 9:00 AM on a typical weekday. The PM peak hour is defined as the one-hour of peak traffic flow (which is the highest total volume count over four consecutive IS-minute count periods) counted between 4:00 PM and 6:00 PM on a typical weekday. The following critical study intersections were established for this study in coordination with City of Arroyo Grande staff, and are analyzed within this study for weekday AM and PM peak hour conditions: 1. West Branch Street / Oak Park Boulevard 2. West Branch Street / Camino Mercado 3. West Branch Street / Rancho Parkway 4. Rancho Parkway / Camino Mercado 5. West Branch Street / Brisco Road Five Cities Shopping Center Expansion 3 City of A.rroyo Grande (25-/275-08/R833TSOO2.doc) 6. Brisco Road I US 101 NB Ramps 7. Brisco Road I El Camino Real 8. El Camino RealI US 101 SB Ramps 9. West Branch Street I East Grand Avenue In addition, three critical intersections with Five Cities Shopping Center driveways were established for analysis, and are also evaluated within this study for weekday AM and PM peak hour conditions: 10. Rancho Parkway / driveway 11. West Branch Street / driveway west 12. West Branch Street / driveway east Lane geometries and control ofthe above study intersections are illustrated on Figure 2. Existing AM and PM peak hour traffic volumes at the study intersections are shown on Figure 3. Five Cities Shopping Center Expansion 4 City of Arroyo Grande (25-1275-08lR833TSOO2.doc) 1 OAK PARK BL VD./ 2 WEST BRANCH STR./ 3 WEST BRANCH STR./ 4 RANCHO PARKWAY/ WEST BRANCH STR. CAMINO MERCADO-US tOt NB RANCHO PARKWA Y CAMINO MERCADO -L- ~~l .L + o...L Jl .L ~ 0 .;- 1nY- dOiS +-- ii r ~cn STOP ~ -{~ 1 =;~ Ii r -. -. rn rn 5 WEST BRANCH STR./ 6 BRISCO RD/ 7 EL CAMINO REAL/ 8 EL CAMINO REAL/ BRISCO RD. US fOf N BRISCO RD. HALCYON RD-US fOt SB e .L +-- ~ L.. J~ ;= j~ y- y- y- -. Ii Ii ---.f 1i --.J rrr -. ~ ~ \ rn ~ rn rn \..J 9 WEST BRANCH STR./ 10 .RANCHO PARKWAY/ 11 W BRANCU 12 W BRANCH/ GRAND AVE. DRIVEWAY DRIVEWAY 'EST DRIVEWAY EAST ~ .L J II == d:.1== + +- ~ ~ l ~+- dOiS .;- --.J +~ It --.J ~ -. -. -. ~ -. -. rn i i (.1 , , NEVof>ORT BRlQfTON .) i,{~ ~ DODSON WAY mar / ASH City of Arroyo Grande Figure 2 EXISTING GEOMETRICS AND LANE CONTROL ~ fie ~n;oz..... (1_1 25-tln-oa --~._~- _._~-,-~-----'--- --~- 1 OAK PARK BL VD./ 2 /rEST BRANCH STR./ j /rEST BRANCH STR./ 4 RANCHO PARKWAY/ WEST BRANCH STR. CAMINO MERCADO-US 101 NB RANCHO PARKWA Y CAMINO MERCADO ~~ ~ '" -~ ~ 01"'10 ~~ ~.... _10_ .... - ~ - ",,,, ~~- L'96(2.83) '" -~ L4(12.) 01 01 - - IOIO~ tON~ a) '" ~~ <,<",a) ~~ ",,,, Jxt -"'''' .... .... <,<<0 +-18(38) )~l +-166(309) '" 01 L96(355) ) ~ r"5(367) r 53(226) ) l +-253(29'7) iti (43)27 J iti (50)15J (19)34J i t (478)142 -. OI-a) (7) 3~. -0(1) (260)70 -. (24)27 ~ '" '" 0"'''' 0::I",~ -... "''''- - ......0::1 t:;"r;;- ~~~ ~.:!,~ ...."'10 ~- _ O').~ C\I ...,....,. ~ ..... ~.....~ 5 WEST BRANCH STR./ 6 BRISCO RD./ 7 EL CAMINO REAL/ 8 EL CAMINO REAL/ BRISCO RD. US 101 NB BR/SCO RD. HALCYON RD-US 101 SB ~ ............ ~ ......'" tO~~ ...... 10 "'- ....-'" ~~o ",10 ~~Cr: L436(J67) L8(19) o~ ~fR'::" +- 70(169) "'~ L 71(100) ,...,-~ +-82(86) r')N~ +- 53(24) r 86(80) ) ~ r 144(58) )~l r 26(49) )~l r 3(21) (115)85 -. i i it (33)10 -,J iti (198)129J iti (438)88 ~ '" '" "'0::1 (186)133 -. NO- (22)37 -. IO.....<D .... .... "0::1 (83)35 ~ --'" (331)156 ~ '" IO~ '" ...... "'''' ......,.,~ "'~o .... ...... <0 ~IO '" ...... 10 ............ ....0'" 0::1 "'..... cn a) cnN "'~ <Dcn ""-"It)- 5,- '" "',., ~ ..... ~..... 9 WEST BRANCH STR./ 10 RANCHO PARKWAY/ 11 W BRANCH/ 12 W BRANCH/ ) CRAND AYE. DRIYEWAY DR/YEWA Y WEST DRIVEWAY EAST ~...... ~? ~ ...... NO -;:;-Q;" ~........~ ..... "'...... -~ L 40(98) ~Nf"\ L 1(4) ~N 0.... ~o~ ~O~ ~~ '" ..... '" "'- NO- cn _1(7) L 20(132) ",,,, L 67(88) ) ~ l +-700(896) ) l )l . r 9(8) . ) ~ l r'1(73) +- 206(301) +-194(320) (105)30 J iti (54)11J iti (100)35J (64)22 J (729)329 -. ( 43)1 -. (226)96 -. (271)90 -. (0)5 ~ ~;:::..~ (119)48 ~ 01010 <DCO- ..;-0", .................. ~.....~ ... 001 110001 .:::.v........ XXX - .{ NE"'O/IT BRIGHTON .\ / ) ",A - ~OOOSON WAY ASH STREET / City of Arroyo Grande EXISTING PEAK HOUR INTERSECTION VOLUMES ~ n", TI33TGOJ.<ho<g (1U004) 2S-1275-0I LEVEL OF SERVICE METHODOLOGIES/POLICIES Traffic operations have been quantified through the determination of "Level of Service" (LOS). Level of Service is a qualitative measure of traffic operating conditions, whereby a letter grade "A" through "F" is assigned to an intersection or roadway segment representing progressively worsening traffic conditions. Intersection and Roadway LOS Methodologies Levels of Service (LOS) have been calculated for all intersection control types using the methods documented in the Transportation Research Board Publication Highway Capacity Manual, Fourth Edition, 2000. Current City of Arroyo Grande Traffic Impact Study Policy standards for levels of service are derived from Circular 212 Operations Methodology, which was published in 1985. The transportation engineering industry has moved away from the Circular 212 methodology toward the more recent Highway Capacity Manual Methodology and the City TIS Policy should be updated to reflect this change. For signalized intersections and All-Wily Stop-Controlled (AWSC) intersections, the intersection delays and LOS are average val~es for all intersection movements. For Two-Way Stop-Controlled (TWSC) intersections, the intersection delays and LOS are representative of those for the worst-case movement. LOS definitions for different types of intersection controls are outlined in Table 1. The average daily traffic based roadway level of service thresholds are shown in Table 2. The City of Arroyo Grande General Plan (Adopted October 9, 2001), Circulation Element, Streets and Highway Standards, are partly quoted below: cn: Attain and maintain Level of Service (LOS) '~C" or better on all streets and controlled intersections. cn-1: Where deficiencies exist, mitigate to a LOS "D" at a minimum and plan improvement to achieve LOS "C" (LOS "E" or "F" unacceptable = significant adverse impact) The Caltrans published Guide for the Preparation of Traffic Impact Studies (dated June 200 1) states the following: "Caltrans endeavors to maintain a target LOS at the transition between LOS "C" and LOS "D" on State highway facilities... " Consistent with City and Caltrans policies stated above, for purposes of this traffic study, LOS "C" has been taken as the minimum acceptable LOS standard at critical study intersections and roadway segments falling within City right-of-way. For freeway ramp intersections and other intersections and roadway segments faUing within State right-of-way, consistent with Caltrans policy of "LOS CID transition", a "low LOS D" (which is regarded as LOS "D" with delay values closer towards LOS "C" than towards LOS "E") has been taken as the minimum threshold for acceptable operations. Appropriate circulation, capacity or and/or control improvements have been identified for instances when study area facilities are projected to operate below acceptable standards. Five Cities Shopping Center Expansion 7 City of Arroyo Grande (25-1275-08lR833TSOO2.doc) _W...__._ ___u__._ _ "<:J~ .g 8i ~ "'I "'I "<:J ~ 0\ "I 00 "I ~ ...... ~ en Z 0 U - ::I . "'... ~ E-< "0 0..0'" ::I ... U 1:>0 U _ c:: >'''' :i~ ~ . y e 05 ~ ~ U '- u"'8 ~~~l~ en ~~ ....- ~ g ~ ~ 8. ,,; ~ U 0.. U "0 :1:::;' . '" U 0 . E-< 1;1.5 U,,; :gSE"O."O~ Z .- 0.10: :f.2~ ~.c: y 0.- U >..,g 0 - '" '" ".=1\16--'= ~ .0 l:: ._ :5 ~.o :.s u cu =.- ","'.c: s::.,g~:Eo-g 0 ... U U . -e.c ~ U ... > 13~~~:;.13 '" .~ 1;i.... U ::I ... -:s "O.c:o >"0 8.. "E oS ... ~]. 0.. ~~ >.~i3. ~"E e ~ 0 s:: >._ ::I g ..J~ ~ U ::I a'~ to) e~>.g~ =E-< ::Ege 4' ::E.5 ~ o U "'.- ~ 0;::, ..... <l:; 6. e 6..0 "I <- "'1:>0 '~"j -... E-<~ ~.m: "1;3' U f!i;;~ U <0 I;; ~ .... ~ u 0 .~.... oS.g 0 "0 - U '" H~ 0 ~"O 'S;: -au~1:>O .z:: > ...- ~ o U U s::.- ~.- ti >. 1;1 5 .5 ~ ::E] .~ o.c: .-g g ~ .....- ... Co ~~ u._... t! en .... o1;ioo- ~gj.5 '" '" U =.S VJ'" 1;; ~ g .: F ~o~ 1:1::: "fo~ ~.o.c:",u r: 0 o e bO U .5 ~.g,,; e 0 .S! ..J 5.c: e135]q~ .0 f!o o..y ~ ~ - 1:>0 :J~-1i"O S ..c...... t: ..2 .~ e ~>I:>O 8' ~ f! 8.~ C) ~ ~::I o Ii ~ >..5 :: ~a.. e f} ..J y '" r: 1:: y. ]e~~g: ~ U.- 0 U t: 0< s::.g s::::E... 0 5~~:J.o e;;:; -5jcn o 0 "'- Q,So uoSB- '" r:' "'0 ' "- .=: -... ~ 0 ~ .0 .a- ;g-: 'fi;Jso.cC::8 g 01i g... ~ .S! - ~.s ~ ~ oij f!].~ ]~~i~ ~ 5 ~ 8 i ~ ~.~ s:: 8 ::I Y '" .z:: .- .c: "0 - .c: t: .Uj oS 0 ~ e~~~ 0- 0 <0 bO ::s "'0..>' 8 ~ o..~.... '" as::> ::I s:: ~ 8 J!~] ~ r: U 0 '" 5 '" U b 0 f:! .S! tbtju "i):Q c:.a >.0:E:a~ ....: o "0 c:s .., 6.:Ju ::1"0 f! "i' 0._ - ....=u ::s r: 1;::... 0 u.€~ e ~ ~.- ~ ~ c:s "0"0 1if .5 ~ > e 8.. U r: ~ uU::I>'I:>OO ~ 0-- ..... us::~.a "0 5.~ 8 ~ s:: U o.c:u Fos::oe>. OU> 0"0 0 8.,g~ .0 r.. > '" ..J::I>o..y 'II C3 'i: c:s d ~ ~ U ~r: ~ ._ c:s ~G ~ ~ ~ t3~ ~ t! t: ~ .~ ~ ~ d'Q- ~o ~ it:d r: ~ ~ c:! -.- -- TABLE 2 . . ...... . LEVF:L OF SERVICE (LOS) CRITERIA FOR ROADWAYS 6-Lane Freeway 75,000 90,000 10,500 120,000 135,000 4-Lane Freeway 50,000 60,000 70,000 80,000 90,000 6-Lane Expressway 36,000 42,000 48,000 54,000 60,000 (high access control) 4-Lane Expressway 24,000 28,000 32,000 36,000 40,000 (high access control) 6-Lane Divided Arterial 32,000 38,000 43,000 49,000 (with left-turn lane) 54,000 4-Lane Divided Arterial 22,000 25,000 29,000 32,500 (with left-turn lane) 36,000 4-Lane Undivided Arterial 18,000 21,000 24,000 27,000 (no left-turn lane) 30,000 2-Lane Arterial 11,000 12,500 14,500 16,000 (with left-turn lane) 18,000 2-Lane Arterial 9,000 10,500 12,000 13,500 15,000 (no left-turn lane) 4-Lane Collector 12,000 15,000 18,000 21,000 24,000 2-Lane Collector 6,000 7,500 9,000 10,500 12,000 Notes: J. Based on Hiflhwav CaDacitv Manual Fourth Edition. Transportation Research Board, 2000. 2. All volume thresholds are approximate and assume ideal roadway characteristics. Actual thresholds for each LOS listed above may vary depending on a variety offactors including (but not limited to) roadway curvature and grade, intersection or interchange spacing, driveway spacing, percentage of trucks and other heavy vehicles, lane widths, signal timing, on-street parking, volume of cross traffic and pedestrians, etc. To determine whether "significance" should be associated with unsignalized intersection operations, a supplemental traffic signal "warrant" analysis has also been completed. The tenn "signal warrants" refers to the list of established criteria used by Caltrans and other public agencies to quantitatively justify or ascertain the need for installation of a traffic signal at an otherwise unsignalized intersection. This study has employed the signal warrant criteria presented in the latest edition of the Federal Highway Administration's (FHWA) Manual on Uniform Traffic Control Devices (MUTCD), as amended by the MUTCD 2003 California Supplement, for all study intersections. The signal warrant criteria are based upon several factors including volume of vehicular and pedestrian traffic, frequency of accidents, location of school areas etc. Both the FHW A's MUTCD and the MUTCD 2003 California Supplement indicate that the installation of a traffic signal should be considered if one or more of the signal warrants are met. Specifically, this study will utilize the Peak-Hour-Volume based Warrant 3 as one representative type of traffic signal warrant analysis. Warrant 3 criteria are basically identical for both the FHW A's MUTCD and the MUTCD 2003 California Supplement. Since Warrant 3 provides specialized warrant criteria for intersections with rural characteristics (e.g. located in communities with populations of less than 10,000 persons or with adjacent major streets operating at above 40mph), study intersections that use this specialized criteria will be clearly identified. Five Cities Shopping Center Expansion 9 J City of Arroyo Grande (25-7328-29/R833TSOO2.doc) --- Technical Analysis Parameters This TIS provides a "planning level" evaluation of traffic operating conditions, which is considered sufficient for CEQA/NEP A purposes. The "planning level" evaluation incorporates appropriate heavy vehicle adjustment factors, peak hour factors, and signal lost-time factors, and reports the resulting intersection delays and LOS as estimated using HCM.2000 based analysis methodologies. In this study, a general Peak Hour Factor (PHF) of 0.92 (as recommended by HCM-2000) and a heavy-vehicle traffic percentage of 10 percent will be applied in the analysis of all study intersections under all analysis scenarios. The HCM.recommended suburban traffic signal default cycle length of 100 seconds will be used for analysis of signalized intersections, with 4 seconds of "lost time" per critical signal phase. The Traffix 7.7 (Dowling Associates) software program was used to implement the HCM-2000 analysis on the majority of the study intersections. The Synchro 6 (Trafficware) software program was used for analysis on the close-proximity intersections near the Brisco Road interchange with US 101 so that factors such as queuing and coordinated signal operations could be taken into account for a more accurate analysis. Except where realistic at the close proximity intersections, a "design level" evaluation (including queuing on intersection lane groups, stacking length requirements, coordinated signal operations analyses etc.) will not be included in this planning-level study. Five Cities Shopping Center Expansion 10 City of Arroyo Grande (25-1275-08/R833TSOO2.doc) - --.- --- EXISTING TRAFFIC OPERATIONS Intersections Existing AM and PM peak hour intersection traffic operations were quantified utilizing the existing traffic volumes (FigUre 3) and the existing intersection lane geometries and control (Figure 2). Table 3 contains a summary of the existing intersection LOS conditions. TABLE 3 ~- ir.~ ~~~'",. ,,'.'~~L . ...... . . '.. . ..... .. .~. .... ...... .. ... ... . .: I Oak Park Blvd / West Branch St Signal 18.2 B . 25.4 C . 2 West Brancb St / Camino Mercado - US 101 NB AWSC 10.6 B No 42.0 E Yes 3 West Branch St / Rancho Parkway Signal 6.8 A . 14.5 B - 4 Rancho Parkway / Camino Mercado TWSC 1.4 A No 0.6 A No 5 West Branch St / Brisco Rd Signal 16.2 B - 28.0 C . 6 Brisco Rd / US 101 Northbound Signal 17.3 B - 27.2 C . 7 El Camino Real.l Brisco Rd Signal 20.1 C . 28.7 C - 8 EI Camino Real/Halcyon Rd - US 101 SB Signal 46.6 D - 43.4 D - 9 West Branch St / Grand Ave TWSC 19.7 C No 93.9 F No 10 Rancbo Parkway I driveway TWSC 10.8 B No 30.1 D No II West Branch St/ driveway west Signal 10.7 . B - 18.4 B . 12 West Branch St / driveway east TWSC 10.5 B No 13.7 B No Note: LOS - Minor Street Approach Level of Service for 1\vo-Way Stop-Controlled intersections LOS - Overall Average Intersection Level of Service for Signalized and All-Way Stop-Controlled intersections Delay - Minor Street Approach Delay for Two-Way Stop-Controlled intersections Delay - Overall Average Intersection Delay for Signalized and All-Way Stop-Colltrolled intersectio1l3 TWSC - Two-Way Stop-Controlled Intersection A WSC - All Way Stop-Controlled intersection Warrant - MUTCD Peak Hour Volume Warrant-3 (Urban Areas) As indicated in Table 3, the West Branch Street intersections at Camino Mercado/US 101 Northbound ramps and Grand Avenue, and the Rancho Parkway/project driveway intersection currently operate at an unacceptable LOS during the PM peak hour under Existing conditions. The El Camino Real/Halcyon Road - US 101 SB intersection operates at LOS "D" beyond the acceptable "cusp of LOS 'C/D"', The West Branch Street/Camino Mercado/US 101 NB ramp intersection satisfies MUTCD Peak Hour signal warrants, indicating that the peak hour volume at the intersection is large enough to warrant installation of a traffic signal. The remaining study intersections are currently operating at an acceptable LOS. All circulation improvements are discussed in a subsequent section of this report. Weekday / Weekend Peak Hour Comparison OMNI-MEANS conducted a supplemental analysis, at the request of the City, to validate the weekly peak hour of the Five Cities Shopping Center and surrounding street segments. A sampling methodology was employed, where daily traffic counters were placed at the three shopping center driveways on Rancho Parkway, the Town Center Driveway north of West Branch Street, and on the approaches leading to the West Branch Street / Rancho Parkway intersection for an entire week from January 19 to January 25. 2005. The driveway counts allow for a sample comparison between the weekday and weekend trip generation of the shopping center, while the roadway segment counts provide a sample difference in traffic volumes on the traffic network between the weekend and weekday peak hours. Table 4 shows the peak hour traffic volumes at each location for the peak weekday and weekend day. Five Cities Shopping Center Expansion 11 City of Arroyo Grande (25-1275-08/R833TSOO2.doc) f:_~.I" ~q'-'i~' ,', '-,.-~17<~:\ :,"', _" -,' .,~. 'Coun~~oc. .Olrx,'~r, Driveways Town Center Drwy, n/o W. Branch St. 249 434 548 232 631 562 15% Walmart Drwy, w/o Rancho Pkwy. 293 545 623 277 651 734 18% Trader Joe's Drwy north 61 134 136 58 158 185 36% Trader Joe's Drwy south 94 214 275 82 222 270 -2% Roadway Segments Rancho Pkwy, n/oW. Branch St. 461 828 899 379 1,028 1,075 20% W. Branch St., w/o Rancho Pkwy 496 730 830 307 739 666 -11% W. Branch St., elo Rancho Pkwy 696 1,236 1,445 533 1,471 1,555 8% As shown in Table 4, the Five Cities Shopping Center generates more traffic on weekend days than on weekdays. Higher weekend trip generation rates are typical of most shopping centers according to ITE's Trip Generation, 1" Edition. The City standard for trip generation data, the SANDAG-published Trip Generation Manual (last revised May 2003), does not contain weekend trip get:leration rates. Traffic counters provide the roadway volumes in IS-minute increments, with the peak hour defmed as the highest traffic volume over four consecutive IS-minute increments. The AM, Midday, and PM peak hours generally occur at 9AM, 2PM, and 6PM, respectively. As shown from the data, the roadway traffic volumes on a weekend day do not necessarily have the same magnitude increase as the shopping center itself. Rancho Parkway experiences the greatest increase in traffic volumes on the weekend day, which is attributable to it having the closest driveway from the Brisco interchange into the Walmart-anchored portion and exclusive access into the Trader Joe's- anchored portion of the shopping center. The segment of West Branch Street between the shopping center and the Brisco Road interchange experiences a weekend increase in traffic volumes Qf a lesser magnitude than Rancho Parkway. The segment of West Branch Street west of Rancho Parkway experiences a decrease in traffic volumes on the weekend day compared to weekday traffic volumes. Differences between weekend and weekday peak hour volumes may be attributable to the lack of commuter traffic during weekday peak hour periods. The comparison between weekday and weekend peak hour traffic volumes provides evidence that the Five Cities Shopping Center tends to generate higher traffic volumes on weekend days. However, the effect from weekend traffic characteristics is likely limited to intersections in the immediate vicinity of the shopping center. While future traffic studies may be able to project the weekend difference in trip generation volumes for the shopping center, there is no similar data available on the differential trip generation for other land uses within the area, which makes conducting traffic impact studies on weekend conditions difficult. The potential significance of the weekend traffic volumes on project study area intersections is addressed in the mitigations section. Five Cities Shopping Center Expansion /2 City of Arroyo Grande (25-1275-08/R833TSOO2.doc) L ----._~-- .- ApPROVEDIPENDING PROJECTS Based on discussions with City staff, eleven land development projects are within the vicinity of the' proposed project and can be regarded as "approved" or "pending approval" for construction in the near- term. Approximate "approved/pending" project locations are shown in Figure 4 and described in terms of their general description (location, access, etc.), trip generation, and trip distribution below. 1. 40 single-family residences, located north of James Way and west of Rancho Parkway. An alternative land use at this site is the construction of 21 residential units rather than 40 units. Traffic impacts associated with the alternative development were not analyzed. 2. 20 condominiums, located south of James Way and east of Oak Park Boulevard 3. 5 office buildings, located on the northwest corner of West Branch Street and Camino Mercado. An alternative land use at this site is the construction of a motel and restaurant development. Traffic impacts associated with the alternative development were not analyzed. 4. Camino Mercado Senior Apartments and Senior Center, located north of Camino Mercado and west of Ranch Parkway. Consists of 60 senior condominiums and a 3,000 square foot senior center (penfield and Smith, 2001). 5. Stonecrest Homes, located south of El Camino Real, between Oak Park Boulevard and Brisco Road. Consists of 26 single-family residential units within a subdivision project (Higgins and Associates, 2000). 6. Commercial building, located on a 0.7 acre lot south of El Camino Real, west of Brisco Road. This site was proposed for development as a 10,000 square foot farm supply store subsequent to the analysis. 7. 12 multi-family residences, located west of Brisco Road and south ofEl Camino Real. 8. Brisco Road Mixed Use Development, bounded by Grand Avenue, Brisco Road, Linda Drive, and Elm Street. Consists of a 99-unit residential complex, 18,210 square feet of industriallbusiness park floor area, 10,400 square feet of specialty retail/strip commercial floor area, 4,300 square feet of high turnover restaurant floor area, and 10,690 square feet of financial institution floor area (OMNI-MEANS, 2004) 9. 20 single-family residential units, located west of Rodeo Drive, between W. Branch Street and James Way. 10. Le Point Mixed Use development, located north of East Branch Street east of Traffic Way (Higgins Associates, 2003). Consists of 9 residential dwelling units and 3,400 square feet of office facilities. 11. Creekside Center, located north of East Branch Street east of Traffic Way. Consists of 24 residential dwelling units and 12,000 square feet of commercial and/or office facilities (Associated Transportation Engineers, 2003). {Note: Approved/pending project driveways (access points) are not evaluated as a part of the Five Cities Shopping Center Expansion Traffic Impact Study} Subsequent to analysis, the following projects were presented to the City for review: East Village Plaza, Robiscotti development, Timmons development, and The Parable specialty retail development. Future studies will incorporate these projects when analyzing traffic impacts. Five Cities Shopping Center Expansion 13 City of Arroyo Grande (25-1275-08/R833 TSOO2.doc) __________.__..___u_ --- Trip Generation It is OMNI-MEANS understanding that traffic studies have been completed and published for Approved/Pending Projects 1, 5, 8, 10, and II. Approved/pending project without completed traffic impact studies had trip generation rates and volumes estimated based upon rates contained in the San Diego Association of Governments (SANDAG) Publication Trip Generation Manual (Revised May 2003). Total approved/pending project trip generation estimates are presented in Table 5. Five Cities Shopping Center Expansion 14 City of Arroyo Grande (25-1275-08/R833TSOO2.doc) --~.~ Single-Family Detached Residential, urbanized areal Per D.U 9 0.72 20% 80% 0.9 70% 30% Multiple Dwelling Unit: under 20 dwelling units/acrel Per D.U. 8 0.64 20% 80% 0.8 70% 30% Specialty Retail Center/Strip Commercial2 Per KSF 36 1.08 60% 40% 3.24 50% 50% Commercial OfIicel Per KSF 20 2.8 90% 10% 2.6 20% 80% IndustriallBusiness Parkl Per KSF 16 1.9 80% 20% 1.9 20% 80% Commercial-Retail, Restaurant, High- Turnover4 Per KSF 104 8.32 50% 50% 8.3 60% 40% 'Bait I. 40 Sin~le Family Residential Units 40D.U. 2. 20 Condominium Units 20D.U. 3.5 Office Buildin~s 4.22 KSF 4a. Camino Mercado Senior Condominiums 60D.U. - 4b. Camino Mercado Senior Center 3 KSF - 5. Stonecrest Homes 26D.U. 234 6. Commercial Building (0.7 acres at 25% floor area ratio) 7.6 KSF 274 8 5 3 25 12 13 7. 12 Multifamily Residential Units . 12D.U. 96 8 2 6 10 7 3 8a. Brisco MU, Apartment Complex 99D.U. 792 63 13 50 79 55 24 8b. Brisco MU, IndustriallBusiness Park 28.6 KSF 458 54 43 11 54 II 44 8c. Brisco MU,Restaurant 4.3 KSF 447 36 18 18 36 21 14 8d. Brisco MU, Bank 10.7 KSF 1,203 48 34 14 96 38 58 (8. Brisco MU existin~ land uses) (565) (58) (43) (15) (62) (17) (45) 9. 20 Sin~le Family Residential Units 20D.U. 180 14 3 12 18 13 5 lOa. Le Point MU, Townhouse/Apartment 9D.U. 72 6 I 5 7 5 2 lOb. Le Point MU, Commercial Office 3.4 KSF 67 9 8 I 9 2 7 Ila. Creekside Center, 24 residential units 24D.U. 192 15 3 12 19 13 6 II b. Creekside Center, CommerciaVOffice 12 KSF 432 13 8 5 39 19 19 (II. Creekside Center existing land uses) (493) (26) (16) (6) (48) (24) (12) Total Trips 3,994 282 114 172 387 220 179 D.U. -dwelling unit. KSF -IOOOsq.jI.. MU -Mixed Use I. 0% pass-by reduction (SANDAG Trip Generation Manual. Revised May 2003) 2. 1000A.pass-by reduction (SANDAG 2003) 3. 20% pass-by reduction (SANDAG 2003) 4. 25% pass-by reductian (SANDAG 2003) Five Cities Shopping Center Expansion 15 City of A"oyo Grande (25-1275-08/R833TSOO2.doc) -- ~ / / / / / . / ~ g ,., :;! "J ~ ~s,-'i..-( . OW >0 oz - .cc<( ~ cca:: 0 <(CJ 0 C\I > 0 c Z u.. 0 en <( - en !, t- O 0 W <':>1- W ., LuILl 0 \ ~ I-ILI 0 W Lu ., Zo:: => 01- => Z Z 0:: ~CI) z w w > > c( 0- <( <( ~a M31A ~I'V a: " ILl e" => z Z ~ ( 0 - <( C 1S NVll~nO:) > ! Z . ; 1/1 1/1 }f~O 0 W .... <II <II U U a: 0- C 1/1 C 1/1 )f~ .\ ~ E~ ~ )f'VO r - a: "'- 1 .- ::Io-C>C 1/1 0- 1/1 C <II - c( C <II C4I.-'t) ~~.j Q:: III 1/1 E Q::;g.iij CI W ~ E g'.g ~~ ~ ~ z <( 1L > o. E.~ '6 g E - >.Gj E I- 0:: I!! ~.E'5U~.~ECI~ 0:: Z <.:> 0 0 0 ~<IIOCDS4l~.E""')<II Q) ~ 0 I- 0:: ""') -a--g ~.c-a-E:;:;~-a-~~ ILl J: > o oS: 0:;:: GIS E"'5 oS.o 1/1 z <.:> 0- g:(f)Uo(f)Cllo~g(f)a..ii a:: I- m a.. 00 ocoU .':0 ~ - \:5~('IIl)CO('l.-~CD('I~U () <C t; ..= c-J I'i .a: Iii cO r-: a:j oj ~ :: :J Trip Distribution Trip distribution for Approved/Pending Projects 1, 5, 8, 10, and 11 has been taken from previously completed TIS. Trip distributions for approved/pending projects without completed TIS were estimated using the City of Arroyo Grande Citywide Traffic Model (OMNI-MEANS, 2004) and supplemented by knowledge of the existing traffic flow patterns, geographical location of the project sites, area demographics, and locations of other similar destinations, etc. The overall daily trip distributions are listed below. Approved/Pending Projects 1,2,5, 7, 9 (Residential): . 20% to/from East Branch Street east . 20% to/from US 10 1 north . 15% to/from US 101 south . 15% to/from Grand A venue west . 10% to/from Five Cities ShoppiJ)g Center . 10% to/from Halcyon Road south . 5% to/from Oak Park Boulevard south . 3% to/from Elm Street south . 2% to/from EI Camino Real north Approved/Pending Projects 3 and 6 . 30% East Branch Street east . 20% Grand A venue west . 14% US 101 north . 12% US 101 south . 10% Halcyon Road south . 5% Oak Park south . 5% Five Cities Shopping Center . 3% Elm Street south . 1 % El Camino Real north Approved/Pending Project 4, Camino Mercado Senior Condominiums and Center (penfield and Smith, 2001) . 25% to/from US 101 north . 20% to/from US 101 south . 20% to/from Oak Park Boulevard south . 10% to/from Rancho Parkway north . 15% to/from West Branch Street east . 10% to/from Five Cities Shopping Center Approved/Pending Project 8, Brisco Mixed Use Development (OMNI-MEANS, 2004) . 26% to/from East Branch Street east . 17% to/from Grand A venue west . 15% Five Cities Shopping Center . 12% Halcyon Road south . 12% US 101 north . 10% US 101 south . 4% Oak Park south . 3% Elm Street south Five Cities Shopping Center Expansion 17 City of A"oyo Grande (25-1275-08/R833TSOO2.doc) . 1 % EI Camino Real north ApprovedJPending Project 10, Le Point Mixed Use Project (Higgins Associates, 2003) . 20% to/from US 101 north . 20% to/from US 101 south . 15% to/from West Branch Avenue west . 15% to/from East Branch Street east . 15%-to/from Grand Avenue west . 15% to/from Fair Oaks Avenue east ApprovedJPending Project 11, Creekside Center (Associated Transportation Engineers, 2003) . 55% to/from Grand Avenue/US 101 ramps west . 10 % to/from East Branch Street east . 10% Mason Street north . 5% Mason Street south . 5% West Branch Street west . 5% Traffic Way south . 5% Le Point A venue east . 5% Crown Hill Street east SHORT TERM No PROJECT TRAFFIC OPERATIONS As described in the previous section, the Short Term No Project condition is a "no project" scenario that investigates traffic operations following. completion of approved/pending projects in the vicinity of the study area. Short Term No Project conditions were simulated by superimposing the approved/pending project trips over the existing traffic volumes at the study intersections and roadway segments. The resulting Short Term No Project traffic volumes are illustrated on Figure 5. Five Cities Shopping Center Expansion 18 City of Arroyo Grande (25-1275-08lR833TSOO2.doc) ---.._.~~- - 1 OAK PARK BL VD./ 2 WEST BRANCH STR./ 3 WEST BRANCH STR./ 4 RANCHO PARKWAY/ WEST BRANCH STR. CAMINO MERCADO-US 101 NB RANCHO PARKWAY CAMINO MERCADO ~~ ~ 1l1"'~ ~ "''''''' r:;:-r;-- ~'" R:; -"'- ~~- L196(28.3) ..,-~ L 4(12) '" - - - '" -~ ~~oo co .., Cij'i:1 "'....co ~~~ .....~ "''''.... .... It) N.... ,j~l _18(.38) .J~l _166(309) .., :: ~16(385) .J ~ rI15(367) r 53(226) .J l -253(297) iti (43)27 J iti (50)15 J (19)34 J i t (478)142 - "''''DO (7) 3 ~ - 000 (260)70 -- (24)27 ~ .., '" -"'V) coN""" -.... "''''- - ........'00 -;;)2 a;cn~ ~~~ ~'" -"'.... .!:!. - "'........ ..... ~~~ 5 WEST BRANCH STR./ 6 BRISCO RD./ 7 EL CAMINO REAL/ 8 EL CAMINO REAL/ BRISCO RD. US 101 NB BRISCO RD. HALCYON RD-US 101 SB ~ ~~ ~ -;t~ Ng~ ~'" ...."'.., ~;,o ",v) \n'coCi5' L439(378) L 8(19) ~~ ~",- n~~ ....V)'O' - 73(172) ,.,- L 72(106) _ 83(91) ...."'- _ 54(29) r 94(83) .J! r 151(72) .J~l r 35(65) ,j~l r 3(21) (119)86- i i It (34)12 ~ iti (211)145 J iti (460)105~ en ~ 011'1 (189)140-- ::?~iO (24)41-- "'....'" (84)36~ (.333)161~ "'II'I~ ....~ "'0 ~~r::- ....~o ...... 11'1 ;t..~ ~II'I'" :8~ -... ~~.:!. .., "'...... co... "'~ .:!:. "'.... .!:!. .'3 ~~ 9 WEST BRANCH STR./ 10 RANCHO PARKWAY/ 11 W BRANCH/ 12 W BRANCH/ CRAND AVE. DRIVEWAY DRIVEWAY WEST DRIVEWAY EAST ~...... '&)-::- ';:" (Q ..,.., 11'1- ;;)cn .... "'...... ~~ ....~.., L44(108) ~",,,, L 1(4) 0.... ~o~ !;:~~ "'- S-~ '" 'O'~ _730(944) '" _ 1(7) L 20(132) ..,,,, L 67(88) ,j~l r 9(8) .J~l r 11(73) .Jl _ 206(301) ,jl _ 194(320) (105)30J iti (57)12J iti (100)35~ (64)22 ~ (767)355 - ( 43)1 _ (226)96 -- (271)90 - (0)5 -. ~~~ (141)60 -. ....coV) ...."'- ~~~ ~~~ ",,,,,,, 0_'" "'-~ ~~ XXX - :~ ':.\, . ., NE""ORT BAtCHTOII / !OOOSON WAY ASH S1REET / City of Arroyo Grande Figure 5 SHORT - TERM NO PROJECT INTERSECTION VOLUMES <1}t "" Ta33TC05.... 12_> 25-127$-01 _ '....lI6IlmoJ-;: ,""~ :;;:;;;'~~'^~~ 0 r.; ,~..~... 1 .a. ~.'.'I<., .. ......., . . o ~r."~j~~'Q..""' ..,"'''' ...,,,....,y,...I,,,, ....."" ::~ISi;;.~ "3'C:N"';;,:~. ~ ~ ..... ..~ "--:;:'C'"':'J;. ...: >';.~ '.~'iii':f:.]!"~~. ~ III --1i"",~~,/,'~.'i!'i,.".....,=.R "1.liN.~'...' ",ij'J.) ~""I~' f ! . If i!i",~~ ..~.".,..>. . . , · P!i\OCJ je04~!lJIj -I- Ja!JlOd InOd s6UIPUng naLlS I!o~eil 'Il II! L:: ~ !i~ n~ i - .....;' -(9 hPI I t i!! \II. ., 'i ~~It;. I, d........... . <:: ", '\ ,~~ 'f~., ' iill~i iil,!n !!!JdJd '\ .. , .- '~rl I " " ' . J~ ~, I. . ,. ..~ HII .:! ..~ ;~ ~ ~'!\!~ If , : !!i' .'~" ~ ::; ,'!UJ ~ i.!l f'l ' . ,! "c, ,. ';. G \; t. ! ~ t1i I b 111211 ' . . ',. . ;: ~ J1r.1 :: ! I I I '" ,.J 1 .; 1i M ~ " ~.. f ~ r ~ ~ PSJ ~ t~ :.t 2 ~ 0 Ui \ 2 < Q.. >< W 0 W VI 0 Q.. 0 a:: Q.. "..,/,#' N ~ W C Z <C Z I a: \ >-~ o~ C] <C ~5 ...J \ VlF 0 0 0. w VI > a:: ~ 0 W :i!: ~ a: - a: en <C ij ~ u. (.) ~~ 0 W > ~ 0 ... c:: - 0 a. -- ~ ~,<>","_a,:,,"~ B \ I .^,""~'<~ >~.".._, , (;os) ........... E896"f6I ($O~ ."! ~t)~~. ~.;-~~J~~~.~~ ~~~.~~~~~i~~i a ~ m a I (1) ~o_...,. ,- ...._~..., n".~... oot ._"J <:{ ~ to ~ . r. ",".,,,:~ -'~-"'''''I'''"'':::'I!'';;;'~'"'_''"~:::'E~:,",._-?I.: --:~..~ '. ~ \. I 1'\. "~:;;V>~'l-ih.:;:gc1$~~~"",",,~.:J I ~D'1\:.~ '"J:J.1(;.JII.I- ... ~ . J '~'~-'ih.....i;,k.A;' -<!OI._"'" - ~- ~- . s5u!PI!~811~4S "IIOI8CJ ' ~ .. .j ': -pv...oa leo4:J!~ .~ Je!J!Od Inod ~ 0 'I' .. j ~ ; ~ p" :1:\d . ::s 8 .. $ ~ ! g I' I, i c;: ..; ~. '.,' ~ hl~i I ~ u '" . '. ", ~tt!~& ~,I . 1...A'2. S ;: .' 'il!"t ~.~ ill ! ' ",'; ,-\ ~II' liB. Lf" "\ \. "\t.- ... . :i d i , ~. I "".. ..~. Ili;j~1 I . . > :i IIi I " ! .;: i. r: 'Ji', ;,; I I ~. ,...~ . Co.. fj ~.'. ''4 i; ; iH /~';/ ~ ~ I,;d, j ill 1.1 nillbl '\ !:: (: g ~j:f~! ~ ~i.j II I :# ~'!.; ~ u. .8<< ~ J I': I . ~~ 1 "" :" ~ &iJ'g1i ~4i~i~ ~ : ~ \ @)~; @~ @~ <( u ; W , Q) 1) a c: 0 Z 0 <( @)~ a: z 0 CJ <( 10: ~ ~ ..J ~ u 0 a. ~ ~ > ~ ~ w ~ >- 0 o -A I- :< a: 0 - , ~ ~ a: en , "'d' Q. F= <( ~ ~ i!i Q. t- ~ UI :z @N \OJ ffi LL (.) &~~ 1OC\i F ... ,.. G UI 0 <C W III W -/ \!5 \!5 .., .c t( > 0 I:: t- ee: - )( ~ 0 a. - --.-"-' TABLE 7 EXISTING PROJECT PLUS EXPANSION TRIP GENERATION ma'U"': ...'~tm:fl/ '::::~Iil'< '.fi. < ~~n"" .. '#1~1J,;;'fi,"'~Weekd. '"to\iMcPeai'JIou~~WeCkd. ' .ea'Vaoar;~ an seese oll1'Jfl..- < . . - ~~"!!~H '.'."o'"'~m'~ "'.~'X:~'~'I>i~..,~' . '\\" . <...""";"<<. . -." ...SIi/" ."'!\ITout... In ". at.'. ., i. 0..1 '_'0'''''-'' _'~., .,...... "'0 ,C,._' ," L.:-:',., .._, .-. .....:...,;,..,.,... .. .." "0 _.. ...._...<'-;.,,~,..:., ';"i, .~_.";-., -', ._........ _" y,'.\io;..j"'.'Ji..i":~"" ,.~,i!"",.. ."... ,_,' ". _ _.. '1'. ....,..~ Five Cities Shopping Center (Existing Total)! 282.3 19,553 500 300 200 2,057 986 1,071 Walmart-anchored portion 255.3 16,445 464 274 190 1,669 796 873 Trader loe's-anchored portion! 27 3,108 36 26 10 388 190 198 ~"\Rif . ..~ o~_ 'Ur,'i:' , t~ 'I)' 1.8 60% 40% 7.3 48% 52% 2.1 60% 40% 7.0 50% 50% Shopping Center (SANDAG) - Cumulative2 KSF 49 0.98 60% 40% 4.9 50% 50% ;,~< ... .... 0.. ..,.... ..... .. .......(11. ....., ..... .... . ......, Vacant Retail Space (existin~. east) 4.55 315 8 5 3 33 16 17 Proiect Expansion Retail Space (future) 33.2 2,324 70 42 28 232 116 116 Total New Pro'ectTraffic 2639 78 47 31 266 132 133 otal rOJect rip eneration ul Occupancy + Expansion) 22,192 578 347 231 2,323 1,118 1,204 J, The listed square footage is minus the vacant 4.55 KSF retail pad located in the eastern portion of the shopping center. 2. Driveway trips are the total number of trips entering and e.titing the project site. They include pass-by trips (trips diverted from existing area traffic) and cumulative trips (trips traveling to the project site as a primary trip purpose). The observed trip rates are for driveway trips. As shown in Table 7, the Five Cities Shopping Center currently generates 19,553 daily trips, 500 AM peak hour trips (300 inbound, 200 outbound) and 2,057 PM peak hour trips (986 inbound, 1,071 outbound). Based on the observed rates, the project expansion and occupancy of currently vacant retail space are estimated to generate an additional 2,639 daily trips, 578 AM peak hour trips (347 inbound, 231 outbound), and 2,323 PM peak hour trips (1,118 inbound, 1,204 outbound). With full occupancy and proposed site expansion, the Five Cities Shopping Center project site is estimated to generate 22,192 daily trips. The AM peak hour is estimated to generate 578 net trips (347 inbound, 231 outbound) and the PM peak hour is estimated to generate 2,323 net trips (1,118 inbound, 1,204 outbound). To further provide a context for the magnitudes of the observed trip volumes, Table 8 compares the trip generation rate and volum~ estimates for the originally approved Grande Plaza shopping center contained in the supporting EIR. (ATE, 1996) to the observed trip ra~es and volumes for the existing Five Cities Shopping Center. TABLE 8 SHOPPING CENTER TRIP RATE AND VOLUME COMPARISON "J'i" ">'~"'.7""'"i'~"'1;'::,:~~...."t~"::"';;'~~""""'" -~~::'.... ......t--~-~-:^" ~~ '"' "~Yf~J!f!];!,ti: _w ;:-_w_.. 1 ,~~ ;~";;"";f' ,"" $~ 'f ~~ ~-y-pr- . 1.-,; "'-'. ,tI-::: 't-" ~, ' J;"..' ~. ~ ~', '1'"' -,;}',f.r r"..~"-'" ('J~J)rl ~' ,nr- q ,',_. , "111. ' ;:.~:.., ~~i":-' < ~ ~." .. '.' ";~ .,-~[,,?:. .,-' < ",-:.:.- ,,~.:.. " ".; J. t ~-' v<":${ ~ ~ ..... ~ ,:: " Y > j . ~ I', i1~_ h.\>ih~ ..-. -. ~-"-~_ ~."~~____"" .~_~Lfi!!.l._~ ~\;_.........~ __, __.u~ Originally Approved Shopping Center 355 KSF2 43.95 15,601 4.14 1,471 (Grande Plaza)! Existing Five Cities Shopping Center3 282.3 KSF. 69.3 19,553 7.3 2,057 Trip Difference 3,952 586 1. Trip rates based on lTE Trip Generation Handbook (5th Edition) 2. Net new squarefootage (359,000 proposed minus 4,000 existing Sizzler) 3. Trip rates based on 24-hour observations Five Cities Shopping Center Expansion U City of Arroyo Grande (25-1275-08/R833TSOO2.doc) I --.- '- As shown in Table 8, the existing Five Cities Shopping Center exceeds the projected trip generation rates and volumes for the originally approved Grande Plaza shopping center by nearly 4,000 trips on a daily basis and 600 trips during the PM peak hour period. PROJECT TRIP DISTRIBUTION AND ASSIGNMENT The directional trip distribution and assignment of project-generated trips was estimated using the City of Arroyo Grande traffic model (last updated August 2004) as the primary tool and supplemented by an understanding of existing and projected future traffic flows and travel patterns within the vicinity of the project site, area demographics, and geographical location of the project site. The Citywide traffic model utilizes TransCAD (Caliper Corp.) transportation planning model software. The distribution of "proposed project only" trips is illustrated on Figure 7. Note that at the fteeway ramps, the percent of traffic is presented in absolute percentages, i.e. the percent of traffic at the ramp is the absolute percent of total project traffic and not the percent of traffic traveling both to and ftom US 101 NB or Sa. Therefore, 9% of traffic is traveling from US 101 SB (6% at Brisco Road ramp, 3% at Camino Mercado ramp) while another 9% of traffic is traveling to US 101 SB (at Halcyon Road ramp), for a total of 18% of traffic coming to/ftom US 101 Sa. Similarly, the 12% of traffic is coming to/from US 101 NB (1% at El Camino Real ramp and 5% at Halcyon Road ramp from us 101 NB, 1 % at Brisco Road ramp and 5 % at Camino Mercado ramp to US 101 NB). Figure 8 shows the "project only" traffic volumes at the study intersections. As illustrated on the Proposed Project Site Plan (Figure 6), the proposed 33,200 square feet of retail space at the eastern end of the Five Cities Shopping Center site will be accessed by two existing driveways directly onto Rancho Parkway from the development's parking lot. Included in the analysis is Intersection 10, the southern two-way-stop-controlled intersection shared with the adjacent portion of the Center on the other side of Rancho Parkway. As a conservative estimate, 50 percent of the proposed project traffic is projected to access the shopping center expansion via the southern shopping center driveway on Rancho Parkway. The northern driveway into the eastern portion of the Five Cities Shopping Center is currently adjacent to vacant parcels and services low vehicles volumes. The northern driveway intersection is not projected to experience adverse delay under Two-Way-Stop-Control (TWSC) with the shopping center expansion. Five Cities Shopping Center Expansion 25 City of A"oyo Grande (25-1275-08lR833TSOO2.doc) --- '----'" "" ::! OW 'V..~ ~ >0 \ oz ce<C ceo:: <CG .- , z 0 - I- ::) m - ) "13 Q) c::: 'tJ l- S ... ... c en ~ i:! ~ i <- CC ~J ~ 0 I- :1 ... f2~ " .. z is ~. .. < << <( f- CD .... U LS ON't'lL!ll1O:J W r _.J-: 0 0 J ~ :!i >- 0 ..............1--1 ! .... c::: z - 0 Q. ---_._~ I 1 OAK PARK BL VD./ 2 WEST BRANCH STR./ 3 WEST BRANCH STR./ 4 RANCHO PARKWAY/ WEST BRANCH STR. CAMINO MERCADO-US 101 NB RANCHO PARKWA Y CAMINO MERCADO ~ ~ cO";:: L2(11) ~oo L 0(0) o. ~ID 0_ oo~ .....,.....,....., ,..,.... .....,....., _00 ~~ OlD j~l -0(0) j~l _ 4(18) L 28(78) j ~ ;-3(12) ;-3(12) j l -0(0) iti (5)2 J iti (25)9 J (O)OJ i t (17)6 - 00.... (0)0 i 001"1 (0)0 - (5)2 ~ ;:::.,;!., cON 'Oem "'ID -""'v ....., >oJ""" .....,.:. 5 WEST BRANCH STR./ 6 BRISCO RD./ 7 EL CAMINO REAL/ 8 EL CAMINO REAL/ BRISCO RD. US 101 NB BRISCO RD. HALCYON RD-US 101 SB !;' ~ -N":i L 11(32) ~ Lo(o) ~'" B.':'O' "'~~ N""" _00 _7(19) .....,N L 6(16) 01"1_ _ 0(0) 1n'0''CS _0(0) ;-0(0) j ~ ;- 0(0) .J~l ;- 0(0) j~l rO(O) (19)4- i i it (0)0 J iti (24)6 J iti (56)13i - 0 ~~ (0)0 - 5t~.st (0)0- IDOO N~ (0)0 ~ (17)4~ ~~~ ~O 0...... ONO 2,2~ !'-' .....,.... ....-....., ~ ...... 9 WEST BRANCH STR./ 10 RANCHO PARKWAY! 11 W BRANCH/ 12 W BRANCH/ GRAND AVE. DRIVEWAY DRIVEWAY WEST DRIVEWAY EAST ~ ...... "'~ ......~ ~~.... L6(17) ~~:: L3(11) ~...... 00_ 00 00 'CS'CS~ 'CSO' .....,....., _ 0(0) o - ~ _2(8) L 0(0) 00 L 0(0) .J~l ;-0(0) j ~ l r12(52) jl - 7(30) .Jl - 7(30) (0)0 J iti (0)0 J Iti (0)0 J (0)0 J (0)0 - (8)3 _ (25)9 - (25)9 - (0)0 ~ 000 (0)0 ~ ,g2!~ 2~~ o~~ ....-N "'''' >oJ....., .i .) , .-, NE....ORT 8RIOiTON ., ~I \I ~:}t~ STIt[ET ~ OOOSON WAY ASH I City of Arroyo Grande "PROJECT ONLY" TRAFFIC VOLUMES ~ ----- '" - 1 OAK PARK BL VD./ 2 WEST BRANCH STR./ 3 WEST BRANCH STR./ 4 RANCHO PARKWAY/ WEST BRANCH STR. CAMINO MERCADO-US 101 NB RANCHO PARKWA Y CAMINO MERCADO ~~ If)"'~ ~~ ~ ~I'- 0>"'.... -cD'" '" ,.., ~o ....00 -- -- - LI98(294) -t-...... L 4(12) 0>0> ~~ cD ___ '-' '-' co - .., "'-t'" ~~~ - ~ '-'", ",I'- Jxt +-16(38) j~l +- 170(327) Jt ~ 44( 463) j ~ r116(379) r 56(238) +-253(297) Iti (48)29 -.-J Iti (75)24 J (19)34 -.-J I t (496)148- N"'N (7) 3i U)~~ (260)70 - (29)29 i -t 0 -"'10 -00 N..,_ ~-;"~ -aJr;;- ~......~ COOl" .... ............ --.... -0100 N-t.... t!. '-' ...... ,-,...... 5 WEST BRANCH STR./ 6 BRISCO RD./ 7 EL CAMINO REAL/ 8 EL CAMINO REAL/ BRISCO RD. US 101 NB BRISCO RD. HALCYON RD-US 101 SB ...... ~~ ...... ~m ~~~ ......cD "'.......... NII'I ..,.'-"~ L 450(410) "''''0 L 6(19) ...... '-' ......-.... N(;;"_ ..,10 ~ ~~ 'i~s - 80(191) j! L 78(122) +- 83(91) _ 54(29) r 94(83) . 151(72) .J~l. .35(65) j~l. r 3(21) (137)91- I i It (34)12...,J Iii (235)151J Iii (515)118i '" - 0- (189)140 - ~~;n (24)41- Nl'-cD - I/') 01'" (84}36i (351}165 i ....I/')~ I')~ ....1'1 ii1 ~r::- -t ......0 ......1/') ~~ ......1/')'" cD 01 _cD .:!,~~ - "'...... ......... co cD .... '-' ~ N.... t!. ~ .... ...... ., 9 WEST BRANCH STR./ 10 RANCHO PARKWAY/ 11 W BRANCH/ 12 W BRANCH/ CRAND AVE. DRIVEWAY DRIVEWAY WEST DRIVEWA YEAST ...... ~~ co- ~ ~ -~~ 1/')- ;:)-m - .., 1'1"'.... -- ....~on L50(125} '.::.'~ g~ ...... 0.... ~'iO'~ L4(15) .........- N- ~-t NOI'I +-730(944} ... ~ CO _J(15} L 20(132} 1'11'1 L 67(88) j~l. .Jl. .Jl. r 9(8) j ~ l .23(125) +- 213(331) +- 201 (350) (105)30 -.-J Iii (57}12 -.-J Iii (100}35 -.-J (64}22 -.-J (767}355 - (51)4 _ (251)105 - (296)99 - (0)5 ~ ~~~ (141)60i ",,1'1 " CO 1'1 ~............ ...... .......... NI'I- 0"'11'1 N-- ...... ............ xxx - ) " ! '! , HE'llPORT BRIGHTON .j / G:1 - ~OOOSON WAY ASH S11tE[T / City of Arroyo Grande SHORT - TERM PLUS PROJECT TRAFFIC VOLUMES ~ no: TUI~.dwt (lZ2004) 25-'17$-01 1 OAK PARK BLVD.! ~C WEST BRANCH STR.! ~ WEST BRANCH STR./ 4 RANCHO PARKWAY/ WEST BRANCH STR. CAM/NO MERCADO-US /0/ NB RANCHO PARKWAY CAMINO MERCADO ~~ ~ ~ '" ~~ ",01\0 o~~ ~II'> ~O ........... ~~... '" ..... ~~ ......,-,,~ LI99(308) ~"'-to L17(40) ~~ ~ "'...... ~~~ '-"'-" "'0- ...... '" ",-to ...",,,, +-187(325) ~ :!: "'''' )~l +-30(70) )~l LI65(395) .J ~ rI44(443) r 61(255) j l +-305(370) It! (104)66...J It! (50)19...J (32)49...J it (465)149 --. (75)42. ..... '" ~ (38) 6. 00'" (340)95 --. "'''' ",1')0 ",,.,~ ...~ .......... :::"0"0' 'NNfD ~1l) 11'>...<'1 lOll} "'<0'" ...'-"~ ~.:::. ...",Il) ~ ................. ~ WEST BRANCH STR./ ~ BRISCO RD./ !) EL CAM/NO REALI ~ EL CAMINO REAL/ BRISCO RD. US 101 NB BRISCO RD. HALCYON RD-US 101 SB ~ ~~ ~ ~g og~ ~,.., ........1') ~~~ ....CD U')'~~ L 458(410) LI4(35) or:: ,,<'I~ ,..,...U')' +-115(235) 1011'1 L106(140) CD~~ +- 97(96) ... ,..,~ +- 55(25) rI35(105) )! rl56(107) )~l r 34(69) .J~l r 4(32) (185)108--' i i it (60)16 J It! (259)159...J It! (530)150. .... 0 CD'" (194)155 --. ....."'''' (26)45 - "''''~ .... <0 "'1') (110)40~ ~........ (356)175. U1CO;:" I') ~ .11'1.... ......"'~ .....~Il) ~g ~...... '" ......<'1 ......11'>'" 11'111'> 11)110... CD....." .... ~ ........ '-"-..... ... " ~..... "'..... '" '" ........... " 'o.J 9 WEST BRANCH STR./ 10 RANCHO PARKWAY/ 11 W BRANCH/ 12 W BRANCH/ GRAND AVE. DRIVEWAY DRIVEWAY WEST DRIVEWAY EAST ...... ...... -;- 'in~ $,;" .......... 01 ......... ~N_ "'~ 11)0110 L 75(157) L 2 (5) "oJ..... g~ "'o.J" "CS"II'I ,... 0 :; :: \n' "'..... ~~ ,..,011'1 +-786(1012) __ 2 (8) N- L25(137) L72(137) )~l rO (0) .J~l r 14(80) .J l +-236(350) .Jl +- 224(350) (141)47 J it! (60)14...J It! (105)40 J (74)27 J (840)397- (43)2 _ {J60)126- (366)120- (0) O. ~~~ (145)53. "'1100 ..........N "'0'" ......~~ "~,, 11'1"'11'1 -"'0 N_~ 'o.J.......... N{IIPORT 8A1CHTON i \.,j }!~~J SO<XISON WAY ASH STRUT / City of Arroyo Grande Fi 9 u r e 10 2025 CUMULA T'VE TRAFFIC VOLUMES 1r Fk: IU3T111o.dw9 (f2~) 25-121$-01 -- CUMULA TIVE BASE No PROJECT TRAFFIC OPERATIONS Intersections Cumulative Base No Project peak hour intersection traffic operations were quantified utilizing the Cumulative Base No Project peak hour intersection traffic volumes, shown on Figure 10, and existing network lane geometries and control, with the exception of Intersection 2. Table 10 contains a summary of the resulting intersection LOS conditions. TABLE 10 CUMULATIVE BASE NO PROJECT CONDITIONS: INTERSECTION LEVELS OF SERVICE .,....---. ,Y:':'.""'.~;-. .---;... . ,--,-:'''':~' > ,::",~"... ~'--'N" ~~'1'T~ --,. -c- -""-", f.i~~...r,;r -;;;~~: ;'-""" -~;r t: :l_"".~' 1:"""""F"~~1"" ~" ';;4,f:r. ~'J t'iP:tt"'......~ . -{ 'I ,4; -'.;, 014<< 1> ~ ~ ~ I, \~ f - ~,~! .:..l1 t";..;./'.,. "t ~:."- ~ ~.'" ',...... .~. .po ~.", . ;'i'~' -. --"-..-......--- "'--.__.~-_.~.- u. .... - .-1____ .'i~W~.~:~i,~"'",..~_.~;. ~:'1 "~4' ~;L~~~~ ~~'~'~~!~~:',!~}~4~-"~~"'=^"~~!:.""~1~1 ~-" -..-- - ~ 0' -, ,",,~ '.. '..- o~' ~m ".",,-, ~ E:'" '-., " . "1" ,. te ,. ,',,;'hl." ~';' "'~1. 1 "I!'" ~>, . j,.1~": 'j 'I.. "':>iM ..,o.'._,.u',....,_____. :&.~'f;.j,.~ t:..;.. j:;.L..i~.~ .';!;;.w.. ~..... ~",~",,~Wlto. ~"""_"'"'_ ~ I Oak Park Blvd / West Branch St Signal 18.8 B - 33.2 C - 2 West Branch St / Camino Mercado - US 101 NB Signal 11.5 B - 41.1 D - 3 West Branch St / Rancho Parkway Signal 8.7 A - 16.6 B - 4 Rancho Parkway / Camino Mercado TWSC 9.9 A No 10.7 B No 5 West Branch St / BrIsco Rd Signal 25.2 C - 35.2 D - 6 Brisco Rd/US 101 Northbound Signal 21.5 C - 31.5 C - 7 EI Camino Reali Brisco Rd Signal 28.0 C - 43.4 D - 8 EI CamIno RealI Halcyon Rd - US 101 SB Signal 56.4 E - 59.8 E - 9 West Branch St / Grand Ave TWSC 29.8 D No 635.8 F Yes 10 Rancho Parkway / driveway TWSC 11.4 B No 48.4 E No II West Branch St / driveway west Signal 11.0 B - 17.0 B - 12 West Branch SI / driveway east TWSC 11.0 B No 16.1 C No Note: LOS - Minor Street Approach Level of Servicefor lWo-Way Stop-Controlled intersections LOS - Overall Average Intersection Level of Service for Signalized and All-Way Stop-Controlled intersections Delay - Minor Street Approach Delay for Two-Way Stop-Controlled intersections Delay - Overall Average Intersection Delay for Signalized and All-Way Stop-Controlled intersections TWSC - Two-Way Stop-Controlled Intersection A WSC - All Way Stop-Controlled intersection Warrant - MUTCD Peak Hour Volume Warrant-3 (Urban Areas) As indicated in Table 10, the West Branch StreetIBrisco Road intersection, the EI Camino Real intersection at Halcyon RoadlUS 101 Southbound ramps, the West Branch Street/Grand Avenue intersection, and the Rancho Parkway/driveway intersection are projected to operate at an unacceptable LOS during at least one peak hour under Cumulative Base conditions. The West Branch Street/Grand Avenue intersection also satisfies MUTCD Peak Hour signal warrants during the PM peak hour, indicating that the peak hour volume at the intersection approaches will be large enough to warrant installation of a traffic signal. The remaining study intersections are projected to operate at an acceptable LOS. All circulation improvements are discussed in a subsequent section of this report. Five Cities Shopping Center Expansion 32 City of Arroyo Grande (25-1275-08lR833TSOO2.doc) CUMULATIVE BASE PLUS PROJECT TRAFFIC OPERATIONS Cumulative Base Plus Project conditions have been simulated by superimposing traffic generated by th~ proposed project onto Cumulative Base NoProject intersection and roadway traffic volumes (Figure 10). The resulting Cumulative Base Plus Project traffic volumes are illustrated on Figure 11. Intersections Cumulative Base Plus Project AM and PM peak hour intersection traffic operations were quantified utilizing the Cumulative Base Plus Project peak hour intersection traffic volumes (Figure 11) and existing lane geometries and control as shown in Figure 2 (excepting the proposed signal at study intersection 2) at the study intersections. Table 11 contains a summary of the resulting intersection LOS conditions. TABLE 11 CUMULATIVE BASE PLUS PROJECT CONDITIONS: INTERSECTION LEVELS OF SERVICE ~\;~...,-,. _ A,...i~T~~~~~~mw:9iiI,;;,-. -. "J!~~"\~~>ZT-~-'~'" ~..\~~:- J"~~' ,i?~~F~Ii:'~'"'~~.. '.fr""'" " .It I~H.~".~~ .'t' " "~-,,," J" : ~"' _~l .&,~~~"".. ~i__;.:.I.......,..._. ,p ..,.~.e~A.- ::f"".:-'.;:.,t:'~';"".7~~~:).;.."'$':;'{i;4~'iJ;~:. "'-J~~"'''''-''':::'''''''''''''~ -~~T\\J~;'!-'~~,?"'" ~-H"~V-7' ""~ ~I~"i.-, ,,':; .~' i?It,';~.."~_ --;,$"', : l.~(:,!,~.. " , '}-', '. ,'.i!~q> .... "1 :""~ ~ !;; "1' 1>~';'~I';' ", f , A'I': ~~"'j(\ ~ Jf',..... if>~, .jt"'!r: "'.~" 1~ 1, , ,,,{..to."_. "fro it _s..J:,._..,~,,_ ,,____._t:~,~L,_. .. ~.I. ...~....w. _~..~~...~~ _'"" ."","",";i..._~.~ I Oak Park Blvd I West Branch St Signal 18.9 B - 34.6 C - 2 WestBranchSt/CaminoMercado-US 101 NB Signal. 11.7 B - 42.8 D - 3 West Branch St I Rancho Parkway Signal 10.5 B - 21.0 C - 4 Rancho Parkway I Camino Mercado TWSC 10 A No 11.0 B No 5 West Branch St I Brisco Rd Signal 20.4 C - 43.0 D - 6 Brisco Rd I US 101 Northbound Signal 20.7 C - 35.8 D - 7 EI Camino RealI Brisco Rd Signal 26.3 C - 56.1 E - 8 EI Camino RealI Halcyon Rd - US 101 SB Signal 55.4 E - 64.4 E - 9 West Branch St I Grand Ave TWSC 31.5 D No 842.2 F Yes 10 Rancho Parkway I driveway TWSC 11.7 B No 126.9 F Yes 11 West Branch St I driveway west Signal 10.8 B - 16.7 B - 12 West Branch St I driveway east TWSC ILl B No 17.0 C No Note: LOS - Minor Street Approach Level of Service for Two-Way Stop-Controlled intersections LOS - Overall Average Intersection Level of Service for Signalized and All-Way Stop-Controlled intersections Delay - Minor Street Approach Delay for 7Wo-Way Slop-Controlled intersections Delay - Overall Average Intersection Delay for Signalized and All-Way Stop-Controlled intersections TWSC - 1\vo-Way Stop-Controlled Intersection A WSC - All Way Stop-Controlled intersection Warrant - MUTCD Peak Hour Volume Warranto] (Urban Areas) As indicated in Table 11, the West Branch Street/Brisco Road intersection, the EI Camino Real intersection at Halcyon Road/US 101 Southbound ramps, the West Branch Street/Grand Avenue intersection, and the Rancho Parkway/driveway intersection are projected to operate at an unacceptable LOS during at least one peak hour under Cumulative Base Plus Project conditions. Similar to Cumulative Base No Project Conditions, the West Branch Street/Grand Avenue intersection satisfies MUTCD Peak Hour signal warrants during the PM peak hour, indicating that the peak hour volume at the intersection approaches will be large enough to warrant installation of a traffic signal. The remaining study intersections are projected to operate at an acceptable LOS. All circulation improvements are discussed in the following section of this report. Five Cities Shopping Center Expansion 33 City of Arroyo Grande (25-1275-08/R833TSOO2.doc) -"_._- 1 OAK PARK BL VD./ 2 WEST BRANCH STR./ 3 WEST BRANCH STR./ 4 RANCHO PARKWAY/ WEST BRANCH STR. CAMINO MERCADO-US 101 lYB RANCHO PARKWAY CAMINO MERCADO ~~ ~ - "'~ ~ 0> '" .... "'~~ ~ 0> ~'" .... N'" - '" '" .... coo '-'~- L201(319) ::N-.;- L 17(40) ~.:';. -N '" -~ ~tn'U;' ~'-' o co '" '-' '" "'0 J!t +-30(70) ...."'- +- 191(343) .... '" "'0> j~l .... - L,93(473) j ~ rI47(455) r 64(267) j l +- 305(370) Iti (109)68 -3 Iti (75)28 -3 (32)49 -3 I t (482)155 _ .... "'''' (38) 6 ~ 00'" (340)95 _ (80)44 ~ ........ "''''0 cn"'- ~~ "'....N ::="'Oco NNa) "'N'" r:::.:: 0> co'" ....~~ .:::.~ ~~!!. ~ 5 WEST BRANCH STR./ 6 BRISCO RDi 7 EL CAMINO REAL/ 8 EL CAMINO REAL/ BRISCO RD. US 101 N BRISCO RD. HALCYON RD-US 101 SB ',:1 ~~ ~ -"'~ ~'" ~co ore.... ~ Cr:: "'''' N~ ....~'-' L469(442) LI4(35) ~........ '-' 0> "'....0 CiS'~'::' -'" +-122(254) "'''' L112(156) "'_1'1 +- 97(96) "'I")~ +- 55(25) rI35(105) j ~ rI56(107) j~l r 34(69) j~l r 4(32) (204)112- I i It (60)16.......J Iti (283)165 -3 Iti ~i (586)163~ (194)155 _ (26)45 _ d '" 0 "'0 ...."'0> "''''- .,', .... co ....... (110)40~ -co.... (373)179 ~ U)QO':::" '" ~ ",.", ~"'~ ....~... c;;-S -.~ :8 _.N ~"'''' "'....'-' "'0> '-'~~ "'~ 0> _ ....- ~~ ",,,, C C ~'-' __J 9 WEST BRANCH STR./ 10 RANCHO PARKWAY/ 11 'II BRANC~ 12 'II BRANCH/ GRAND AVE. DRIVEWAY DRIVEWAY EST DRIVEWAY EAST -.~ -.-. ...- ~ ~ ....co co:: co. 0> ~O> ........~ - '-' I/)ocn L81(174) ,-,,,,,,, L5 (16) ......... ~~ 'j:::'-~ .... '-' - ~- ... '" '-' ~~ "'0'" +-785(1012) ~ 0> +-4 (16) L 25(137) L 72(137) j~l rO (0) j ~ l r 26(132) jl +-243(j80) jl +- 231(380) (141)47 -3 Iti (60)14 -3 Iti (105)40 -3 (74)27 -3 (840)397 - (51)5 _ (385)135_ (391)129 _ (0) 0 ~ ~;::..!l.. (145)53 ~ "'....co !::...5!t~ ~.8.~ I/)....CO -COI/) N__ ............... XXX - .'1 "1 j NEI'IPOIIT BRlCHTON d / .J ~~):::.~ - iOOOSON WAY I ASH STREET / City of Arroyo Grande Figure 2025 CUMULATIVE PLUS PROJECT TRAFFIC VOLUMES1]> no: TllJJTGI1....., (1U004) 2S-IZ7S-aa _n~ RECOMMENDED CIRCULATION IMPROVEMENTS This section presents recommended base improvements as well as project-related mitigation measures at the study intersections based on the findings from the analyses presented in the prior sections of this report. A summary "Mitigation Matrix" of intersection LOS Under all analysis scenarios (without and with improvements) is attached as Appendix Table 1. Existing Conditions The following improvements are recommended under Existing Conditions: 2. West Branch Street / Camino Mercado/US 101 Northbound Ramps Interchange - This intersection currently operates at LOS "E" during the PM peak hour period under existing peak hour conditions with existing lane geometrics and control. The required circulation improvement suggested is consistent with the current City of Arroyo Grande Capital Improvement Program (FY 2003-2008), which recommends traffic signal installation at the intersection. With this improvement, acceptable LOS "C" or better is projected for AM and PM peak hour periods under existing traffic volume conditions. Understanding the potential difference in weekend conditions, this mitigation will be adequate to achieve acceptable LOS on weekends as well. 9. West Branch Street / East Grand Avenue Intersection - This intersection currently operates at LOS "F" during the PM peak hour period under existing peak hour conditions with existing lane geometrics and control. The proximity of this intersection to both the US 101 northbound ramp intersection to the west and the Traffic Way intersection to the east along Grand Avenue makes signalization of this intersection problematic. The City has expressed its desire to retain the unique character of the downtown area, which would be adversely affected by intersection signalization and/or widening. Traffic signal instailationand coordination at the intersection could achieve acceptable LOS "B" or better conditions for the AM and PM peak hours under Existing Conditions. However, a detailed traffic analysis for actual implementation is needed, given the close intersection spacing along Grand A venue, to detennine the appropriate mitigation solution. The LOS at this intersection is dictated most significantly by home~to-work commuters and therefore does not experience significant effects from weekend Five Cities Shopping Center trip generation. Understanding the potential difference in weekend conditions, although this proposed mitigation will be adequate, further study is still suggested to identify the most appropriate mitigation. 10. Rancho Parkway / Shopping Center drivewav- This two-way stop controlled intersection currently operates at LOS "D" during the PM peak hour period under existing peak hour conditions with existing lane geometries and control. The traffic volumes at the intersection do not satisfy MUTCD Peak Hour signal warrants. Two chief factors were considered when detennining the optimal mitigation measure at this intersection. First, the intersection is located approximately 300 feet north of the Rancho Parkway / W. Branch Street signalized intersection. This close proximity limits the vehicle storage of queued vehicles at either intersection. Second, the Rancho Parkway / Shopping Center driveway intersection is located at the crest of a steep vertical curve. The vertical curve affects the speed of vehicles ascending and descending the hill. the sight lines of ascending vehicles, and the safety of stopped and queued vehicles. Several alternatives were considered for intersection mitigation. Converting the Rancho Parkway / Shopping Center Driveway intersection to All-Way-Stop-Control (A WSC) was considered but discounted because of the close proximity (300 feet) between the proposed A WSC and signalized intersections. The traffic flow patterns of A WSC intersections are such that large gaps between Five Cities Shopping Center Expansion 35 City of Arroyo Grande (25-1275-08/R833TSOO2.doc) vehicles are present as vehicles navigate through the intersection and reach the destination roadway segment. Such gaps would then interfere with signalized intersection operations, whicq require steady vehicle flow for maximum efficiency. Decreased safety for queued vehicles at the northbound Rancho Parkway approach along the steep incline was a secondary reason for discounting A WSC at the intersection. The use of a roundabout was discounted due to the limited sight lines at the intersection's location at the crest of a vertical curve. Roundabout operations are such that approaching vehicles yield to vehicles already within the roundabout. However, the limited sight lines at the intersection will likely interfere with the approaching vehicle driver's ability to recognize and yield to such vehicles within the roundabout. The considerable grade along the northbound segment also increases the likelihood for rapid vehicle acceleration up the hill, thereby interfering with safe roundabout operations. Several intersection channelization configurations were analyzed. Based on City staff input, the preferred intersection mitigation is installing raised medians in the Rancho Parkway Shopping Center Driveway such that left turns and through movements are prohibited from the east- and west-bound driveway approaches. All traffic from the driveway approaches wishing to make a left-turn or through movement would need to turn right and make a U-turn at the next available intersection. The median will allow vehicles approaching from the north- and south-bound Rancho Parkway approaches to continue making left-turns into the either shopping center area (e.g. Walmart- and Trader Joe's-anchored). By installing the raised median and widening the eastbound driveway approach, the following intersection configuration is fonned: . Northbound Rancho Parkway - one left-turn lane, one combination through-right turn lane. . Southbound Rancho Parkway - one left-turn lane, one exclusive through lane, one combination through-right turn lane. . Eastbound Driveway - one right-turn lane. . Westbound Driveway - one right turn lane. Figure 13 shows the recommended intersection layout. With this configuration, this intersection would operate under LOS "B" under Existing Conditions. The northern driveway into the Trader Joe's-anchored section of the shoppirig center would continue to operate as a standard TWSC ''T'' -intersection and is projected to maintain an acceptable LOS due to existing low traffic volumes. This mitigation is sufficient to address the increase in shopping center traffic on a weekend day as well. Short Term and Short Term Plus Project Conditions The Short Term scenario refers to the incremental traffic impacts attributable to near term projects within the study area circulation system under existing conditions. With the mitigations recommended under Existing Conditions, all project intersections under Short Term No Project and Short Term Plus Project Conditions operate at an acceptable LOS, and no additional mitigations to improve intersection traffic operations are recommended. Five Cities Shopping Center Expansion 36 City of Arroyo Grande (25-1275-08/R833TSOO2.doc) -~_._- -~~- -~ \ \ \ i \ ! ~ ~ 37 Five Cities Shopping Center Expansion (25-1275-08/R833TSOO2.doc) City of Arroyo Grande 2 WEST BRANCH STR./ 9 WEST BRANCH STR./ CAMINO MERCADO-US tOt NB GRAND AVE. ~ rn , .J 1 , :._.; NE....ORT 8RtGHTON ~ iOOOSON WAY \:;.~5 ASH STREET / City of Arroyo Grande Figure 12 RECOMMENDED MITIGATIONS 9 no: Tl3JN'Z...... (112004) 25-1275-01 -t .~..~......jY. > "' . . ; ."'1;, '. \t.. '.....~. L . ~.~. .iIr!. . .""",.. . .N . .'~, ..,'1> ~". ... t&.... ... \... ,:Li.."~~',> _:'~"Y . p ... J ,*,0 ~ "..;W ...,..i<.:..;J<...~.,. 1. :....~, - ..;:, '. .', . -'. .~ ~'.'. : 'i ~~ .~. r $ ~~~ . j'''' J......1!I" '"';.. r.' ,'", '" f^ ' - ......ift. i :'r? ' '.~ ~ '. .. ~ ~ . ~ 1. , 'f' "~';""v '!" t_. .;_,l~ 'W; .~ 'i 4. ~ .~ ... '.:..1' 1:1 ,~ '~'1 ~ "'''''~ ''f .... ... I."'" .t. ;'.1 ~ " ,. . - . .." II . . . .' Cumulative Base and Cumulative Base Plus Project Conditions Cumulative Base conditions establishes a baseline cumulative condition scenario in which the proposed Five Cities Shopping Center expansion site is assumed to remain undeveloped (i.e. a "vacant" project site) through year 2025, and year 2025 model land uses are assumed elsewhere based on a full build-out of vacant lands per the City of Arroyo Grande General Plan. The long-term future year traffic forecasts for this study have been developed using the City of Arroyo Grande traffic model. Consistent with the City of Arroyo Grande's future traffic model, Year 2025 has been used as the "cumulative year" of analysis. 2. West Branch Street / Camino Mercado/US 101 Northbound Ramos Interchange - This intersection is projected to operate at LOS "D" during the Cumulative Base No Project and Plus Project Conditions with intersection signalization recommended under the current City of Arroyo Grande Capital Improvement Program (FY 2003-2008). Widening the southbound approach to allow for one right-turn lane and one left-through lane is projected to allevaiate delay to acceptable "cusp of LOS 'C/D'''. Intersections 5, 6, 7 and 8 under Cumulative Base and Cumulative Base Plus Project conditions, all within or directly adjacent to the US 101 ramp intersections, are projected to operate at unacceptable LOS during the PM peak hour period with existing lane geometrics and control. Note that due to the close proximity of the Brisco RoadlEl Camino Real, Brisco RoadlUS 101 NB ramps,. and Brisco Road/West Branch Street intersections, the traffic signals must be coordinated to allow for proper traffic flow along Brisco Road beneath the underpass. Therefore, "unacceptable" delay at the EI Camino Real/Brisco Road intersection essentially imposes the same "unacceptable" delay on the Brisco Road/US 101 interchange, etc. Required circulation improvements recommended to achieve acceptable LOS at these intersections are consistent with the approved Project Study Report (PSR) for interchange improvements on US 101 at Brisco RoadlHalcyon Road (Dokken Engineering, September 2001). The original traffic study performed for the then-proposed Grande Plaza shopping center (ATE, 1996) stated that intersection deficiencies could be effectively mitigated on a short-term basis with the construction of the shopping center. However, alleviating unacceptable delay on a long-term basis was projected to be reliant on the reconstruction of the US 101 interchange at Brisco Road. Because intersections adjacent to the interchange are already exceeding Caltrans-accepted "cusp of LOS 'C/D''', it is imperative that the improvements be performed. While the proposed Five Cities Shopping Center expansion will contribute to further deficiencies at US 1 0 1 interchange intersections, it is expected that such deficiencies will be resolved as long as the City is active in moving forward with the near-term modification of the US 101/Halcyon RoadlBrisco Road interchange. The remaining study intersection are projected to operate at acceptable LOS during the AM and PM peak hour periods under Cumulative Base and Cumulative Base Plus Project conditions with the mitigations recommended under Existing Conditions (Figure 12). Five Cities Shopping Center Expansion - Wells Fargo Bank The proposed Five Cities Shopping Center Expansion was analyzed in a single phase with both the projected occupancy of the currently vacant 4.55 KSF retail space and the construction of Pad 1. The occupancy of the vacant retail space, proposed for a Wens Fargo Bank, is projected to result in 315 new daily, 8 AM new peak hour, and 33 PM new peak hour trips. The increase in trips resulting from the bank was considered in the TIS; the actual patronage of the bank would likely be higher when considering patronage by shopping center customers that already travel to the project site to fulfill other shopping Five Cities Shopping Center Expansion 40 City of Arroyo Grande (25-1275-08lR833TSOO2.doc) needs. The following section describes the projected impact on peak hour intersection operations resulting from the bank. Short Term Conditions - The West Branch Street/Camino MercadolUS 101 NB ramp, West Branch Street/Grand Avenue, and Rancho Parkway/driveway intersections are projected to operate at an unacceptable LOS during at least one peak hour period under Existing and Short Term No Project Conditions. The improvements listed for Existing Conditions are expected to reduce delay such that an acceptable LOS is achieved. Intersections projected to operate under acceptable LOS are projected to continue doing so with the addition of the proposed project. If Pad I is not developed and the existing vacant retail space is occupied by a bank tenant, the additional 8 AM and 33 PM peak hour trips are not projected to noticeably increase delay and congestion at the deficient intersections beyond their current levels. However, since deficient conditions at study intersections are projected without the addition of project traffic, the mitigation measures are recommended regardless of whether the retail space is occupied and the Pad I expansion is implemented. Cumulative Conditions - The West Branch Street/Brisco Road, EI Camino Real/Halcyon RoadlUS 101 NB ramp, West Branch Street/Grand Avenue, and Rancho Parkway/driveway intersections are projected to operate at an unacceptable LOS during at least one peak hour period under Cumulative No Project Conditions. The EI Camino Real/Brisco Road intersection is projected to operate at unacceptable LOS with the addition of project traffic during the PM peak hour. The improvements listed for Existing Conditions and the expected US 101 Interchange PSR are expected to reduce delay such that an acceptable LOS is achieved. If Pad I is not developed and the existing vacant retail space is occupied by a bank tenant, the additional 8 AM and 33 PM peak hour trips are not projected to noticeably increa,se delay at the intersections projected as deficient under Cumulative No Project Conditions. The EI Camino Real/Brisco Road intersection is not projected to require mitigation under Cumulative Conditions with the addition of the bank traffic alone. Five Cities Shopping Center Expansion 41 City of Arroyo Grande (25-1275-08/R833TSOO2.doc) APPENDIX INTERSECTION LEVEL-OF-SERVICE SUMMARY ("MITIGATION MATRIX") LEVEL OF SERVICE AND TRAFFIC SIGNAL WARRANTS WORKSHEETS -' C') C') co l- I "I on "'! 0, .. S' ~ .. ~ .. 0, ~ .. ~ .. ..: J ::;j ... .... 1S'e:J .. .. .. .. .. .. .. ,('eM:JA\JP /1S IpU'eJg 1s:JM 5 = = = = = 9 = = = t.J t.J ~ .. ~ "I 0, ~ S' ~ ~ 0, 0, I"': ! g, .. .. J ~ ~ ~ 1S:JM .. .. .. .. ,('eM:JA!!P /1S \pU1!Ja 1s:JM 5 = = = = = 9 = = = = = S' "'I "I "I ~ ~ S' .. .. 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"I .. .., '" ~ ,,~ ~ .. .. .. ~ ~ ~ ~ ::\ ;. ~ ~ 8. > 1S q:>uUJ9 J .. - - ~ - "" "'- U. 1S:JM / pAI9 'IIUd 'IUO 5 5 s ~ 1 = = = => => u u u u u .~ ~ a:: ~ ~ " '" " Q .~ :.c ,., 1:; ~ ~ X " " " ~ ;: ~ ; :: '" 1 t .~ ~ ~ c; ,.... g 'E .~' t r.c. ~ ,- g g ~ ~ \.J e S < .g g ... 'g j ~ ~ ~ ~ .. ~ ... "" ... .~ ... "" ... "i; ~ ~ 'S "" "" "" .~ '::J ~ - ~ '::J ~ (Ii ~ i ~ c Z ~ :€ ~ :€ ~ :€ ~ .~ ~ S! E ~ .s ~ .s .s ~ 0 !. !. !. S ~ ~ ~ '2 'i 't, g !, ~ .s ~ ~ t g ,.... 0 ~ t t t t t t t .~ ~ CII (Ii t t .~ .~ t t .~ .~ CII ~ t ... .~ " t t .~ .~e..g~ .~ " .~ .~ .".. .~ .~ o'€ ~ ~ E "" I: I: .~ .~ .t I: e t 8 ..,., I: ;;> Q ~ e e ... ... .t ... ... g ~. e .t ... .t ... .~ 5 E E ~ ~ ... ... .. .. ... ';! .. ... .. .. ... .. ~ E! t := .s ~ ~ .! .! ~ ~ " .s ~ ~ ::s " ~ ~ " .t ,.... ~ !, "'- ... Ci: Ci: ~ ~ a::,Ci: Ci: .., ~ .- ~ E i 4( E E E E .. .~ " .~ E E E E " .~ " .! ~ 'i ~ .~ .E: .E: 4( .E: .E: ~ .5: .~ ~ ~ ~ ~ .'9 .'9 ] .'9 ~ .5 .. ~ ~ ~~ .s Q "'- ~ " "I::. ~ oS ~ .~ ] .1;; I: I: I: I: ! ~ ~ ::s .~ I: I: I: I: ~ " -s -s ~ ~ ~ ~ ~ ! .1;; " ~ " ~ ~ ~ ~ Q ~ ::s 10 l1 ~ Q ~ Q Q 4( ~ va ~ ~Oi a a " o ~ 'if .5 v v 11.b. MEMORANDUM TO: CITY COUNCIL TERRY FIBICH, DIRECTOR OF BUILDING AND FI~ FROM: BY: JON ANSOLABEHERE, INTERIM NEIGHBORHOOD SERVICES COORDINATOR $.4- ---- SUBJECT: CONSIDERATION OF APPROVAL OF CODE ENFORCEMENT CITATION PROCESS DATE: FEBRUARY 8, 2005 RECOMMENDATION: It is recommended the City Council approve the proposed Code Enforcement citation program. FUNDING: There is no direct increSlse in City costs related to the code enforcement citation process. The Code Enforcement citation program will provide some revenue to the City's General Fund. DISCUSSION: Backqround At the June 8, 2004 regular Council meeting, the City Council approved a reorganization of the Code Enforcement Program designed to both reduce costs and improve service. Included in the reorganization was a recommendation. to institute a citation process to improve compliance with code enforcement violations. After researching implementation of this recommendation, it has been determined that appropriate authority curren,ly exists within the Municipal Code. However, staff would like to obtain approval from the City Council with regard to . the proposed process before incorporating it into the City's ongoing practices. Therefore the purpose of this report is to outline the proposed procedure, seek Council authorization to implement the citation process, and to update the City Council on the status of overall implementation of the code enforcement process reorganization. - --~-'~~---'--'-' -------.'.,,-- -- ----.._--- CITY COUNCIL CONSIDERATION OF APPROVAL OF CODE ENFORCEMENT CITATION PROCESS FEBRUARY 8, 2005 PAGE 2 The purpose of the City of Arroyo Grande's Code Enforcement program is to promote, protect and improve the health, safety and welfare of the citizens; encourage economic vitality and business activity of the City's business community; protect property values and investments within the City; and to help preserve the environment and unique character of the City of Arroyo Grande through an effective enforcement program. The Code Enforcement program for both the City of Arroyo Grande and the City of Grover Beach is run through the Fire Department, utilizing Fire Department personnel, twenty-four hour seven day-a-week work schedule, and equipment such as badges, uniforms, and vehicles. To reinforce the Arroyo Grande-Grover Beach Fire Department organizational link, both cities are offering the community similar code enforcement programs with standard forms and processes. The City of Arroyo Grande's enforcement program is supplemented by the Community Development and Police Departments. Status Previously, Code Enforcement was conducted by a full-time Code Enforcement Officer, which has been changed to a part time position and titled as a Neighborhood Services Coordinator. The Neighborhood Services Coordinator assists the Fire Department in code enforcement and other community programs. The Interim Neighborhood Services Coordinator has compiled and reviewed all active and pending code enforcement cases. Each case has been investigated to determine compliance or violation, as well as to address any needed follow-up correspondence with complainants or thank you letters to property owners for voluntarily resolved cases. According to the previous code enforcement computer database and paper filing system, the City had eighty (80) active code violation cases on record when the program was restructured. Through investigating each case, thirty-four (34) of the cases were determined to be compliant. Fifteen (15) cases were determined to be problematic and with alleged code violators unwilling to cooperate voluntarily, which have been referred to the Interdepartmental Task Force and await .citation implementation prior to further enforcement. The remaining thirty-nine (39) cases have, or soon will, achieve compliance. The City has also addressed thirty-seven (37) new code enforcement violations with twenty-five (25) cases determined to be compliant, and is awaiting compliance from eight (8) cases in the near future. In addition to these cases are building code violation cases, such as converted garages and illegal secondary units, for which strategies for abatement are being developed. - ------------- CITY COUNCIL CONSIDERATION OF APPROVAL OF CODE ENFORCEMENT CITATION PROCESS FEBRUARY 8, 2005 PAGE 3 Public Education A number of common problems have been targeted to be addressed proactively through public education rather than enforcement. These programs are also directed to educate the community about the City's Municipal Code, how the code affects the community, and describes the different programs available to the community. These efforts will address common problems that can be mitigated effectively and inexpensively if the community is given proper information regarding the City's rules and regulations. For example, tri-fold pamphlets have been made to address fence and wall issues and business signage issues. Additionally, the business signage pamphlet will be given to all those who receive a business license. An informational door hanger has been developed to address basketball hoops and other right-of-way obstructions. These informational pamphlets are an example of the City's focus on code enforcement as a community service program. Additional educational programs will be developed in the future, which will utilize the City's community outreach resources. Code Enforcement Procedure The City of Arroyo Grande's current code enforcement program is citizen complaint driven, which involves enforcement cooperation between the Police, Fire and Community Development Departments and the Neighborhood Services Coordinator. Initially, all complahits are channeled through the Fire Department for community safety triage assessment, and then directed to the appropriate enforcement agency. However, complaints received by the Police Department that pertain to their enforcement capabilities will not have to be channeled to the Fire Department. The Police Department is responsible for enforcing aU vehicle related codes, such as inoperable vehicles, parking on front lawns, etc. Community Development assists in enforcement for zoning related issues. The Fire Department is responsible for the initial response, as well as first and second follow-up inspections for most other municipal codes, including the uniform codes. The Neighborhood Services Coordinator is responsible for overall coordination of the program and response to most cases not resolved by the second inspection. All cases directed to the Fire Department are recorded using a paper based "Incident Tracking Form" (Attachment A). Ongoing tracking is achieved by a computer-tracking program. The computer based tracking program can store all personal information, notice letters, pictures, and other necessary information about each case. A multiple subject search will allow case retrieval. The computer based tracking program can also produce a variety of comprehensive or specific code enforcement reports for review. Additionally, the computer- tracking program will use Assessor's Parcel Numbers ("APN") to account for City ---....--- .--~ CITY COUNCIL CONSIDERATION OF APPROVAL OF CODE ENFORCEMENT CITATION PROCESS FEBRUARY 8, 2005 PAGE 4 time for violations found in redevelopment areas, which qualify for Community Development Block Grant funding. The code enforcement program relies. heavily upon voluntary compliance by violators. By approaching each code enforcement violation as a community service program, which provides the violator with the necessary information about City laws and regulations and directs the violator(s) how to take the necessary actions toward compliance, the City can work with the violator on a professional and respectful level to voluntarily bring his/her property into compliance with minimal intrusion. Initially, if possible, voluntary compliance is encouraged by informing the violator of the violation in person, and/or by giving the violator a 'Visual Inspection Notice" (Attachment B). The 'Visual Inspection Notice" informs the violator of the violation and establishes the timeline for compliance. An inspection of the property is conducted to determine compliance or violation on or after the date given by the 'Visual Inspection Notice." If the property is in compliance, then a "Thank You" letter (Attachment C) is mailed. If the property is. still in violation, voluntary compliance is encouraged by sending the violator up to three additional notice letters, as necessary, with each letter building upon the previous under circumstances of non compliance. Each notice letter provides a description and explanation of the violation, direction on how to fix the violation, and a reasonable timeline to bring their property/ business into compliance. 1) The first letter, (Attachment D) is considered a "Courtesy Notice" which is designed to be a friendly notice that reiterates the Visual Inspection Notice and does not include any language of further City abatement remedies. . 2) The second letter, (Attachment E) is a 'Violation Notice" that directly relates the person and their property to a specific violation. The language involved with this notice is more direct than the courtesy notice. 3) The last notice letter, (Attachment F) is a "Notice and Order to Abate" letter, which orders the abatement of the specific violation. This letter also indicates the City's options for further prosecution. As indicated by the June 8th, 2004 City Council meeting recommendations, an . Interdepartmental Task Force has been established to better facilitate compliance for problematic and/or sensitive code enforcement cases by utilizing each department's resources in the most effective manner, increase interdepartmental communication about community issues, and to provide a platform to discuss the overall code enforcement program. ~---- ---------- ~--_._..--._------ CITY COUNCIL CONSIDERATION OF APPROVAL OF CODE ENFORCEMENT CITATION PROCESS FEBRUARY 8, 2005 PAGE 5 Citation Process The City currently has the legal authority to abate a violation by a criminal citation, (Attachment G) and/or a nuisance abatement procedure. However, the criminal citation process has generally not been used in the past for code enforcement violations. The citations are specifically a notice to appear in court. The violator can admit guilt by paying and forfeiting the bail amount for the violation citation, as indicated in a routine court issued courtesy notice or by contacting the Court Clerk directly and fixing the violation to comply with the City Municipal Code. Otherwise, the violator may contest the violation by appearing in court at the date and time indicated on the citation and present their case. The court date and time for each citation will be determined by obtaining a court schedule from the Police Department prior to issuance of the citation. Payment of the citation does not permit the violation; rather the violator is simply admitting the violation exists and paying a financial penalty for not abiding by the local law regardless of ample City warning. Similarly, a person who breaks the speed law is not permitted to speed after he/she pays a speeding ticket. The violator is still responsible for compliance and still subject to further enforcement, such as nuisance abatement procedure or additional citations, which can be separately given for each and every day the violation exists. The Director of Building and Fire only issues a citation after the City has taken all reasonable steps to achieve voluntary compliance. The "Notice and Order to Abate" letter and an in-house meeting are the last steps of the code enforcement process to encourage voluntary compliance. A code enforcement citation is given in person to the violator and requires him/her to sign the citation. If the violator refuses to sign the citation, then the Director of Building and Fire may indicate on the citation that the violator refuses to sign and submit the citation to the court for prosecution. The fine amount for an infraction citation is one hundred dollars for the first violation with a one-year period, two hundred dollars for the second violation within a one-year period, and five hundred dollars for any additional violations within a one-year period. These citation amounts, or bail amounts, are the State pre-set bail amounts for Municipal Code violations cited as infractions. Under certain egregious circumstances the City will cite Municipal Code violations as misdemeanors punishable by up to $1,000 fine or by imprisonment in the city or county jail for a period not exceeding six months or by both such fine and imprisonment (A.G.M.C. ~1.16.010.A.). The City does have the option to adopt a bail schedule, via Council Resolution, which indicates specific bail amounts for specific violations. Since the citation is a notice to appear in court, the violator has the option to appear in court and present his case. The City may not need to have a representative at the initial court hearing, but will need to give a violation report outlining the case and the City's evidence. The City Attorney will approve the --------..- ..------ ,~-- CITY COUNCIL CONSIDERATION OF APPROVAL OF CODE ENFORCEMENT CITATION PROCESS FEBRUARY 8, 2005 PAGE 6 violation report before court submittal. If there are required additional hearings, then the court may require City Attorney presence. Nuisance Abatement Process Compliance by a nuisance abatement procedure requires a court order allowing the City to remedy the violation at the violator's expense. The court order allows the City to enter the property and take all reasonable means necessary to bring the property into compliance. Each of these enforcement procedures will be used on a minimal basis and, if possible, the Neighborhood Services Coordinator will arrange an in house meeting between the appropriate City personnel and the accused violator(s) to explain the situation, inform the violator of the City's available enforcement methods, and to possibly develop enforcement and abatement alternatives that mitigate City costs while satisfying Municipal Code requirements. Leoal Authoritv for Citation and Nuisance Abatement Processes The City Municipal Code authorizes the Director of Building and Fire to enforce and administer citations for violations of the Municipal Code. Due to the costs associated with the nuisance abatement procedure, the citation procedure will be the preferred method to obtain voluntary compliance. However, under certain circumstances where the citation process proves to be ineffective, or under ,circumstances that may adversely affect health and life safety of the public and community, an immediate abatement procedure will be the preferred abatement method. Section 15.04.050 of the Arroyo Grande Municipal Code (Attachment H), authorizes the Chief of Building and Fire, and/or his designee, to administer and enforce all provisions within the Chapter 15, and issue citations for violations of the City of Arroyo Grande Municipal Code. Section 16.08.100 of the Arroyo Grande Municipal Code (Attachment I), declares any violation of the Development Code (Title 16) is deemed a public nuisance and subject to enforcement remedies such as a citation procedure, or a nuisance abatement procedure, or both. This section also details the necessary procedural requirements for the citation and abatement processes as used by the City's current Code Enforcement process. Staff has prepared all necessary and proper forms, processes, and court arrangements to utilize these existing enforcement functions of the City Municipal Code and State Statutes. The citation and nuisance abatement procedures, as described above, are consistent with all legal applications of criminal Municipal .---- ~ CITY COUNCIL CONSIDERATION OF APPROVAL OF CODE ENFORCEMENT CITATION PROCESS FEBRUARY 8, 2005 PAGE 7 Code violations and will give the City of Arroyo Grande appropriate and legitimate leverage to properly apply City code enforcement. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staffs recommendation to initiate the proposed citation process; . Do not approve staffs recommendation; . Modify staffs recommendation as appropriate and approve; . Provide direction to staff. Attachments A. Incident Report! Tracking B. Visual Inspection Notice C. Thank You letter D. Courtesy Notice letter E. Violation Notice letter F. Notice and Order to Abate letter G. Citation Form H. Citation Section 15.04.050 of Arroyo Grande Municipal Code Enforcement I. Citation Section 16.08.100 of Arroyo Grande Municipal Code Enforcement ------.----.. ?i;, CITY OF ATTACHMENT A .-.... f: ~~i~' . . . . . c::;;".,,,,,.,,,.,, ....;."'a;",,...;;u;;;;,,::::z::; CITY OF ARROYO GRANDE ~~/J.;!'!~V, ",. "'g~~~J!~~'t~~: INCIDENT REPORT/ TRACKING ID# M'_-"'.' .. ......-.._ ADDRESS OF INCIDENT: REPORTING PARTY: Name: Phone #: Phone #: Address: Referred to: 0 Fire 0 Police 0 Neighborhood Services 0 City Manager 0 City Attorney 0 Other NATURE OF INCIDENT: INITIAL ACTION TAKEN (VISUAL INSPECTION NOTICE): Date: Date for Compliance: Case Status after Initial Action: 0 OPEN M.C. Section: o CLOSED Thank You Letter Mailed to RePOrtinQ Party: 0 Yes 0 No FOllOW-UP ACTION TAKEN (COURTESY lETTER): EVIDENCE/PHOTOS/DOCUMENTATION: 0 Yes 0 No Date for Compliance: Case Status after Follow-up Action: 0 OPEN -Refer to Violation Letter o CLOSED -Thank You Letter Mailed to Reporting Party: 0 Yes 0 No Handled by: Position: Continued: DYES DNO --,--~-_._~ - --~._,.- --'--'~"""----- CITY OF ARROYO GRANDE INCIDENT REPORT/ TRACKING CONT' ACTION TAKEN (VIOLATION LETTER- CERTIFIED MAIL): Date: Date for Com liance: Case Status after Violation Letter: 0 OPEN -Refer to Abatement Notice o CLOSED Thank You Letter Mailed to Reportin Pa : 0 Yes 0 No ACTION TAKEN (NOTICE TO ABATE-CERTIFIED MAIL): Date: Date for Com liance: Case Status after Abatement Letter: 0 OPEN - Refer to Citation Process! or Abatement Process! City Attorney o CLOSED - Thank You Letter Mailed to Reporting Pa : 0 Yes 0 No Citation: Amount of citation: Date issued: Date to pay: Citation paid: DYES ONO Notes: - -.----,...---- ----'---.,..-----.,'-----.- --- ~ ]'E: "1:1 .. 0 - > '- ~ cu... 0 "1:1 A TT ACHMENT B ~ ,5 ~ ~ E: ~ ~ ~ I:\, "'~ .s :S:p 'I) ,- cu -Q -5g. ..... l' ~ ~ '" .. Q.i 0 E: ~ ,~ ~ .. E:- '" -. l! ~ Q. u .gl:\, 1 \:I 0 ~ 0 ,~ o cu := d E: ~ .f:: ~ ~ ] -Q ~ ~.s c o .. -Q = '+:: '"0 ~ ~ - ~:::: ~ o bI) ~ ~ ,~ ~ 8 ~ !3 E: , o E! 'c> ... = a .. !\)' ~] s:;I..<E Ii:: I:\, '~l ... .. ~ Ii:: ~ .s .s ~ ~ Ii:: ~ I:\, 0- 0 ~ Ii:: "'" 0 '_ II) ~o ~ 'I) ... .. Ii:: ~ ,~ v;>... ~ ] ~ o~ ~] S \:I 0 ~ .!J~ ~ ::s ~ .... ., ... 'c> = ~ 'I) 2 ....;:: -Q'" ~ ,~ :=t '- ~~ c ~ .. .. ~ ~ ~ Ii:: Ie ~ Co. ~ .~ ~ ~ 'I) Ie .~ VI ri 0_ ~ ~ 0-5 > 0 ..,-s .. ~ Ii:: ,5 ii .., ... 00 'r; .. <IS .~ ~ ~ Ii:: ~:Ei oS 1ii .. I:\,~ 'S ,~ ~ ~ :=t ~~ Co. 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'c> = ~ 2 ~... ~ .., :=t '- ~~ 8- .~ ~ Ii:: t3 .. ~ ..;:: ~ .~ E: Ie ~ VI ! ~..;:: 0_ ~ ~ ~ 0-5 !II ... .. ~ E: .5 ~ .., 00 'r; <IS .~ ~~ ~ Ii:: ~:Ei ~ oS ~~ 1ii .. '"00 '2 ~ ~ :=t f ~2.. :=t :s: ~ Ie 'I)-Q I~ ~.... ... ~ ";::"1::1 ~ ';:: ~ ..;:: ~ ~ e .. > ... .. ~ ~ ~ ... Ie ri3 ~~ .., 0 ~ ~ tl.! I:\, ,~ ~ Co. 00 ~ 11 0 .-= ~ '- \:I .~ .~ .~ 0 .. ~~ .!:; "1::1 ':SIJ ':S~ ~ &... :::I ~ o .+:: ~~ -Q ':S c r;r;l ~ u:.o ..;:: .- 6.~ .:i! ..;:: :S ~ ti .c o.~ >. E ~1 ~ ~ ~ ~ ~ ~ ..;:: .. Q ~ = 6 ~ ,~ ~ ct~ ~ cu= oS ~ < i.i c .~ - a.; Q., Q., J: 'r; Q co ~ ~ !1:i ~ ~ ;1 .... ~ 00 c -= cu '" u <<"'I'" "'!", = c ~ ~J1 "0 ,- ~ ~ <'-i ~~ <<"'I 00 ..' - ~~ ~ .... 'I) .... 00 e e-o ti ~ .. Ii:: .. ~ .. .. ti .. t3~ .... "0 !\) 0 !\) '- ~ ~ ~ .. 0= ... Ii:: i~ .....;:: ~ ~ 9-;.:: <E ~.- ~II) ~ ~~ J' ~ . ~ o 0 .S ,.;:: .. ~8 ~ e ~ ,.;::~ e el:\, e1 ;:! ~ . :::I ~~ u'l) u"a~ u c .]~ U .~ 2.. .~ >. u~ Uf' u~ u u..c: ~ ~ . Cj ";:: .!:,O u ~ I ~ 1~ ~Ii::.., ~ ~ ~~~ ~ 'I) ~~ ~ ~ 'I) ~ = ~ Ii:: .::ci .. ... .. II. ~ ~ 's ~-s ~ ~.~ ~~ . .. ~ ~-Q ~ ... -= 0 o ~ ~..;:: ~ ~ ~ ~.... . Eo< e- ~~~ . Ii:: ~ ~ ~ . .. ~ .,t! e ~ 0 ~I:\, ~ 0 ~ .., u = I II) > o s:;I.. ~ 0.... ~ I- >''"0 fI.I o ,._ o ~ ft cu - 0 ~ ~ ~ ~ .. ~ - ,~t' 0 0 0 0 0 0 0 0 ~ - >. 0 ~ Q..,co ~r.B ~ -------------- -~_.-.- --------- - ATTACHMENT C THANK YOU (REPORTING PARTY) [date] [Name] [Address] [City, State Zip] Dear [Name], In response to your complaint dated [Date] the property at [address], City of Arroyo Grande, I have conducted a site inspection of the prope.rty and determined there to be no violations of the Municipal Code at this time. The City of Arroyo Grande thanks you for your concern, and appreciates your continued effort to make the City a safe and healthy community in which to live and work. If I can be of further assistance, please contact me at (805) 473-5490. Sincerely, [Name], Fire Captain -~- A TT ACHMENT D Courtesy Notice [Date] [Name] [Address] [City, StateZip] Subject: [Type of violation], [Property Address]; APN# XXX-XXX-XXX Dear [Name]: The purpose of this letter is to inform you, the property owner [resident, business owner...] that the City of Arroyo Grande has received a complaint regarding your property at the above referenced address. After a field inspection by the Fire Department, [a] violation[s] are [is] determined to exist. The specific violations are: 1) [Violation Section and Description with any needed clarification such as definition( s)] 2) [Violation Section and Description with any needed clarification such as definition( s)] Please consider this courtesy notice a request to bring your residence into compliance with the City of Arroyo Grande's Municipal Code by: 1) [Description of what actions need to be taken to bring residence into compliance such as "properly remove all solid waste located on front lawn.'1 We are requesting your voluntary compliance be completed by [Date]. With your cooperation we can avoid further considerations for abatement, reduce your exposure from fire; injury or property damage to other properties, and maintain the beautiful character of the community. An inspection of your property will be conducted on or after the date of compliance to determine compliance or violation. If you have any questions regarding this matter, please do not hesitate to contact the Arroyo Grande Fire Department at (805) 473-5490. Thank you in advance for your anticipated cooperation. Sincerely, [Name] Fire Captain - . ---'~'-----".,---",-~,,-~ ---------~'"_.-_.....- ---- A TT ACHMENT E Violation Notice [Date] [Name] [Address] [City, State Zip] Subject: [Type of Violation, Property Address]; APN# XXX-XXX-XXX Dear [Name]: The Fire Department conducted an inspection of your property, [Address], Arroyo Grande. Your property is in violation of the City of Arroyo Grande Municipal Code Section(s): 1) [Violation Section and any necessary descriptions] 2) ... You have been made aware of this violation by a "Visual Inspection Notice" and a "Courtesy Notice;" this is your third notice. Please consider this letter is a "Notice of Violation" giving you, the property owner [resident, business owner], until [Date] to remedy the situation and come into compliance with City Municipal Codes. We appreciate your cooperation in this matter. Please be aware that we would much prefer correction through voluntary cooperation rather than through further legal action. However, there must be positive action taken on your part, including informing us when the violation is corrected to enable our delaying further action. If you have any questions, please call (805) 473-5490 between the hours of 8:30 A.M. and 5:00 P.M., Monday through Friday, or if you would like to meet with me, call the above number to schedule an appointment. Sincerely, [Name] Fire Captain - A TT ACHMENT F NOTICE AND ORDER TO ABATE [Date] Sent Certified Mail [#] (OR) Property Posted [date] [Name] [Address} [City, State Zip] Subject: [rype of Violation, Property Address]; APN# XXX-XXX-XXX Dear [Name]: [Description of violation, "There is, This includes'1- This is not allowed. On [Date], the City Manager's designee, the undersigned, found that Arroyo Grande Municipal Code violations exist on your property located at [Address], Arroyo Grande. The condition on your property is in violation of Arroyo Grande Municipal Code Section [#] and is hereby declared a nuisance pursuant to Arroyo Grande Municipal Code Section 9.12.010. In order to correct this Code violation, it [may, will] be necessary to obtain and secure all necessary permits and complete work to correct the violation and abate the nuisance by accomplishing the items listed below within the next [# of Days] days, [Date}: If the subject Code violations are not corrected within the time specified above, the City Manager or his designee shall either: cite you with a notice to appear in court for said violation; institute proceedings for the abatement of the subject nuisance condition as a public nuisance before the City Council; or, both cite you into court and institute nuisance abatement proceedings. ------..------_.._- ----- ) ------------- We appreciate your cooperation in this matter. Please be aware that we would much prefer correction through voluntary cooperation rather than through further legal action. However, there must be positive action taken on your part, including informing us when the violation is corrected to enable our delaying further action. If you have any questions, please call (805) 473-5437 between the hours of 8:30 A.M. and 5:00 P.M., Monday through Friday, or if you would like to meet with me, call the above number to schedule an appointment. Sincerely, Jon Ansolabehere, Neighborhood Services Coordinator __n______ ~" _~_~_u_____ -------,--- A TT ACHMENT G CITY OF ARROYO GRANDE FIRE DEPARTMENT NOTICE TO APPEAR NO. 0001 DATE I TIME DAY OF WEEK 20 M NAME (FIRST, MIDDLE, LAST) RESIDENCE ADDRESS CITY BUSINESS ADDRESS CITY DRIVER'S LICENSE NO. STATE BIRTHDATE SEX I HAIR I EYES HEIGHT WEIGHT I OTHER DES. M F OFFENSES: CODE SECTION DESCRIPTION BOOKING REQUIRED 0 LOCATION OF OFFENSE(S) COMMITTED o OFFENSE(S) NOT COMMITTED IN MY PRESENCE, CERTIFIED ON INFORMATION AND BELIEF, I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT, EXECUTED ON THE DATE SHOWN ABOVE ISSUING OFFICER ARROYO GRANDE, CALIFORNIA NAME OF ARRESSTING OFFICER IF DIFFERENT FROM ABOVE: WITHOUT ADMITTING GUILT, I PROMISE TO APPEAR AT THE TIME AND PLACE CHECKED BELOW: X SIGNATURE WHERE: o BEFORE A JUDGE OR CLERK OF THE SUPERIOR COURT GROVER BEACH BRANCH, 214 SO. 16TH, GROVER BEACH, CA TELEPHONE: (805) 473-7070 0 BEFORE A JUDGE OR CLERK OF THE SAN LUIS OBISPO SUPERIOR COURT 1050 MONTEREY STREET, SAN LUIS OBISPO, CA TELEPHONE: (805) 781-5670 WHEN: ON OR BEFORE THIS DATE: I I TIME: o A.M. 0 P.M. FORM APPROVED BY THE JUDICIAL COUNCIL OF CALIFORNIA SEE REVERSE SIDE --,~.--- -------~-_.~- IMPORTANT...READ CAREFULLY WARNING: WILLFUL FAILURE TO APPEAR AS PROMISED IS A SEPARATE VIOLATION FOR WHICH YOU MAY BE ARRESTED AND PUNISHED BY 6 MONTHS IN JAIL AND/OR $500.00 FINE, REGARDLESS OF THE DISPOSITION OF THE ORIGINAL CHARGE. Courtesy Notice: A COURTESY NOTICE MAY BE MAILED TO THE ADDRESS SHOWN ON YOUR CITATION. INDICATING THE REQUIRED DEPOSIT OF MONEY (BAIL) THAT MAY BE FORFEITED INSTEAD OF YOUR APPEARING IN COURT. IF YOU DO NOT RECEIVE A COURTESY NOTICE, YOU ARE. STILL REQUIRED TO COMPY WITH THE ITEMS BELOW BY THE APPEARANCE DATE. WHAT TO DO YOU ARE REQUIRED TO APPEAR AT COURT FOR A MISDAMEANOR VIOLATION. FOR ALL VIOLATIONS. YOUR COURT DATElTIME.PLACE ARE ON THE FRONT OF THIS NOTICE TO APPEAR. HAVE THE CITATION WITH YOU WHEN CO,,!TACTING THE COURT. IN ALL INFRACTION CASES. YOU MUST DO THE FOLLOWING FOR EACH VIOLATION: . PAY THE FINE (BAIL) AND CORRECT THE VIOLATION . APPEAR IN COURT . CONTEST THE VIOLATION . REQUEST TRIAL BY WRITTEN DECLARATION IF YOU DO NOT DO ONE OF THE ABOVE ACTION. THEN A "FAILURE TO APPEAR" CHARGE WILL BE FILED AGAINST YOU (PENAL CODE & 1320(AI. 1. IF YOU DO NOT CONTEST THE VIOLATION: A. (PAY THE BAIL AMOUNT) CONTACT THE COURT FOR BAIL INFORMATION. YOU WILL NOT HAVE TO APPEAR IN COURT. YOU WILL BE CONVICTED OF THE VIOLATION. B. (CORRECT THE VIOLATION) YOU ARE STILL RESPONSIBLE FOR CORRECTING THE VIOLATION. YOU MUST CONTACT THE CITY OF ARROYO GRANDE FIRE OR NEIGHBORHOOD SERVICES DEPARTMENT WITHIN 10 DAYS OF THE NOTICE TO APPEAR DATE TO ESTABLISH A REASONABLE AMOUT OF TIME FOR COMPLIANCE. BY NOT COMPLYING YOU ARE SUBJECTING YOURSELF TO MORE CITATIONS FRO EACH AND EVERY DAY A VIOLATION EXISTS OR AN ABATEMENT PROCEDURE AT YOUR EXPENSE. 2. IF YOU CONTEST THE VIOLATION (SELECT A OR B): A. (COURT TRIAL) SEND A CERTIFIED OR REGISTERED LETTER POSTMARKED NOT LATRE THAN FIVE DAYS PROIR TO THE APPEARANCE DATE. OR COME TO THE COURT BY THE APPEARANCE DATE TO REQUEST A COURT TRIAL ON A FUTURE DATE WHEN AN OFFICER AND ANY WITNESSES WILL BE PRESENT. YOU WILL BE REQUIRED TO SUBMIT BAIL AMOUNT. -DR- B. (TRIAL BY WRITTEN DECLARATION) SEND A CERTIFIED OR REGISTERED LETTER POSTMARKED NOT LATER THAN FIVE DAYS PRIOR TO THE APPEARANCE DATE. OR COME TO THE COURT ON OR BEFORE THE APPEARANCE DATE TO REQUEST A TRIAL BY WRITTEN DECLARATION. SUBMIT THE BAIL AMOUNT. YOU WILL BE GIVEN FORMS TO ALLOW YOU TO WRITE A STATEMENT AND TO SUBMIT OTHER EVIDENCE WITHOUT APPEARING IN COURT. A CITY REPREESNATIVE WILL ALSO SUBMIT A STATEMENT. THE JUDICIAL OFFICER WILL CONSIDER THE EVIDENCE AND DECIDE THE CASE. 3. MAKE THE CHECKlMONEY ORDER PAYABLE TO CLERK OF THE COURT. WRITE YOUR CITATION NUMBER AND DRIVER'S UCENSE NUMBER ON YOUR CHECK AND MONEY ORDER. YOU MAY PAY IN PERSON, BY MAIL, OR BY PHONE. ---.- ---~-~~~- --~- A TT ACHMENT H 15.04.050 Director of building and fire-Office created--Powers and duties. A. The office of director of building and fire is created, and the director of building and fire, I or his or her designated representative, is authorized to administer and enforce all the I provisions of this chapter and Codes adopted by this chapter, and for such purpose, shall have the power of a police officer and shall hereby have the authority, as provided in Section 836.5(a) of the California Penal Code, to make arrests and issue citations for violations of the city of Arroyo Grande Municipal Code. B. Citation authority is granted for violations which, under city ordinances, constitute infractions or misdemeanors. (Prior code ~ 8-1.03) ~..- A TT ACHMENT I 16.08.100 Development code violations. A. Applicability. 1. Any of the following shall be a violation of this development code and shall be declared to be unlawful and a public nuisance, and shall be subject to the enforcement remedies provided by this title, the Arroyo Grande municipal code, and state law. a. To install, create, erect, establish or maintain any building, structure, sign or use in a way that is inconsistent with any plan, permit, approval or license governing such building, structure, sign, or use or the zoning district in which the building, structure, sign or use is located; b. To install, create, erect, establish or maintain any building, structure, sign or use requiring a permit, approval or license without such a permit, approval or license; c. To fail to remove any building, structure, sign or use that is installed, created, erected, established or maintained in violation of this development code; or d. To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty provisions ofthis title. 2. It shall be the duty of the city manager, or his or her designee, and building official to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. B. Violation--Penalty. 1. The city manager and his or her designee shall seek the correction of any violation(s) of any provision of this title through the use of the citation procedure or the nuisance abatement procedures or both such procedures as set forth iri this chapter. 2. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine or imprisonment in the county jail of the county of San Luis Obispo, or by both such fine and imprisonment. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued by such person, firm or corporation, and shall be punishable as provided in this section. 3. Any person who violates any provision of this title shall be required to correct or remedy such violations within a reasonable period of time. 4. Any person, firm or corporation that constructs or erects any building or structure without first receiving the necessary permit, approval, or license shall be subject to a penalty assessment of ten thousand dollars ($10,000.00) or the cost of removing the structure, whichever is greater. The cost of removing the structure shall be determined by . the city building official. In addition to the above penalty assessment, the illegal building or structure shall be removed unless an application for the required permit, approval or license and three times the application fee is submitted to the appropriate city department. If such application is denied, the illegal building or structure shall be removed. ---~_... -~------"'~-'--~"-"'~-,".-...~;,~...,-,.".... "~'._._-----~--'"'_.'~-"'- -.diE. j 5. Any person, firm or corporation that constructs, erects, maintains or establishes any sign or use without first receiving the necessary permit, approval, or license shall be subject to a penalty assessment of one hundred dollars ($100.00) or the cost of removing the sign, whichever is greater. The cost of removing the sign shall be determined by the city building official. In addition to the above penalty assessment, the illegal sign or use shall be removed or terminated unless an application for the required permit, approval or license and three times the application fee is submitted to the appropriate city department. If such application is denied, the illegal sign or use shall be removed or terminated. C. Right of Entry. 1. Whenever necessary to make an inspection to enforce any provision of this title, or whenever the city manager or authorized designee has reasonable cause to believe that there exists in any building or upon any premises any condition in violation of this title, the city manager or duly authorized designees may enter such premises at all reasonable times to perform any duty imposed upon such officer by this title; provided, that: a. If the premises are private and occupied, the official shall present proper credentials, state the reasons for entry, and request entry, and if entry is not granted, a court order shall be secured; b. If premises are unoccupied, the official shall make a reasonable effort to locate the owner or other persons having charge or control of such premises, inform the owner of the reasons for entry and demand entry; c. The official shall not be allowed to enter any occupied dwelling in the absence of the occupants without a proper written order executed and issued by a court having jurisdiction to issue the order. 2. If entry allowed under the provisions of this section is refused, the city manager or authorized designee shall have recourse to every remedy provided by law to secure entry. D. Notice and Order to Abate. The city manager or his or her designee may issue a notice to appear in court to any person suspected of a violation of any of the provisions of this title but first must issue a notice and order to abate the nuisance to the owner, as well as the occupant of the premises, giving notice that he or she has determined that a violation of the code exists. The notice and order shall contain: 1. The street address and a legal description sufficient to identify the premises on which a violation is found to exist; 2. A statement that the city manager or his or her designee has found a violation to exist on such premises, and a description of such conditions and the action necessary to correct such violation(s); 3. An order to secure permits if necessary and to commence and complete work to correct the violation(s} within a specified period of time; 4. A statement advising that if the required correction or elimination of condition(s) in violation is not commenced and completed within the specified time, the city manager or his or her designee shall either: a. Cite the owner with notice to appear in court for violation of a specific provision or provisions of this title (see subsection F of this section); b. Institute proceedings for the abatement of the conditions as a public nuisance before the city council under subsection E of this section; c. Take both such actions to cite into court and institute nuisance abatement proceedings. If the owner or occupant of the premises fails to correct the violation(s) within the time specified in the notice and order to abate the nuisance, the city manager or his or her designee may issue a notice to appear in court to such owner or occupant for violation of a specific provision or provisions of this title. E. Nuisance Abatement. In the event such owner fails, neglects or refuses to comply with the notice and order to abate the nuisance served pursuant to subsection D of this section, the city manager or his/her designee shall either request the city attorney to institute a civil action in the name of the people of the state to abate the nuisance or schedule a hearing before the city council, in accordance with Chapter 9.12, for summary abatement proceedings under the police powers of the city and pursuant to Government Code . Section 38771 through 38773.5. - t: f\.1^+il".o. +" AI"'\I"'\..o.~r in "nil"" F. Notice to Appear in Court. 1. Any city officer or employee arresting any person for a violation of any provision of this development code who does not immediately take such arrested person before a magistrate, as prescribed in the California Penal Code, shall prepare in duplicate a written notice to appear in court. The notice shall contain: a. The name and address of the person arrested; b. The offense charged, the time and place of the alleged violation; c. Where and when such person shall appear in court. The time specified in the notice for appearance must be at least ten (10) days after such arrest. The place specified in the notice to appear shall be in conformity with the applicable provisions of the Penal Code of the state. 2. The arresting city officer or employee shall deliver one copy of the notice to appear to the alleged violator. The alleged violator, in order to secure immediate release, must give a written promise to so appear in court at the time and place indicated on the notice by signing the duplicate notice, which signed copy shall be retained by the city officer or employee. Thereafter, the arresting city officer or employee shall release forthwith from custody the person so arrested. The duplicate copy of the notice to appear shall be filed in the manner prescribed in the Penal Code of the state. G. Failure to Appear. Any person who wilfully violates a written promise to appear in court by failing to appear at the time and place stated shall be deemed guilty of a misdemeanor regardless of the disposition of the charge upon which he or she has originally been arrested. H. Warrant for Arrest Upon Failure to Appear. When a person signs a written promise to appear at the time and place specified therein, and has not posted bail as provided in the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty (20) days after such person has failed to appear as promised, or if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date that he or she promised to appear, then within twenty (20) days after delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his or her arrest. When such . person violates his or her promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer or employee. I. Attorney's Fees. In any civil action commenced by the city to abate a public nuisance, to enjoin a violation of any provision of this development code, or to collect a civil debt owing to the city, the city shall be entitled to recover from the defendant in any such action reasonable attorney's fees and cost of suit. (Prior code ~ 9-01.150) -- 11.c. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGEi SUBJECT: CONSIDERATION OF REQUEST FROM THE CITY OF PISMO BEACH TO PARTICIPATE IN STUDY ON JOINT FIRE SERVICES DATE: FEBRUARY 8, 2005 RECOMMENDATION: It is recommended the City Council approve participating in a study of joint fire services with the City of Pismo Beach, City of Grover Beach and the Oceano Community Services District. FUNDING: The City of Pismo Beach has offered to pay the consultant costs to prepare the study. Therefore, there will be no direct cost to the City of Arroyo Grande. . DISCUSSION: At the June 22,2004 meeting, the City Council approved a one year agreement to provide joint fire operations with the City of Grover Beach, which commenced in July 2004. The Agreement was the result of recommendations from a study prepared by the City of Grover Beach on fire service alternatives. Under the Agreement, the City of Arroyo Grande funds a Fire Chief position to serve both agencies, and the City of Grover Beach funds a Training Captain position to also serve both agencies. _ While each department has maintained its identity, training has been standardized and the closest station responds to calls for service. Thus far, the arrangement has worked well and the level of service provided to the community has been improved. The City of Pismo Beach recently extended their agreement with the California Department of Forestry and Fire Protection (CDF) for one year. However, their City Council also expressed an interest in studying the future potential of partnering with the Cities of Arroyo Grande and Grover Beach for fire protection services. As a result, the City has received a request from the City of Pismo Beach to agree to participate in a study of alternatives for joint fire efforts. The City of ~ J CITY COUNCIL CONSIDERATION OF REQUEST FROM THE CITY OF PISMO BEACH TO PARTICIPATE IN STUDY ON JOINT FIRE SERVICES FEBRUARY 8, 2005 PAGE 2 Pismo Beach has agreed to pay all costs to contract for consultant services to prepare the study. The study would identify and assess potential options for joint fire operations ranging from communications to consolidation. It would provide an analysis of staffing needs, organizational structure alternatives, governing structure alternatives, costs and other related issues. It has also been proposed to include the Oceano Community Services District in the study. Staff believes there is a potential benefit of further improving the City's emergency response services by expanding joint fire operations with the remaining South County jurisdictions. However, it also may require a more complex organizational structure and the addition of management staff. Therefore, a detailed study would be necessary to better determine the actual costs, issues, and benefits. Given the fact the City of Pismo Beach will fund the necessary study, this appears to be an excellent opportunity to evaluate whether this is a direction that would be in the best interests of the City. AL TERNA TIVES: The following alternatives are provided for the City Council's consideration: - Approve participating in the proposed study on joint fire services with the City of Pismo Beach, City of Grover Beach, and the Oceano Community Services District; - Approve participating in the proposed study on joint fire services with the City of Pismo Beach, City of Grover Beach and Oceano Community Services District and provide additional direction on the scope of study; - Postpone consideration until the scope of the study has been prepared; - Do not approve participating in the proposed study; - Provide direction to staff. S:\CITY MANAGER\STEVE\Council Reports\Pismo Beach Joint Fire Study 2.8.0S.doc --- ~----"------'_..~------_..- ---- ~ ---,--_. .-----.-----.'.--.--- A