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Agenda Packet 2005-08-23 CITY OF City Council Agenda Tony Ferrara Mayor Steven Adams City Manager Joe Costello Mayor Pro Tern . ~ Timothy J. Carmel City Attorney Jim Dickens Council Member ~J?L1FOR~.l Kelly Wetmore City Clerk Jim Guthrie Council Member Ed Arnold Council Member ~. ~ . AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, AUGUST 23,2005 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 3. FLAG SALUTE: KNIGHTS OF COLUMBUS 4. INVOCATION: PASTOR PAUL JONES 5. SPECIAL PRESENTATIONS: None. 6. AGENDA REVIEW: 6.a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. AGENDA SUMMARY - AUGUST 23, 2005 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: . Direct City staff to assist or coordinate with you. . A Council Member may state a desire to meet with you. . It may be the desire of the Council to place your issue or matter on a future Council agenda. Please .adhere to the following procedures when addressing the Council: . Comments should be limited to 3 minutes or less. . Your comments should be directed to the Council as a whole and not directed to individual Council members. . Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Cash Disbursement Ratification (KRAETSCH) Recommended Action: Ratify the listings of cash disbursements for the period August 1 - August 15, 2005. 8.b. Consideration of Statement of Investment DeDosits (KRAETSCH) Recommended Action: Receive and file the report of current investment deposits as of July 31, 2005. 8.c. Consideration of a Resolution Authorizina the Fire Station EXDansion General Obliaation Bond Prooertv Tax Levv (KRAETSCH) Recommended Action: Adopt Resolution authorizing the FY 2005-06 property tax levy approved by voters on November 5, 2002. 8.d. Consideration of ADDroval of Final Parcel MaD AG 03..()115 Subdividina One (1) Parcel into Three (3) Residential Parcels at 1169 MaDle (SPAGNOLO) Recommended Action: Approve Final Parcel Map AG 03-0115, subdividing 0.33 acres into three (3) residential parcels. 8.e. Consideration of an Award of Bid - Fire DeDartment 4x4 Passenaer Utility Vehicle (FIBICH) Recommended Action: Authorize the award of bid to purchase a 2006 4x4 passenger utility vehicle for the Fire Department from Mullahey Ford in the amount of $30,430.00. AGENDA SUMMARY - AUGUST 23, 2005 PAGE 3 8. CONSENT AGENDA (continued): 8.f. Consideration to Authorize Award of Bid for a Utilitv Vehicle for the Public Works Department (SPAGNOLO) Recommended Action: Authorize the award of bid for a utility vehicle to Mullahey Ford in the amount of $22,439.29. 8.g. Consideration of an Award of Contract to Curt Bailev Masonrv. Inc. for Construction of the East Grand Avenue Enhancements at Courtland Street Proiect. PW 2005-06 (SPAGNOLO) Recommended Action: 1) Award a contract for the construction of the East Grand Avenue Enhancements at Courtland Street Project, PW 2005-06 to Curt Bailey Masonry Inc. in the amount of $23,480.00; and 2) Authorize the City Manager to approve change orders not to exceed the contingency of $2,348.00 for use only if needed for unanticipated costs during the construction phase of the project. 8.h. Consideration of Award of Bid for a s;. Ton Pickup Truck for the Buildina Maintenance Division (HERNANDEZ) Recommended Action: Authorize the award of bid for a 0/. ton pick up truck to Mullahey Ford, including a 6 year, 100,000 mile extended warranty for a total bid award of $25,194.25. 8.1. . Consideration of Authorization to Close Citv Streets and Use Citv Propertv for the 681h Annual Arrovo Grande Vallev Harvest Festival. September 23-24, 2005 (STRONG) Recommended Action: Adopt Resolution authorizing closure of City streets and use of City property for the annual Arroyo .Grande Valley Harvest Festival. 8.j. Consideration of Adoption of an Ordinance Amendina Arrovo Grande Municipal Code Chapters 16.04 and 16.36 of Title 16 to Define Formula Businesses and Restrict Formula Businesses in the Village Core Downtown and Villaae Mixed Use NCD & VMUI Zonina Districts (Development Code Amendment Case No. 05-009) (STRONG) Recommended Action: Adopt Ordinance. 8.k. Consideration of Adoption of an Ordinance Establishina a Historic Resources Committee and a Historic Desianation Process for the City of Arrovo Grande (STRONG) Recommended Action: Adopt Ordinance adding Chapter 2.21 to Title 2 of the Municipal Code establishing a Historical Resources Committee and amending Chapters 16.04 and 16.16 of Title 16 of the Municipal Code establishing a Historic Designation Process. 9. PUBLIC HEARINGS: 9.a. Consideration of Appeal of Plannina Commission's Denial of Plot Plan Review 05- 004: Architectural Review Case 05-008 and Viewshed Review Case 05-08: Applicant: Pace Brothers Construction: Location -135 Whitelev Street (STRONG) Recommended Action: The Planning Commission recommends the City Council adopt a Resolution denying Plot Plan Review 05-004, Architectural Review Case 05-008 and Viewshed Review Case 05-008. AGENDA SUMMARY - AUGUST 23, 2005 PAGE 4 9. PUBLIC HEARINGS (continued): 9.b. Consideration of Amended Conditional Use Permit 05-001 to Remove a Deed Restriction and Allow a Second Dwellina Unit on the Second Floor of an Existina Carriaae House: Applicant: Terrv Fowler-Pavne: Location - 212 Miller Wav (STRONG) Recommended Action: The Planning Commission recommends the City Council adopt a Resolution denying Amended Conditional Use Permit Case No. 05-001. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of Pre-Application Review Case No. 05-004 for a Mixed-Use Development ("Ladera Plaza"): Applicant: Jim Motter and Mark London: Location - 1200 East Grand Avenue (STRONG) Recommended Action: Review the project plans and provide suggestions and comments to the applicant. 11.b. Consideration . of Pre-Application Review Case No. 05-007 for a Mixed-Use Development: Applicant: Jason Blankenship/Catholic Healthcare West (C.H.W.): Location: Fair Oaks Avenue (Vacant Property Adiacent To and East of Arrovo Grande Hospital) (STRONG) Recommended Action: Review the project plans and provide suggestions and comments to the applicant. 11.c. Consideration of Pre-Application Review Case No. 05-009 to Construct a One-Story Buildina with Drive-up Window for a Financial Institution: Applicant: Coast Hills Federal Credit Union: Location -1570 West Branch Street (STRONG) Recommended Action: Review the project plans and provide suggestions and comments to the applicant. 12. CITY COUNCIL REPORTS: This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR TONY FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Other AGENDA SUMMARY - AUGUST 23, 2005 PAGE 5 12. CITY COUNCIL REPORTS (continued): (b) MAYOR PRO TEM JOE COSTELLO: (1) Zone 3 Water Advisory Board (2) Air Pollution Control District (APCD) (3) Fire Oversight Committee (4) Other (c) COUNCIL MEMBER JIM DICKENS: (1) South County Area Transit (SCAT) (2) South County Youth Coalition (3) Other (d) COUNCIL MEMBER JIM GUTHRIE: (1) Economic Vitality Corporation (EVC) (2) Other (e) COUNCIL MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA) (2) California Joint Powers Insurance Authority (CJPIA) (3) County Water Resources Advisory Committee (WRAC) (4) Other 13. CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by the Mayor and/or a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. a) None. 14. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. a) None. 15. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 16. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. AGENDA SUMMARY - AUGUST 23, 2005 PAGE 6 17. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 18. ADJOURNMENT +++++++++ All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Administrative Services Department and are available for public inspection and reproduction at cost. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Administrative Services Department at 805-473-5414 as soon as possible and at least 48 hours prior to the meeting date. +++++++++ Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. wWw.arrovoarande.ora 8.a. MEMqRANDUM TO: CITY COUNCIL FROM: ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICE~ ~ BY: FRANCES R. HEAD, ACCOUNTING SUPERVISO~ SUBJECT: CASH DISBURSEMENT RATIFICATION DATE: AUGUST 23, 2005 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period August 1 through August 15, 2005. FUNDING: There is a $693,145.98 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 I Attachment 2 - August 4, 2005, Accounts Payable Check Register Attachment 3 - August 5, 2005, Payroll Checks & Benefit Register Attachment 4 - August 5, 2005, Accounts Payable Check Register Attachment 5 - August 11, 2005, Accounts Payable Check Register Attachment 6 - August 12, 2005, Accounts Payable Check Register ATTACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS ?M t4e f)e:ziod ~ A~ I 7~ A~ 15. 2005 August 23, 2005 Presented are the cash disbursements issued by the Departrrient of Financial Services for the period August 1 to August 15, 2005. Shown are cash disbursements by week of occurrence and type of payment. WEEK TYPE OF PAYMENT ATTACHMENT AMOUNT August 6, 2005 Accounts Payable Cks 12Z306-314 2 $ 53,662.43 Payroll Checks & Benefit Checks 3 394,170.09 Accounts Payable Cks 122330-430 4 117,182.73 $ 565,015.25 August 13, 2005 Accounts Payable Cks 122445-122452 5 $ 36,101.54 Accounts Payable Cks 122453-122551 6 92,029.19 $ 128,130.73 1WO-WEEK TOTAL $ 693,145.98 I U,\MSWORD\ CITY COUNCIL FORMS\ CASH DISBURSEMENT FORMS\ CASH DISBURSEMENT SCHED wEXCEL WKS.doc I CITY OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND {010l 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 Safetu (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 FORMS\ CASH DISBURSEMENT SCHED wEXCEL WKS.doc ~ - 00 ... ... 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III - .>< <> .- ... e: " <> J:: - '" g u 00 In > 0 I 200-:;;"'1 (p ATTACHMENT 3 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 07/15/05 - 07/28/05 08/05/05 FUND 010 354,586.92 Salaries Full time 187,017.75 FUND 220 12,791.07 Salaries Part-Time - PPT 22,547.33 FUND 284 Salaries Part-Time - TPT 16,641.79 FUND 612 7,386.91 Salaries OverTime 9,659.04 FUND 640 19,405.19 Salaries Standby 388.17 394,170.09 Holiday Pay 7,673.19 Sick Pay 8,245.56 Annual Leave Buyback - Vacation Buyback - Sick Leave Buyback - Vacation Pay 8,241.24 Comp Pay 6,914.72 Annual Leave Pay 7,020.55 PERS Retirement 54,066.67 Social Security 19,312.03 PARS Retirement 454.80 . State Disability Ins. 1,033.46 Deferred Compensation 750.00 Health Insurance 36,590.97 Dental I nsurance 4,813.20 Vision Insurance 1,100.09 Life Insurance 749.53 Long Term Disability Uniform Allowance - Car Allowance 875.00 Council Expense - Employee Assistance - Boot Allowance Motor Pay 75.00 - 394,170.09 _ 1: 0)0) ll) vcn 0) LO'O\t 0,..... 0...... (J) r.... T""" :J O?~ f'-: c!'!~ C? ":~ ~ ~ -.::r:~ ~ ~ o T'""T'" C"') me? ..-- cot-- ..... N vco (") 0 E lOln r-- to"'lt N N""lt ...... ('t) l.{)lt) T'" (0 00 r-- ~ ,..... COlt) ..-- 0 ..--M <( MM v-an ..... ~ "':M' & w Cl 0> ~ ~ ro "- "- ~ -- .. --" .. .. Z 00 - <9<9 - - - ~ 00 l! <(c:( J! l! 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W - f- (j) <( W Z Z W W tr W 0 ~ ~ :2 al :> <>: C1l >- 0 0 (j) <( tr tr f- .0 W ~ W W W en I Z f- t::: ~ 0 .. >- (j) W <( '" ~ W I 0 tr "C t:: :;: :;: 0 0 x >- u c. ~ t- O> t- " 0> .:< e 0 eo eo '" co '" e: "C co co eo t- " m CIl e: 0 0 " " "" .c :c ~ 0 0 0 0 0 ~ - ::!!! 0 0 0 0 0 .e .= ~ '" '" '" '" '" l!? l!? ... 0 0 0 0 0 0 .s 0 0 0 0 0 '" '" .;; N ~ N ~. ~ .c: .c: C1l m N N u u 0 N N N It) 0 ... ... ... ... ... ::l ::l .0 Oil - - Oil Oil 0 ~ ... eo eo > .. 0> 0> It) 0> 0> '" 0 "C 0 0 ~ t- eo 0> 0 _ N '" u; '" - u .c: " " " '" .- N .: ... ... ... ... ... > 0 -,.--.--- 8.b. MEMORANDUM TO: CITY COUNCIL K. FROM: ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES@ r fl . BY: FRANCES R. HEAD, ACCOUNTING SUPERVISOt SUBJECT: STATEMENT OF INVESTMENT DEPOSITS DATE: AUGUST 23, 2005 Attached please find a report listing the current investment deposits of the City of Arroyo Grande, as of July 31,2005, as required by Government Code Section 53646 (b). -. CITY OF ARROYO GRANDE MONTHLY INVESTMENT REPORT Ad- 06 9<<4 31. 2005 August 23, 2005 This report presents the City's investments as of July 31, 2005. It includes all investments managed by the City, the investment institution, type of investment, maturity date, and rate of interest. As of July 31, 2005, the investment portfolio was in compliance with all State laws and the City's investment policy. Current Investments: The City is currently investing all short-term excess cash in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. This is a very high quality investment in terms of safety, liquidity, and yield. The City may readily transfer the LAIF funds to the City's checking account when funds are needed. At this time, the City does not hold any other investments. The following is a comparison of investments based on book values as of July 31, 2005, compared with the prior month and the prior year. LAIF INVESTMENT CURRENT PRIOR MONTH PRIOR YEAR i I Date: July, 2005 June, 2005 July, 2004 Amount: $ 11,515,999 $ 12,229,650 $ 12,500,000 I Interest Rate: 3.08% 2.97% 1.60% , ~ B.c. MEMORANDUM TO: CITY COUNCIL ~ d FROM: ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICE ~ SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING THE FIRE STATION EXPANSION GENERAL OBLIGATION BOND PROPERTY TAX LEVY DATE: AUGUST 23, 2005 RECOMMENDATION: It is recommended the City Council adopt the attached resolution authorizing the FY 2005- 06 property tax levy approved by voters on November 5, 2002. The San Luis Obispo County Auditor Controller's Office has calculated a .0110% levy per $100 of assessed value. FUNDING: The tax levy of .0110% is expected to result in revenues of approximately $201,000. This will provide sufficient revenues for paying FY 05-06 principal and interest of $138,580; paying agent fees and banking administrative cost of $2,000; San Luis Obispo County handling charges of $500; and establishment of a reserve of approximately $60,000. The .0110% is a decrease from last year's rate of .0130%. This represents a decrease of $2.00 per $100,000 of valuation for Arroyo Grande property owners. DISCUSSION: On November 5, 2002, voters approved Measure 0-02, authorizing the expansion of the Arroyo Grande Fire Station and the issuance of $1,900,000 in general obligation bonds. The Measure, which was approved by more than two-thirds of the Arroyo Grande voters, authorized bonded indebtedness and placing a tax on real property within the Arroyo Grande city limits. The election results were subsequently certified and the bonds issued in accordance with all laws and regulations. Interest and principal payments, paying agent fees and banking administrative costs on the general obligation bonds are due during FY 2005-06. The San Luis Obispo County Auditor-Controller requires that all tax levies be submitted by August 31, 2005 for collection and remittance in December 2005 and April 2006. Staff from the SLO Auditor-Controller's office and the City concur on the amount required for principal, interest, and fees; the calculation arriving at the tax levy; and the tax levy amount of .0110%. I CITY COUNCIL CONSIDERATION OF GENERAL OBLIGATION BOND PROPERTY TAX LEVY AUGUST 23, 2005 PAGE 2 AL TERNA TIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendations by approving the attached resolution; - Do not approve staff recommendations; - Modify staff recommendations and approve; Provide direction to staff. I RESOLUTION NO. PAGE 3 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, 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 AUTHORIZING THE FIRE STATION EXPANSION PROPERTY TAX LEVY FOR FISCAL YEAR 2005-06 WHEREAS, City of Arroyo Grande, County of San Luis Obispo, State of California ("City") is duly authorized and existing under the laws of said State; and WHEREAS, in the City of Arroyo Grande, a special election (the "Election") was duly and regularly held on the 5th day of November 2002, in that territory included within the boundaries of the City at which Election there was submitted to the qualified voters of said City the following question: MEASURE 0-02: Shall the City of Arroyo Grande expand the Fire Station including the addition of sleeping facilities, a federally required area for safe clean up of blood-borne pathogens, a federally required room to store turnout clothing, a system to divert vehicle exhaust from the apparatus rooms, an expanded training room, fire sprinklers, seismic retrofit of the facility to meet current standards, and expansion of the apparatus bay, by issuing $1 ,900,000 in general obligation bonds; and WHEREAS, more than two-thirds of the votes cast at the Election were in favor of and assented to the incurring of such indebtedness, and the City Council of the City is now authorized and empowered to provide for the form of bonds of the City, and for the. issuance thereof for the purpose and objects provided for in the election, payable, principal and interest, from taxes levied exclusively upon the taxable property within the City, as permitted by law: and WHEREAS, on December 3, 2002, the City Council of the City adopted Resolution No. 3636 which certified the results of the November 5, 2002, election conducted by the Registrar of Voters, which results showed that more than two-thirds of the votes cast were in favor of the proposition to incur bonded indebtedness and levy the tax; and WHEREAS, the City issued its General Obligation Bonds, Series A of 2003 (Fire Station Project) in the amount of $1,900,000 pursuant to Resolution No. 3648, adopted by the City Council of the City, which bonds were issued for the purpose of the fire station expansion and retrofitting project (the "Bonds"); and WHEREAS, the City Council is further authorized to determine by resolution on or before August 31 of each year, the specific tax to be levied on each parcel of land in the City; and WHEREAS, it is now necessary and appropriate that the City Council of the City levy and collect the taxes for Fiscal Year 2005-06 for the purpose specified in the Election, by the adoption of a resolution; and , I I RESOLUTION NO. PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby resolves as follows: 1. In accordance with Section 43632 of the Act, there is hereby levied upon the parcels of land within the City the taxes for Fiscal Year 2005-06 (the "Taxes"), at the tax rates set forth in Exhibit A attached hereto. The City Manager or his designee (the "City Manager") is designated and directed to file this Resolution with the San Luis Obispo County Auditor-Controller no later than August 31, 2005. 2. The Taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in cases of delinquency as provided for ad valorem taxes, as such procedure may be modified by law or the City Council of the City from time to time. 3. The City Manager is hereby authorized to transmit a certified copy of this Resolution to the San Luis Obispo County Assessor and/or the San Luis Obispo Treasurer-Tax Collector, together with other supporting documentation as may be required to place the Taxes on the secured property tax roll for Fiscal Year 2005-06 and for the collection of the Taxes. in the manner of ad valorem property taxes, and to perform all other acts which are required by the Act, or by law or deemed necessary by the City Manager in order to accomplish the purpose of this Resolution, the Act or Bond covenants. 4. The assessment shall be collected at the same time and in the same manner as County ad valorem property taxes are collected, and all laws providing for the collection and enforcement of County ad valorem property taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the amount of the assessments, after deducting compensation due the County for collection, shall be paid to the City. On motion of Council Member , seconded by Council Member and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 2005. I EXHIBIT A SCHEDULE OF TAX RATE Tax rate per $100 of assessed value = .0110% 8e1' ,,;~- .~,- MEMORANDUM TO: CITY COUNCIL f1t- FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION OF APPROVAL OF FINAL PARCEL MAP AG 03- 0115 SUBDIVIDING ONE (1) PARCEL INTO THREE (3) RESIDENTIAL PARCELS AT 1169 MAPLE DATE: AUGUST 23, 2005 RECOMMENDATION: It is recommended the Council approve Final Parcel Map AG 03-0115, subdividing 0.33 acres into three (3) residential parcels. FUNDING: There is no fiscal impact at this time. DISCUSSION: The City has received Final Parcel Map AG 03-0115, owned by Michael and Millisse Thompson, for the subject parcel located at 1169 Maple. This map subdivides approximately 0.33 acres into three (3) parcels, ranging from 3,732 to 5,812 square feet in size and is in substantial conformance with the tentative parcel map. The Planning Commission approved the tentative map and planned unit development for the project on December 2, 2003. The existing lot is 14,258 square feet in size, rectangular in shape, measuring approximately 95 feet wide at Maple and 150 feet in depth. The current zoning for the property is Residential Suburban (RS). There is an existing single-family home on the site, which will be remodeled to fit within the proposed lot configurations. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: I . Approve staff's recommendation; . Do not approve staff's recommendation; . Modify as appropriate and approve staff's recommendation; or . Provide direction to staff. Attachment: Attachment 1 - Map Sheet of Parcel Map AG 03-0115 I , S:\PUBLlC WORKS ENGINEERING SHARED lTEMS\Development Projects\Parcet Maps\Parcel Maps ~ 2003\TPM 03-006 1169 MAPLE\C1TY CQUNCll\Council Memo - Acceptance of Final Map for Parcel Map AG 03.0115-1169 Maple.doc a . I 0 ATTACHMEtJlT"~ ; ZLC) " ,; ~ ~ .@r <0 . . ~ <0 ~ - I c~ I CL~ Z I- cO v r ~"'~"' ~"~~,.., <(0 52 ~.......c3..!!2 0 0 u !ll: z ~ ~ ~ 3'::' lL. 0 ~ . :E I ~ ~ <D g,..:h: N 0 . q "'"it ~~... .~-~~ 0 -" ~ " ~~ ~ l:l", <~!i . I ~ I") 1'0 lit ts ::E g ~ ~ ~ 0 ~~t; 1=.... "'",...'" "... . ." .. ~.~U ~t. -l0 :::. 0 < (/} 0 0 0 . ~" bt:;O~ z-J . r.:j:."~ , < a: lil ~oa.c ,.... 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D ",,,, ...J - I ;~ ~ ~ <(, ~I )!R __. "_ 8;., ~_ I~ ~I ~l~lil~ Ii a ~~ z a 8~ I~ I , ~I'I'I~ .' w' ." ,> ~" Ii! I l!5 '" . z I ,1:1' L ~ ' I I II ~ t I I ~2'" "f'-:: Z _.f'-!L-__ . _.!!)+________________ , I , e,B~ rI,S66vL M.6!O,OL.OOW ~!'! I ~ ~ ~~ I J ~E ! , "i i I") " i -< N" I I .019 ...J,b ...Jl I w~ w~ .0< 1 ~ ~ I U:;! ! ,oc 1 -< < I O:::!;! , I a.l I ~l I , I I I , I , , I I . I I i i I I I 8.e. MEMORANDUM TO: CITY COUNCIL TERRY FIBICH, DIRECTOR OF BUILDING AND FIRE @ FROM: SUBJECT: CONSIDERATION TO AUTHORIZE AWARD OF BID - FIRE DEPARTMENT 4x4 PASSENGER UTILITY VEHICLE DATE: AUGUST 23, 2005 RECOMMENDATION: It is recommended the City Council authorize the award of bid to purchase a 2006 4x4 Passenger Utility Vehicle for the Fire Department from Mullahey Ford of Arroyo Grande in the amount of $30,430. FUNDING: Funding in the amount of $43,000 is budgeted in the FY 2005/06 Fire and Emergency Services Vehicle account for a replacement vehicle. The recommended purchase bid price for the vehicle is $28,785 plus $1,645 for a Six Year/100,OOO mile Extra Care Extended Warranty, for a total of $30,430. The remainder of the funding will be used toward equipping the vehicle with emergency equipment. DISCUSSION: The FY 2005/06 Fire Department budget contains a request for one 4x4 passenger utility vehicle to allow replacement of the 1995 Chevy Suburban, which has been sold to the Fire Department of the Templeton Community Services District. This request complies with the City's Administrative Policies and Procedures Manual Section C-006, Evaluation Criteria for Replacement of Standard Equipment. The following bidswere received for the replacement vehicle: 1. Mullahey Ford, Arroyo Grande, CA $28,785 2. Senator Ford, Sacramento, CA $29,099.10 Both bids include tax, shipping and dealer preparation. Staff recommends that the vehicle be purchased from Mullahey Ford. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Do not approve staff's recommendation; - Modify as appropriate and approve staff's recommendation; - Provide direction to staff. 8.f. MEMORANDUM TO: CITY COUNCIL J1k FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION TO AUTHORIZE AWARD OF BID FOR A UTILITY VEHICLE FOR THE PUBLIC WORKS DEPARTMENT DATE: AUGUST 23, 2005 RECOMMENDATION: It is recommended that the City Council authorize the award of bid for a utility vehicle to Mullahey Ford in the amount of $22,439.29. FUNDING: Funding for the utility vehicle is included in the approved FY 2005/06 budget. The $24,289.29 cost will be apportioned from three separate funding sources (010-4301- 6301 = $6,801; 640-4710-6301 = $11,658.86; 612-4610-6301 = $5,829.43). A total of $25,000 was budgeted for the utility vehicle. The total cost of the vehicle is $24,289.29, which includes Mullahey Ford's bid price of $22,439.29 and the extra care extended warranty price of $1,850.00. DISCUSSION: On July 25, 2005 the Public Works Department solicited bids for a utility vehicle. The City received one (1) response out of the six bid packages sent out for bid. The only bid received was from Mullahey Ford. Since the bid is below the budgeted amount for the utility vehicle, the City will purchase the extra care extended warranty for six years or 100,000 miles for an additional $1,850.00. This will ensure that major repairs will be covered for the life of the vehicle in accordance with the City's Replacement Policy. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff's request and award the bid to Mullahey Ford; - Do not approve staff's request; Modify staff's request as appropriate and approve; or - Provide direction to staff. Attachment: Bid Opening Log Sheet "Attachment" BID OPENING LOG SHEET CITY OF ARROYO GRANDE BID OPENING: August 5, 2005; 2:00 p.m. Public Works Utility Vehicle BIDDER'S NAME. CITY TOTAL Mullahey Ford $24,991.57 Arroyo Grande, CA $22,439.29 (w/out alloy wheels or rear air) ; . / j:L fJ c.-/ " . Kelly We or Director of A ministrative Services/City Clerk c: Director of Public Works City Manager ARROYO GRANDE C\1'i il,UG 7 ZOOS PUBLIC WORKS DEPi. -.- ---_.~..__._------- -------------- 8.g. MEMORANDUM TO: CITY COUNCIL 11"'- FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION OF AN AWARD OF CONTRACT TO CURT BAILEY MASONRY INC. FOR CONSTRUCTION OF THE EAST GRAND AVENUE ENHANCEMENTS AT COURTLAND STREET, PW 2005-06 DATE: AUGUST 23, 2005 RECOMMENDATION: It is recommended the City Council: 1. award a contract for the construction of the East Grand Avenue Enhancements at Courtland Street Project, PW 2005-06 to Curt Bailey Masonry Inc. in the amount of $23,480.00; and, . 2. authorize the City Manager to approve change orders not to exceed the contingency of $2,348.00 for use only if needed for unanticipated costs during the construction phase of the project (total construction costs = $23,480.00 + $2,348.00 = $25,828.00). FUNDING: The FY 2005/0'6 Capital Improvement Program includes a total of $28,074.00, funded from the Traffic Circulation Fund, for the East Grand Avenue Enhancements at Courtland Street Project. DISCUSSION: The project will construct a masonry screen wall within a five foot (5') landscape and access control easement at the northeast corner of the East Grand Avenue and Courtland Street intersection. The work is part of a coordinated beautification effort between the City and Gil's Market, a private business. On August 12, 2005, the City received one bid for the project from Curt Bailey Masonry Inc. in the amount of $23,480.00. The bid has been verified and is in compliance with the contract specifications. CONSIDERATION OF AN AWARD OF CONTRACT TO CURT BAILEY MASONRY INC. FOR CONSTRUCTION OF THE EAST GRAND AVENUE ENHANCEMENTS AT COURTLAND STREET PROJECT, PW 2005"06 AUGUST 23, 2005 PAGE 2 The contractor's scope of work includes the construction of an 88' long split-faced masonry screen wall, 3'-4" in height, with a clay tile cap. The split-faced side of the wall will face the business. The exterior face will receive a cultured stone veneer to match the veneer previously placed for the decorative bulbouts on the East Grand Avenue Improvement Project. An electrical conduit will be set into the wall to facilitate the installation of a monument sign, which will be installed at a future date on a separate contract. City forces will remove the existing driveway approach and replace it with curb, gutter and sidewalk concurrent with the masonry screen l(Vall construction. Additional private construction and improvements for Gil's Market will be performed by B& T Contractors directly following the masonry screen wall project to minimize the time of interruptions to the adjacent businesses. B& T will also perform the saw cutting, header board and asphalt replacement. Curt Bailey Masonry is also the subcontractor for B & T for trash enclosure and canopy columns split face block work. City forces will install landscaping and irrigation in the right of way at a future date. Staff recommends awarding a construction contract for the construction of the East Grand Avenue Enhancements at the Courtland Street intersection to Curt Bailey Masonry in the amount of $23,480.00. The contract time for this project is specified at 21 calendar days to closely coincide with the contractor schedule for the private improvements. Work is expected to begin in late August or early September. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendations; . Do not approve staff's recommendations; . Modify as appropriate and approve staff's recommendations; or . Provide direction to staff. Attachment: 1. Bid Opening Log Sheet S:IPUBLlC WORKS ENGINEERING SHARED ITEMSICapital Projectsl20051Gils MarketlCouncillCouncil Memo - Award.doc -- --.--.- - Attachment 1 BID OPENING LOG S CITY OF ARROYO GR BID OPENING: August 12, 2005; 5:00 p.m. E. Grand Avenue Enhancement BIDDER'S NAME, CITY TOTAL Curt J. Bailey Mason Inc. $23,480.00 Grover Beach, CA - c: Director of Public Works v""'" City Manager I a.h. MEMORANDUM TO: CITY COUNCIL FROM: DANIEL C. HERNANDEZ, DIRECTOR OF PARKS, RECREATION AND'i;>'f\ FACILITIES SUBJECT: CONSIDERATION OF AWARD OF BID FOR A % TON PICK UP TRUCK FOR THE BUILDING MAINTENANCE DIVISION DATE: AUGUST 23, 2005 RECOMMENDATION: It is recommended the City Council authorize the award of the bid for a % ton pick up truck to Mullahey Ford, including a 6-year, 100,000 extended warranty for a total bid award of $25,194.25. FUNDING: Funding for this vehicle is included in the approved FY 2005-06 budget. A total of $29,000.00 was budgeted for the :y. ton truck. DISCUSSION: On July 7, 2005 the Parks, Recreation and Facilities Department solicited bids for a :y. ton pick up truck with a utility bed. The City received two (2) responses out of the 18 bid packages sent out for bid. Mullahey Ford submitted the lowest bid in the amount of $23,389.25. In addition, staff is requesting an additional $1,805.00 be allocated from the budget amount for an extended 6-year 1 OO,OOO-mile warranty for this vehicle. ALTERNATIVES: The following alternatives are provided for the Council's consideration: Approve staffs request and award the bid to Mullahey Ford; Modify staffs recommendation; Do not approve staffs recommendation; Provide direction to staff. Attachment: Bid Opening Log Sheet S:\StaffRpt\AwardbidN;dgmaint8,05 ----- ~--~-- I I I ATTACHMENT 1 BID OPENING LOG SHEET CITY OF ARROYO GRANDE BID OPENING: August 4, 2005; 2:00 p.m. Parks, Recreation & Facilities Vehicle BIDDER'S NAME, CITY TOTAL Mullahey Ford $23,389.25 (F250 % ton truck w/utility body) Arroyo Grande, CA $18.234.81 (F250 %ton truck w/out utility body) Cole Chrysler Dodge $31,478.20 (3/4 ton truck w/utility body) San Luis Obispo. CA f{/J)/"LL- Kelly We ore Director of Ad inistrative Services/City Clerk c: "Director ofPark5,~Recreati~;lCFacii~;;:~"> \......-__._---..----~----~~---- ------../ City Manager -- .. 8.1. MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR KS , BY: JIM BERGMAN, ASSISTANT PLANNER ~ SUBJECT: CONSIDERATION OF TEMPORARY USE PERMIT 05-015 AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE 68TH ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 23-24, 2005 DATE: AUGUST 23, 2005 RECOMMENDATION: It is recommended the City Council adopt the attached Resolution authorizing closure of City streets and use of City property for the annual Arroyo Grande Valley Harv9st Festival. FUNDING: . Application fees for this event have been waived pursuant to Resolution 3760, which established policies to waive permit application fees for certain annual temporary use permit events. A waiver of fees and costs reduces City revenue by approximately $6,780. Historically, the City has waived fees and costs for this event because the City has served as an unofficial co-sponsor of the event. DISCUSSION: The 68th annual Arroyo Grande Valley Harvest Festival is scheduled for Friday and Saturday, September 23-24, 2005. Setup will begin on Thursday, September 22, 2005 at 4:00 p.m. and cleanup will end early Sunday morning, September 25, 2005. Activities at the Festival will include entertainment, food, games and crafts booths, contests and a parade. These activities are held along Nelson Street, Short Street, Olohan Alley, West and East Branch Street and on the Nelson Green. The parade is held on East Grand Avenue and West and East Branch Street between Halcyon Road and Mason Street. The Festival organizers are requesting the closure of Short Street, West and East Branch Street, and Olohan Alley for food games and crafts booths and entertainment; Nelson Street between Bridge Street and Mason Street for the soapbox derby; and East Grand Avenue at Elm Street, East Branch Street, Halcyon Road from EI Camino to Fair Oaks, and Mason Street to Nelson Street for the parade. CITY COUNCIL CONSIDERATION OF TEMPORARY USE PERMIT 05-015 AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE 68TH ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 23-24, 2005 AUGUST 23, 2005 PAGE 2 Two years ago, several residents along Nelson Street submitted a letter regarding the closure of their street for the soapbox derby. They did not object to the closure, but wanted assurance that they would have vehicular access to their homes during the closure. The Police Department will have officers on-hand to assist residents who require ingress and egress to and from their homes on the date of the event. Included in the attached proposed Resolution is a statement requesting that a banner for the event be allowed across Highway 227. This language from the City Council may assist the festival organizers in obtaining a fee waiver from California Department of Transportation. A Temporary Use Permit will only be issued upon approval by the City Council of the request for street closures and use of City property. ALTERNATIVES: The following alternatives are provided for the Council's consideration: -Adopt the, attached Resolution; -Modify and adopt the attached Resolution,; -Do not adoptthe attached Resolution; or -Provide direction to staff. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 05-015 AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE 68TH ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 23- 24,2005 WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival have requested closure of City streets and use of City property; and WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival will be responsible for the removal of all garbage and debris generated by the event. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve Temporary Use Permit 05-015 authorizing the following actions and use of the following described City property for the Harvest Festival: 1. The City parking area behind City Hall from the entrance of Mason Street and extending to the area of the Gazebo and Short Street for use between the hours of 5:00 p.m. Thursday, September 22,2005 until 10:00 a.m. the moming of Sunday, September 25, 2005. 2. The parking area beginning at the Gazebo and extending westerly to Bridge Street beginning at 1 :00 p.m. Friday, September 23, 2005 until 10:00 a.m. Sunday, September 25, 2005. 3. The use of the City-owned Nelson Street property adjacent to Mason Street for various displays and contests from 12:00 p.m. to 9:00 p.m. on Friday, September 23, 2005 and from 8:00 a.m. to 6:00 p.m. on Saturday, September 24, 2005 for a variety of activities, contests, and displays. 4. The City's electrical service as needed for the lighting of booths, sound system, and contests. 5. The use of the Council Chambers on Friday, September 23,2005 from 3:00 p.m. to 9:00 p.m. by the Arroyo Grande Masonic Lodge to conduct the Arroyo Grande Harvest Festival Essay Scholarship Contest. 6. That the northerly half-block portion of Short Street between Nelson Street and the Swinging Bridge shall be posted "No Parking" from 6:00 a.m. to 5:00 p.m. on Saturday, September 24, 2005. RESOLUTION NO. PAGE 2 7. That request shall be made by the Arroyo Grande Police Department to the State of California Department of Transportation for permission to close a portion of East Branch Street, also known as Highway 227, from U.S. Highway 101 to Stanley Avenue, and the closure of entrance and exit ramps of U.S. Highway 101 at East Grand Avenue on Saturday, September 24, 2005 between the hours of 7:00 a.m. and 1 :00 p.m. 8. That the City Council authorizes closure of a portion of East Branch Street, also known as Highway 227, from U.S. Highway 101 to Stanley Avenue and the closure of entrance and exit ramps of U.S. Highway 101 at East Grand Avenue upon authorization from the State Department of Transportation for said closure. 9. The City Council requests that a banner be allowed across East Branch Street also known as Highway 227. 10. That the Arroyo Grande Police Department will control traffic along and around the parade route, and police officers will be stationed to give instructions to motorists on detouring the parade route; and further, the Police Department will restrict traffic on Route 227 to one lane and control traffic at the freeway ramps from 9:30 a.m. to 12:00 noon on Saturday, September 24, 2005. 11. That the City Council authorizes closure of Nelson Street between Bridge Street and Mason Street on Saturday, September 24, 2005 from 12:00 p.m. to 5:00 p.m. for the "Big Ditch Derby" and other events. 12. Three parking spaces on Mason Street at the Corner of Nelson Street, adjacent to Nelson Green be reserved for vehicles associated with the petting zoo attraction. BE IT FURTHER RESOLVED, that the following streets shall be closed for the Harvest Festival Parade on Saturday, September 24, 2005, from 7:00 a.m. to 1 :00 p.m., beginning at East Grand Avenue and Brisco Road and east to the corner of East Branch and Mason Streets; and Halcyon Road from EI Camino Real to Fair Oaks Avenue BE IT FURTHER RESOLVED, that the organizers of the Harvest Festival will adhere to certain requirements and conditions imposed by the City regarding cleanup and traffic control and all other applicable conditions of the Temporary Use Permit with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. RESOLUTION NO. PAGE 3 On motion by Council Member seconded by Council Member and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 23rd day of August 2005. RESOLUTION NO. PAGE 4 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. PAGE 5 EXHIBIT "A" CONDITIONS OF APPROVAL TEMPORARY USE PERMIT 05-015 68TH ANNUAL HARVEST FESTIVAL GENERAL CONDITIONS: 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department. 3. The event organizers shall comply with all of the Conditions of Approval for Temporary Use Permit 05-015. 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. PARKS, RECREATION AND FACILITIES DEPARTMENT CONDITIONS: 5. The Harvest Festival Committee is to contact the Parks, Recreation and Facilities Department no later than September 12, 2005 regarding the number and location of trash receptacles to be placed in the downtown area. 6. The Harvest Festival Committee is responsible for disposal of its garbage into large trash containers. The Harvest Festival Committee is responsible for providing a small cargo dumpster (20 cubic yards) in addition to required trash containers. 7. The Harvest Festival Committee is responsible for providing trashcan liners for all trash containers. 8. The Harvest Festival Committee is responsible for providing additional restroom supplies for the festival. Should the City provide these supplies, the Harvest Festival Committee will reimburse the City for the cost ,of these supplies and related staff ti me. RESOLUTION NO. PAGE 6 PUBLIC WORKS DEPARTMENT CONDITIONS: 9. Restroom facilities, barricades, signing and detour routes shall be provided by applicant. 10. The event organizers shall provide (pay for) all traffic barricades and delineators. The Public Works Department will place the barricades and delineators. 11. The event organizers shall place an advertisement in the September 21, 2004 edition of the Five Cities Times-Press Recorder advising residents of street closures. 12. The event organizers shall provide a $1,000,000 commercial general liability insurance policy naming the City as additional insured subject to the approval by the City Attorney. Proof of insurance shall be submitted to the Director of Administrative Services ten (10) days before the event. 13. The event organizers shall contact the Public Works Department two weeks prior to the event to check on the status of street maintenance/construction activities. The Public Works Department may require the event organizers to provide temporary construction (orange plastic) fencing around areas designated as potentially hazardous. BUILDING AND FIRE DEPARTMENT CONDITIONS: 14. All food booths (cooking) must comply with the Fire Department guidelines. 15. A handicapped accessible toilet shall be included where other portable toilets are. located. 16. All electrical must be inspected by the Building and Life Safety Division prior to the event opening. 17. Emergency access must be maintained to the satisfaction of the Dir~ctor of Building and Fire. 18. The use of generators must be reviewed and approved by the Director of Building and Fire. 19. All tape used for marking the booth locations shall be removed by the event organizers. POLICE DEPARTMENT CONDITIONS: RESOLUTION NO. PAGE 7 20. The Police Department shall obtain the necessary permit from Caltrans to close a portion of East Branch Street, also known as Highway 227, from U.S. Highway 101 to Stanley Avenue and the entrance and exit ramps of U.S. Highway 101 at East Grand Avenue. - 8.j. MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT D1RECTO~ J BY: TERESA MCCLISH, ASSOCIATE PLANNE~ SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE CHAPTERS 16.04 AND 16.36 OF TITLE 16 TO DEFINE FORMULA BUSINESSES AND RESTRICT FORMULA BUSINESSES IN THE VILLAGE CORE DOWNTOWN AND VILLAGE MIXED USE/HISTORIC CHARACTER OVERLAY ZONING DISTRICTS (DEVELOPMENT CODE AMENDMENT 05-009) DATE: AUGUST 23, 2005 RECOMMENDATION: It is recommended the City Council adopt an ordinance to amend Title 16, defining and regulating formula businesses in the Village Core Downtown (VCO) and Village Mixed Use (VMU) districts within the Historic Character Overlay (0-2.4). FUNDING: No funding impact. DISCUSSION: On March 8, 2005, in response to public comment at the City Council hearing of February 22, 2005, the Council directed .staff to research alternatives on formula business restrictions in the Village commercial area. Staff reported alternatives to the Council on April 26, 2005, and the Council introduced the proposed ordinance on August 9, 2005. Proposed Ordinance The proposed ordinance includes an addition to Chapter 16.04 to define a formula business, as well as an amendment to Chapter 16.36 prohibiting formula businesses in the VCO and VMU/HCO districts as depicted below. The proposed ordinance adds the following definition to Section 16.04.070: "Formula business". Shall mean a business, limited to retail trade uses and restaurants, that is required by contractual or other arrangement to maintain standardized services and the same or similar name, tradename, or trademark which causes it to be I CITY COUNCIL DCA 05~09: REGULATION OF FORMULA BUSINESSES AUGUST 23, 2005 PAGE 2 substantially identical to six (6) or more other establishments, regardless of ownership or location, and which satisfies one of the following two criteria: a. It has exterior design or architecture, signs, decor or similar features in a style which is distinctive to and standardized among the chain or group: b. It is a fast food restaurant. The regulation of formula business is proposed to include an amendment to Section 16.36.030(A) as follows: Zoning .. Village Core Downtown D-2.4 (VCD D-2.4) Village Mixed-Use D-2.4 (VMU 0-2.4) I , i I [ , I Zoning Districts Affected by Formula Business Restrictions Table 16.36.030IA) G. SPECIAL USES Land Use IMU TMU VCD VMU GMU FOMU HMU OMU RC Specific D-2.11 (D2.20) Use HCO D-2.4} Standards Formula Permit NP NP Permit reQuired as identified business reQuired as in D- bv underlvinQland use identified 2.4 Qy underlvinll S:\COMMUN ITY _ DEVELOPMENTlPROJ ECTS\DCA\05-009 Formula Business\ccsr082305.doc I CITY COUNCIL DCA 05-009: REGULATION OF FORMULA BUSINESSES AUGUST 23, 2005 PAGE 3 I I land use I I I I I This proposal adds a new land use category to the section describing "Uses Permitted Within Mixed Use and Commercial Districts". There is no proposed prohibition or restriction of formula businesses outside of the VCD or VMU/HCO districts. PUBLIC COMMENTS: A public notice was sent to all property owners within 300 feet of the Village Core Downtown and Village Mixed Use districts and a public notice was placed in the Tribune. Twelve letters were received from individuals regarding the proposal and included in the staff report at the August 9, 2005 public hearing. Public comment was received at the July 5, 2005 Planning Commission public hearing, and the City CoulJcil public hearings of July 26, and August 9, 2005. ENVIRONMENTAL ASSESSMENT: Staff has reviewed this project in compliance with the Califomia Environmental Quality Act, and has found that the proposal is exempt pursuant to Sections 15183, 15305, 15378, 15061(b)(3) of the Guidelines of the California Environmental Quality Act (CEQA) and Public Resources Code section 21083.3(e). ALTERNATIVES: The following alternatives are provided for City Council consideration: 1. Adopt the ordinance; 2. Modify and adopt the ordinance; 3. Do not adopt the ordinance; 4. Provide direction to staff. , , I S:ICOMMUNITY _DEVELOPMENTlPROJECTSIDCAI05-009 Formula BusinesslccsrOB2305.doc I ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE CHAPTERS 16.04 AND 16.36 OF TITLE 16 TO DEFINE FORMULA BUSINESSES AND RESTRICT FORMULA BUSINESSES IN THE VILLAGE CORE DOWNTOWN AND VILLAGE MIXED USE/HISTORIC CHARACTER OVERLAY DISTRICTS (DEVELOPMENT CODE AMENDMENT 05-009) WHEREAS, the City Council adopted the updated General Plan which became effective October 9, 2001 and requires preservation of the City's unique identity and rural character; and WHEREAS, the City Council amended Title 16 of the Municipal Code (Development Code) in 2003 and 2004 for Mixed Use and Commercial districts to implement policies in the General Plan and establish regulations to encourage the specific character of each zoning district, including the Village Core Downtown (VCD) and Village Mixed Use (VMU) districts that are within the City's Historic Character Overlay District D-2.4 (HCO). WHEREAS, the HCO is intended to "identify, promote, preserve and protect the historic, cultural, and/or architectural resource values and encourage compatible uses and architectural design". WHEREAS, the VCD and VMU districts have historical architecture and small individualized shops and restaurants, that provides an important destination for both tourists and members of the community; and WHEREAS, the continued vitality of the City's economy is dependent upon tourism and upon the ability of the City's historic district to attract both residents and visitors; and WHEREAS, the City has a responsibility to assure adherence to the General Plan and Development Code in meeting the needs and desires of the residents and the community and preserve the characteristics which make the City unique and desirable as a place in which to live and which to visit, and prevent the loss of the rural and historical character that is a particular resource of the VCD and VMU districts; and WHEREAS, the potential proliferation of "formula" businesses may diminish the unique character of the VCD and VMU districts by offering standardization of architecture, interior design and d'cor, uniforms and the like, and which are required to be virtually identical to other such business in other communities; and WHEREAS, the Planning Commission of the City of ArroyC? Grande considered Development Code Amendment 05-009 at a duly noticed public hearing on July 5, 2005 in accordance with the Development Code of the City of Arroyo Grande, made revisions, 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 hearing of July 26, 2005, Planning Commission ORDINANCE NO. PAGE 2 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 amendments to Title 16 of the Municipal Code are consistent with the goals, objectives, policies and programs of the General Plan since the goal of the Land Use Element and Economic Development Element is to promote the development of a well balanced and functional mix of land uses and to ensure that development in the City is consistent with the City's character and image. The proposed amendment is necessary and desirable to implement the provisions of the General Plan by maintaining the development and identity of the City's small-town rural character specifically in the historical and agricultural setting of the Village Downtown Core and Village Mixed Use districts that are within the City's Historic Character Overlay district. B. The proposed amendments to Title 16 of the Municipal Code would include a new land use category, "formula businesses" and specify which districts such. businesses are permitted and the level of permit review required. "Formula businesses" are proposed to be prohibited in the VCD and VMU/HCO (0-2.4) combining district in order to preserve the historic character of the downtown portion of the Village. C. The proposed amendments to Title 16 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern since the development of retail establishments that conflict with the character of the City's historic district, and that are out of scale in relation to the current pattern of development in such districts creates a threat to the public health, safety, and general welfare by threatening the character. D. The proposed amendments to Title 16 of the Municipal Code are consistent with the purpose and intent otTitle 16, specifically, Sections 16.36.020(C), 16.36.020(0) and 16.36.020(J) pertaining to the VCD, VMU and Historic Overlay Districts. E. The City has conducted environmental review for adoption of an ordinance amend Chapters 16.04 and 16.36 of the Municipal Code, and has found that it can be seen with certainty that there is no possibility that the proposed amendments will have an effect on the environment and therefore this project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Sections 15378, .15061 (b)(3), 15183, 15305, and Public Resources Code section 21083.3(e) for the following reasons: 1. Under CEQA Guidelines Section 15061 (b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment. i I I i I ORDINANCE NO. PAGE 3 2. Under CEQA Guidelines Section 15378, the proposed amendments are not a project under CEQA because they will not cause a "direct physical change in the environment" and will not authorize any specific development activity. 3. Any potential indirect secondary impacts of the proposed amendments on the physical environment are speculative and are not reasonably foreseeable, and are, therefore, not subject to review under CEQA. 4. There is no substantial evidence that the proposed amendments will have the potential to cause a significant impact upon the environment. 5. There is no substantiated opinion or reasonable argument to determine that the proposed amendments will cause impacts that are subject to review under CEQA. 6. The proposed text amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the city's zoning powers. 7. There are no unusual circumstances that would necessitate CEQA review. 8. Under CEQA Guidelines Section 15183 and Public Resources Code section 21083.3(e), the proposed regulations are consistent with the City of Arroyo Grande General Plan. The following General Plan policies support adoption of the ordinance: Objective LU6- The Historic Village Core (VC) area shall be sustained, enhanced and expanded as the symbolic, functional and unique business center of the City, with diverse mixed uses emphasizing pedestrian-oriented activities and providing for the needs of residents and tourists. Policy LU6-1 - Designate the historic downtown area as Village Core (VC). The primary purpose of the area designated VC is to provide for the continuation and development of commercial, office, residential, recreational and community facility land use types that reflect and are compatible with the historic, small town nature of the original Arroyo Grande Village area. Policy ED2-4 - Continue to balance economic goals with strong policies and programs that promote and maintain the community's environment, quality of life, and rural character. Policy ED4-4 - Maintain and enhance the Village Core as a focal point for civic and tourist activities Implementation Policy ED4-1.5 - Work with the Village Improvement Association to preserve its historic function as the City's commercial and cultural center. Implementation Policy ED7-1.2 - Establish clear City standards and thresholds of acceptability for new developments. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as follows: ORDINANCE NO. PAGE 4 SECTION 1: The above recitals and findings are true and correct. SECTION 2: Arroyo Grande Municipal Code Section 16.04 is hereby amended by adding the following definition to Section 16.04.070(C): -F- "Formula business". Shall mean a business, limited to retail trade uses and restaurants, that is required by contractual or other arrangement to maintain standardized services and the same or similar name, tradename, or trademark which causes it to be substantially identical to six (6) or more other establishments, regardless of ownership or location, and which satisfies one of the following two criteria: a. It has exterior design or architecture, signs, decor or similar features in a style which is distinctive to and standardized among the chain or group: b. It is a fast food restaurant. SECTION 3: Arroyo Grande Municipal Code Table 16.36.030(A), subsection G. Retail Trade is hereby added to include the following land use categories: Table 16.36.030(A) D. RETAIL TRADE Land Use IMU TMU VCO VMU GMU FOMU HMU OMU RC Specific 0-2.11 (02.20) Use HCO 0-2.4) Standards Formula Permit NP NP Permit reQuired as identified bv business reQuired as For D - underlvinQ land use identified 2.4 ~ underlvina land use SECTION 4: 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. ORDINANCE NO. PAGE 5 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 6 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY 8.k MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR K. ~ . BY: JIM BERGMAN, ASSISTANT PLANNER ~ SUBJECT: CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 2.21 TO TITLE 2 OF THE ARROYO GRANDE MUNICIPAL CODE ENTITLED "HISTORICAL RESOURCES COMMITTEE," AND AMENDING CHAPTERS 16.04 AND 16.16 OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE ESTABLISHING A HISTORIC DESIGNATION PROCESS DATE: AUGUST 23, 2005 RECOMMENDATION: It is recommended the City Council adopt an Ordinance adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code entitled "Historical Resources Committee," and amending Chapters 16.04 and 16.16 to Title 16 of the Arroyo Grande Municipal Code establishing a Historic Designation Process. FUNDING: . No costs are proposed at this stage other than continued Community Development Department staff time to assist the HRC and ad hoc advisory group with the update and I expansion of the 1991 Historical Resource Survey. If the HRC and staff determine that professional historical resources consultant assistance would be necessary to complete I or expedite the survey, then the budget for FY 2006-07 and subsequent years could be affected. (Preliminary estimates of consultant assistance range from $50,000 to , $100,000). Use of South County Historical Society and HRC ad hoc advisory volunteers are proposed to reduce or eliminate the need for a City employed professional consultant. If this cannot be accomplished, implementation may have to be delayed until funding is available. If important historical resources were identified by the survey update, another alternative to utilizing a City consultant would be to require nominated properties to provide research prior to alteration or demolition of candidate resources. DISCUSSION: The proposed Ordinance was introduced .at a public hearing on August 9, 2005. The Ordinance modifies the Municipal Code by 1). creating a Historical Resource Committee, 2) adding specific definitions related to historic resources, 3) requiring the Minor Use Permit process for the alteration or demolition of a Designated Historic Resource, and 4) allowing for the Minor Use Permit process to be utilized to designate a Historic Resource or District. CITY COUNCIL CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 2.21 TO TITLE 2 OF THE ARROYO GRANDE MUNICIPAL CODE ENTITLED "HISTORICAL RESOURCES COMMITTEE," AND AMENDING CHAPTERS 16.04 AND 16.16 OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE ESTABLISHING A HISTORIC DESIGNATION PROCESS AUGUST 23, 2005 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Adopt the Ordinance; - Continue consideration of the Ordinance; - Do not adopt the Ordinance; Provide direction to staff. I l i , , , I I - ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 2.21 TO TITLE 2 OF THE ARROYO GRANDE MUNICIPAL CODE ENTITLED "HISTORICAL RESOURCES COMMITTEE", AND AMENDING CHAPTERS 16.04 AND 16.16. OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE ESTABLISHING A HISTORICAL DESIGNATION PROCESS WHEREAS, the City's 2001 General Plan objectives and policies promote the designation, preservation, restoration, safety, and use of historic structures to enrich the lives of future generations, providing opportunities to enjoy and learn about the community's history; WHEREAS, in January, 2003, the City Council directed staff to investigate alternatives for local , designations and/or incentives for the preservation of historic resources in the City; WHEREAS, the formation of a Historical Resources Committee and the creation of a process for historical resource determination will improve the local economy by attracting tourism and other businesses to the community; WHEREAS, the formation of a Historical Resources Committee and the creation of a process for historical resource determination will foster a sense of community identity and pride; WHEREAS, the formation of a Historical Resources Committee and the creation of a process for historical resource determination will stabilize and improve the economic value of historic properties and neighborhoods; I WHEREAS, the formation of a Historical Resources Committee and the creation of a process for historical resource determination will enhance the community's aesthetics, interest, and. unique historic character; I WHEREAS, the formation of a Historical Resources Committee and the creation of a process I for historical resource determination will encourage and provide incentives to property owners to preserve and restore historic properties, and to sensitively rehabilitate them for adaptive re- use when necessary; I WHEREAS, the formation of a Historical Resources Committee and the creation of a process I for historical resource determination will allow discretionary review of proposed exterior alterations and demolition of historic structures under the California Environmental Quality Act. This heightened level of review will serve to preserve the diverse qualities that define the character of the community of Arroyo Grande and that reflect the distinct phases of its cultural and architectural history through, public noticing requirements, the creation of project alternatives, the implementation of mitigation measures and project approvals based upon I CEQA findings; I I ; WHEREAS, the City Council finds, after Architectural Review Committee and Planning I Commission study and recommendations, deliberation and public hearings, the following I I circumstances exist: , I A. The proposed amendments to Titles 2 and 160fthe Municipal Code are consistent with the goals, objectives, policies and programs of the General Plan, including the ORDINANCE NO. PAGE 2 Economic and Land Use elements, and are necessary and desirable to implement the provisions of the General Plan; 8. The proposed amendments to Titles 2 and 16 of the Municipal Code will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern; C. The proposed amendments to Titles 2 and 16 of the Municipal Code are consistent with the purpose and intent of Titles 2 and 16; D. The City has conducted environmental review for adoption of an ordinance amending Titles 2 and 16 of the Municipal Code, and has found that it can be seen with certainty that there is no possibility that the proposed amendments will have an effect on the environment and therefore this project is exemptfrom the provisions of CEQA, pursuant to CEQA Guidelines Section 15061 (b)(3); and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as follows: I i SECTION 1: The above recitals and findings are true and correct SECTION 2: Arroyo Grande Municipal Code chapters and sections set forth herein below are hereby amended as shown in Exhibit "A" attached hereto and incorporated by this reference. a. Add Chapter 2.21; b. Amend Section 16.04.070.C. in Chapter 16.04; c. Add Section 16.16.211; I d. Add subsection 9 to Section 16.16.060.8. in Chapter 16.16 i SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of this I 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. I SECTION 4: A summary of this Ordinance shall be published in a newspaper published I I 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 I 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 I certified copy of the full text of such adopted Ordinance. SECTION 5: This Ordinance shall take effect thirty (30) days after its adoption. ORDINANCE NO. PAGE 3 On motion by Council Member , seconded by Council Member , and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of I i I , I I i I ! I I ORDINANCE NO. PAGE 4 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 I I Exhibit A Add Chapter 2.21 Historical Resources Committee Sections: 2.21.010 Created 2.21.020 Terms of office. 2.21.030 Appointments and vacancies. 2.21.040 Qualifications of Committee members. 2.21.050 Nonattendance. 2.21.060 Rules. 2.21.070 Meetings. 2.21.080 Functions, duties and procedures. 2.21.090 Guiding purposes in reviewing projects. 2.21.010 Created. There is established the Arroyo Grande Historical Resource Committee, (the "HRC" or "committee"), consisting of five members who shall serve without compensation. I 2.21.020 Terms of office. I Members of the committee shall be appointed to serve for a term as I specified by resolution of the city council. i 2.21.030 Appointments and vacancies. , I Appointments for the committee and the filling of vacancies shall be made in the manner provided by resolution of the city council. Vacancies shall be filled for unexpired terms only. All members of the committee shall serve at the pleasure of the council. 2.21.040 Qualifications of committee members. Qualifications of members of the committee shall be established by resolution of the city council. 2.21.050 Nonattendance. Absence from three consecutive regular committee meetings or twenty- I five (25) percent of the regular meetings during anyone-year period, without the , I formal consent of the council, shall constitute the resignation of such absent member and the position declared vacant. I I 2.21.060 Rules. The committee shall adopt bylaws, which shall establish rules, regulations, and procedures to conduct meetings. The bylaws shall include provisions for selection of a chairperson and vice-chairperson. 2.21.070 Meetings. The committee shall hold at least one regular meeting each quarter, on a day and time designated by the committee; additional meetings may be scheduled as needed. All the committee meetings shall be held in public at the city council chambers, unless otherwise noticed. 2.21.080 Functions, duties and procedures. A. The function of the committee shall be to make recommendations to the Architectural Review Committee, Planning Commission and/or Community Development Director (the "director") regarding the administration of the provisions of Title 16, whenever applicable, in a manner that will: 1. Be consistent with the requirements of the General Plan and of Title 16 2. Be consistent with requirements outlined in 2.21.090. , B. The committee shall prepare, review and recommend appropriate , I historical preservation criteria, standards, and guidelines, subject to planning commission and city council approval. Criteria, standards and guidelines are to be set forth in pictorial and/or narrative form. The committee shall periodically review these criteria, standards and guidelines and may make recommendations for appropriate amendments. C. The committee shall make itself available to advise and assist the architectural review committee, planning commission, and director in the application of its historical preservation criteria standards and guidelines for projects during schematic and development stages. , D. The committee shall review and make recommendations to the I architectural review committee, planning commission and/or director regarding , , applications for architectural review, pursuant to the development code, unless I the ARC or the director certifies that the nature of the work is minor or incidental and need not be reviewed by the committee. When, in the opinion of the director, applications for projects other than architectural or sign review may create an architectural impact contrary to the objectives of this chapter, the committee may review the application prior to the planning commission and/or city council hearings. E. The committee shall have the authority to review and approve plans pursuant to specific conditions of project approval imposed by the planning commission or city council. F. The committee may nominate places, properties, structures or areas which they recommend be considered for local, state or national historical I -------- designation or considered as important setting or contributing to the historic character of their environs. G. The committee shall promulgate and publish such standards as are necessary to supplement the provisions of this article to inform property owners, tenants and the general public of those standards of review by which applications for development permits are to be judged. Any such standards shall be approved by the city council. 2.21.090 Guiding purposes in reviewing projects. In reviewing potential designations, the committee shall be guided by the following purposes and intent: A. To ensure consistency with the general plan and compliance with the provisions of Title 16; B. Promote the designation, preservation, restoration, safety, and use of historic structures to enrich the lives of future generations, providing opportunities to enjoy and learn about the community's history; c. Improve the local economy by attracting tourism and other business to the community; D. Foster a sense of community identity and pride; E. Stabilize and improve the economic value of historic properties and neighborhoods; F. Enhance the community's aesthetics, interest, and unique historic character; G. Encourage and provide incentives to property owners to preserve and restore historic properties, and to sensitively rehabilitate them for adaptive re-use when necessary. I Amend, to include the following new definitions: Sec. 16.04.070.C. "Alteration - Historical Resources" means any exterior change or modification, through public or private action, of any historical resource, outstanding historical resource, or of any property located within an historic district which involves exterior changes to or modification of a structure, its surface texture, or its architeCtural details; new construction; demolition; relocation of structures onto, off of, or within a designated property; or other changes to the site affecting the significant historical or architectural features of the property. "Development permit" for the purposes of historic resources means a permit whose issuance is approved by the Planning Commission or . upon appeal by the city council and which authorizes its recipient to make specified exterior alterations to a historical resource, outstanding historical resource, or to an improvement located within a historic district. , "Exterior architectural feature" means the architectural elements embodying style, design, general arrangement, and components of all the I outer surfaces of an improvement, including, but not limited to, the kind, color, and texture of the building materials and the type and style of all I , windows, doors, lights, signs, and other fixtures appurtenant to such improvement. "Historical resource" means buildings, structures, signs, features, sites, places, areas, or other improvements of scientific, aesthetic, educational, cultural, archaeological, architectural, or historical value to citizens of the city of Arroyo Grande and designated as such by the city council pursuant to the provisions of this article. "Historic district" means any area which has a special character, historical interest, aesthetic value, or archaeological significance or which represents one or more architectural periods or styles typical of the history of the city, and which constitutes a distinct section of the city that has been designated a historic district pursuant to this code. "Improvement" for the purposes of historic resources means any building, structure, place, fence, gate, landscaping, tree, wall, parking facility, work of art, or other object constituting a physical feature of real property or any part of such feature. "Ordinary maintenance and repair" means any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to the exterior feature of any structure or property or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration or damage. "Outstanding historical resource" means buildings, structures, signs, features, sites, places, areas, or other improvements of the highest scientific, aesthetic, educational, cultural, archaeological, architectural, or historical value to the citizens of the city of Arroyo Grande and designated as such by the city council pursuant to the provisions of this code. An outstanding historical resource is deemed to be so important to the historical and architectural fabric of the city that its destruction would be a major loss to the city. Subsection 9 is added to Section 16.16.060.8. , 9. Alteration or Demolition of a Designated Historic Resource. I I Add Section 16.16.211 Minor Use Permit - Historic Resource or District Designation A. Purpose and Intent The purpose of this section is to promote the general welfare by providing for the , identification, protection, enhancement, perpetuation, and use of improvements, I buildings, structures, signs, features, sites, places, and areas within the city that ! i reflect special elements of the city's historical, architectural, archaeological, cultural, or aesthetic heritage for the following reasons: I 1. To encourage public knowledge, understanding, appreciation, and use of the city's past; 2. To foster civic pride in the beauty and character of the city and in the accomplishments of its past; 3. To enhance the visual character of the city by encouraging new design and construction that complement the city's historical buildings; 4. To increase the economic benefits of historic preservation to the city and its inhabitants; 5. To protect property values within the city; 6. To identify as early as possible and resolve conflicts between the. preservation of historical resources/districts and alternative land uses; and 7. To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. B. Authority- Historical resource/district designation criteria The Historic Resources Committee (HRC) is authorized to make recommendations to the architectural review committee, community development director, planning commission or city council for minor use permit applications designating a structure, site, or other improvement a historical resource or an outstanding historical resource and an area within the city may be designated a historic district if it meets any of the following criteria: 1. It exemplifies or reflects valued elements of the city's cultural, social, economic, political, aesthetic, engineering, archaeological, or architectural history; or 2. It is identified with persons or events important in local, state, or national history; or 3. It reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning. C. Applicability 1. An historical resource review shall be conducted according to Section 16.16.211.0. 2. Property that has been designated a historical resource, an outstanding historical resource or an improvement that is located within a historic district shall continue to be subject to all zoning ordinances that would apply to such property if it were not so designated or located. By designating historical resources, outstanding historical resources, and historic districts, the city council shall not be construed to be repealing or waiving any other portion of the zoning ordinance of the city as it applies to the designated property. D. Designation Process Historical resources, outstanding historical resources, and historic districts shall be designated by the planning commission and city council upon the recommendation of the HRC and ARC in the following manner: 1. Initiation of Designation. Designation of a historical resource, an outstanding historical resource, or a historic district may be initiated by (1) the owner of record of the property or structure, (2) the HRC, (3) the ARC, (4) the Planning Commission, (5) the City Council, (6) by any resident of the City of Arroyo Grande, or (6) any organization with a recognized interest in historical" preservation. Applications for designation originating from outside the committee must be accompanied by such historical and architectural information as is required by the committee to make an informed recommendation concerning the application, together with the fee set by the city council. 2. List. The HRC shall publish and transmit to all interested parties a list of proposed designations, and shall disseminate relevant public information concerning the list or any site, structure, or area contained therein. 3. Public Hearing. The HRC may, and the ARC shall make recommendations on a proposed designation of a historical resource to the community development director. A public hearing by the planning commission, pursuant to Section 16.12.160 of this title, shall be scheduled in the event that the property owner does not consent to the application for a proposed designation. 4. Work Moratorium. While the planning commission's public hearing or the city council's decision on appeal is pending, the City requires development or building work moratorium on the site proposed for designation. E. Development and building permits 1. No exterior alterations shall be made by any person to a historical resource, an outstanding historical resource, or improvement located in a historic district without a development and building permit approved by the community development director upon a recommendation by the ARC, or on appeal by the planning commission or city council, nor shall the building official or planning commission grant any permit to carry out such work on a historical resource, an outstanding historical resource, or improvement located in a historic district without the prior issuance of a Minor Use Permit - Plot Plan Review pursuant to Section 16.16.060 of this Title. Decisions by the city pursuant to this section are "discretionary" and relate to "discretionary projects" as these terms are used in the California Environmental Quality Act (CEQA). Any permit, including a building permit, or other City approval that would authorize any change in the exterior of any proposed or designated landmark, or the exterior of any structure, building or significant feature within a designated or proposed preservation district, is a discretionary permit or approval within the meaning of CEQA 2. Ordinary maintenance and repair. Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior feature of any structure or property covered by this section, so long as i such maintenance and repair does not involve a change in exterior design, I material, or appearance. I i , I I 3. Unsafe or dangerous conditions. None of the provisions of this section shall prevent any measures of construction, alteration, or demolition necessary to correct the unsafe or dangerous conditions of any structure, other feature, or part thereof, where .such condition has been declared unsafe or dangerous by the building official or the fire chief, and where the proposed measures have been declared necessary by such official, to correct the said condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition and as is done with due regard for preservation of the appearance of the structure involved may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by act of God, to such an extent that in the opinion of the aforesaid officials it cannot be reasonably repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws. If the condition of an unsafe or dangerous historical resource, outstanding historical resource, or improvement located in a historic district so permits, the official in charge of overseeing correction of such a condition shall consult with the HRC and Community Development Director before carrying out corrective measures. 4. Duty to keep in good repair. The owner, lessees and any other person in actual charge or possession of a historical resource, an outstanding historical resource, or of any improvement located within a historic district shall take steps necessary to prevent: a. The substantial deterioration or decay of any exterior portion of such a resource or improvement; b. The substantial deterioration or decay of any interior portions thereof the maintenance of which is necessary to preserve any exterior portion. As used in this section, the term "substantial deterioration or decay" shall refer to those conditions of the structure or improvement which threaten the structural or historical integrity of the resource or improvement. 5. Showing of extreme hardship. If the applicant presents evidence clearly demonstrating to the satisfaction of the historical resources committee and community development director that failure to approve the application for a development or building permit will cause an immediate extreme hardship because of conditions peculiar to the particular structure or other feature involved, the planning commission may approve or conditionally approve such application even though it does not meet the standards set forth in subsection 16.16.211.8. In determining whether extreme hardship exists, the committee shall consider evidence which demonstrates: a. Denial of the application will diminish the value of the subject property so as to leave substantially no value; b. Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in the zoning district; c. Utilization of the property for lawful purposes is prohibited or impractical; d. Rental at a reasonable rate of return is not feasible. F. Additional Findings for the Alteration or Demolition a Designated Historic Resource In evaluating applications for an alteration or demolition of a designated historical resource, the community development director with a recommendation by the ARC, or the planning commission or the city council upon appeal shall consider the architectural style, design, arrangement, texture, materials, color, and other factors. The community development director, or the planning commission or city council upon appeal shall approve the issuance of a development permit or demolition permit for any proposed work if and only if it finds: a. With regard to a historical resource or outstanding historical resource, the proposed work will neither adversely affect the exterior architectural features of the resource nor adversely affect the character or historical, architectural, or aesthetic interest or value of such resource and its site. b. With regard to any property located within a historic district, the proposed work conforms to the standards for the district adopted by the committee, . and does not adversely affect the character of the district. c. The work is consistent with the provisions in Section 16.16.211.E. d. Demolitions. When application is made for a development or building permit to demolish a historical resource or an outstanding historical resource, the architectural review committee, community development director or planning commission disapproval of the application shall mean that no development or building permit shall be issued or demolition allowed until review and approval by the City is complete. -- - " , I ,-.-- - 9.a. I CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Arroyo Grande on TUESDAY, AUGUST 23, 2005 at 7:00 p.m. in the Arroyo Grande Council Chambers, 215 E. Branch Street, Arroyo Grande, to consider the following item: CASE NOS.: Plot Plan Review 05-004; Architectural Review Case 05-008; and Viewshed Review Case 05-008 I APPELLANT: Pace Brothers Construction I LOCATION: 135 Whiteley Street I The City Council will consider an appeal of the Planning Commission's denial of the above-mentioned project applications that are associated with the construction of a single-family house on a previously created parcel adjacent to the Arroyo Grande Creek. In compliance with the California Environmental Quality Act, the Community Development Department has prepared a Mitigated Negative Declaration for the above project The i Mitigated Negative Declaration is available for review at the Community Development I Department, City of Arroyo Grande. If the City Council does not feel that a Mitigated I Negative Declaration is appropriate, project approval will not be considered. Information relating to this proposal is available at the Community Development Department, located at 214 E. Branch Street, 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 the proposal may submit written comments to the City Clerk before the City Council meeting, or appear and be heard in support of or opposition to the proposal. If you challenge an item in court, you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearings. Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the action of the legislative bodyfor which the notice was given. ~/U- ity Clerk Publish 1 Time, The Tribune, on Friday, August 12, 2005 I I I MEMORANDUM , , TO: CITY COUNCIL ~ FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR I BY: JIM BERGMAN, ASSISTANT PLANNER ~ I SUBJECT: CONSIDERATION OF THE APPEAL OF PLANNING COMMISSION'S I DENIAL OF PLOT PL~N REVIEW 05-004, ARCHITECTURAL REVIEW j CASE 05-008 AND VIEWSHED REVIEW CASE 05-008; APPLICANT - PACE BROTHER'S CONSTRUCTION; LOCATION - 135 WHITELEY STREET, ARROYO GRANDE DATE: AUGUST 23, 2005 \ RECOMMENDATION: The Planning Commission recommends the City Council adopt a Resolution denying Plot Plan Review 05-004, Architectural Review Case 05-008 and Viewshed Review Case 05-008. FUNDING: No fiscal impact. I DISCUSSION: , . Backaround The applicant proposes to construct a house on Lot 4 of the Mason, Short & Whiteley I Addition, which was recorded on October 11, 1887. Prior to demolition of a 1950's i vintage house, Lots 4, 5 and 6 were under common ownership and functioned as a I single parcel, with Lot 4 being used as a side yard. The lot is 14,408 square feet in area , I and abuts and includes the Arroyo Grande Creek. The creek portion is' zoned Public Facility (PF), while the remainder is zoned Single Family Residential (SF). It should be noted that the 2001 General Plan designates the creek portion of the lot as Conservation/Open Space. On May 17, 2005, the Planning Commission reviewed a project with a five-foot creek bank setback and directed staff to return with a Resolution to deny the project (see Attachment 1, staff report and minutes). On June 21, 2005, the applicant proposed a new design with a 10-foot creek bank setback to the Planning Commission. After conducting a public hearing, the Planning Commission adopted Resolution 05-1966 denying Plot Plan Review 05-004, Architectural Review Case 05- 008 and Viewshed Review Case 05-008. Project denial was based upon findings that the proposal is inconsistent with the General Plan and Municipal Code, specifically related to the implementation of a 25-foot top of creek bank setback and due to the proposed house being larger than most surrounding houses and therefore does not fit into the character of the existing neighborhood (see Attachment 2, staff report and 1 --- --- CITY COUNCIL CONSIDERATION OF THE APPEAL OF PLANNING COMMISSIONS DENIAL OF PLOT PLAN REVIEW 05-004, ARCHITECTURAL REVIEW CASE 05-008 AND VIEWSHED REVIEW CASE 05-008; APPLICANT - PACE BROTHER'S CONSTRUCTION; LOCATION -135 WHITELEY STREET, ARROYO GRANDE AUGUST 23, 2005 PAGE 2 minutes). Further analysis of Planning Commission actions are discussed at the end of this report. The applicant appealed the decision of the Planning Commission within the 10-day appeal period and contends that a "25' setback does not allow a feasible project, nor does any setback down to 10'" and "Imposing the 25' setback from the creek would I constitute a takings under federal and state law" (page 1 and 2 of Attachment 3, "Appeal to the City of Arroyo Grande"). , Proiect Proposal I The applicant proposes to build a two-story home consisting of 2,252 livable square feet and a 464 square foot garage (2,716 square feet total). The proposed structure, at its closest point would be 10 feet from the top of the creek bank and the site would be graded to direct storm water runoff to the street before it enters the creek through a City maintained drop inlet. Jensen-Lenger Surveys established top of bank. In a phone I conversation with staff, Leonard Lenger stated that the top of bank at the rear of Lot 4 r was very apparent due to the sharp break in topography, however there were two banks near Whiteley Street. Mr. Lenger stated that all banks established are well above flood levels. No work is proposed in the creek channel and existing trees and vegetation are to be undisturbed to allow for erosion control. A retaining wall approximately 18 inches , in height is proposed at the top of bank to prevent drainage to the creek. A picket fence I , is also proposed on the retaining wall to discourage human and pet intrusion and r provide protection. The design of the house is "Craftsman" in style and both designs (5 , and 10 foot creek setback) were reviewed and recommended for approval by the , , Architectural Review Committee (ARC). The second recommendation included the , I caveat that the ARC recommended approval only if the Planning Commission found the proposed creek setback acceptable. Attachment 4 includes site, floor .and landscape plans and building elevations. , In addition to ARC review, property owners within 300 feet were notified of the potential two-story structure under the Viewshed Review process. Staff received no written comments from the public. Environmental Assessment Staff determined that development of this property is subject to review under the California Environmental Quality Act (CEQA) due to the discretionary nature of the , architectural review requirements of the 0-2.4 overlay zone and Viewshed Review. Staff , completed an Initial Study and found that the project could produce potentially significant effects on the environment (land use and planning, water, biological resources and cultural resources) unless mitigated. A Mitigated Negative Declaration was completed with mitigation measures focused on protecting the biological resources of the creek and potential cultural resources (see Attachment 6, Initial Study and r Mitigated Negative Declaration). These mitigation measures included: [ CITY COUNCIL CONSIDERATION OF THE APPEAL OF PLANNING COMMISSIONS DENIAL OF PLOT PLAN REVIEW 05-004, ARCHITECTURAL REVIEW CASE 05-008 AND VIEWSHED REVIEW CASE 05-008; APPLICANT - PACE BROTHER'S CONSTRUCTION; LOCATION -135 WHITELEY STREET, ARROYO GRANDE AUGUST 23, 2005 PAGE 3 . Protection of the creek and creek bank from encroachment and damage associated with construction; . An irrevocable offer of dedication of a creek maintenance easement including the creek, creek bank and 11 feet from the top of bank; i . Clear demarcation of the creek and prohibition of activities such as storing I materials, servicing and fueling vehicles at the construction site; and . A statement of actions that must be implemented if any cultural resources are I discovered during construction. A Notice of Availability related to these Initial Study and Mitigated Negative Declaration was mailed to the County Clerk on March 30, 2005 and posted at two locations at City Hall and mailed to property owners within 300 feet of the proposed project. No written comments from the public or agencies have been received to date. During the Planning Commission hearing process, the applicant submitted a Geologic Engineering report conducted by Buena Geotechnical Services of Paso Robles. The report states "the site is suitable for the proposed development from a geotechnical engineering standpoint provided that the recommendations of the report are successfully implemented." Recommendations of the report include over-excavating and recompaction of the building footprint and five feet outside of the building. perimeter to a depth of six feet. Staff contacted Buena Geotechnical Services and confirmed that no work will occur within 5 feet of the top of bank or within the creek channel. (The I Planning Commission stated concerns over the impact of over-excavating.) Some I I Planning Commissioners indicated that additional test borings closer to the creek bank : would be prudent. 25.foot Creek Easement Due to unusual circumstances including the early creation of the lot (1887), a small flat potentially buildable area outside of the creek channel and setback area, historical use as a side yard, modern creek protection policies, and state and federal law, staff recommended approval of both projects to the Planning Commission as outlined in the following explanation: Review of the General Plan indicates specific language related to protection of creeks including: C/OS2 Safeguard important environmental and sensitive biological resources contributing to healthy, functioning ecosystem. C/OS2-1 Designate all streams and riparian corridors as Conservation/Open Space (C/OS). i I I I I CITY COUNCIL CONSIDERATION OF THE APPEAL OF PLANNING COMMISSIONS DENIAL OF PLOT PLAN REVIEW 05-004, ARCHITECTURAL REVIEW CASE 05-008 AND VIEWSHED REVIEW CASE 05-008; APPLICANT - PACE BROTHER'S CONSTRUCTION; LOCATION -135 WHITELEY STREET, ARROYO GRANDE AUGUST23, 2005 PAGE 4 C/OS2-1.1 'Streams' and 'riparian corridors' shall include buffer area corresponding at least to natural vegetation and/or creek bank. C/OS2-1.2 Preserve stream and riparian corridors in their natural state except that periodic flood control maintenance consistent with State and Federal permits shall be allowed. C/OS2-1.3 Where feasible, maintain a grading and building setback of 25 feet from the top of stream bank. Locate. buildings and structures outside the setback. Except in urban areas where existing development exists to the contrary, prevent removal of riparian vegetation within 25 feet of the top of stream bank. C/OS2-1.4 Creekside trails may be designed within stream and riparian I corridors and building setback providing design and grading , are consistent with State and Federal permits and are sensitive to natural vegetation and include landscape mitigation. I Of these statements, C/OS2-1.1 and C/OS2-1.2 are most relevant to this Plot Plan I Review. Staff believes that C/OS2-1.1 is fulfilled due to the well-defined creek bank, location of the proposed structure, mitigation measures and the existing non-native vegetation associated with the flat portion of the lot. Staff believes that C/OS2-1.3 I wording "Where feasible" is key and allows for a lesser buffer in specific cases and is I interpreted to mean, if the full 25-foot buffer is not feasible, the greatest feasible distance should be applied. Full enforcement of a full 25-foot creek setback would reduce the net building area of a 14,408 square foot lot to a 1,157 square foot triangle as shown in Attachment 5. Staff is concerned that a reduction of this magnitude could be construed by the Courts as a "taking" under the Fifth Amendment of the Constitution. In addition to General Plan language, Section 16.64.060.R of the Municipal Code states: Creek Dedications. For any subdivision or parcel map or development project requiring discretionary review abutting the Arroyo Grande Creek, including its tributaries (Tally Ho Creek, Spring Creek, Newsom Springs Creek and Los Berros Creek), or Meadow Creek, including its tributaries, the subdivider or developer sh_all dedicate to the city all the area that includes the stream bed and twenty-five (25) feet back of the stream bank, areas designated as environmentally sensitive based on a biology report prepared by a I - ------ -- CITY COUNCIL CONSIDERATION OF THE APPEAL OF PLANNING COMMISSIONS DENIAL OF PLOT PLAN REVIEW 05-004, ARCHITECTURAL REVIEW CASE 05-008 AND VIEWSHED REVIEW CASE 05-008; APPLICANT - PACE BROTHER'S CONSTRUCTION; LOCATION -135 WHITELEY STREET, ARROYO GRANDE . AUGUST 23, 2005 PAGE 5 qualified biologist or other appropriate areas mutually acceptable for the purposes of "open space," flood control or "green belt." Exceptions to the requirements established in this subsection can be made only upon a finding that its application would violate federal or state law. This section appears to apply to discretionary projects, subdivision and parcel map projects although its applicability is somewhat in question due to the fact that the entire Section 16.64.060 is enacted pursuant to the Subdivision Map Act and specifically California Government Code Section 66477 (The Quimby Act), which allows a,City to require the dedication of land or impose in lieu fees for park or recreational purposes as a condition to the approval of a tentative map or parcel map. Even if the question of applicability is ignored, issues related to 5th Amendment takings under the Constitution still apply. Variance Staff initially required a Variance application to allow for deviation from the 25-foot creek dedication requirement in an effort to avoid a takings situation. Section 16.16.110 of the Municipal Code states "The purpose and intent of a Variance is to: Provide flexibility from the strict application of development standards [emphasis added] when special circumstances pertaining to the property, such assize, shape, topography or location, deprives such property of privileges enjoyed by other property in the vicinity and in the same district (consistent with the objectives of the development i code). I I Shortly after beginning review of the Variance application, including consultation with I the City Attorney, staff determined that the creek dedication provision is not a development standard as listed in Section 16.32.050 of the Development Code. Therefore a Variance does not apply. Development standards for residential districts include maximum density, minimum building site minimum lot width, minimum lot depth, minimum front yard, minimum interior side yard, minimum street side yard, minimum rear yard, maximum lot coverage, maximum height and minimum distance between buildings. Planninq Commission I After holding a public hearing, the Planning Commission adopted a Resolution denying the proposed project after being unable to make required findings. The Resolution I indicates 1) the project denies public access to the creek, 2) the proposed house is larger than the standard home in the neighborhood and 3) if redesigned to be consistent in size to other homes in the neighborhood, the applicant could provide a 15 of 16-foot creek buffer. l CITY COUNCIL CONSIDERATION OF THE APPEAL OF PLANNING COMMISSIONS DENIAL OF PLOT PLAN REVIEW 05-004, ARCHITECTURAL REVIEW CASE 05-008 AND VIEWSHED REVIEW CASE 05-008; APPLICANT - PACE BROTHER'S CONSTRUCTION; LOCATION -135 WHITELEY STREET, ARROYO GRANDE AUGUST 23, 2005 PAGE 6 Public Access As proposed, the development of the single-family house does limit access to the creek. However, current improvement patterns make the development of a creek side path difficult since there are houses in the vicinity with 10 and 15 - foot setbacks from the top of bank or utilize creek adjacent areas as backyards. House Sizes City records do not allow an accurate assessment of hpuse sizes in the surrounding neighborhood. Staff completed a visual survey of the area and estimates that house sizes are consistent with the determination of the Planning Commission that the standard home in the area generally ranges between 1,100 and 2,000 square feet. Buildable Area The table below was developed by staff using the applicants submitted plans and indicates approximate lot area based upon varying creek setbacks. Creek Setback Gross (Square feet Net (Square feet including front and less front and side side vard setback) yard setback) . 1 0 feet 3,419 2,820 1 5 feet 3,032 2,541 I 20 feet 2,891 1,944 I 25 feet 2,032 1,157 Due to the irregular triangle shape of the lot created by the top of creek bank, not all of the remaining areas are suitable to build a functioning house. It should also be noted that as the buffer distance is increased, the front of the lot becomes narrower, which may emphasize the garage doors and decrease areas for architectural refinements such as front doors, windows and porches. Overall, the data presented in the table appears to support the Planning Commission's statement that the house can be reduced in size to provide a,15 or 16-foot creek buffer. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Adopt the Resolution; - Modify as appropriate and adopt the Resolution; - Do not adopt the Resolution; and Provide direction to staff and the applicant Attachments: 1. Staff report and minutes from the May 17, 2005 Planning Commission 2. Staff report and minutes from the June 21, 2005 Planning Commission [ CITY COUNCIL CONSIDERATION OF THE APPEAL OF PLANNING COMMISSIONS DENIAL OF PLOT PLAN REVIEW 05-004, ARCHITECTURAL REVIEW CASE 05-008 AND VIEWSHED REVIEW CASE 05-008; APPLICANT - PACE BROTHER'S CONSTRUCTION; LOCATION -135 WHITELEY STREET, ARROYO GRANDE AUGUST 23, 2005 PAGE 7 3. Applicant's Appeal to the City of Arroyo Grande 4. Site, floor and landscape plans and building elevations 5. 10, 15, 20 and 25 foot setback diagram 6. Draft Initial Study and Mitigated Negative Declaration ! I I i I I I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING PLOT PLAN REVIEW 05-004, ARCHITECTURAL REVIEW 05-008 AND VIEWSHED REVIEW 05- 008 (Lot 4 only); 135 WHITELEY; APPLIED FOR BY PACE BROTHER'S CONSTRUCTION WHEREAS, the Planning Commission held public hearings on these subject applications in accordance with the City Municipal Code on May 17 and June 21, 2005 and adopted Resolution No. 05-1966 denying the proposed project; and WHEREAS, the applicant filed an appeal of the Planning Commission's decision on June 27, 2005; and WHEREAS, the City Council of the City of Arroyo Grande has held a public hearing and considered Plot Plan Review 05-004, Architectural Review 05-008 and Viewshed Review 05-008 (Lot 4 only) filed by Pace Brother's Construction, to construct a two story, single family house; and WHEREAS, the City Council has found that this project is not consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, after careful consideration of public testimony and the record in this matter the City Council finds as follows: ! I Findings nf Denial' 1. The proposed project is not consistent with the goals, objectives, policies and programs of the Arroyo Grande General Plan: General Plan policy C/OS2-1.3 states: "Where feasible, maintain a grading and building setback of 25 feet from the top of stream bank. Locate buildings and structures outside the setback. Except in urban areas where existing development exists to the contrary, prevent removal of riparian vegetation within 25 feet of the top of stream bank." The proposed project with a 10-foot setback is inconsistent with this policy since a house of adequate size, character and function consistent with houses in the surrounding neighborhood and the 0-2.4 historic overlay district (1,100 to 2,000 square feet) can be built utilizing a larger creek buffer. 2. The proposed project does not conform to applicable performance standards and will be detrimental to the public health, safety and general welfare: I Utilization of a creek setback smaller than one required to I construct a house of adequate size, character and function consistent with houses in the surrounding neighborhood and the I RESOLUTION NO. PAGE 2 0-2.4 historic overlay district will be detrimental to the public health, safety and general welfare by leading to unnecessary impacts to the creek such as erosion, slope instability and sedimentation. 3. The physical location or placement of the use on the site is not compatible with the surrounding neighborhood: The proposed project places a house substantially larger than other houses in the neighborhood in an unnecessarily small (to] creek setback, creating negative visual impacts to the creek corridor and surrounding neighborhood. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande denies without prejudice Plot Plan Review 05-004, Architectural Review 05-008 and Viewshed Review 05-008 (Lot 4 only) to construct a two story, single family house on located at 135 Whiteley Street with the above findings. i On motion by Council Member , seconded by Council Member I ' and by the following roll call vote, to wit: AYES: NOES: 1 ABSENT: , I the foregoing Resolution was adopted this 23rd day of August 2005. , I , I I RESOLUTION 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 I I ! I , I , I ~ -~ . . . , .~ ATTACHMENT 1 CITY OF ARROYO GRANDE ~ \ PLANNING COMMISSION MEETING HEARING DATE: Tuesday, May 17, 2005 AGENDA ITEM: JII.C CASE NUMBER: Plot Plan Review 05-004 Architectural Review 05~003, 05-004 and 05-008 View Shed Review 05-008 ApPLICANT: Pace Brother's Construction REPRESENTATIVE: Scott Pace PROJECT LOCATION: 135 Whiteley . PROJECT DESCRIPTION: Construction of three, two story, single family homes on three lots. PROJECT PLANNER: Jim Bergman, Assistant Planner ~ , ~ WHITELEY , ,---- I I Z ?l ~ Q~ .. :::: -.J ~ 1.(J) QJ 1Tl:-f CIl e ~ @:t-" 150.9 01 ~ co IS ?l Il' 0. r ....""'. 0" c I>) "@'" "lJ 10 I:l - RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution approving Plot Plan Review 05-004; Architectural Review 05-003, 05-004 and 05-008 and View Shed Review 05-008 . DISCUSSION: Backqround On April 19, 2005, the Planning Commission received notification, through the Consent Agenda, of the approval of Plot Plan Review 05-004, Architectural Review 05-003, 05-004 and 05-008 and Viewshed Review 05- 008. The. Planning Commission requested that a public hearing be held related to these approvals and indicated that the projects "are moving too quickly." This staff report presents the development review cases and chronicles staff actions and rationale for approval. Proiect Backqround The applicant purchased APN 007-494.-003 which consisted of lots 4, 5, and 6 of the Short, Mason & Whiteley subdivision, which was recorded on October 1.1, 1887. The applicant applied for a permit to demolish a house, which was built on portions of both lots 5 and 6. The demolition permit was granted after a report to the Architectural Review Committee and Planning Commission as required by the Municipal Code. Additionally, the applicant. applied for, and was granted tree removal permits by the Department of Parks and Recreation. The applicant proposes to construct three, two story, single-family homes on the three lots. Environmental Assessment After an evaluation of Plot Plan Review 05-004, staff completed a Draft Initial Study and Draft Mitigated Negative Declaration (Attachment 1). A Notice of Availability related to these documents was mailed to the County Clerk on March 30, 2005 and posted at two locations at City Hall and mailed to property owners within 300 feet of the proposed project. No written comriients from the public or agencies have been received to date. Review Process To date, staff has processed a Plot Plan Review for lot 4, three Architectural Reviews for lots 4, 5, and 6., and a single Viewshed Review for lots 4, 5, and 6. Staff has processed all development review applications separately based on the assumption that the three lot~ stand-alone since they were created during an earlier subdivision process. Plot Plan Review 05-004 Approval of a Plot Plan Review certifies that the land use.or development will satisfy all applicable provisions of the Municipal Code and enables the I Page2of6 issuance of a building permit under Title 15. A Plot Plan Review application for lot 4 was requested by the Community Development Department due to its proximity to the Arroyo Grande Creek. Staff determined that development of this property is subject to review under the California Environmental Quality .Act (CEQAl due to the discretionary nature. of the architectural review requirements of the 0-2.4 overlay zone. An Initial Study revealed that the proposed project could have a significant effect on the 'environment (land . use and planning, water, biological resources and cultural resources) if mitigation measures were not implemented. A Mitigated Negative .Declaration was completed with mitigation measures focused on protecting the biological resources of the creek and potential cultural resources. These mitigation measures include: . Protection of the creek and creek bank from encroachment and damage associated with construction; . An irrevocable offer of dedication of the creek, creek bank and 5 feet from the top of bank . Clear demarcation of the creek and prohibition of activities such as storing materials, servicing and fueling vehicles at the construction site. . A statement of actions that must be implemented if any cultural resources are discovered during construction. 25-foot Creek Easement The use, appropriateness and potential implementation of a City policy related to a 25-foot creek easement was reviewed and discussed by staff. I This review included consultation with the City Attorney regarding provisions of the General Plan and Municipal Code. The following assessment is the I basis for staff's recommendation to allow the use of a 5-foot from back of bank setback. I Review of the General Plan indicates specific language related to protection of creeks including: C/OS2 Safeguard important environmental and sensitive biological resources contributing to healthy, functioning ecosystem. C/OS2-1 Designate all streams and riparian corridors as Conservation/Open Space (C/OS). C/OS2-1.1 'Streams' and 'rip arian corridors' shall include buffer area corresponding at least to natural vegetation and/or creek bank. C/OS2-1.2 Preserve stream and riparian corridors in their natural state except that periodic flood control Page 3 of 6 maintenance consistent with State and Federal permits shall be allowed. . C/OS2-1.3 Where feasible, maintain a grading and building setback of 25 feet from the top of stream bank. Locate buildings and structures outside the setback. Except in urban areas where existing development exists to the contrary, prevent removal of riparian vegetation within 25 feet of the top of stream bank. C/OS2-1.4 Creekside trails may be designed within. stream and riparian corridors and building setback providing design and grading are consistent with State and Federal permits and are sensitive to natural vegetation and include landscape mitigation. Of these statements, C/OS2-1.1 and C/OS2-1.2 are most relevant to this Plot Plan Review. Staff believes that C/OS2-1.1 is fulfilled due to the well- defined creek bank, location of the proposed structure, mitigation" measures and the existing non-native vegetation associated wi"Lh the flat portion of the lot. Staff believes that CfOS2-1.3. wording -Where feasible- is key and allows for a lesser buffer in specific cases. Full enforcement of a 25-foot creek setback would reduce the building area of a 14,408 square foot lot to a 1,666 square foot triangle as shown in Attachment 2. Staff is concerned that a reduction of. this magnitude could be construed by the Courts as a I -taking- under the Fifth Amendment of the Constitution. In addition to General Plan language, Section 16.64.060.R of the Municipal Code states: Creek Dedications. For any subdivision or parcel map or I development project requiring discretionary review abutting . the Arroyo Grande Creek, including its tributaries [rally Ho .:Creek, Spring Creek, Newsom Springs Creek and Los Berros Creek), or Meadow Creek, including its tribli:taries, the subdivider or developer shall dedicate to the city all the area that includes the stream bed and t\venty-five (25) feet back of the (stream bank, areas designated as environmentally sensitive based on a biology report prepared by a qualified biologist or other appropriate areas mutually acceptable for the purposes of "open space," flood control or "green belt." Exceptions to the requirements established in this subsection can be made only upon a finding that its application would violate federal or state law. . I I Page 4 of6 This section appears to apply to discretionary subdivision and parcel map projects although its applicability is somewhat in question due to the fact that the entire Section 16.64.060 is enacted pursuant to the Subdivision Map Act and specifically California Government Code Section 66477 (The Quimby Act), which allows a City to require the dedication of land or impose in lieu fees for park or recreational purposes as a condition to the approval of a tentative map or parcel map. Even if the question of applicability is ignored, issues related to 5th Amendment takings under the Constitution rule still apply. Variance Staff initially required a Variance application to allow for deviation from the 25-foot creek dedication requirement in an effort to avoid a takings situation. Section 16.16.110 of the Municipal Code states "The purpose and intent of a Variance is to: Provide flexibility from the strict application of development standards [emphasis added] when special circumstances pertaining to the property, such as size, shape, topography or location, deprives such property of privileges enjoyed by other property in the vicinity and in the same district (consistent with the objectives of the development code). Shortly after beginning review of the Variance application, including , consultation with the City Attorney, staff determined that the creek I dedication provision is not a development standard as listed in Section ! I 16.32.050 of the Development Code, therefore a Variance does not apply. I Development standards for residential districts include. maximum density, minimum building site minimum lot width, minimum lot depth, minimum front yard, minimum interior side yard, minimum street side yard, minimum rear yard, maximum lot coverage, maximum height and minimum distance between buildings. . .Creek Easement Conclusion Utilization of the 25-foot creek dedication associated, with subdivisions remains intact and effective. In the Case of Plot Plan Review 05-004, staff is convinced that allowing less than a 25-foot creek easement will not create a precedent due to the near unique circumstances of this case, particularly, the pre-existing lots of an earlier subdivision and the need to avoid a Constitutional "ta kings" by balancing the protection of biological resources with adequate building area. Architectural Review 05-003, 05-004 and 05-008 Architectural Review 05-003 and 05-004 are associated with the development of the two non-creek lots. Both houses are substantially the Page 5 of 6 same although they mirror each other and utilize different ornamentation and colors. Each house can best be described as Victorian in architecture and are 2,063 square feet in livable area, with a three-car garage (672 square feet) and a secondary dwelling unit (624 square feet). Both houses utilize side- loading .garages. The Architectural Review Committee (ARC) evaluated the proposed structures on March 7, 2005. After' thorough discussion, the ARC approved the project 4-0 with seven specific design changes. The ARC commented on the rear decks and cautioned that they may have to be modified if . landscaping does not adequately provide privacy to neighbors. Architectural Review 05-008. was associated with the lot immediately adjacent to the creek. The house totals 2,350 square feet of livable area with an attached garage (426 square feet). The overall design of the house, site plan, and landscaping appears to be substantially influenced by the . adjacent Arroyo Grande Creek: The house tends to be long and progressively i narrows toward the back of the lot. The garage is front-loaded; apparently in ! an effort to minimize garage proximity to the creek or eliminate a potential backing. hazard associated with a side-loaded garage and the creek. The house appears to be a craftsman-like bungalow and "'includes features such I as a relatively low-pitched roof, wide eaves, and" decorative gables:and . windowsills. A hardboard type siding around the entire exterior is..proposed . with the exception. of stone veneer at the base of ,the front elevation. Roofing will consist of asphalt shingles. The ARC evaluated and recommended approval of the project on May 2, I 2005 by a 3 to 1 vote. I Viewshed Review 05-008 On April 6, 2005, Community Development Department staff sent a Notice of Intent to Construct an Addition or Structure to property owners within 300 feet of the proposed project as directed by Section 16.16.130 of the.. Municipal Code. On April 19, 2005, after receiving no written comments from ..concerned parties, and making the required findings, the Community Development Director approved Viewshed Review 05-008..: Attachments: 1. Draft Initial Study and Mitigated Negative Declaration 2. Illustration of 25 foot creek setback 3. Project plans -- Page 60f6 PLANNING COMMISSION MINUTES MAY 17, 2005 . He also appreciates changes in response to prior concerns. . He requested that Lot 6 sideyard setbacks be changed from 12' to 11' and from 3' to 4', . Density has been reduced by decreasing the size of units, and he has no problem with the eleven units now that the project complies better with City standards, . He would go along with increasing the width of the Elm Street planter. Keen: . Most of his comments were already addressed by other Commissioners. . He also appreciates the work done in the quick turnaround. time. . Can the Elm Street planter be increased in width to accommodate street trees (and the sidewalk width be reduced) or would it create a problem with public right of way requirements? ! 0 Mr. Devens answered that it's a 6' integral sidewalk on the plans with a 2' I planting area behind it. He didn't receive landscape plans, so it's difficult to I I comment. I 0 The applicant clarified that conduit would be placed below the sidewalk and , the proposed trees would bulb in slightly past the fence line into private yards. I . Perhaps the applicant could use metal or cast iron treewells, I Commissioner Tait made a motion, seconded by Commissioner Parker to approve TIM 05-001 and PUD 05-001 with the following changes: . Condition Lot 6 sideyard setbacks to increase the 3' northem setback by l' (to total of 4'), and decrease the southern 12' setback by l' (to total of 11 '). . Increase the width of Elm Street planter to 3' to allow for additional street trees, I Discussion: There was additional discussion on the Elm Street planter width, with Mr. Strong noting that if I it was increased from 2' to 3' wide, the 10' setback all along the rear property lines would decrease to g' (or other changes would have to be made if the units were to be shifted). Keen and Tait were favorable I towards decreasing the yards to g' to allow for additional planter space, but Commissioner Parker I expressed that 3' wouldn't be large enough for the trees. Commissioner Parker withdrew her second, but i Chuck Fellows seconded the original motion. I I RESOLUTION NO. 05-1963 , I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP 05-001 AND PLANNED UNIT DEVELOPMENT 05-001; LOCATED AT THE NORTHEAST CORNER OF SOUTH ELM AND MAPLE STREETS; APPLIED FOR BY AG SPANISH OAKS, LLC I The motion was approved on the following roll call vote: I AYES: Commissioners Tait, Fellows, Parker and Vice Chair Keen I NOES: None ABSENT: Chair Brown the foregoing Resolution was adopted this 17'h day of May 2005. I The Commission took a 15-minute break at 7:50 p.m. , C. PLOT PLAN REVIEW 05-004; ARCHITECTURAL REVIEW CASE NOS. 05-003, 05-004, 05-008 & VIEWSHED REVIEW CASE 05-006, APPLICANT - PACE BROTHERS' CONSTRUCTION; LOCATION -135 WHITELEY STREET Page 4 of 14 , I , PLANNING COMMISSION MINUTES MAY 17,2005 Assistant Planner, Jim Bergman presented the staff report and answered Commissioner questions. In response to Commission questions, Mr. Bergman and Mr. Devens made the following statements: . The statement that "exceptions can be made if it violates federal or state law" (in regards to the 25' setback from top of bank for TIM's) refers to the fact that government cannot take private property without due compensation to the owner. Governments may create laws that encompass entire properties without allowing for feasible use of the property, but they must compensate the owner according to Federal Court case law on takings. . The idea behind MM8 is for concrete trucks, etc., not to leak oil or hose materials down into the creek. The prohibition from working within 5' from top of bank was to maintain consistency and uniformity, and that should be an adequate distance. . Commissioners can condition the resolution to delete the words "to extent feasible" from MM10, the applicants would probably wish to comment further. . Wording for MM11 can be changed from "riparian area" to "5' from top of bank", since there is no riparian area. . Typically, concrete workers make a "washout pit" of hay bales with lignin and haul it off to the landfill once finished, and there's a designated area for fueling and oiling. This i should prevent construction waste from entering the creek. . MM9 does not require a Fish and Game permit, because work will be done on flat areas (sideyard and front yard) with clear demarcation (the berm) away from the creek. . The Uniform Building Code requires soil testing and engineering calculations before building permits can be issued, so they won't issue a building permit if the ground isn't stable. If it passed Planning Commission, but Building Department determines it's : unstable, any revised plans would be brought back for review. . Grading and construction can be done within the building footprint only (and not go into I the 5' setback) in a couple ways. If it's continuous spread footing, they can trench. It ! also depends on existing topography - assuming perfect conditions where water drains , away from the house, then they could build without grading. If grading sent water toward , , the creek, they could create a swale to take it out toward the street. . The applicant proposes to show an added bit of protection from water going to the creek by putting up a small block wall to ensure water goes to street. . Rip-rap will not be placed in the creekbed for control-that was inadvertently left on plans from prior drawings. . A PUD was an initial application process suggested for these lots, but it's up to the applicant to determine which process to follow, since they're three separate legal lots. Vice Chair Keen opened the public hearing to public comment. I Greg Soto, project architect, commented on some of the above concerns. The reviewed the idea of a PUD, but couldn't get good enough lots. The lot four house jets back and forth to make the building further away from the creek at different parts. If it was a smaller house, it would be inappropriate for the area. They could build up to the setback with a stem wall to not I have to deal with excavation. The berm wouldn't be considered "development" in the 5' from top of bank open space - it would be more of a landscape feature. In regards to questions about the soil, there were some old dead stumps removed, but there wasn't any erosion from the rain after they were taken out. They will get a soils report. The square footage of the proposed homes on lots 5 and 6 are (with granny unit) 2680 sf, and lot 4 is 2350 sf. Page 5 of 14 i I PLANNING COMMISSION MINUTES MAY 17, 2005 John Belsher, part of the project team and an attorney in real estate and land use, also spoke in support of the project. The drainage on the property is historically directed toward the street. He emphasized these are three separate projects on legal lots, that just happen to be owned by the same person. Only one resolution was produced in order to save time, but ARC considered them separately and so should Commissioners. The City Attorney has determined that lot 4 cannot be conditioned for zero development. A 25' setback would basically render the lot unbuildable. He shared photos (on file in Community Development Department). Also, the 25' setback is for subdivision approval, and this is not a subdivision. The review and buffer come in from CEQA. It's not a steep dropoff, but slopes down gradually. Other homes nearby have setbacks far less than 25'. Planning Commissioners don't have authority to merge the three lots into two. We're doing our best to work with planning staff to work on issues, but to suggest reconfiguration of 100-year-old lots is not an option. Kim Tulledge, environmental coordinator, answered technical questions from Commissioners. . Her expertise includes working with applicants to prepare EIR's and project descriptions. . A Fish and Game permit isn't required unless you go in the creek corridor (as long as you stay on the top of bank). Materials won't pass into the creek, since they're providing for all drainage out to the street and he won't discharge construction waste over the bank. Fish and Game doesn't have to be notified, because there's no riparian area involved. . The property was landscaped by the previous owner. If it was undeveloped property, it would be a different matter, but it's a house lot. . Because there's no discharge into the creek, no creek endangered species habitats will ; be impacted. On the drawings, there's a drainage system from the gutters to the street I and a short landscape block wall toward the street, which is the mitigation. i . There's a storm drain inlet in the street curb. Her experience is that if runoff goes into I existing an inlet, no Army Corps or Fish and Game permits are involved. Vice Chair Keen closed the public hearing to public input. Commissioner comments: ! Tail: . Strict application of code may make lot 4 unbuildable, but there are options for some ! compromise. Going from 25' to 5' doesn't seem like a compromise - that would be 12'. I He had a problem that this is a taking under the fifth amendment. Under research for . another project, it was shown that buffer protection is fair and legal. The rules protect the rights of everyone in the community. The City and State does not have only the right I but the obligation to protect the welfare of its citizens. He felt a clean safe creek has precedence over putting a house next to the creek. . This goes against the Open Space Element of the General Plan and against the Municipal Code. . As it stands, he cannot approve the way this project is, especially next to the creek. Parker . She agreed with Tait and could never support a 5' setback next to a creekbed. . Most neighboring houses are closer to 1000 sf than 3000 sf. These proposals are much bigger homes. If they can't put a similar size home in, that's one thing, but with the environmental and safety constraints and homes almost twice as big, she didn't see where that's a taking. . When she walked to the edge of the cliff, it's not in safe, stable condition - it's like a bog. Also, it's not a gradual slope. Page 6 of 14 PLANNING COMMISSION MINUTES MAY 17, 2005 , . Property owners have a right to build, but within the constraints of their property. If the 25' setback doesn't work, they can negotiate, but to eliminate the whole thing isn't appropriate. . It's unsafe without a wall for future owners so when they're close to the top of bank, they won't fall off the c1iffside. . A berm is a fine idea, but being 18" from the dropoff could be an environmental problem. Maintenance is continuous and the owners would have to go in the 5' setback. . Going from a 25' setback to basically no setback is not a compromise. This plan can be better. Fellows . It's a legal question to decide what is a taking He's not qualified, and would like that left for City Council to decide since they have the City Attorney to advise them. . Putting any home within a few feet of a creek is bad planning: and he couldn't vote to support it. . He suggested to deny it and send it on to City Council. Discussion on denial: . Vice Chair Keen responded that most of the concerns seem to be for Lot 4. Since Lots 5 and 6 are legal lots, with projects approved by ARC and staff, he'd like to vote on those individually and just send Lot 4 to City Council. . Commissioner Tait shared Fellows' concern and asked if they might lose control of what happens on Lot 4 by approving 5 and 6. . Commissioner Parker suggested taking the resolution as is, and the applicant can return with applications as separate lots if desired. 0 Mr. Strong clarified the single resolution was done to save time, but these are three separate lots and should be considered separately, especially if I Commissioners have issues with individual lots tonight. He stated if the Commission wishes to deny the project on Lot 4, it is imperative they state I specific findings to warrant that denial (this is standard process for all denials). If they want to wait to make a motion to allow the applicant further adjustment of setbacks for approval rather than litigation, they could defer a motion on Lot 4. In discussion with the City Attorney, he also advised the I Commission to make the specific findings necessary if they wanted a denial resolution. Lots 5 and 6 could certainly be acted upon separately tonight. I . Commissioner Parker asked Mr. Strong if he didn't feel Commissioners had I adequately addressed Lot 4 and their desire to deny it. 0 Mr. Strong replied they established the desire to deny it, but haven't made I findings to deny Lots 5 and 6. Drainage ahd stability have been addressed I by mitigation measures. The 25' setback that applies to subdivisions is a , potential issue and although not an expert on what constitutes a taking, the City Attorney is concerned that adherence to a full 25' setback could compel the City to acquire the lot. ' . Commissioner Parker commented that though specific in comments regarding a 5' setback, they haven't discussed a 25' setback. At the same time, it's not appropriate for. Commissioners to redesign the project - the applicant should be allowed to redesign and present a new project for further review I . Vice Chair Keen requested staff assistance in drafting an approval resolution for Lots I 5 and 6 that would delete wording applicable to Lot 4. Page 7 of 14 PLANNING COMMISSION MINUTES MAY 17, 2005 Vice Chair Keen made a motion to use the prepared resolution but to modify it to approve the Architectural Reviews and Viewshed Review for lots 5 and 6 only, deleting the associated conditions for lot 4, to read as follows: RESOLUTION NO. 05-1964 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING ARCHITECTURAL REVIEWS 05-003 and 05-004 AND VIEWSHED REVIEW 05-008; 135 WHITELEY; APPLIED FOR BY PACE BROTHER'S CONSTRUCTION The motion died for lack of a second. Mr. Strong requested they defer the item to allow staff to return with new resolutions prepared with City Attorney assistance. Commissioner Fellows moved and Commissioner Parker seconded deferral of these items to a subsequent meeting. Discussion on deferral motion: . Mr. Bergman requested the Commissioners articulate the specific findings they could not make, so he could properly return with a resolution that appropriately reflects Commission opinions. . Commissioner Tait stated he wasn't sure what Mr. Bergman was requesting. . Commissioner Parker stated that findings couldn't be made, because: 1.) It's not I . consistent with the General Plan and 2. ) It doesn't conform with the public welfare requirement. . Mr. Strong jumped in to suggest that rather than drag the meeting on, Commissioners I could make a motion reflecting a tentative denial, since it's clear the Commission intends to deny the Lot 4 project. The advantage of such a decision rendered this evening is that it could be appealed to City Council, rather than making the applicants wait two more weeks. Staff would still bring back an appropriate resolution to be formally acted upon at I the next meeting. Commissioner Fellows withdrew his deferral motion. He asked if they could deny all the lots as proposed and let the applicant appeal to City Council. Mr. Strong answered yes, but added a denial needs to be formally structured (with specific statements about which findings the Commission couldn't make.) In response to questions about the projects having significant legal questions, Mr. Strong further stated that the City Attorney did request that if . Commissioners were inclined to deny the project, then they take tentative action at best and . state which specific findings they couldn't make. . , I Commissioner Fellows again moved to continue these projects to the next meeting, this time in order to get additional answers to legal questions. Motion died for lack of a second. Vice Chair Keen remade his original motion (as described above). I Additional discussion: I . Commissioner Tait asked if they approve Lots 5 and 6 and denying 4, won't they need I specific findings for Lot 4 at this time? Mr. Strong replied that staff can assume direction Page 8 of 14 ----- PLANNING COMMISSION MINUTES MAY 17,2005 to return with a resolution for denial on Lot 4, but it wouldn't be appealable until Planning Commission takes that action. . Commissioner Parker asked why Lots 5 and 6 were coming forward if they followed all General Plan and other guidelines. Mr. Strong reminded Commissioners that they were listed as consent agenda items and the Commissioners appealed them for discussion. Perhaps the confusion was bringing all three projects forward with one resolution. 0 Commissioner Parker asked why would they have come forward on their own. Mr. Strong replied that the Architectural Reviews have to be reported on consent agendas. The Commission could have appealed just Lot 4. Commissioner Tait seconded the motion, which was approved on the following roll call vote: AYES: Vice Chair Keen, Commissioners Tait, Fellows and Parker NOES: None ABSENT: Chair Brown the foregoing Resolution was adopted this 17th day of May 2005. Vice Chair Keen requested staff come forward with a resolution for denial of Lot 4 at the next regular meeting. Commissioner Parker moved and Commissioner Tait seconded this request. Motion passed: 4/0 voice vote. Due to the 10:00 end of meeting bylaw, Commissioners discussed extending the time and which items to review. It was decided that Hampton Inn and the CIP should be reviewed tonight, due to scheduling, but the two pre-application reviews were to be continued. Commissioner Fellows made a motion to continue items IV. A. and IV.B. to a special meeting on May 31, 2005. Motion passed: 4/0 voice vote. I The Commission took a 10-minute break at 10:00 p.m. D. DEVELOPMENT CODE AMENDMENT CASE NO. 05-008 (INITIATED BY THE CITY OF ARROYO GRANDE); CONDITIONAL USE PERMIT CASE NO. 04-009 AND TENTATIVE PARCEL MAP CASE NO. 05-003; APPLICANT - GARY WHITE; LOCATION - 1400 WEST BRANCH STREET/CAMINO MERCADO INTERSECTION. I Assistant Planner, Jim Bergman presented the staff report and answered Commissioner I questions. This project was previously reviewed as.a pre-application. There are three applications being considered today: a Development Code Amendment (DCA) to change zoning from Office Mixed l,.Jse (OMU) to Planned Development (PD1.1) to allow flexibility in development standards; a Tentative Parcel Map to create two parcels (one for the hotel and one for the restaurant); and a Specific Development Plan (via Conditional Use Permit) to allow construction and operation of the hotel and restaurant. At last week's City Council meeting, the applicants discussed changes to the conceptual landscape plan, retaining walls, oak trees, architectural refinements to West Branch frontage, and further investigation of moving back the top stories. In response to Commission questions, Mr. Strong, Mr. Bergman and Mr. Devens made the following statements: I Page 9 of 14 - - '" j ~ ATTACHMENT 2 CITY OF ARROYO GRANDE ~, PLANNING COMMISSION MEETING HEARING DATE: Tuesday, June 7, 2005 AGENDA ITEM: 111.8 CASE NUMBER: Plot Plan Review 05-004 Architectural Review 05-008 View Shed Review 05-008 (Lot 4 only) ApPLICANT: Pace Brother's Construction REPRESENTATIVE: Scott Pace PROJECT LOCATION: 135 Whiteley PROJECT DESCRIPTION: Construction of a two story, single family house PROJECT PLANNER: Jim Bergman, Assistant Planner RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution approving Plot Plan Review 05-004; Architectural Review 05-008 and Viewshed Review 05-008 (Lot 4 only). DISCUSSION: Proiect Description The proposed project is to construct a single-family residence on a 14,804 square foot lot, which abuts and includes the Arroyo Grande Creek. The single-family residence with a two-car garage is proposed to be two stories and approximately 2,600 square feet. The proposed structure, at its closest point would be 11 feet from the top of the creek bank. The project requires Architectural Review as part of the D-2.4 overlay district and Viewshed Review as a two-story residence in a developed area. Backqround On April 19, 2005, the Planning Commission received notification, through the Consent Agenda, of the approval of Plot Plan Review 05-004, Architectural Review 05-003, 05-004 and 05-008 and Viewshed Review 05- ,. 008. The Planning Commission requested that a public hearing be held related to those approvals. On May 17, 2005 the Planning Commission instructed staff to return with a Resolution and appropriate findings to deny Plot Plan Review 05-004, Architectural' Review 05-008 and' Viewshed Review 05-008 (lot 4 only). On May 19, 2005, correspondence was received from the applicant's attorney requesting that a Resolution for denial ~e postponed and a redesign of the house utilizing Planning Commission input be presented at tonight's hearing. Issues raised by the Planninq Commission At the May 17, 2005 meeting, the Planning Commission discussed, issues about the proposed development including the adequacy and consistency of mitigation measures, size of the setback, the size of .the:house 'inrelation to existing houses in the neighborhood, stability of soils, susceptibility of the occupants to falling into the creek, and the suitability of the proposed low earth-berm wall adjacent to the creek. Redesiqn The applicant has submitted a revised set of plans addressing many of the concerns expressed by the Planning Commission. Creek Setback The applicant now proposes that specific points of the house be located eleven feet from the top of the creek bank. The increased setback was accomplished by moving the entry and sitting room closer to Whiteley Street and by relocating the master bedroom and bathroom to the second floor. House Size The applicant has reduced the building footprint by 450 square feet and minimally reduced the livable area of the house (2,252 vs. 2,350). Both lot coverage and floor area ratio are below maximum limits allowed by the code. Soil Stability The applicant has obtained a report from a qualified geotechnical engineer, which states that "the site is suitable for the proposed development from a geotechnical engineering standpoint provided that the recommendations of the report are successfully implemented." Recommendations of the report include over-excavating and recompaction of the building footprint and five feet outside of the building perimeter to a depth of six feet. Staff, contacted Buena Geotechnical Services and confirmed that no work will occur within 5 feet of the top of bank or within the creek channel (see Attachment 1). Fall Hazards The applicant proposes to install an 1 8 to 24 inch picket fence on top of the small retaining wallin an effort to protect inhabitants from falls and to decrease foot traffic in the creek. The earth-berm retaining wall and the picket fence will total four feet in height. Page 2 of 6 Suitability of the low earth-berm wall The applicants continue to propose the low earth berm wall as a measure to ensure that runoff water from the property will not erode the creek bank. Altern'atives to the earth-berm wall include deletion, relocation or substitution with other techniques'such as a V-channel. Environmental Assessment After an evaluation of Plot Plan Review 05-004, staff completed a Draft Initial Study and Draft Mitigated Negative Declaration (Attachment 2). A Notice of Availability related to these documents was mailed to the County Clerk on March 30, 2005 and posted .at two locations at City Hall and mailed to property owners within 300 feet of the proposed ,project. No written comments from the public or agencies have been received to date. A revised Initial Study and Mitigated Negative. Declaration are attached and include updated creek setback distances. Planning Commission comments from the May 17,.2005 meeting included an inquiry into the applicability of requesting a Streambed Alteration Permit from the California Department of Fish and Game. Section 1602 of the Fish and Game Code states: (a) An entity may not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake; or"deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless all of the following occur... Staff, believes that the project does not require a permit since all work is contained to areas outside of the creek and mitigation measures are adequate to avoid any possibility of diversion or redirection of the creek, substantially change or use any material from the bed, channel or bank or dispose of other materials containing crumbled, flaked, or ground pavement. Staff did attempt to contact the California Department of Fish and Game to request an evaluation of whether or not this project should apply for a streambed alteration permit. Fish and Game staff would not provide an evaluation and stated that the applicant needs to apply to be informed that a permit is not needed. Plot Plan Review 05-004 Approval of a Plot Plan Review certifies that the land use or development will satisfy all applicable provisions of the Municipal Code and enables the issuance of a building permit under Title 1 5. A Plot Plan Review application for lot 4 was requested by the Community Development Department due to its proximity to the Arroyo Grande Creek. Staff determined that development of this property is subject to review under the California Environmental Page 3 of 6 -- ---- ,. Quality Act (CEQA) due to the discretionary nature of the architectural review requirements of the 0-2.4 overlay zone. An Initial Study revealed that the proposed project could. have a significant effect on the environment (land use and planning, water, biological resources and cultural resources) if mitigation measures were not implemented. A Mitigated Negative Declaration was completed with mitigation measures focused on protecting the biological resources of the creek and potential cultural resources. These mitigation measures include: . Protection of the creek and creek bank from encroachment and damage associated with construction; . An irrevocable offer of dedication of a creek' maintenance easement including . the creek, creek bank and 11 feet from the top of bank . Clear demarcation of the. creek and prohibition of activities such as storing materials, servicing and fueling vehicles at the construction site. . ,A statement of actions that must be implemented if.. any,. cultural resources are discovered during construction. 25-foot Creek Easement The use, appropriateness and potential implementation of a City .policy related to a 25-footcreek easement was reviewed and discussed by. staff. This review included consultation with the City Attorney regarding provisions of the General Plan and Municipal Code. The following assessment ,is the basis for staff's recommendation to allow the use of an 11-foot top of bank setback. Review of the General Plan indicates specific language related to protection of creeks including: C/OS2 Safeguard important environmental and sensitive biological resources contributing to healthy, functioning ecosystem. C/OS2-1 Designate all streams and riparian corridors as Conservation/Open Space (C/OS). C/OS2-1.1 'Streams' and 'rip arian corridors' shall include buffer area corresponding at least to natural vegetation andlor creek bank. C/OS2-1.2 Preserve stream' and riparian corridors in their natural state except that periodic flood control maintenance consistent with State and Federal permits shall be allowed. Page 4 of 6 C/OS2-1.3 Where feasible, maintain a grading and building setback of 25 feet from the top of stream bank. Locate buildings and structures outside the setback. Except in urban areas where existing development exists to the contrary, prevent . removal of riparian vegetation within 25 feet of the top of stream bank. C/OS2-1.4 Creekside trails may be designed within stream and riparian corridors and building setback providing design and grading are consistent with State and Federal permits and are sensitive to natural vegetation and, include landscape mitigation . Of these statements, C/OS2-1.1 and C/OS2-1.2 are most relevant to this Plot Plan Review. Staff believes that C/OS2-1.1 is fulfilled due to the well- defined creek bank, location of the proposed structure, mitigation measures and the existing' non-native vegetation associated with the. flat portion . of. the lot. Staff' believes that C/OS2-1.3 wording "Where. feasible" is key and allows for a .Iesser buffer in specific cases. Full enforcement .of a"25-foot creek 'setback would reduce the building area of a 14,408 square foot lot to a 1,666 square foot triangle as shown in Attachment 3. Staff is, concerned that a reduction of this magnitude could be construed by-the. Courts. as ,a "taking" under the Fifth Amendment of the Constitution. Creek Easement Conclusion Utilization of the 25-foot creek dedication associated with subdivisions remains intact and effective. In the Case of Plot Plan Review 05-004, staff is convinced that allowing less than a 25-foot creek easement will not create a precedent due to the near unique circumstances of this case, particularly, the pre-existing lots of an earlier subdivision and the need to avoid a Constitutional "ta kings" by balancing the protection of biological resources with adequate building area. Architectural Review 05-008 Although the front elevation, building materials and exterior colors remain substantially unchanged, the redesign of the house has been submitted for review by the Architectural Review Committee. This review will occur on June 6, 2005 and staff will present the Architectural Review Committee's recommendation at the public hearing. Viewshed Review 05-008 On April 6, 2005, Community Development Department staff sent a Notice of Intent to Construct an Addition or Structure to property owners within 300 feet of the proposed project as directed by Section 16.16.130 of the Municipal Code. On April 19, 2005, after receiving no written comments Page50f6 :"::' from concerned parties, and making the required findings, the Community Development Director approved Viewshed Review 05-008. Attachments: 1. Geotechnical Soils Report 2. Draft Initial Study and Mitigated Negative Declaration 3. Illustration of 25 foot creek setback 4. Project plans, Page 6 of 6 Planning Commission City of Arroyo Grande June 8,2005 I would like to submit the following written comments regarding Plot Plan Review 05-004, applicant Pace Brother's Construction. This item was continued from the meeting of June 7th to the June 21st meeting which I am not able to attend. Two topics I would like to comment on are setback protections and Fifth Amendment Takings. Setback Protections The. locations of any irrigated turf and impervious surfaces in relation to the proximity of Arroyo Grande Creek should be discussed; for a creek's riparian area may need a wide buffer or setback if it has, or will have, lawns, .landscaped areas, or gardens where fertilizers and pesticides are used. '" Increasing buffer widths would greatly assist in keeping our creeks healthy. The , effectiveness of even modest riparian setbacks is unquestionable- research indicates that appropriately vegetated buffers will sequester and treat most non-point contaminants. (S.J. Wenger. "Review of Scientific Literature on Riparian Buffer . Widths"). The only cost effective and proven way to keep non-point source runoff out of our creeks is to moderate human activity and limit paved and built-on surfaces in riparian areas. Setback protections do not deprive the land of its economic value, but rather preserve the economic value of downstream land, water quality, and wildlife habitat. It costs a lot more, and takes much longer to restore water quality than to protect it in the first place. I believe it is the Planning Commission, City Council - the City of Arroyo Grande's responsibility to protect Arroyo Grande Creek and its habitat. When we willingly reduce setback buffer areas that protect these habitats, it appears that we are shrugging our responsibility. .' .. ~ " . A '"" . Fifth Amendment and TakinQs of Private Propertv It seems staff is basing a recommendation of approval, in part, on avoiding a Constitutional "takings" under the Fifth Amendment. Staff's statement, "exceptions can be made if it violates federal or state law in regards to the 25 foot setback from the top of the bank refers to the fact that the government cannot take private property without due compensation to the owner" I must respond. My response is taken from a variety of sources including: The Community Rights Council, The Georgetown Environmental Law'and Policy Institute, and the Washington Post. It is clear that when a government physically seizes property (as for a highway or a park, for example) that it will have to pay just compensation. As smatter of understanding the "takings" clause which reads: "nor shall private property be taken for public use, without just compensation"... only applied to direct appropriations and was never intended to apply to reQulations at all. That was the framers intent. Until the 1980's the Supreme Court's interpretation of the takings clause was governed by three si~ple, long standing rules. First government actions that physically took away property from owners alwavs required compensation. Regulatory impositions rarelv did, and then only iftheir character and impact were so severe as to be akin to physical expropriation. Finally, the Court gave government's broad latitude to regulate under a "nuisance" exemption; these , rules protecting community health and safety could never be considered regUlatory takings. In the late 1980's there was a presidential directive for federal agencies to assess the takings implications of proposed policies and actions. The Solicitor General in the Justice Department at that time wrotethatthe attorney general had a specific, aggressive, and it seemed to him, a quite radical project in mind: to use the takings clause of the Fifth Amendment as a severe brake on federal arid state regulations of business and property. Working most effectively through a pair of little-known federal courts, certain legal activists have run a highly successful 15 year campaign to overthrow two centuries of legal precedent interpreting the Fifth Amendment's takings clause. From the outset, this campaign has been expressly intended to prevent local, state, and federal governments from enforcing land use and environmental laws by ,completely upending the long-standing body of case law that balanced the rights of owners with those of the community. .> ; '2 . . The Supreme Courts' latest decision on a controversial "takings" issue struck an important, and unexpected, blow in favor of sensible community land use planning and regulation. By a vote of 6 to 3 the Court rejected the argument of a group of property owners at Lake Tahoe that a building moratorium effected a "taking". Justice Stevens wrote in the opinion of the court, "Land use regulations are ubiquitous ( commonly exist) and most of them impact property values in some tangential way - often in completely unanticipated ways. Treating them all as... takings would transform government regulation into a luxury few governments could afford". This decision is important here, because of the importance assigned to the goals of land-use planning and regulation. The court deferred to the consensus of the planning community. It seems developers and other landowners are increasingly attempting to use "takings litigation", or the mere threat of takings litigation, to convince government agencies to relax or abandon vital protections fo~ our neighborhoods and natural environment. As a result some public official'are reluctant to implement community protection's in order to avoid the risk of takings liability. Peter Douglas made the following statements in a speech before the CA Chapter' of the American Planning Association: , "Those of us in government charged by law with the protection of health, safety and welfare especially in the area of land-use planning and regulation have been outgunned, outflanked, and intimidated by the tactics of the private property rights coalitions. This is especially apparent at the city and county level where the fear of monetary penalties imposed on impoverished local governments because of "wrong" decisions on individual property rights has resulted in countless land-use actions that fail to protect important community environmental values and interests. We argue that private land ownership entails both rights and responsibilities. Responsibilities to immediate neighbors, downstream property owners, the environment, the public at-large, and future generations". ,'. - r:l Generally, I am for property rights, but what we are talking about here is property resDonsibilities. Regulations are in place to protect all our property values and our collective interest in a safe, healthy, and enjoyable community. So let us muster our responsibility, uphold our General Plan and Municipal Code and just say no to this project as it stands. . In conclusion, regarding "Findings for Approval". I believe the proposed project is not consistent with the goals, objectives, policies and programs.of the Arroyo Grande General Plan. . . which aim to safeguard stream resources within the City. I believe the proposed project does not satisfy all applicable provisions of the Municipal Code, specifically Section 16.64.060(R). Respectively yours, <--. --............. - ~ L.-0- ~. ") ----- Doug Tait , 0 MINUTES CITY OF ARROYO GRANDE PLANNING COMMISSION JUNE 21, 2005 6:00 P.M. CALL TO ORDER - The Arroyo Grande Planning Commission met in regular session with Chair Brown presiding: also present were Commissioners Fellows and Parker. Commissioners Keen and Tait were absent. Staff members in attendance were Community Development Director, Rob Strong, and Assistant Planner Jim Bergman. AGENDA REVIEW: Chair Brown noted Items III.B. and IIl.C. would be continued. APPROVAL OF MINUTES: None. I.A. ORAL COMMUNICATIONS: None. I.B. WRITTEN COMMUNICATIONS: None. II.A. CONSENT AGENDA AND ADMINISTRATIVE APPROVALS SINCE JUNE 7, 2005: None. III. PUBLIC HEARING ITEMS: A. (Continued from the meeting of June 7, 2005) PLOT PLAN REVIEW CASE NO. 05-004; ARCHITECTURAL REVIEW CASE NO. 05-008 AND VIEWSHED REVIEW CASE NO. 05-006; APPLICANT - PACE BROTHER'S CONSTRUCTION; LOCATION -135 WHITELEY STREET. Assistant Planner, Jim Bergman, presented the changes to this project from the prior meeting. Proposed construction of this house is now within 11' of the top of bank of the Arroyo Grande Creek. The ground floor footprint and overall size of the house have been reduced. They have obtained a geotechnical engineering report verifying the soil can support the house. They now propose a picket fence topping the earth berm as a safety measure near the creek. The mitigated negative declaration has been modified to reflect the 11' setback from the creek. Staff questions: . At the last meeting, a flag was requested to be placed at the top of bank, but it's not there. Mr. Bergman noted he hasn't been out to the site recently, but the applicant put up a fence, which is about l' to the house side of the top of bank. . It looks like grading started today right next to the top of bank. Staff can look into this further. . Who will be responsible for the earth berm and what is the length? The property owner will be responsible for it and it will run the length of the property line. Chair Brown opened the public hearing to public comment. ! ! MINUTES PLANNING COMMMISSION JUNE 21, 2005 PAGE 2 Scott Pace, applicant, answered Commissioner questions in further detail. . The activity noted on the lot is just tree root removal to a depth of 3'. They did stay 10' away from the fence on the creek bank. They are grading the two approved lots, but the third is just tree root removal per the soils report. (Site inspection clarified that roof removal did occur closer than 10'.) . 'It is their intent to pipe water from the downspouts of all three houses out to the street. Greg Soto, architect, added that the i'back drain" referred to in the geology report particularly refers to a pipe on the back side of the retaining wall (berm), so that water that leeches through the soil will be drained to the street through French drains and ground pipes (no bio-filters are currently planned). Discussion: In response to a question if a grading permit was required, Mr. Strong answered no, the amount of dirt they have moved is less than 50 cubic yards. In addition, when the building permit is sought, the foundation engineering, which is part of the geotechnical report, would be followed. It is proposed there be over-excavation and re-compaction of the soils related to the foundation. That might appear similar to grading, but the purpose is strictly site preparation for the foundation. Public Works will oversee compliance, as well as the geotechnical engineer. They have a permit for tree removal, which would include removal of tree roots, so they are not doing any work that would require additional permits. Greg Soto, architect, noted one correction to the staff report - the newly proposed setback is actually 10' (not 11 '). Chair Brown closed the public hearing to public comment. Commissioner comments: Parker . She made extensive comments based on CEQA, the mitigation measures, the geotechnical engineering report and other concerns that are detailed in her notes (on file in the Community Development Department). . She noted that Commissioner Tail's letter (also on file at the Community Development Department) was well-written and she agreed with him. . FINDINGS FOR DENIAL- 1. The proposed project is inconsistent with the goals, objectives, policies and programs of the Arroyo Grande General Plan, including implementing policies: . Conservation and Open Space element of the General Plan (C/OS2-1.1 and C/OS2-1.3), nor does it provide for accessibility of the area to the public. The project also removes scenic resources that are unique to the City and contribute to the character of the neighborhood as well as the City. The project provides creek and bank dedication, but then takes it away by building a fence along the bank. MINUTES PLANNING COMMMISSION JUNE 21, 2005 PAGE 3 2. The proposed project does not conform with applicable performance standards and will be detrimental to the public health, safety or general welfare, since the project does not satisfy all applicable provisions of the Municipal Code including development standards of the single-family zoning district. 3. C/OS2 Safeguard important environmental and sensitive biological resources contributing to healthy functioning ecosystem. Designate all streams and riparian corridors as Conservation Open Space. Shall include buffer area corresponding at least to natural vegetation. and or creek bank. 4. C/OS2-1.3 Where feasible, maintain a grading and building setback of 25' from top of stream bank. Locate buildings and structures outside setback. . 5. C/OS2-1.4 Creekside trails may be designed within stream and riparian corridors. Although this states "may be designed", this project does not provide for use of a creekside trail as stated both in this section and in the Parks and Recreation Element. 6. #3 under findings for approval states: The physical location or placement of the use on the site is compatible with the surrounding neighborhood due to the fact the development utilizes existing lots of the original Short, Mason and Whiteley subdivision and complies with all development standards of the single-family zoned district to include setbacks, height, floor area ratio and lot coverage. According to surrounding neighboring homes, this project comes in very much larger, making it incompatible. 7. Historic Overlav District: The construction of any building or structure enhances, to the maximum extent feasible and does not interfere with, detract from or degrade the historic, cultural, architectural or archaeological resource values of the district due to mitigation measures instituted in the Mitigated Negative Declaration, and the projects compliance with the Design Guidelines for Historic Districts as recommended by the Architectural Review Committee. - The use proposed for a building, structure, or parcel of land is incompatible with the uses predominating in the designated area, since the proposed single-family house is not similar to neighboring residences. Both house footprint and garage are too large. Standard garage in this area is one or two cars at 400 sf. This garage is 440 sf. A standard home in the area is between 1100 and 2000 sf. This home is 2250 sf plus garage. The established scale of the existing neighborhood is much smaller and unique in character. - #3 The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project, since it complies with the provisions of the Municipal Code. As per our General Plan, the project is too close to the creek bank, which could be or easily become unstable and possibly erode into the federally protected creek below. MINUTES PLANNING COMMMISSION JUNE 21, 2005 PAGE 4 - #6 The proposal will not impair the desirability of investment or occupation in the neighborhood since the proposed development is similar in site design, building style, and size as compared to surrounding residences. This is not true. 8. Viewshed Review: #1 Section 16.16.130 of the Municipal Code: purpose and intent: to preserve the existing scope and character.of established single family neighborhoods and to protect views and aesthetics and other property values in such neighborhoods in a manner that is compatible with reasonable expansion on existing developed lots. Character and scale of neighborhood is as previously stated much smaller in size and scale. This structure, if built within the scale and character of the neighborhood, will fit into the restraints of the property as well. The unique character of the property along the creek will be hindered with this project. Fellows: . The main question is: would anything less than a 25' setback be okay? . Just because the water has run off to the street in the past doesn't mean that now isn't a good time to start improving the drop inlet with a fossil filter. . The staff report stated that Buena Geotechnical Services had confirmed no work will happen within 5' from the top of bank, but it's already happened. This shows that it's too difficult to stay away from the creek bank. . It was interesting that the second boring at 0' into the soil was moist, at 5' wet, and 10' very wet. It's a very sensitive site and will be even more interesting to see what happens at excavation and compaction. . Mitigated Negative Declaration concerns- 0 La. - he would like further explanation for rating. 0 Lb. - should be a "potentially significant impact". 0 IV.c. - should be a "potentially significant impact" unless mitigated (and could be mitigated with a good fossil filter). 0 VILc/d. -the riparian community will have a "potentially significant impact". 0 XIlLb. - the 25' creek impact, when followed, increases the value of the entire neighborhood, so it should be a "potentially significant impact" if the house ends up right by the creek, which he doesn't think it should. 0 XVl.b. - The answer is "absolutely" if built within 25' of creek (so it should be a "potentially significant impact"). . He appreciated Commissioner Tait's letter, noting Tait is a Park Ranger and well- tuned to the environment. He further commented as follows: 0 Even if fertilizers and pesticides used on lawns just percolate straight down through the soil, there's potential for contamination of the creek. 0 He read most of the sections on takings, commenting that the Commission should not be working under fears of a lawsuit. . He read section 16.64.060(R) of the Development Code, which states: Creek Dedications. For any subdivision or parcel map or development project requiring discretionary review abutting the Arroyo Grande Creek, including its tributaries (Tally Ho Creek, Spring Creek, Newsom Springs Creek and Los Berros Creek), MINUTES PLANNING COMMMISSION JUNE 21, 2005 PAGE 5 or Meadow Creek, including its tributaries, the subdivider or developer shall dedicate to the City all the area that includes the stream bed and twenty-five (25) feet back of the stream bank, areas designated as environmentally sensitive based on a biology report prepared by a qualified biologist or other appropriate areas mutually acceptable for the purposes of "open space," flood control or "green belt." r He believes the Pace Brothers and Greg Soto could build a very nice I' home outside of the 25' setback, maybe smaller than what they want, but I still highly profitable. It would sell for a premium because of the proximity to the creek greenbelt, so there's no question of a taking. . 25' is the bare minimum to stay away from the creek environment, to protect it and our water supply and downstream neighbors. ~ . There are enough legal questions to deny this project as applied for, so the City '11 ;,' Ii Attorney and the City Council can decide if the house can be built within 25' of 1:1 ~J the creek bank or not. '1 . He agreed with Commissioner Tait's final conclusion that the project is not consistent with the goals, objectives and policies of the General Plan and it does not satisfy provisions of Municipal Code 16. 64.060(R). Brown . A balance has to be struck between the desire of the developer (to develop his property) and that of the community (as spelled out in the General Plan and Development Code). . This project can get approved in some form and does not represent a taking. . In terms of finding detai.ls for denial, Commissioner Parker's findings give clear and definitive reasons why this project should not be approved in its current form. . His own findings that cannot be met are: 0 Plot Plan Review Finding #1 - It doesn't meet that criteria. 0 Plot Plan Review Finding #2 - It doesn't meet that criteria. 0 Additional PPR Review Findings for Historic Character Overlay District #2 - It doesn't meet that criteria. 0 CEQA Finding #3 - It doesn't meet that criteria. . In addition, both Commissioners Parker and Fellows mentioned shortcomings in the negative declaration process that he agreed with. . He was surprised this came forth as a consent agenda item, but the process is working and this is a good way to deal with issues. . The Geotechnical report needs to address issues like boring closer to the creekbank for more realistic safety discussion. In lieu of news events on mudslides, etc., he would hate to be in situation where the City has to pay house ~i . repair bills due to creek erosion. He agreed with Commissioner Parker's opinion that the developer can build a '1 I reasonable home and increase the setback. . He disagreed with Commissioner Fellows, in that he believes it's possible to build in a setback less than 25', but it has to be greater than what it is now. MINUTES PLANNING COMMMISSION JUNE 21, 2005 PAGE 6 . He doesn't like to send up denials to City Council and asked if the applicant would be willing to redesign the project with a greater setback? John Belsher, the applicant's attorney, statted to explain that after the last meeting, they had complied with Commissioners' request for an increased setback with what they thought would work. By their calculations, the triangle is less area even than shown, so it's not possible to build the house within the building area triangle. So the basic answer is no? The answer is no. Commissioner Parker made a motion, seconded by Commissioner Fellows to deny PPR 05-004, ARC 05-008 and VSR 05-006, lot four only, (with findings as noted in Commissioner Parker's written comments on file at the Community Development Department and detailed above in her comments) and adopt a resolution as follows: RESOLUTION NO. 05-1966 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING PLOT PLAN REVIEW 05-004, ARCHITECTURAL REVIEW 05-008 AND VIEWSHED REVIEW 05-008 (Lot 4 only); 135 WHITELEY; APPLIED FOR BY PACE BROTHER'S CONSTRUCTION Discussion: Chair Brown expressed that he was very discouraged by the applicants' unwillingness (to compromise). Based on the full public process, they've been clearly shown they can build a home within the residential standards of those neighborhoods and further increase the setback from the creek. The Planning Commission offered alternatives that would have worked; the project is clearly is buildable; but they were turned down by the applicant on redesign. The motion was approved on the following roll call vote: AYES: Commissioners Fellows, Parker and Chair Brown NOES: None ABSENT: Commissioners Keen and Tait the foregoing Resolution was adopted this 21st day of June 2005. Mr. Strong stated this action is final unless an appeal is filed within ten (10) days. B. (Continued from the meeting of June 7, 2005) VESTING TENTATIVE TRACT MAPIPLANNED UNIT DEVELOPMENT CASE NOS. 01-001 & LOT LINE ADJUSTMENT CASE NO. 01-002; APPLICANT - CASTLE ROCK i DEVELOPMENT, LLC; LOCATION - JAMES WAY & LA CANADA. I - ____._ --0--'""_- _ .._ ..___________. BELSH R lBECKER dio N~ ATLAW NO. :805.473 5489 ATTACHMENT 3 John W. Belsher, Esq. 412 MARSH STREET ~ SAN LUIS OBISPO, CA 93401 TELEPHONE80S.54'.9900 E CITY COUNCIL OF THE FAXB05-542.')')-l'J . E-MAILJOHN@IlElsflEIII\NIlIlI:cKER.cOMiARROYO GRANDE -------."--. '_'---0-.' __.______ Date ~fZ,)(05 E/\lED JUN 2 Name and Address of Appellant Pace Brothers Constructio!;'/]).' 0 9 Z005 COfV!MU~ /iRROYO G Tl'f {)~Vl!tu'::'-NDE Appeal of ~ENT Case No. . ApprovedlDenied by Planninq Commission on June 21 , 2005 Date Reason for Appeal See attached S;,"a,",. ~ .--L. ~ {.. fh..... r..-o. C<uf.vd- l... Mailing Address412 rsh St., SLO, CA 93401 Telephone 542-9900 Fee - $205.00 Receipt No. Date Director of Administrative Services/City Clerk {<..e..que7+ J--'.kJ ;. l' AvStJ5t" ~L.3 _ -- for u,uv\c.;l ~i"j' . 0 APPEAL TO THE CITY OF ARROYO GRANDE PLOT PLAN REVIEW CASE NO. 05-004 ARCHITECTURAL REVIEW CASE NO. 05-003 VIEWSHED REVIEW CASE NO. 05-006 APPLICANT: PACE BROTHERS CONSTRUCTION LOCATION: 135 WHITELEY STREET, ARROYO GRANDE, CA This communication constitutes an appeal of the decision of the Planning Commission reached June 21,2005 denying the request by Pace Brothers Construction in the referenced matters. This appeal is based on this letter, the materials in the Planning Department file and such other materials the Applicant will provide prior to an evidentiary hearing. The essential disagreement between the Applicant and the Planning Commission concerns the buildability of the existing 13,804 square foot lot. As shown on the maps provided by the Community Development Department this property is bisected by Arroyo Grande Creek, leaving a building area which is flat, but limited in size and shape. The Applicant worked with staff. to present a house plan with a 5' setback from the top of the bank. This proposal was supported by planning staff. Based on comments received by the Planning Commission at its May 17, 2005 meeting, the Applicant re-designed the house to set back approximately 10' from the top of the bank.' Transcripts of the May 17, 2005 Planning Commission hearing show that the Planning Commission indicated that something around 12 feet might be an acceptable compromise. However; on presentation of the re-design to the Planning Commission at its meeting of June 21 ,2005, the Planning Commission, by a 3-0 vote, denied this application and instead adopted findings stating the belief that a house "within the character and scope of the existing neighborhood" could be built with a 20' setback. The Applicant declined an invitation to resubmit the house with a 20' setback as this would not produce an economically viable nor aesthetically pleasing project. The findings denying the Applicant's project are unsupportable for several reasons, as set forth below. First, the Planning Commission appeared to believe that a 25' setback is a City zoningstandard, triggering a variance requirement. This is not the case, as reflected in the first Staff Report dated May 17, 2005. Staff reports that based on discussions with the City Attorney, the 25' requirement is not a zoning standard and therefore, no variance is required. Rather, the General Plan declares that "where feasible, an applicant should maintain a grading and building setback of 25'from the top of the stream bank." COS2-1.3. As shown by documentation to be submitted from the party's architect, the 25' setback does not allow a feasible project, nor does any setback down to 10'. Accordingly, the Applicant requests the Council approve the project with a 10' setback. 'Staff erroneously listed the re-design setback as 11'. In fact, it is 10'. 1 \ , -.~ Imposing the 25' setback from the creek would constitute a takings under federal and state law. California and federal courts have ruled that the taking of property occurs when regulations/restrictions deprive a property owner of reasonable investment-backed expectations such that there is no economically viable use. In this case, the approximate 1,200 square foot house buildable with 20' or 25' setback would not be a marketable product. Even if it were built and sold, it would result in a loss to the property owner of approximately $200,000 on this property, as will be shown at the hearing on this appeal. The Architectural Review Committee has reviewed this project on at least two occasions and has approved both the original and the re-design of the project. It is submitted that the City Council should approve the re-design with the 10' setback. Reasonable mitigation protects the creek, including a berm and a fence so that runoff does not go over the edge of the creek. All other concerns raised by the Planning Commission have been addressed by the Applicant and its experts. The record addresses other concerns raised by the Planning Commission, as reflected in its adopted ''findings'' of denial. 1. , Geologic concerns are addressed by the Geologic Engineering Report on file. This report included soil borings showing the soilsto be acceptable. No indication of "fill" is reflected by these soil borings. 2. Top of Bank was established by a licensed surveyor. The survey ison file with the Planning Department. 3. ' Creek protection (including erosion and safety) measures are included in the conditions of approval and project design. All runoff. is directed to Whiteley Street and a berm ensures no runoff will go over the top of bank. A fence on the berm ensures no foot traffic will access the creek over the top of bank, as it presently does. A creek maintenance and drainage easement is to be granted to the City, including an "open space" easement in the 10' setback to the house. 4. Viewshed approval was granted (twice) by planning staff and upheld by the ARC (twice). No neighbors complained about the design or view. A re- design to a 20' or 25' setback would result in a garage door box front elevation, with little else to articulate or mitigate this impact. We understand such (automobile intenSive) design is disfavored by the City and would be out of character with the neighborhood. Commissioner suggestions that a single car garage would be acceptable is not supported by the record of project approvals in the City, nor the market for home sales. 5. Precedentiallmoact. Lessening the setback in this instance will not create a "precedent". This case is a unique one where a lot is reduced in buildable area due to the creek. Moreover, the City has ruled in favor of reducing the 2 I J , l' . ,. .f , 25' setback sugge'sted by the General Plan in many others cases, some quite recent. The Applicant has submitted photographs of many of the buildings constructed closer than 25' from Arroyo Grande Creek. 6. Creek bank failure is not a concern. There is no historical evidence of creek bank erosion at this location. The creek bank, on this particular stretch of the creek, contains 100 year old trees on its banks, evidencing the security of this bluff for many decades. The Applicant has requested evaluation of the slope stability. 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'I tr D~ ~ t~ i ~ 1 " :',lI. t" 1 j 1 z ~ r~ "2 oJ. ~ \l.11) ~ . l'!II'II'I; '!'. hi !llli "I 'II & ~ ~'~"~ ~ ~~~ 1 I ~ ~ 'Ht I~'j-.. 1 1 ,~~U Jz!; "'~~ In illii!. H Of HI" Ii i )--':1 ~ ~ %~ H ~i~ I- '11'1'1 II 'I' ill/Ill rl ,fl '" ill ~ 0 ~~ .~" ~i ~ o . t! 'z ~frJL ~ ,i;L\l:1 -'- ,.. ,\)t7 Z lqlfll Ii ! 'j 1li!jI,1 j! :z.( ~ ~ ~ ~~ ~~3 }- <'Iff'tll;! .1 Illltl' III it r,*-,~ 0 ~ < .. I- ~ ~ ~ t~ Il ~ zl ~ ~ h! ~. - a. ;:J illl] it i It'l. j:m! III HI ;dZL $% ~ ~ !oJ ~I .11.. :ti :1., :1",1 1..1 ct-,'" ~ \~ '();! -,. - ---- , , I I ATTACHMENT 6 CITY OF ARROYO GRANDE \ DRAFT INITIAL STUDY AND DRAFT MITIGATED NEGATIVE DECLARATION 1. Project Title: Plot Plan Review, Case No. 05-004 2. Lead Agency Name & Address: City of Arroyo Grande P.O, Box 550/214 E Branch Street Arroyo Grande, CA 93421 3. Contact Person & Phone #: Jim Bergman, Assistant Planner (805) 473-5420 4. Project Location: 135 Whiteley Parcel adjacent to Arroyo Grande Creek Arroyo Grande, CA 93420 5. Project Sponsor's Name & Address: Scott Pace Pace Brothers Construction P.O. Box 519 Arroyo Grande, CA 93421 6. General Plan Designation: Single Family Residential Medium Density 7. Zoning: Single Family Residential 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The proposed project is to construct a single-family residence on a 14,804 square foot lot, which abuts and includes the Arroyo Grande Creek, The single-family residence with a two-car garage is proposed to be two stories and approximately 2,600 square feet. The proposed structure, at its closest point would be 11 feet from the top of the creek bank. The project requires Architectural Review as part of the 0-2.4 overlay district and View shed Review as a two-story residence in a developed area. 9. Other agencies whose approval is required (and permits needed): None 1 DETERMINATION. On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a ,significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. X I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposal MAY have a significant effect!s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated" . An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that.remain,to be addressed. Signature Date ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below "",uld be potenlially affected by this project, involving at least one impact that is a "POTENTIALLY SIGNIFICANT IMPACT" or "POTENTIALLY IS SIGNIFICANT UNLESS MITIGATED", as.indicated by the checklist on the followng pages. ./ Land Use and Planning ./ Biological Resources o Public Services o Population and Housing o Energy and Mineral Resources OUlililies and Service Systems o Geophysical o Hazards o Aesthelics ./ Water o Noise ./Cultural Resources OAir Quality o Mandatory Findings of Significance o Recreation OT ransportalion/Circulation EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation Is required for all ansVlers except "No Impact" ansVlers That are adequately supported by The information sources a lead agency cites in The parentheses follo.,.,;ng each question. A "No Impact" queslion is adequately supported if the referenced informalion sources show that the impact simply does not apply to projects like the one involved le.g., the project falls outside a fault rup1l.lre zonel. A "No Impact" anS\Mlr should be explained VIohere it is based on project specific factors as \Ml1I as general standards le.g., the project wll'notexpose sensilive receptors to pollutants, based on a project-specific screening analysis). 2. All anslJI.ers must take account of the OOole ac1ien involved, including off-site as v..ell as on-site, cumulative as '\/\.ell as project-level, indirect as \/\ell as direct, and construction as v.ell as operations impacts. 3. "Potentially Significant Impact" is appropriate if an effect is significant or potentially significant or is the lead agency lacks information to make -a finding of insignificance. If there are one or more "Potentially Significant Impact" entries vJ1en the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigated" applies \/\here the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Ea~lier Analyses", may be cross referenced.) 5. Earlier analyses may be used vJ1ere, pursuant to-the tiering, program EIR, or other CEOA process, an effect has been adequately analyzed in an earlier EIR or negalive declaralion. Seclion 15063(c)l3)1D). Earlier analyses are discussed in Seclion XVII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). A Source List should be attached and other sources used or individuals should b_e cited in the discussion. 2 I Potentially Potentially Significant Less Issues (and Supporting Information Sources): Significant Unless Than No Impact Mtigated Significant Impact Impact I. lAND USE AND PLANNING. Would the proposal: al Conflict wth general plan designation or zoning? (source #Is): 1.2,3.41 X b) Conflict wth applicable environmental plans or policies adopted by agencies wth jurisdiction over the project? X (source Its): 1,6,7) c) Affect agriculrural resources or operations (e.g., impacts to soils or farmlands, or impacts fro~ incompatible land uses)? (source His): g. 11) X d) Disrupt or divide the physical arrangement of an established community {including a low-income or minority community}? (source #(s): 2,4, 11) X II. POPULATION AND HOUSING: Would the proposal: a) Cumulatively exceed official regional or local population projections? (source #(s): 1,5,9) X b} Induce substantial grOlMh in an area either directiy or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? X (source His): 9,10) c) Displace existing housing, especially affordable hoUSin9? (source His): 9,10,111 X III. GEOPHYSICAL: Would the proposal resultin or expose people to potential impacts involving: a) Seismicity: fault rupture? (source His): 5.S) X b) Seismicity: ground shaking or liquefaction? (source HIs): 5,6) X c) Seismicity: seiche or tsunami? (source His): 5,S} X dl landslides or mudslides? (source His): 5,S} X el Erosion, changes in topography or unstable soils conditions from excavation, grading or fill? (source His): 10) X ~ Subsidence of land? (source Its): 5,6} X g} Expansive soils? (source #(sl: 5,S) X h) Unique geologic or physical features? (source Its): 5,S,10.111 X IV. WATER: Would the proposal result in: a) Changes in absorption rates, drainage patterns, or 1I1e rate I and amount of surface runoff? (source His): 10) X b) Exposure to people or property to \/\ater related hazards such as flooding? (source Its): 81 X cl Discharge into surface vvaters or other alteration of surface vvater quality le.g., temperabJre, dissolved.oxygen or turbidity? (source #(sl: 9) X 3 Potentially Potentially Significant Less Issues (and Supporting Information Sources): Significant Unless Than No Impact Mtigated Significant Impact Impact dl Changes in the amount of surface water in any vvater body? (source #(sl: 9,10) X e) Changes in currents, or the course or direction of water movements? (source Its): 9, 101 X n Change in lhe quantity of ground \/\Elters, eilher lhrough X direct additions or wthdrawals, or through interception of an aquifer by cuts or excavations? (source Its): 9, 10) g) Altered direction or rate of flow of groundwater? (source Its): 9,101 X h) Impacts toground\/\Elter quality? (source #lsI: 9.101 . X i) Substantial reduction in the amount of Vveter otherwse available for public \/\Elter supplies? Isource lis): 61 X V. AIR QUALITY: Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (source #Is): 7,131 X b) Expose sensitive receptors to pollutants? (source Its): 10, 11) X c) Alter air movement. moisture, or temperature, or cause any change in climate? (source #Is): 9) X d) Create objectionable odors? (source Its): 9,10) X VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (source #(s): 13) X X b) Hazards to safety from design features le.g.. sharp curves or dangerous intersections) or incompatible uses le.g., X farm equipment}? (source #(sl: 9,10) cl Inadequate emergency access or access to nearby sites? (source Its): 9, 10) X d) Insufficient parking capacity on-site or oft-site? (source X Its): 3. 9, 10) e) Hazards or barriers for pedestrians or bicyclists? (source X #(s):9,10) n Conflicts.wth adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Isource X lis): 9,10) VII. BIOLOGICAL RESOURCES. Wou/dthe proposa/resu/tin impacts to: I a) Endangered.lhreatened or rare species or lheir habitats X !including but not limited to plants, fish, insects, animals, and birds? (source #Is): 6) b) Locally designated species (e.g" heritage treesl? X (source #(sl: 10, 11) c) Locally designated natural communities (e.g., oak forest coastal habitat}? (source #Is): 10, 11) X 4 d) WeUand habitat {e.g., marsh. riparian and vernal pool)? (source #Is): 9,11) X e) Wildlife dispersal or migration corridors? Isource #(s): 11) X VIII. ENERGY AND MINERAL RESOURCES'" Would the proposal: a) Conflict wth adopted energy conservation plans? (source #Is): 1, 6) X hi Use non-renewable resources in a vvasteful and inefficient manner? (source #Is): 9, 10) X IX. HAZARDS. Would the proposalinvolve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation? Isource #Is): 9) X b) Possible interference lllilh an emergency response plan or emergency evacuation plan? Isource #(s): g, 10) X c) The creation of any heallh hazard or potential heallh hazard? Isource #Is): 9,10) X d) Exposure of people to existing sources of potential heallh X hazards? Isource #(s): 9,10,11) e) Increased fire hazard in areas wth flammable brush, grass, or trees? Isource #Is): 10, 11) X X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (source #(5): 1,9) X b) Exposure of people to severe noise levels? X Isource #(s): 9, 10) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for newor altered government services in any of the tal/eYing areas: a) Fire Protection? Isource #(s): 6) X b) Police Protection? (source #Is): 6) X c) Schools? (source #(s): 6) X d) Maintenance of public facilities, including roads? X Isource #Is): 6) e) Other governmental services? Isource #(s): 6) X XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for newsystems, or substantial alterations to the folloving utilities: a) POII'...r or natural gas? Isource #Is): 9, 10) X b) Communications systems? (source #(s): 9, 10) X c) Local or regional water treatment or distribution facilities? X I Isource #(s): 6) d) Storm "",ter drainage? (source #Is): 6) X e) Solid "",ste disposal? Isource #Is): 6) X XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? X Isource #(s): 1, 10, 11) b) Have a demonstrable negative aesthetic effect? X (source #(s): 9,10,111 5 c) Create li9htor glare? (source #Is): 9,10) X XIV. CULTURAL RESOURCES. Would the proposal: al Disturb paleontological resources? Isource lis): 6, 11) X bl Disturb archaeological resources (source #lsl: 6, 111 X c) Affect historical resources? (source lis): 6,11) X d) Have the poten~al to cause a physical change ""'ich V\Ould affect unique ethnic cultural values? (source #lsl: 111 X . e) Restrict existing religious or sacred uses wthin the poten~al impact area? (source #lsl: 10, 11) X XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recrea~onal facili~es? Isource #(s): 1,3) X b) Affect existing recreational opportunities? (source #(s): 1,5) X XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a} Does the project have the poten~al to degrade the quality of the environment substantially reduce the habitat of a fish or \Mldlife species, cause a fish or \Mldlife popula~on to . drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have the poten~al to achieve short-term, to the disadvantage of long-term, environmental goals? X c} Does the project have impacts that are individually limited, but cumula~vely considerable? ("Cumula~vely considerable" means 'that the incremental effects of a project are considerable ","en vielJl.ed in connection wth the effects of past projects, the effects of other current projects, and the effects of probable future projects.) X d) Does the project have environmental effects \/\hich wll cause substantial adverse effects on human beings, either X directly. or indirectly? XVII. EARLIER ANALYSES. Earlier analyses may be used \/\here, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequatelya~alyzed in an earlier EIR or nega~ve declara~on. Sec~on 15063(c)(3)(D). In this case, a discussion should iden~fy the foJlo\Mng on attached sheets: aJ Earlier analyses used. Identify earlier analyses and state Wlere they are available for review. b) Impacts adequately addressed. Identify V\ohich effects from the above checklist V\ere """thin the scope of and adequately analyzed by earlier documents. c} Mitigation Measures. For effects that are "potentially significant" or "potentially significant unless mitigated", describe the mitigation measures Wlich V\ere incorporated or refined from the earlier document and the extent to \/\hich they address site-specific conditions for the project. SOURCE LIST: 1. City of Arroyo Grande General Plan 2. City of Arroyo Grande General Plan Land Use Map 3. City of Arroyo Grande Development Code 6 I 4. City of Arroyo Grande Zoning Map 5. City of Arroyo Grande Existing Setting and Community Issues Report 6. City of Arroyo Grande General Plan EIR 7. Air Pollution Control District Clean Air Plan 8. FEMA - Flood Insurance Rate Map g. Project Description 10. Project Plans 11. Site Inspection 12. Ordinance 431 C. S. 13. Institute of Traffic Engineers Trio Generation Manual . ENVIRONMENTAL SETTING: The project site is approximately 14,804 square feet in area and is located atthe>end'ofa.residential.street. A substantial portion (greater than 50 percent) of the parcel is a channelized.section'of the Arroyo.Grande Creek. The top of the creek bank is well defined and is covered by native and non-native vegetation. The',portion of the,lot, which is proposed for development, is flat and has historically been,used.as.a,sideand front. yard of a:house. which was on 'an adjacent parcel. Several large walnut trees on the; subject.'parcel.,'and.', adjacent parcels were recently removed with a permit from the Parks and Recreation Department of the City of Arroyo Grande. " PROJECT DESCRIPTION The project evaluated by this initial study is to construct an approximately 2,600 square foot, two-story house with attached two-car garage. The structure is proposed to be located within 11 feet of the top of bank of the Arroyo Grande Creek. EXPLANATIONS TO INITIAL STUDY CHECKLIST: I. LAND USE AND PLANNING The subject parcel was created prior to the 2001 General Plan, which states: C/OS2-1.3 Where feasible, maintain a grading and building setback of 25 feet from the top of stream bank. Locate buildings and structures outside the setback. Except in urban areas where existing development exists to the contrary, prevent removal of riparian vegetation within 25 feet of the top of stream bank. 7 The subject parcel was also created prior to adoption of Section 16.64.060(R) of the Municipal Code of the City of Arroyo Grande, which states: Creek Dedications. For any subdivision or parcel map or development project requiring discretionary review abutting the Arroyo Grande Creek, including its tributaries (Tally Ho Creek, Spring Creek, Newsom Springs Creek and Los Berros Creek), or Meadow Creek, including its tributaries, the subdivider or 'developer shall dedicate to the city all the area that includes the stream bed and twenty-five (25) feet back of the stream bank, areas designated as environmentally sensitive based on a biology report prepared byaqualified biologist or other appropriate areas mutually acceptable for the purposes of "open.space," flood control or "green belt." Strict application of these two policies as they relate to this proposed project would 'deem 88.75 percent of the subject parcel un-buildable and leave a triangle shaped building area of approximately 1 ,666 square feet. A variance has been requested to allow the house to be constructed within' 6 feet of the top.of the creek bank. Due to the fact that the proposed building area has historically been associated with,a house and that riparian vegetation is non-existent in this area, potentially significant impacts would only . occur. if construction activities/effects extended into the creek/riparian area. Mitigation measures are designed to limit construction activities/effects outside of areas identified as creek, creek bank and riparian areas. Analysis of Significance: Potentially significant unless mitigated. Mitigation Measures: 1. To protect riparian vegetation and the bank of the' Arroyo ,Grande Creek during construction, fencing, with stakes embedded in the ground, no less than 48.inches in'height, shall be installed as close to the top of bank as possible. 2. Storage of construction materials, debris, or excess soil' and. parking of vehicles or construction .equipment shall be prohibited within 1>-10 feet of the top of.the bank'ofthe Arroyo Grande Creek. 3. To reduce erosion hazards and the introduction of foreign materials (petroleum products, refuse, etc.), due to construction activities, grading shall be minimized within 5 feet of the top of the bank of the Arroyo Grande Creek, and runoff and sediment control structures shall be used. 4. Work shall be completed during the dry season (April 15 to October 15) to reduce active construction erosion to the extent feasible. If construction must extend into the wet weather season, a qualified geohydrologist or geotechnical engineer, and restoration biologist shall prepare a drainage and erosion control plan that addresses construction measures to prevent sedimentation and erosion of the Arroyo Grande Creek. 5. No fueling or maintenance of equipment shall take place at the site. Mechanical equipment shall be serviced in designated staging areas located outside of the creek riparian area. Water from equipment washing or concrete wash down shall be prevented from entering the creek. 6. All removed and excess material shall be disposed of off-site and away from the fiood plain, outside areas subject to U.S. Army Corps jurisdiction. 7. The developer shall offer irrevocably a creek drainage and maintenance easement to the city all the area that includes the stream bed including the creek, its banks and five (5) eleven (11') feet adjoining the top of bank for the purposes of "open space," flood control or "green belt." Na developFRont sRall occur witRin crook easoFRont aroa (No pulllic accoss is intemlod). No develoDment other than the low earth berm wall and Dicket fence as deDicted on the Droiect Dlans and excavation 5 feet bevond the tOD of bank as stated in the oeotechnical enaineerina reDort shall occur within creek easement area (No Dublic access is intended). 8 Monitoring: Site Inspections Responsible Department: Public Works Department, Building Department, Community Development Department Timeframe: Prior to and during construction II. POPULATION & HOUSING . The project would provide one residential unit within the City of Arroyo .Grande..The Program EIR.associated with the City's 2001 General Plan encompassed projected residential units on undeveloped ,parcels. Analysis of Significance: Less than significant impact. III. GEOPHYSICAL Although the property is located on a well-defined bank of the Arroyo Grande, Creek; potential for landslides, mudslides, subsidence or erosion of soils is low due to metered flows of water from: the Lopez Dam. Soil reports will be necessary prior to issuance of building permits. Based on the General Plan and review of the Alquist-Priolo Zone Fault maps, the proposed project is not located on a known earthquake fault subject to rupture. The proposed project will be subject to the effects of periodic seismic events in the region, including ground shaking. However, exposure of people to these events can generally be mitigated to an acceptable level of risk by following Uniform Building .Code development standards. Analysis of Significance: Less than significant impact. IV. WATER/DRAINAGE Water. The City currently receives its water supply from both surface 'and' groundwater sources. Ground water extractions are derived from seven (7) wells and two (2) separate basin formulations.,. Surface ,water is obtained from the Lopez Reservoir Project, which was constructed'in the'late'1960's. Reclaimed. storm water collected by the Soto Sports Complex Storm Water Reclamation Project is also used as an irrigation supply source. The City adopted a Water System Master Plan in 1999, which identified water resources as being a significant issue, and identified methods to increase and diversify water supply to increase long-term reliability of the City's water service to its residents. The report assessed potential methods to address the water supply issue and prioritized alternatives. The City used approximately 97.7% of its available/allocated water supply between January 2004 and December 2004. Per Chapter 13.05.010 of the City's Municipal Code (Water Supply Conditions), this level of water use is considered a H severely restricted" water supply condition that has not yet reached a H critical" level. To manage its water supply deficiency, the City adopted a two-phased strategy in November 2004 that included alternatives to be pursued to meet the City's water demand 'over the next 10- year period (phase 1), and identified alternatives that will provide permanent water supply increases to meet the long-term demand that are most desirable, feasible and cost effective (phase 2). As part of phase 1, the City adopted a Water Conservation Program in May 2003 that included: . Plumbing Retrofit Program; . Water Shortage Contingency Analysis; . Public Information and Education; . Information System Assessment for Top Water Users; . Enforcement of City's Water Conservation Codes; and . Optional components, including washing machine rebates, irrigation system or landscaping rebates, and retrofit of cemetery with non-potable water. 9 Other components of phase 1 include construction of Well No. 10 (located on Deer Trail Circle), pursuing oil field water on Price Canyon, implementing a tiered water and sewer rate structure as financial incentives for water conservation, and a utility retrofit upon-sale program. Phase 2 provides various permanent water supply options that include: . Conducting a groundwater study; . Pursuing water from the Nacimiento Project; . Implementing a reclaimed water system; . Studying feasibility of a desalination plant; and . Pursuing water from the State Water Project. Conclusion. The City is currently in a severely restricted water supply situation, which is considered a cumulatively significant impact. The project's contribution, however, is considered diminimis, meaning that the environmental conditions would be the same whether or not the project.,isimplemented. The City adopted overriding considerations for cumulative water supply impacts identified in.the'Program'EIR. for the 2001 General Plan Update. This lot was included in the 2001 GeneraLPlanUpdate,and,.therefore cumulative water supply impacts were addressed at that time. However, the project shall implement the following restrictions and measures to reduce water supply impacts to a less-than-significant level. Analysis of Significance: Potentially significant unless mitigated. Mitigation Measures: 8. The applicant shall complete measures to neutralize the. estimated increase.in water demand created by the project by either: Implementing an individual water program that 'utilizes fixtures and designs .that minimize water usage. The calculations shall be submitted tothe.Director,of'Public.Works for review and approval. The proposed individual water program' shall" be submitted to the City for approval prior to implementation; or, Payment of an in lieu fee. Monitoring: Review of individual water program or payment of the in lieu fee Responsible Department: Public Works Department Timeframe: Prior to issuance of building permit Drainaae. Development of the site will increase impervious surfaces, which in turn will change absorption . rates and increase the amount of runoff. The site could drain either to existing city infrastructure or to the Arroyo Grande Creek. Drainage to the creek would require plan review by State and Federal agencies with jurisdiction over creeks. Analysis of Significance: Less than significant V. AIR QUALITY Development of the site will involve grading and other activities that will produce emissions for which the San Luis Obispo County Air Pollution Control District (APCD) has established impact thresholds. Grading in excess of four (4) acres will generate emissions that exceed the District's threshold for respirable 10 particulate matter (PMlO). The project site is 0.33 acres in size, which falls under the threshold for significance. Analysis of Significance: less than significant VI. TRANSPORT A TION/CIRCUlA TION Traffic associated with one residential unit is considered below the threshold to trigger a traffic study. Analysis of Significance: less than significant VII. BIOLOGICAL RESOURCES Potentially significant impacts may result to adult and sub-adult California Red"legged Frogs(CRlFs) including harassment, injury, or mortality from construction activities including placement of'debris,.worker foot traffic, restoration activities, temporary loss of habitat, temporary dispersal.,disruption"consumption by predators attracted to the activities, and siltation and pollution of the habitat, if 'coristruction"activities/effects were allowed in the areas identified as creek, creek bank and riparian areas. This is a potentially significant impact that can be mitigated to a less-than-significant level with implementation mitigation measures 1-6 listed in Section I of this document. Analysis of Significance: Potentially significant unless mitigated. Mitigation Measures: 1. Implement mitigation measures 1-6,of section one of this document. VIII. ENERGY AND MINERAL RESOURCES Development of a residential unit will not conflict with adopted .energy conservation plans or result in the wasteful use of non-renewable resources. Analysis of Significance: No impact. IX. HAZARDS The project does not pose an undue risk to project occ.u~ants or occupants of surrounding properties. Analysis of Significance: No impact. X. NOISE The development of a residential unit is consistent with the single-family neighborhood. Increased noise may be associated construction, which will be limited to normal business hours through the building permit process. Analysis of Significance: No impact. XI. PUBI-IC SERVICES Adequate fire and police services exist in the community to serve the project. Analysis of Significance: No impact. XII. UTILITIES AND SERVICE SYSTEMS 11 The proposed project will not create a significant demand for new or altered power, gas, communication systems and water treatment capacity. Analysis of Significance: No impact. XIII. AESTHETICS The Architectural Review Committee (ARC) will consider the project plans and'check,.forconformityto Design Guidelines and Standards for Historic Districts. Analysis of Significance: No impact. XIV. CULTURAL RESOURCES , C.A. Singer & Associates conducted a Phase One archaeological surface ; survey on .the;;siteon February 10 and February 23, 2005. Examined soils yielded no signs of.former.occupationby;prehistoric people, no evidence of 19th century occupation nor any railroad or former maintenance yard debris. Based on the survey, the proposed project would not have a significant adverse impact on any known cultural resources. However, if during construction excavation, any buried or isolated prehistoric cultural materials or historic features are unearthed, work in that area shall halt until they can.beexamined by. a.qualified archaeologist and appropriate recommendations made as outlined in CEQA. In such an 'event;. C:A;' Singer & "Associates should be contacted at (805) 927-0414, or the Community Development Department of the City of Arroyo Grande. Analysis of Si9nificance: Potentially significant unless mitigated. Mitigation Measure: 9. The following note shall be placed on the grading and improvement 'plans for ,the ,project: "In the event that during grading, construction or development of the project, and archeological resources are uncovered, all work shall be halted until the City has reviewed the resources for their significance. If human remains (burials) are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures." Monitoring: Construction plans shall be reviewed prior to issuance of a, grading permit to ensure the note is in place. Responsible Department: Public Works Department Timeframe: Prior to issuance of grading permit XV. RECREATION The proposed development would not increase the demand for additional recreation facilities, and therefore the project would not have an impact on recreational opportunities or resources. I Analysis of Significance: No impact. I I 12 . .. -1 I I J 1 Geotechnical Engineering Report l For Proposed Single Family Residence 135 Whiteley Street '1 Arroyo Grande, California ., 1 . j ] May 25, 2005 B-054452 1 Prepared For .' Scott Pace ] -1 _J ! : j . . ) By j ! Buena Geotechnical Services .J 3850 Ramada Drive, #A-2 j Paso Robles, California , J J J ] ~1 J3 BUENA GEOTECHNICAL SERVICES, LLC I J . P.O. BOX 2857, ATASCADERO, CA 93423 'J I May 25, 2005 Scott Pace 1 P.O. Box 519 Arroyo Grande, CA 93421 , Project: Proposed Single Family Residence i 135 Whiteley Street j Arroyo Grande, California 1 I Subject: Geotechnical Engineering Report j ] As authorized, we have performed a geotechnical studyforthe,;above referenced project. The accompanying . Geotechnical Engineering J Report presents the results of our subsurface exploration, laboratory- testing program, and conclusions and recommendations for geotechnical engineering aspects of project design; Our services were l performed using the standard of. care ordinarily exercised in this locality at the time this report was prepared. I ~ 1 Based on our study, it is our opinion that the site is suitable for the _J proposed development from a geotechnical engineering standpoint provided that the recommendations of this report are successfully : implemented. , , , We have appreciated this opportunity to be of service to you on this project. Please call if you have any questions, or if we can be of further , service. ! Respectfully submitted, , _J Buena Geotechnical Services I ~ J Douglas Hallin Project Manager Norman G. Hallin J Geotechnical Engineer J 805-434-9490 . 805-544-0333 ] FAX 805-434-9098 . 831-385-3170 (King City) May 25,2005 B-054452 INTRODUCTION . A. Proiect Description .1 j This report presents results of a Geotechnical. Engineering Study , performed for the proposed new single family residence to be' I located at 135 Whiteley Street in Arroyo Grande, California. I 1 1. We anticipate that the site will be developed by conventional grading methods to construct a relatively flat pad. The proposed , structure will be constructed on or near'existinggrade. , 2. The proposed structure will be a 1 or 2 story residence ,of wood frame construction. A slab-on-grade with conventional' perimeter foundation is proposed for the structure. 3. Structural considerations for maximum wall loads of 1.5 kips per ; lineal foot (kif) were used as a basis for the recommendations of this report. If actual loads vary significantlyfrom.these assumed .... loads, Buena Geotechnical Services should be notified since re- J evaluation of the recommendations contained in this report may . be required. B. Puroose and Scope of Work , The purpose of the geotechnical investigation that led to this report 1 was to evaluate the soil conditions of the site with respect to the , proposed structure. These conditions include surface and. subsurface I soil types, . expansion potential, settlement potential, bearing 1 capacity, and the presence or absence of subsurface water. The , scope of our work included: 1. Reconnaissance of the site. 2. Drilling, sampling and logging of 3 borings to investigate soils , and ground water conditions. 3. Laboratory testing of soil samples obtained from subsurface . exploration to determine their physical and engineering , properties. j . 4. Geotechnical analysis of the data obtained. 5. Consultation with owner representatives and design J professionals. 6. Preparation of this report. ] Contained in this report are: 1. Discussions on local soil and groundwater conditions. I 2. Results of laboratory and field tests. ; j 3. Conclusions and recommendations pertaining to site grading and structural design. I J , i J ,May 25, 2005 B-054452 -1 C. Site Settinq ] 1. The site of the proposed improvements is located in the Old Town area in the City of Arroyo Grande, California. See the 1 Vicinity Map in Appendix A. 2. The building site is currently vacant and sets adjacent to Arroyo Grande Creek. An existing single family residence has been -1 demolished and hauled offsite. 3. The building area is relatively flat. Minor .debris from the previous structure and numerous roots are present aUhe site. '1 j SOIL CONDITIONS 1 A. Evaluation of the subsurface indicates that soils are generally loose i l and moist to near saturated silty clays to depth. . B. Soils encountered at approximate bearing depths'are characterized ] by low in-place densities. C. Expansion determination indicates that bearing soils lie in the , I "Medium" expansion potential range in accordance with Table 18-1- B of the Uniform Building Code. D. Groundwater was not encountered to a maximum depth of 15 feet -1 below existing' grade, however very moist. to near saturated conditions were encountered in both borings. 1 LIQUEFACTION . , A. Earthquake-induced vibrations can be the cause of several , significant phenomena, including liquefaction in fine sands and silty i i sands. Liquefaction results in a complete loss of strength and can , cause structures to settle or even overturn if it occurs in the 1 bearing zone. If liquefaction occurs beneath sloping ground, a ,j phenomenon known as lateral spreading can occur. Liquefaction is J typically limited to the upper 40 feet of the subsurface soils and to . soils that have a relative density of less than 70%. B. It is our opinion that the potential for liquefaction under the structure will be' minimal provided the recommendations offered I U I , herein for grading of the building pad are followed and verified by this firm. J CONCLUSIONS AND RECOMMENDATIONS J The site is suitable for the proposed development from a geotechnical .' engineering standpoint provided the recommendations contained J herein are properly implemented into the project. ] I May 25, 2005 B-054452 A. Gradinq "1 1. General Gradina j a. Grading, at a minimum, should conform to Chapter 33 of I the 1997 Uniform Building Code. ! b. The existing ground surface should be initially prepared for grading by removing vegetation, trees, large roots, debris, -- non-complying fill, and any other organic material. Voids created by removal of such material should . not be backfilled unless the underlying soils have been observed by the Geotechnical Engineer. c. The resulting surface of all excavations: should be .:observed by a representative of this firm prior to processing or placing fill. d. Fill and backfill placed at near optimum moisture in layers with loose thickness not greater than 6 inches should be j compacted to a minimum of 90% of .the.maximum dry density obtainable by the ASTM D 1557 test method. . e. Import soils used' to raise site grade should be equal to, or I better than, on-site soils in strength, . expansion, and . j compressibility characteristics. Import soils.can be 1 evaluated, but will not be pre-qualified. by the' Geotechnical ., Engineer. Final comments on the characteristics . of the import will be given after the material isat the project site. 1 f. Roof draining systems should be designed so that water is not discharged onto bearing soils or near structures. g. Final site grade should be such that all water is diverted away from all structures and leach fields, and is not allowed to pond. , h. It is recommended that Buena Geotechnical Services be retained to provide intermittent Geotechnical Engineering services during site development, grading, and foundation construction phases of the work to observe compliance with _J the design concepts, specifications and recommendations, and to allow design changes in the event that subsurface J , conditions differ from those anticipated prior to the start of construction. i. Plans and specifications should be provided to Buena I ] Geotechnical Services prior to grading. Plans should include i the grading plans, foundation plans, and foundation details. Structural loads should be shown on the foundation plans. J J ] May 25, 2005 6-054452 , I j. It is possible that the underlying soils will become unstable during grading due to excessive moisture content, '1 alternatives to correct instability, including aeration or use of gravel or geotextiles are addressed in the following section., I 2. Site Grading/Develooment Gradina Pads 1 a. The primary concern from a geotechnical . engineering standpoint is the near saturated ,conditions, the compressible loose native soils . and the .'potentialfor . excessive and/or differential settlement. Due ,to . the ! j presence of low density soils at the:proposed' bearing depth, over-excavation and re-compaction will be necessary to 1 decrease the potential for differential settlement and to I provide more uniform bearing conditions. All soils should be removed to a minimum depth of 6 feet below existing grade. ] The over-excavation should extendto'adistance of.5feet beyond the building perimeter. The resulting surface should J be scarified to a depth of 1 foot, moisture conditioned and recompacted to a minimum of 90%. of maximum dry density. Should the exposed bottom of theoverexcavation -1 exhibit yielding due to excessivemoisture.content,1.5 inch I gravel may be placed in thin (< 4'~) lifts and track-walked into the exposed surface until moderate stability is achieved. 1 The exposed bottom of the overexcavation should then be covered by placement of a woven geotextile stabilizer fabric, . ) such as Amoco 2044 or equivalent. The geotextile layers I should overlap a minimum of 12 inches and be securely j anchored up the sides of the excavation. Care should be I taken to not excessively wrinkle the geotextile during the , , backfill process. The previously removed material may be , J placed in thin lifts, moisture condi~ioned and compacted to a I minimum of 90% of maximum dry density. The intent of J these recommendations is to provide a minimum of 6 feet of compacted material below the building and above the J geotextile fabric. We recommend that a self propelled . vibratory compactor be used to provide compaction of the fill material in the overexcavation. l b. Areas outside the building to receive fill, exterior slabs-on- grade, sidewalks or paving should be overexcavated to a depth of 1 foot.. The exposed surface should be scarified, J moisture conditioned and recompacted to a minimum of 90% of maximum dry density. J ] May 25, 2005 B-054452 , l The previously removed material may then be placed in thin lifts, moisture conditioned and compacted to a minimum of 1 90% of maximum dry density. , J c. On-site soils may be used for fill once they are cleaned of all I organic material, rock, debris and irreducible material larger than 8 inches in diameter. Should any .trashorother debris be encountered during grading,' complete removal will be 1 necessary to adequate depths and 'horizontal. limits as recommended by this firm. , 3. SloDe Construction . a. Any hillside grading or construction of .fill slopes should conform to the minimum standards listed in .Chapter33 of the Uniform Building Code. It is recommended that the I Geotechnical Engineer review the grading plans prior to . grading and site development. b. Fill slopes should be keyed and benched into firm natural ~ ground when the existing slope to 'receive ,fill is ,10: 1, j horizontal to vertical,. or steeper,. The keyways should be . tilted into the slope, should be a minimum of.oneequipment i width wide,and should be a minimum of 2 feet deep at the i outside edge. c. Fill slopes should be overfilled, compacted,and cut back to planned 'configurations. This will yield better compaction on the slope faces than other methods. d. Lined drainage swales and down drains should be provided at the tops of cut and fill. slopes to divert drainage away from the slope face. 4. Utilitv Trenches a. Utility trench backfill should be governed by the provisions . of this report relating to minimum compaction standards. In general, service lines inside of the property lines may be , backfilled with native soils compacted to 90% of maximum . 1 dry density. Backfill of off site service lines will be subject to J the specifications of the jurisdictional agency or this report, whichever more stringent. J b. Backfill operations should be observed and tested by the , Geotechnical Engineer to monitor compliance with these recommendations. ] c. Jetting of native soils is not recommended. ' B. Structural Desiqn Foundations 1 a. Conventional continuous footings may be used for support of j structure. J J May 25, 2005 B-054452 j b. Footings should bear entirely into firm and dense re- ,. compacted soils. I c. Conventional continuous footings may be designed based on an allowable bearing value of 1500 psf. ~ d. Allowable bearing values are net .(weightotJooting.and soils surcharge may be neglected) and are ,applicable for, dead plus reasonable live loads. " e. Bearing values may be increased by 'one-third when transient loads such as wind andfor'seismicity.are..included. f. Lateral loads may be resisted by,soilsJrictiomonfloor..slabs . and foundations and by passive resistance. ofthe: soils: acting J on foundation stem walls. Lateral' capacity. is: based on the assumption that any required backfill adjacent to , foundations and grade beams is properly compacted. , g. For structures to be constructed above slopes, the outside '1 faces at the bottom of footings should .be., ata minimum horizontal distance of 5 feet from the slope Jace. , h. Conventional continuous footings for. buildings where the ground surface slopes at 10: 1, horizontal to. vertical, or steeper should be stepped so that both top and the ,bottom are level. i. Reinforcement of footings bottomed in soils in the "Medium" expansion potential range should be. designed by the. project Structural Engineer. Soils should be presaturated to 130% of optimum moisture content to a depth of 27 inches below lowest adjacent grade prior to placement of concrete. j. Foundation excavations should be observed by a representative of Buena Geotechnical Services after footing excavation but prior to placement of reinforcing' steel or , formwork. k. The soils profile type in UBC Table 16J should be SE. The seismic zone factor (Z) in UBC Table 16J should be 0.40. The seismic source is the San Luis Range Fault, South Margin (Type B Fault), with a distance of less than 2 km. 2. Slabs-On-Grade a. Concrete slabs should be supported by compacted structural , fill as recommended earlier in this report. b. It is recommended that perimeter slabs (walks, patios, etc.) be designed relatively independent of footing stems (Le. free floating) so foundation adjustment will be IJess likely to cause cracking. c. Slabs should be underlain with a minimum of four (4) inches of clean sand. i J May 25, 2005 B-054452 ; I Areas where floor wetness would be undesirable should be underlain with a moisture barrier to reduce moisture "1 transmission from the subgrade soils to the slab. The membrane should be placed at mid-height in the clean sand. d. Reinforcement and slab thickness should be determined by the project Structural Engineer. Soils underlying"slabs in the "Medium" expansion potential range should be presaturated to 130% of optimum moisture, content to a ,depth of 27 inches below lowest adjacent grade. prior to placement of concrete. 3. Frictional and Lateral Coefficients a. Resistance to lateral loading may be provided by friction acting on the base of foundations. A coefficient of friction of ! 0.32 may be applied to dead load forces. This value does i not include a factor of safety. b. Passive resistance acting on the sides! of foundation stems J equal to 300 pcf of equivalent f1uid'weight:maybeincluded for resistance to lateral load. This value does not include a ] factor of safety. However, when. passive resistance is used in conjunction with friction, the coefficient of:frictionshould be reduced by one-third in determining the' total: lateral J resistance. c. A one-third increase in the quoted passive ,value may be used when considering transient loads' such as wind and '1 seismicity . .J 4. Settlement Considerations a. Maximum expected settlement of less than 1 inch can be I anticipated for foundations and floor slabs designed as I , I recommended. , b. Differential settlement between adjacent load bearing members should be less than one-half the total settlement. c. The majority of settlement should occur during construction. Post construction settlement should be minimal. 5. Retaininq Walls a. Conventional cantilever retaining walls backfilled with , compacted on-site soils may be designed for the lateral i pressures listed below: , Active Case 45 pcf i At Rest Case 70 pcf I I Passive Case 300 pef Max. Toe Pressure 1500 psf I b. The pressures listed above were based on the assumption J that backfilled soils will be compacted to 90% of maximum .J dry density as determined by ASTM D 1557 Test Method. ] May 25, 2005 8-054452 , j c. The lateral earth pressure to be resisted by the retaining 1 walls or similar structures should include the loads from any structures or temporary loads that influence the wall design. d. A back drain or an equivalent system of backfill drainage , should be incorporated into the retaining wall design. I e. Backfill immediately behind the retaining :structureshouldbe I a free-draining granular material. Alternatively, the back of .., the wall could be lined with a geodrain system. . f. Compaction on the uphill side of the wall within' a horizontal distance equal to one wall' heighfshould:beperformed.by . hand-operated or other lightweightcompaction:equipment. , This is " intended to reduce potential "'locked~in"lateral pressures caused by compaction with heavy grading equipment. , g. . Water should not b allowed to pond near the top.of the wall. I . To accomplish this, the final backfill site grade should be such t~at all water is diverted fromthe:retainingwall. .l , ADDITIONAL SERVICES I ..1 . This report is based on. the assumption thatan';adequate'program of I monitoring and testing will be performed . by Buena 'Geotechnical . Services during construction to check compliance with the I recommendations given in this report. The recommended tests and I observations include, but are not necessarily limited to the following: 1. Review of the building and grading plans during the design phase of the project. , 2. Observation and testing during site preparation, grading, placing of engineered fill, and foundation construction. 3. Consultation as required during construction. LIMTATIONS AND UNIFORMITY OF CONDITIONS j The analysis and recommendations submitted in this report are based in pan upon the data obtained from the borings drilled on site. The nature and extent of variations between and beyond the borings may J not become evident until construction. If variations then appear evident, it may be necessary to re-evaluate the recommendations of this report. J J ] May 25, 2005 B-054452 j The scope of our services did not include environmental assessment or geological study. The scope of services did not include investigation 1 for the presence or absence of wetlands, hazardous or toxic materials I J in the soil, surface water, groundwater or air. Any statements in this I report or on the soil boring logs regarding odors, unusual ,or suspicious items or conditions observed are strictly for the information of the client. l Findings of this report are valid as of this date,however,changes in a condition of a property can occur with passage.;of time'.whetherthey , be due to natural processes or works of man, on ;thisoradjacent ; . properties. In addition, changes in applicable:'orappropriatestandard may occur whether they result from legislation or broadening ! knowledge. Accordingly, findings of this report may be invalidated j i wholly or partially by changes outside our control. Therefore, this report is subject to review and should not berelied upon after a period ] of one (1) year. ') In the event that any changes in the nature, design,or:locationofthe structure and other improvements are planned, the.conclusions and recommendations contained in this report shall not be considered' valid -1 unless the changes are reviewed and conclusions of this "report modified or verified in writing. . 1 This report is issued with the understanding that it is the responsibility , of the owner or his representatives to insure the information and recommendations offered herein are called to the attention of the I project architect and engineers. I . It is also the responsibility .of the owner or his representatives to insure the information and recommendations offered herein are . , incorporated into the project plans and specifications and the J necessary steps .are taken to see that the contractor and subcontractors carry out such recommendations in the field. J Buena Geotechnical Services has prepared this report for the exclusive use or the client and authorized agents. This report has been prepared in accordance with generally accepted geotechnical engineering ] practices. No other warranties, either expressed or implied, are made as to the profeSSional advice provided under the terms of this agreement. ] J ] May 25, 2005 B-054452 , . It is recommended that Buena Geotechnical Services be provided the opportunity for a general review of final design and specifications in 1 order that earthwork and foundation recommendations may be J properly interpreted and implemented in the design and specifications. I If Buena Geotechnical Services is not accorded the ,privilege of: making I this recommended review, we can assume no . responsibility for misinterpretation of our recommendations. l END OF TEXT . , J I ;} ...1 l j 1 , , , J J '1 j 1 I r ,I ,; :: ~ "\ -YI./i-\" . " ~ '\:' 'cl v~ , ' ' ,". <9h7, '. ,.' - :.I!! (\l\ '0 ~ 0" //!;: c--.J.~ 0\ z... &.S.~ ."..;0 --, ---to \, '" <..,I // .~ i ,if g ~~'v(/ <9p' Z. .' .,& /~;, r j is' c:::::=; '------. . O!;,t:: .....:--. a: 9:~: ! , if ji' :b~' l)r-., ,L ') ......~ ~ 1 L'---- I ..' \\ ">'~V, ....., /.> ! - ( i ~/ , 'v'? ~~ (, <$-1 i .../ II' X P ( I /-rft&- /? , // ~. \~ Ii \~~ t/ f ~ \ I $ I (S)' / .., '] i I~ ~, \v/ )~~\ ..- I ./.'J ./ '3 ~R;' '---- l -----.;:;./ .~<>' ~ / . . ~'r. '~,. ~ l' "~ \; >~ ] i "'! '\ \ ~~k Vd ~ $ \,,,,-~,,-~r , M ......-;. . .135WMeleySt .. ....',m . :I /f ~ (5<' " ~_<;ral'.~,Q.9~20 J if ~ ---:3<6~\ " Mum, . (,~ J.k.. ~ ,~ '0 .-/', l ~Lf'e ~ cJ~ V ~~, ~' ~~ r= ~/' fr"''CfJ'' $, ",,,,", o . ._:_,-t ~../ ..' ~ '~.A '\( '-ill, m' \\ .' '1 ~~.t'~~(~y\~ ~Y ',J, ~0yjV~~O; (' / ~ a c; ,/ (('w I.i" , / '; , '~~ ~.fi' ?- ,~ I 1 " \,~...-;;/ ~ '1 ~ ,/ '" ! '-l~..\ . 'S // (l , r / /,\ \~.~~' J I ,\...-;/0 . :~\/:;;;'I,\ \ 121 // ~, ,. ::II _,.- C"-~' \\ 'P, //9'\ ~ // I sa " ~ <ll/' i' !, ~( , 1. : . \' . ~ ~ J J PROJECT No. B 054452 J BUENA GEOTECHNICAL SERVICES VICINITY t4AP ] y l:i ; , . ! \" j 1 3 i '" i Q, 106.1. . F'II-I:I..~ ] ,ott-" 2 <r. V . , ..,.4-" , l"fJlt. , D , "1 I ; , " C 11 "~/' i .:.j t , @ " "1 toll -b M i @ --.......~ , ., --- ffiJ W~ 1 m y j WHITELD 5T. J , ] ~ - Approximate Location of Boring J PROJECT No. B-054452 SITE MAP J BUENA GEOTECHNICAL SERVICES ] May 25, 2005 B-054452 1 I 'J 1 A-l l FIELD INVESTIGATION i A. The Borings were drilled to a maximum.depthof15feet .below ,the I existing ground surface to observe the soil profile and to obtain ] samples for laboratory analysis. The borings were drilled on May 4, 2005 using a mobile drill rig. The approximate locations of the ] borings were determined in the field by pacing and sighting, and are shown on the Site Plan in this Appendix. B. Samples were obtained within the test borings with' a Modified J California (M.C.) Ring Sampler. The samples were .obtained by driving the sampler with a 140 pound hammer dropping thirty (30) inches in accordance with ASTM 0 1586. ] C. Bulk samples of the soils encountered.. were gathered from. the auger cuttings. D. The final logs of borings represent our interpretation of the , contents of the field logs and the results of laboratory testing , I performed on the samples obtained during . the subsurface investigation. The final logs are included in this Appendix. j , J J . , l J J ] LOG OF BORING for: Site Location: Arroyo Grande 135 Whiteley Street Job No. B-054452 Driller/Helper: Rig Type: BORING NO.1 1 Auger Diameter: 4" j Date: Mav 4 2005 Depth Bag Blows Drilling Buena l ft.) Sam ole oerft. comments ~oids Moisture Descriotion USCS SolllD 0 Soft Moist Brown siltv c1av CL C1 , l 5 . Wet 10 j .. ; , .': 15 . Total deoth 15'0' I J 1 20 I I . 25 30 J i , -.J 35 J I ] 40 J GROUNDWATER SAMPLE lYPE Time Depth U=Undisturbed ring sample N.E. S=Standard penetration tube J T=Shelby tube [ ]3" [ ] other: J LOG OF BORING, for: -, Site Location: Arroyo Grande 135 Whiteley Street Job No. B-054452 I Driller/Helper: Rig Type: BORING NO.2 ] Auger Diameter: 4" Date: Mav 4. 2005 ~ith Bag Blows Drilling Buena I Samnle nerft. . comments Voids Moisture Descriotion USCS ~i1ID 0 , Soft Moist Brown siltv clav . CL C1 l , 5 ] Wet ., -,- . -, ! 10 V-wet i , ] . 15 I Total denth = 15'0" -] 20 , I , 25 30 , 35 40 GROUNDWATER SAMPLE TYPE Time Depth U=Undisturbed ring sample N.E. S=Standard penetration tube j T=Shelby tube [ ]3" [] Other: J LOG OF BORING for: Site Location: Arroyo Grande 135 Whiteley Street Job No. B-054452 . Driller/Helper: Rig Type: BORING NO.3 1 Auger Diameter: 4" j Date: Mav 4. 2005 Depth Bag , I:~ws Drilling Voids Buena ) It.i " Sam ole r It. comments Moisture Descriotion USCS SoillD 0 Soft, Wet Brown siltv clav . CL C1 5 , 10 V-wet , , . 15 Total deoth = 15'0. . .' 20 25 , '] , 30 .. j l j 35 J , 1 40 .! J GROUNDWATER SAM PLE TYPE Time Depth U~Undisturbed ring sample N.E. S~Standard penetration tube J T~Shelbv tube [ ]3" [] other: ] -1 "} I MAJOR DIVISIONS GRAPH ~~~ 'TYPICAI;DESCRIPTIONS SYMSOL I ..... . 'GRAVEL ..".."..,.....,. OW iWlll.Q1\ACED CRAVElI, CRAVEl. CLEAN ..".."..".....". ,!.AND UIXl\lRES. limE OR NO FINEI AND GRAVELS .."............". COARSE GRAVELLY cumEOR NO "1'1:1:,,':"1 ptXllI. Y.Q1WlED CRA"'Ll.aRAYE!.. SOILS FINES' I~~I~"'"'I OP GRAINED I I;.I~I?I)'I '<aAM>UIXTUREa,'urn.E ORNO FIEI SOILS ' , , , , GRAVELS . , " III , OM ; .l.lY aRAVEL!. CRAYEloSANQ. lIOAE lIWl.... . . . . SLUnX1\JRES OF COARSE WI1H . . . .1 FR.lCTXlN MT.IlHED FINES I ON NO. UIEVi IAl'f'RECIAIlLE OC CUYEY GRA"'lI.llIIAYEl-IANQ. j ....0lJI/T OF FINES) CUY ~IXTIJRES ........... ] .... . ,W8.l.QRAOED I.III:lI, ORAVEU.Y SAND ........... SW .... . . SN<<lS. UT1U OR NO FINES ........... lIOAE TH.lH 10'<. AND CLEAN SAND .... . ..... . OF WATERI.II. IS SANDY ILITTLE OR NO FINES' ........... LAIl<lER TIW< ........... SP proll. y.Q.IlACEO SANOS. aRA\lEUY .........,. NO.2ClO SIEVE SrlE SOILS ........... SANDO. LImE OIl NO FINElI . . 'I ........... ........... I .... . ~J ..... . WOllE nIAH "'" SAND WITH FINES ....:.:.: . SM . SIL'N smos. SAND-Sn. T MIXTURES OF COARSE IAf'I'!lECIABI..E .--~ FRACTION ,......Na ... . ON NO.'( SEVE .wo<JNT OF FINES) SC . cum llANOS.llANlXLAY WIlC!\JRES INORCA/lIe BUI AIlO VERY FIlE IAH08, FINE ML ROCKFlllUR. SLlYOR ClAYEY FINE 1ANOlI' . GRAINlOo OR ClAYEY UTI WITH 8UOHT PLASTICITY SOILS SILTS INORQAIIICCUYS OF LOW '19 WEOUl AND UQUID LIMIT CL LEI;S THAN 60 .PlASTICITY. GRAVEllY CUVl.1>>ct CLAYS ClAVI. SLlYCUYs'LENl ClAYS OL OOOAI/IC SL TlNIO CAl1AIllC "ILlY a.AYI OF lOW P1..ASTlCnv I MH t<OOQAI/1C II.TI.lIlCACroU1 0" lIORE lHAH """ SILTS CAATOM~0U8 FINE BAHO OR 81.TY SOilJ .j OF t.lATERIAl m AND UOUID LIMIT IMW.ER THAN CLAYS QREATER CH ~tC ClAYI OF HIOH P\.ABTlCIT'r'. . NO. 200 SIEVE :SIZE lHAN!lO FAT ClAva j OH ORQANC a.AYI OF WEOtuw TO HDH PLMncrTY, 0RClAN1C Sl.n J . HIGHL y'ORGANIC SOILS PT PEAT. HUldUl,IW.u.lP SOLI wrrn H~ OAGANIC COKTEHTS NOTE: DUAL SYMBOLS ARE USED TO INDICATE BORDERLINE SOIL ClJ\SSIFIC"'T1OHS. j ] J J May 25, 2005 B-054452 ; , J 1 j I I .1 ; ] APPENDIX B :l Laboratory Testing , . .J Test Results , Bench and Keyway Detail I Transition Lot Detail 1 , j I , j J - - May 25, 2005 B-054452 1 ] , ] 1 ., B-2 i J TEST RESULTS 1 i , Boring Depth 1@ 0'-15' ] Soil Type C1 uses eL Maximum Density (pcf) 101.0 J Optimum Moisture (%) 16.4 Expansion Index 52 -1 I j , I "J J J , ] J J J - 1 Jl)1Pical NOITO SCALE ! AdcliUonal banclibacKdrains 1 . Maximum stope: 2:1 . . . .." . ,":. . . .. I . .' . ,l 0" ',.. . . . << ',' '. .,: ., "', '... Compt2C:edFlB '. " ,;~~ . . ~ . . . ..... I' ~ Removeanet.sti.n~soil . : .' :......'..... ". ", . . . '. . . '. "0 ...~ . ':" .\ . .' . \ :' .0 "..., ..... . . -0'.... ..... . . ... . ..... . .' ....0 ~./',,"" 1 ; .' . "'.. ,.. 1 . .' . . . "...... , """:' I' .' ." 0() ,'. . ! t:J.Isling s ope ~ ,\' .' . .. ...." ,......', '. .... .' . '. .' .:,.,~:.'2-3r,!l'P'3''::::';:' '" .J. . ." . . . . . .. ~.... . !C. .":". . '. . .' . .-!" . ~=.=;.... . . _0' ..... "./'.. '" rI' ...... "o'.. I Tee oLSlopa ...... 00 . . . ..." .......'.'...."'."~,,....,, ~"'''''' . '. . .' ..' i1:"- ..' ,~~;....., \. 'ok ',' . .' ......... . '. .,,,' '. . . . 00 ..... .~;o: _ ,",. .' . .' .~... '.' 0"" ~~~<..)...,;:"...>"..:..~,>..../'~" ..' .. . .., .' . , '. ." .. . . . ~ j : . . ... ",' .11 r.:in. ,.~. . . '-~ .0 ",-',,"',',,',. ..-...;; '0 .0.. . . ",. ,",'N """"J .. .' · . ........,."" . . .. .. ........ .... . .,..."'.... . . .. . . . . . .., Keyway'back drain' ., . I . :. ". . j 10' min. .: I ' ! ] ! J BUENA GEOTECHNICAL SERVICES BENCH. AND KEYWAY DETAIL J ] -~ , ; -, i I GENERAL GRADING RECOMMENDATIONS '1 CUT LOT I . _--- ORIGINAL .._-- GROUND --- ~-- --- .;- ( --- ~,.... -- -- ....... ------ - TOPSOIl., COUUVlUII 1.110 .......... WEATHeReD BEDROCK............... , --- ..... 5 5' .-.............. 3' . LOVElleXC~VATe 1.110 .......... , ........ -..... .......... REGRAOe ... .-.....-. UNWEATHEReD aEDROCK ~ j , . , ; ,.) , CUT/FILL LOT (TRANSlTlo.m .- ORIGINAL .............. ..... GROUND ..... ..... i -..... .......... .......... ..... , ............. .......... 5' .....- ..... -- 3' '. ~ ..... COMPACTED FILL _... .-- .....- .. ........ r - OVEREXCAVATE AND I .J ........ .......... REGRADE TOPSOIL., ..... ~;""'-COLLUVIUM ANO "..,.. UNWEATHERED BEDROCK J WEATHERED .... ,"BEDROCK ,,""" ..... .......... ...- ] ] BUENA GEOTECHNICAL SERVICES TRANSITION LOT DETAIL J ] 9.b. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN .that a Public Hearing will be held by the City Council of the City of Arroyo Grande on TUESDAY, AUGUST 23, 2005 at 7:00 p.m. in the Arroyo Grande Council Chambers, 215 E. Branch Street, Arroyo Grande, to consider the following item: CASE NO.: Amended Conditional Use Permit 05-001 APPLICANT: Terry Fowler-Payne LOCATION: 212 Miller Way The City Council will consider an Amended Conditional Use Permit to remove a deed restriction and allow a second dwelling unit on the second floor of an existing carriage house. In compliance with the California Environmental Quality Act, the Community Development Department has determined that the project is categorically exempt under section 15302 of the CEQA guidelines. If the City Council does not feel that this categorical exemption is appropriate, project approval will not be considered. Information relating to this proposal is available at the Community Development Department, located at 214 E. Branch Street, 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 the proposal may submit written comments to the City Clerk before the City Council meeting, or appear and be heard in support of or opposition to the proposal. If you challenge an item in court, you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearings. Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the action of the legislative body for which the notice was given. uh~~ I City Clerk I Publish 1 Time, The Tribune, on Friday, August 12, 2005 I MEMORANDUM I TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~ BY: JIM BERGMAN, ASSISTANT PLANNER~ SUBJECT: CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 05-001 TO REMOVE A DEED RESTRICTION AND ALLOW A SECOND DWELLING UNIT ON THE SECOND FLOOR OF AN EXISTING CARRIAGE HOUSE; APPLICANT - TERRY FOWLER-PAYNE; LOCATION - 212 MILLER WAY DATE: AUGUST 23, 2005 RECOMMENDATION: The Planning Commission recommends the City Council deny Amended Conditional Use Permit Case No. 05-001, which entails not authorizing the removal of a deed restriction and not allowing a secondary dwelling. FUNDING: No fiscal impact. DISCUSSION: BackClfound The applicant's property is zoned Residential Rural (RR) and is currently developed with a house, a three-car garagelcarriage house and a circular driveway with three uncovered parking spaces. Development of the carriage houselgarage was entitled in 1991 through City Council Resolution No. 2463 (CUP 91-483 and Variance 91-156), which allowed the accessory structure with a maximum height of 24 feet. Included in the Resolution was Condition of Approval No. 17, which stated: "Prior to issuance of a building permits, the applicant shall record a deed restriction and an agreement affecting real property regarding the garage/carriage house that prohibits plumbing fixtures in the second story and prohibits the conversion of the garage/carriage house structure to living quarters" (Attachment 1, Resolution 2463 and City Council minutes of April 23, 1991) The applicant is also entitled to operate a three-room Bed & Breakfast facility per a separate Conditional Use Permit approved by Planning Commission Resolution 01- 1812 (Attachment 2, Resolution 01-1812 and Planning Commission Minutes from January 15, 2002). The three uncovered parking spaces appear conducive with the parking requirements of a three-room bed & breakfast use. I I I I I CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 05-001 TO REMOVE A DEED RESTRICTION AND ALLOW A SECOND DWELLING UNIT ON THE SECOND FLOOR OF AN EXISTING CARRIAGE HOUSE; APPLICANT - TERRY FOWLER-PAYNE; LOCATION - 212 MILLER WAY AUGUST 23, 2005 PAGE 2 I I On June 10, 2003, the City Council adopted Ordinance No. 541, which amended portions of Municipal Code Section 16,52.150 regarding second residential dwellings, pursuant to California Government Code Section 65852.2. This Ordinance allowed the establishment of secondary dwellings in all residential districts subject to specific development standards. On May 6, 2005, the Neighborhood Services Coordinator opened an investigation at the subject property based upon a complaint that the upstairs of the garage/carriage house had been converted into a secondary dwelling unit. Upon inspection, the Neighborhood Services Coordinator found modification of one of the three downstairs garage bays into living space with a sink and kitchen type cabinets (the applicant states this is an office) and the conversion of the second floor area to a residential unit with two sleeping areas and a bathroom served by an individual gas meter (Attachment 3, photographs of non- permitted improvements). As part of the investigation it was suggested that the property owner apply to legally establish a secondary dwelling unit. Discussion" After referring to the Municipal Code and conferring with the City Attorney, it was determined that the City Council, since it was the body that approved the original Conditional Use Permit and deed restriction, was the appropriate body to authorize its removal 'through the Amended Conditional Use Permit process. The applicant has submitted site and floor plans for improvements that are substantially similar to those that have been completed without' building permits (Attachment 3). The applicant proposes the following: >- Conversion of a garage bay into an office with a sink, cabinets and a bathroom; >- Conversion of the second floor storage area into a 900 square foot secondary dwelling with one bedroom and a bathroom; >- Utilization of a separate gas meter; and >- Provision of seven parking spaces (two covered for the house, three uncovered for the Bed & Breakfast, two uncovered for a two-bedroom secondary unit) The proposed improvements to the upstairs area appear to comply with Municipal Code Section 16.52.150 (Second residential dwellings) except for the use of a separate gas meter. The applicant wishes to utilize the separate gas meter to avoid trenching through , the existing stamped concrete driveway. , , I One of the downstairs garage bays has been converted into a room complete with a sink, cabinets and bathroom. Improvements of this type can be utilized for many uses including an office or a studio apartment. If the converted garage bay were considered part of the upstairs unit, this would create a secondary dwelling unit of 1,300 square feet instead of the maximum allowed 1,200 square feet. I I ! I I -- I CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 05-001 TO REMOVE A DEED RESTRICTION AND ALLOW A SECOND DWELLING UNIT ON THE SECOND FLOOR OF AN EXISTING CARRIAGE HOUSE; APPLICANT - TERRY FOWLER-PAYNE; LOCATION - 212 MILLER WAY AUGUST 23, 2005 i PAGE 3 It is apparent that the applicant ignored the recorded deed restriction as well as made alterations to one of the garage bays and the upstairs storage room without the necessary permits. An optional condition of approval would be to require the applicant to pay a penalty for the illegal construction through the collection of double permit fees for all building, plumbing, electrical plan checks, permits and inspections required to achieve code compliance. The ability to levy this penalty is stated in California Building Code section 107.5 Investigation Fees: Work without a Permit: 107.5.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 107.5.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. Plannina Commission On August 16, 2005, the Planning Commission held a public hearing related to this proposed project. The Planning Commission expressed concerns with the intensity of use of the site, parking, circulation, adherence to the secondary dwelling standards and the applicant's disregard for the recorded deed restriction. The Planning Commission received letters from two neighbors, which are included as Attachment 5. The Planning Commission also recommended the garage/carriage house be returned to its original permitted state and an appropriate penalty be imposed by the City. If the application for an amendment to the Conditional Use Permit is denied, staff believes this issue is outside the scope of the City Council noticed public hearing item. The ability cited in the staff report to include a fine is done so as an option of including it as a condition if the application were approved. As a result, if the application is denied, staff recommends that existing conditions be addressed through the normal code enforcement process. The Planning Commission recommendations would be taken into consideration through that process. Staff is currently developing recommendations on policies to address illegal garage conversions and secondary units for consideration by the Planning Commission and City Council within the next couple months. However, it is important to point out that this case would not necessarily fall within that process since the requirements, including a specific deed restriction, were established through conditions of approval imposed on a conditionally approved use, making it unique from a normal illegal conversion circumstance. -. I CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 05-001 TO REMOVE A DEED RESTRICTION AND ALLOW A SECOND DWELLING UNIT ON THE SECOND FLOOR OF AN EXISTING CARRIAGE HOUSE; APPLICANT - TERRY FOWLER-PAYNE; LOCATION - 212 MILLER WAY ! AUGUST 23, 2005 ! PAGE 4 AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Adopt the Resolution; - Modify as appropriate and adopt the Resolution; - Do not adopt the Resolution; and - Provide direction to staff and the applicant Attachments: 1. Resolution 2463 and City Council minutes of April 23, 1991 2. Resolution 01-1812 and Planning Commission Minutes from January 15, 2002 3. Photographs of non-permitted improvements 4. Project plans 5. Two letters from neighbors I I I I I , I I I I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING AMENDED CONDITIONAL USE PERMIT 05-001 WHICH ENTAILS NOT AUTHORIZING THE REMOVAL OF A DEED RESTRICTION AND NOT ALLOWING A SECONDARY DWELLING . LOCATED AT 212 MILLER WAY, APPLIED FOR BY TERRY FOWLER- PAYNE , WHEREAS, the City Council of the City of Arroyo Grande has considered an application for Amended Conditional Use Permit Case No. 05-001 , filed by Terry Fowler-Payne for the removal of deed restriction and to allow a second dwelling unit on the first and second floor of an existing carriage house; 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 not consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the proposed project is Categorically Exempt per Section 15302 of the CEQA Guidelines. WHEREAS, the City Council finds, after due study, deliberation and public hearing, all of the required findings could not be made in an affirmative manner: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande general plan, and the development policies and standards of the city. The project does not comply with all applicable provisions of the Municipal Code, specifically it exceeds the maximum size regulations for secondary dwellings and utilizes a separate gas utilities. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. I I The City Council finds that the proposed project will impair the integrity and character of the district in which it is established or located due to the intensity of uses, which include a residential dwelling, Bed & Breakfast operation and a secondary dwelling unit. Together, these uses are not compatible with the intent of the Residential Rural zoning district. RESOLUTION NO. AUGUST 16, 2005 PAGE 2 3. The site is suitable for the type and intensity of use or development that is proposed. The proposed project is accessed from a street that slopes steeply and has potential sight distance problems. These site attributes when combined with the proposed intensity of development including parking for seven cars will lead to unsafe conditions for motorists and pedestrians. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. 5. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. The three proposed uses (residential dwelling, Bed & Breakfast operation and a secondary dwelling unit) on a half acre lot will be detrimental to the public health, safety or welfare or will be materially injurious to properties and improvements in the vicinity because they are incompatible with the intent of the Residential Rural zone, which is stated in Section 16.32.020.C of the Municipal Code as: 'The primary purpose of the RR district is to provide for and protect rural atmosphere and lifestyles. This district is intended as an area for development of low density, large lot residential (1.0 acre gross minimum parcel size) dwelling units at a maximum density of 1.0 dwelling unit per 1.0 gross acre." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby denies Amended Conditional Use Permit 05-001 which entails not authorizing the removal of a deed restriction and not allowing a secondary dwelling. On motion by Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 23rd day of August 2005. I I I I .RESOLUTION NO. AUGUST 16, 2005 PAGE 3 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY I i ! I .' . .' 387. ATTACHMENT 1 CITY COUNCIL MINUTES APRIL 23, 1991 the purposes, of This Gran~, and Approving the Waiver of Program Related Permlt and Inspectlon Fees and the Contribution of Program Related Audit Expenses. .. Mayor Pro Tem Moots returned to the room. 7.0. PUBT,IC HEARING ,- APPEAL OF PLANNING COMMISSION DENIAT, OF VARIANCE CASE NO. 91-156 ANn CONDITIONAL USE PERMIT CASF. NO. 91 483: DENIAL OF A VARIANCE TO CONSTRUCT A TWO-STORY. SINGLE-FAMILY RESIDENCE THAT EXCEEDS BY SEVEII FEET FROM THE NATURAL GRADE OR THREE FEET FROM THE GRADED PAD THE 30-FOOT MEIGHT LIMIT. AND CONDITIONAL USE PERMIT TO EXCEED HEIGHT LIMTT FOR ACCESSORY BUILDING FROM 14 FEET TO 24 FEET TO ALLOW STORAGE/SHOP AREA ABOVE GARAGE: 212 HILLER WAY' RICHARD AND TERRY PAYNE Current Planner Spierling said that the project had been denied by the Planning Commission because of a split 3 to 3 vote. He said the applicants have received a grading permit and have begun grading. He said if the appeal is denied the applicant will still use the grading permit, but reduce the height of the house and garage. After being assured that the public hearing had been duly published and all legal requirements met, Mayor Pro Tem Moots declared the hearing ope!, and said all persons would be heard regarding the matter. RICHARD PAYNE, the applicant, presented petitions to the Council in support of the paynes' appeal. He read from his April 29, 1991 letter to the council. TERRY PAYNE also' spoke to the Council in favor of' the appeal. O.F. NOSS of 246 Miller circle said he was there to represent Or. Jerold Litoff, owner of a home next to the paynes' proposed home. He said the new home would block some of the view from the Litoffs' home. Mrs. Payne showed a photo to the Council of her property in relation to the Litoff home, and said her house. would not be obstructing anyone's view. When no one further ~ame forward to speak, the public hearing was closed to the floor. Council Members discussed view corridors, height of the structures, grading, and colors for the house, and indicated they would approve the appeal. There was council concern about the two story garage becoming living quarters" some time in the future, and - members said that issue should become a deed restriction. r:t was moved by Dougall/Smith (4-0-1, 'Doug-all, Smith, Olsen and Moots voting aye, Hillis absent) to approve Resolution No. 2462 Granting a variance,Case No. 91-156, Applied for by Richard and Terry Payne at 212 Miller. Way to construct a TWo story single Family Residence that Exceeds the 30 foot height limit, Adopting a Negative Declaration and Instructing the city Clerk to File a Notice of Determination. It was moved by Dougall/Olsen (4-0-:1, Dougall, Olsen, Smith and Moots voting aye, Millis absent) to approve Resolution No. 2463 Approving conditional Use Permit Case No. 91-483, to Exceed Height Limit for Accessory Building from 14 Feet to 24 Feet, Applied for by Richard and Terry Payne at 212 Hiller Way, Adopting a Negative Declaration and Instructing the City Clerk to File a ,Notice .of Determination, and as amended with Condition No. 17 which read as follows: 6 ,. 188 - CITY COUNCIL MINUTES APRIL 23, J.99J. "17 ~ Prior to. issuance of building permits the applicant shall record a ~eed. restriction and an agreement' affecting real prope:ty ~egard~n~ the garage/carriage house that prohibits plumb~nq f~xtures ~n.~he'second story and prohibits the ,conversion of the garage/carriage house structure to living quarters." 8.A. HOOK IW:lPS AT C~INO MERCADO No Report.. .. 8.B. UPDhTE ON COUNTY PROJECTS AFFECTING THE CITY No Report. " 9.A. REOUEST OF ARROYO GR1\NDE CH~BER OP COMMERCE REGARDING PRESENTATION ON ECONOMIC DEVEI,OPMENT Sandy LUbin, .138 Via Bandolero, member of the Arroyo Grande .Chamber of commerce Board, spoke to the council about, the current Recession in the Country and said the Chamber is concerned about the lack of potential commercial and industrial development in the City. He asked for the city's cooperation in seeking out viable commercial and corporate entities to locate here. He suggested that the city could annel< land for' open space and commercial development. He listed ways in which the Chamber assists the city. .He said the Chamber Board of Directors, in the best interests of the City, had voted to forego its annual funding from the city in order to reduce toe potential for any reductions in city staff. council Members thanked the Chamber for its action. ~.~o ~~so;gT~~ s~;p~~~~~~ THE I,P.AGUE OF CAI,IFORNIA CITIES IN ITS F R PEA BIl,L 2557 AND IMPLEMENT THE V. L. F. SOLUTtoN .' It was moved by Olsen/Smith (4-0-1, .Olsen, smith, Dougall and Moots voting aye, Millis absent) to approve Resolution No. 2464 supporting the League of california cities in its Efforts to Repeal - Senate Bill 2557 and Implement the V.L.P.Solution. 9.C. RESOLUTION DESIGNhTING I.ANDMhRK TREES AT 468 CAMPANA PI.ACE It was moved by Smith/Dougall (4-0-1, Smith, Dougall, Olsen and Hoots voting aye, Millis absent) to approve'Resolution No. 2465 Designating Landmark Trees No. 91-59. ~ITTEN COMMUNICATIONS Mr. Christiansen said that it was Mayor Hillis' intent to reappoint all City commissioners whose terms WOUld be eKpiring June 30, 1991. He said they are Clark Moore and M.P. "Pete" Gallagher, Planning commission; Judy Tappan and patricia sanger, parkS and Recreation commission; Gary L. Borda and Cleo Silva, Parking and Traffic Commission; Katherine "Kay" Silva and Aurora Kurek, Senior Advisory commission, and Mark Clark, Harlin Harper and Anne Waiters, Downtown Parking Advisory ~oard. 'I council Hembers said they approved Mayor Millis' ~ reappointments. 9RA1. COMMUNICATIONS council Member Dougall said he attended a meeting at the police Department at which 16 of the city's police Officers received commendations from the Auto Club for their safe driving abili ties. council Member Smith said she had received numerous complaints about large la-wheel trucks parking on private property on Huasna Road. she asked Staff to resolve the problem. CI.oSED SESSION , None. Ii 7 II I I ! ",' ~ RESOLUTION NO. 2463 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 91-483, TO EXCEED HEIGHT LIMIT FOR ACCESSORY BUILDING FROM 14 FEET TO 24 FEET, APPLIED FOR BY RICHARD AND TERRY PAYNE AT 212 MILLER WAY, ADOPTING A NEGATIVE DECLARATION AND INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION. WHEREAS,lhe City Council of Ihe City of Arroyo Grande has considered an application 10 exceed Ihe helghlllmlt lor an accessory building from 14 leet to 24 feet to allow a storage/shop araa above garage, applied for by Richard and Terry Payne at 212 Miller Wrrj In the RA.B3 ResIdential Agricultural Zone; and " l WHEREAS, the CIty Council has found that thIs. project Is consistent wtth the General Plan and environmental documents associated therewith; and WHEREAS, the City Council has reviewed the project In compliance with the Califomla Environmental Quality Act and has determined that a negative declaration can be adopted and Instructs the City Clerk to flle a NoUca of Determination; and WHEREAS, the City Council finds, aller due study, deliberaUon and public hearing, the following clrcumslances exlsl: 1. The proposed use Is consistent with the general plan. 2. The slle Is adequate In size and shape lor the proposed use because all setbacks, parking and other requirements, excepting height limits 0Ithe'RA-B3 zone can be mel. 3. The site for the proposed use has adequate access to Miller Way. , 4. The proposed use will not have an adverse effect on the adjacent properly because exlsllng view corridors will be preserved. 5. The design and layout: 01 the proposed use Is suitable. 6. The projee! will not have an adverse effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a Negative Declaratlon, Instructs the Secretary to flIe a Notlce of DelermlnaUon and approves. said Conditional Use Permit, subject to appropriate standard conditions of the City of Arroyo Grande, and the lollowing special conditions: General Condltlons 1. The applicants shall ascerteln and comply with all State, County and City requirements l as are appl1cable to thIs. project. - 2. Development shall ocCUr In substantial conformancll with the plans presented to the City Councll althe meeting of April 23, 1991 and marked .'Exhlblt A' and 'Exhibit B'. 3. The applicants shall agree to defend at hlslher sole expense any action brought . against the City, Its agents, ollicers, or employees because of the Issuance of saId approval, or In the altemalive, to feltnqulsh such approval. The appltcant shall reimburse the City, Its agents, off1~rs, or employers, for arrf court costs and attorney's fee's which the City, Its agents, officers or employees may be required by a court to pey as a result of such aetlon. The City may, at Its sole discretion, participate at Its 0'M1 expense In the defense of any such action but such partIc1patlon shall not reIlave applicant 01 hlslher obligations under thls condition. 4. All conslructlon shall utilize fixtures and desIgns which minimIze water usage. Such flXlures and designs shalllnc1ude, but are not Ilmlted to, low flow shower heads, water saving toilets, Instant water heaters or hot water reclrculatlng systems, drip IrrigatIon with drought tolerant landscaping and elcetera. All fixtures and designs shan be Installed prIor to flnal occupancy. .. " - Planning Department Conditions ", 6. Development shall conform with the RA.83 zoning requirements unless otherwise approved. 6. Pad Bevation fOT the garage shall be no higher then 206.5 feel based on clly bench mark number 104 located althe southwest corner of North Mason Street and laPoint Street. 7. Maximum elevation of the garage shall be 229.5 feel. , B. FInal colors and materIals shall be approved by the Architectural Advisory CommIttee prior to Issuance of building permIts.' .' Building Department Conditions I , I I 9. Prior to Issuance ,of building permlts, the applIcant shall oblaln necessary permlls for: l a. Work In the public right .of way; ~. b. Retalning walls; and c. Grading. to. All structures as regulated by thecurrenUy adopted Issues olthel1nlform BuUdlng Code and related eades, are subject 10 all seismic condlUons as they would apply to Earthquake Zone 4. 11. All structures as regulated by the currently adopted Issues 01 the Unlform BulIdlng Code and related codes, are subject to energy regulations as described In Tille 24 of the CalIfornia AdmInistrative Code. 12- No canstructlon shall begIn an the garage untllthe finIshed grade .of !he pads (as appraved by the Clly Councl~ Is certified by a licensed surveyor. , Public Works DepartmentCondlllons 13. All Improvement plans shall be prepared by a registered ciVu engineer. licensed In the State 01 CaJUomla, and shall be approved by the Public Works DIrector prior to Issuance of any City Permits. Improvement plans shalllnclude, .but are notllm~ed to, grading, street, drainage, sewer, water, and appurtenant ImprQY!lI1lente, A9 required, the plan submittal shalllnclude constrUcUon cost esUmates, plan check fees, soli reports, and all other pertinent engineering design calculations, .. 14. 'Standard Specifications for Public Works ConstrUction', latest"eclillon, and the latest edlUon of the 'standard Plans for PublIc Wor1<s Construction", as amended by the City, shall be the project speclfications, except as noted otherwise on the approved . Improvem.ent pl~s. 15. All grading shall conlorm to the City's Grading Ordinance- (303 C.S.) and Chapter 70 .of L the Uniform Building Code, and/or as recommended by tha solis report wlth prlor review and approval olthaDlractar, .01 PUblic Wor1<s. . 16. Ills tha contractor's responsibility to control dust and erosion thraughout the constrUction operation. this Includes dust arising from the transport of grading materials ta or from the construcUon site. The developer or hIs agents or employees shall be respanslble for famoval and clean-up 01 any spill on public streats during the construction operation. 17. . . PrIor to Issuance of building permlls,the applicant shall record a deed rastrlcllon and an agreament affecting raal property regarding the garage/carrlage house that prohibits plumbIng fixtures In the secand story and prohIbits the converslOll .of the garage/carriage house strUcture to living quarters. , . . th f II ~ motion by Council Member Dougall, seconded by Council Member Olsen and by e 0 0 ng roll call vote, to wit: ' . A YES: Council Members Dougall, Olsen, Smith and Moots NOES: None ABSENT: Mayor Millis the foregoing Resolution was adopted thIs 23th day of April, 1991. .~ (V/~ GENE MOOTS, MAYOR PRO TEM '\ ATIEST: I ~ (J. ~J';AJ NANCY A. D S, CITY CLERK , I, Nl\NC'{ A. DAVIS, City Clerk of the City of Arroyo Grande, COunty of san Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2463, is a true, full and correct copy of said Resolution passed and adopted at a regular rreeting of said council on the 23rd day of IIpril, 1991. WITNESS lit' hand. and the seal of the City of Arroyo Grande affixed this 1st day Sf ~y, 1991. ~ a. ~<';..v CITY CLERK l , ," ATTACHMENT 2 RESOLUTION NO. 01-1812 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 01-009, APPLIED FOR BY TERRY P. FOWLER WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 01-009, filed by Terry P. Fowler, to operate a three- room bed and breakfast within an existing residence located at 212 Miller Way; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and-has determined that the project is categorically exempt pursuant to Section 15303 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is conditionally permitted within the subject district pursuant to the provisions of Section 9-03.050 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 because the scale and intensity of the proposed use is typical in a single-family residential neighborhood and the exterior appearance of the residence would continue to be in keeping with surrounding residential uses. "II'! addition, the proposed use would be subordinate to the primary use as a single- family residence. .. 3. The site is suitable for the type and intensity of use or development that is proposed because all of the necessary Development Code requirements including parking would be provided, and the activities associated with the proposed use (e.g, eating, sleeping, lounging, etc.) are typical to a single-family residence. Further, the guest rooms are existing rooms within the residence; therefore, the existing residence would not be enlarged. 4. There are adequate proVisions for water, sanitation, and public utilities and services to ensure the public health and safety. Resolution No. 01-1812 Conditional Use Permit No. 01-009 Page 2 of 4 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 01-009, with the above findings and subject to the conditions as set forth in Exhibit nAn, attached hereto and incorporated herein by this reference. On motion by Commissioner Guthrie, seconded by Commissioner Keen, and by the following roll call vote, to wit: -- AYES:Co~missioners Fowler, Guthrie, Keen and Chair Costello NOES: None ABSENT: None the foregoing Resolution was adopted this 15th day of January 2002. ATTEST: Lyn Reardon-Smith, Commission Clerk Joseph M: Costello, Chair AS TO CONTENT: Rob Strong, Community Development Director .., .' '. Resolution No. 01-1812 Conditional Use Permit No. 01-009 Page 3 of 4 EXHISIT "A" 'CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 01-009 Terry P. Fowler 212 Miller Way COMMUNITY OEVEI OPMFNT OFPARTMENT GFNFRAI CONnlTIONS This approval authorizes the operation of a three-room bed and breakfast within an existing residence located at 212 Miller Way. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional use Permit Case No. 01-009. 3. This application shall automatically expire on January 15, 2004 unless a business license is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension' of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of January 15, 2002 and marked Exhibits "81 - 83". 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. 6. Development shall conform to the Residential Rural (RR) District requirements and Development Code Section 9-11.070, except as otherwise approved. .' ''i"', Resolution No. 01-1812 Conditional Use Permit No. 01-009 Page 4 of 4 SPFCIAI . CONDITIONS ." 7. The operator of the bed and breakfast shall reside on the premises. 8. Guest stays shall be limited to 14 days, with a seven day period between stays. 9. No meals, except for light refreshments, shall be served after 11 :00 a.m. Only guests may be served. No cooking shall be allowed in guest rooms. 10. Signage shall conform with the plans presented to the Planning Commission at the meeting of January 15, 2002. 11. Directional signage shall be placed at the two access points of the circular driveway. The northern access shall be posted as an entrance only and the southern access shall be posted as an exit only. BUILDING AND FIRE nFPARTMFNT 12. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. . . PRIOR TO ISSIIANr.F OF BlISINFSS IIr.FNSF 13. The applicant shall obtain County Health Department approval for the cooking area. ." ".:,'.,' MINUTES Page 2 Planning Commission January 15, 2002 RESOLUTION NO. f-~ . . A RESOLUTION OF THE PLA~ G COMMISSION OF THE CITY OF ARROYO GRANDE APP VING' TENTATIVE TRACT MAP AMENDMENT CASE NO. -001, TRACT 2265, VILLAGE GLEN AYES: Commissioners Bro n, Fowler, Guthrie, Keen and Chair Costello NOES: None' ABSENT: None the foregoing resoluticfn" was adopted this 15th day of January 2002. PUBLIC HEARING - CONDITIONAL USE PERMIT 01-009; APPLICANT - TERRY FOWLER; LOCATION: 212 MILLER WAY, (CONTINUED FROM DECEMBER 4, 2001 MEETING). Staff Report - Kelly Heffernon, Associate Planner. Ms. Heffernon spoke, saying as directed by the Planning Commission on December 4th, the applicant has submitted a revised site plan showing that the circular driveway can accommodate the three additional guest parking spaces outside of the frol)t setback area. The spaces will be delineated with white striping and parking bumpers. Because of the safety issues discussed during the previous public hearing, directional signage is also required for the two driveway access points, with the northern access serving as an entrance, only, and the southern driveway limited as an exit only. Other than these amendments, the conditions of . ..- I approval remain unchanged from the Commission's previous review. I I , She further recommended that the Planning Commission adopt a Resolution approving Conditional Use Permit 01-009 subject to the revised conditions 'of approval. Commissioner Guthrie commented that the driveway had three parking spaces with bumpers, but that on the photographs showing the parking, there were four cars parked in the driveway. Ms. Heffernon said that the photograph was showing that four cars' could be parked if necessary; and that there was more than adequate room for a fourth car and maneuvering. . Commissioner Brown said for safety reasons he would like to see no parking on Miller Way and he Would like this to be a condition of approval. . . . .. Ms. Heffernon said a request for no parking on the street would have to go to the Traffic Commission first. Commissioner Brown said he could not approve this use without this condition. , "-.... Ms. Heffernon said the applicant only.has to provide two parking spaces in the drivew<!y, but in fact has three parking spaces delineated. , Terry Fowler, the Applicant, spoke explaining.the parking in more detail. i . - ..", MINUTES Page 3 . Planning Commission January 15, 2002 Commissioner Keen thanked the applicant for returning to the Planning Commission with the requested information and said that the revised site plan clarified the parking. ,. . PUBLIC COMMENT John McGrath. 227 Miller Way, spoke saying he had concerns with the steep grade of Miller Way and thought there should be no parking on this street. Douo LeSaoe, 297 Miller Wav. spoke askin9 if this was the correct zoning for this type of a business, and stating that he considers this road to be too narrow to have parking on both sides of the street. In addition, he wanted to know if the room over the garage had a permit for a second residential unit. END OF PUBLIC COMMENT Rob Strong clarified that the current General Plan classification is Low Density is Single Family Residential and the Bed and Breakfast Conditional Use Permit can continue as a valid use with a Home Occupation Permit. . . Commissioner Brown said even though he had no problem with the concept of a bed and breakfast he could not approve this project because he could not approve all of the findings, . referencing No.5, that "the proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvenients in the vicinity". Commissioner Fowler thought a bed and breakfast was a great use for this house, but she did have some concerns about the on-street parking. However, she had spoken to a neighbor of another local bed and breakfast and was told that there was less trouble with the guests of the bed and breakfast, with regard to the' parking, than there was with the neighbor's parking. Commission Keen commented if there was "no parking" how far should this be taken on. Miller Way, some of the residents may not want to have "no parking" on this street. Commission Brown said he would leave that up to the discretion. of PUQlic Works. Commissioner Guthrie spoke saying he thought that guests of the bed and breakfast would not park on the street as they usually want to' protect their car;',. He commented that a Condition of Approval for parking cannot be made for a public street and it would have to go to Traffic Commission. Chair Costello said that thea'pplicant had shown that there can be adequate parking to meet the requirements. He had no objection to this project and he believed that all the findings could be met. Commissioner Guthrie asked if occupancy of the room over the 'garage was allowed under the Conditions of Approval? . . . , I I . . ..: MINUTES Page 4 Planning Commission January 15, 2002. Ms. Heffernan said at this time the Building Permit does not allow for occupancy of the room ; i above the garage. If the applicant wishes to have occupancy of this room they would have , , to return for a secondary residence use permit. ", Commission Guthrie made a motion, seconded by Commissioner Keen, to approve the Conditional Use Permit including Exhibits 'A' and 'B' as submitted, arid adopt: RESOLUTION NO. 01-1812 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDTIONAL USE I'ERMIT CASE NO. 01-009, APPLIED FOR BY TERRY P. FOWLER AYES: Commissioners Fowler, Guthrie, Keen and Chair Costello NOES: Commissioner Brown ABSENT: None the foregoing resolution was adopted this 15th day of January 2002. PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 01- 7; APPLICANT - SPRINT PCS; LOCATION: 200 HILLCREST DRIVE (RESERVOIR NO. Staff Report - Kelly Heffernan, Associate Planner. Ms. Heffernon said Sprint is proposing to install a lecommunications facility at City Reservoir No. 2 located off Hillcrest Drive. The inst ation of this new facility will include replacing the existing City-owned lattice structure ith a 75-foot tall monopole, relocate all operating antennas from the lattice tower an water tank to the new monopole, and placing two equipment c'abinets all within a 8 square-foot lease area, enclosed with a 7- foot tall masonry wall. The monopole woul be camouflaged as a pine tree to blend in with the existing mature pine trees surroundin the water tank. The monopole facility will consist 0 six PCS panel antennas arranged in three sectors of two panels each. The height of t e monopole is necessary to receive and send signals at the proper radio frequency wit ut interference' from the existing pine trees. The site is highly visible from the H' way 101 corridor,. from .the surrounding residential develop.r:nent, and the adjac t Elementary School. Sprint originally propose to co-locate its antennas onto the Nextel monopine, but because . of the visual impact associated with siting a potentially 90-foot tall facility, Sprint resubmitted' to sho a separate pole on the west side of the water tank. Nextel is expected to .resu it their project plans sometime within the next month. or so. Both projects will be onditioned to relocate the City's antennas onto the new facility, and the project that is jrst issued a building permit will be responsible for the relocation of the City's comm nication antennas. commitoner Guthrie commented that although they had been supplied with' the color photo si ulations when he had visited the site it was difficult to get a point of reference to judge t e height of the monopole. . . . ATTACHMENT 3 DOWNSTAIRS HALLWAY DOWNSTAIRS OFFICE UPSTAIRS ,~.. ~"'^' ^ '"'. ~"^m~.~.~=' ~~~,,,"" ". ~ "'-~',,. ~ .- ~,~,.., ~~"",..., - ,- -,~...- ,. " ~.' I I UPSTAIRS LIVING ROOM LOOKING AT BEDROOM #2 I UPSTAIRS KiTCHEN SINK ,.."""", '""(L";"'C "",u.',., ........." 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I 51 I' , i@n I i 1 3 ~ . t>\- j 'I I ~ g~ 3~ i ! I I uffl.~ I 1 I "- '. ; 1,,0 ! t:o or! ....~... _~ j dQ~ '" 1 . +.._~ ,_. ."'f I'~~ ~ I ~ 1 -I ~ '- , 'I s il 10 , I I ! I . , ~ I S I [ ., . I I .. -- ...-.' - ~ I I. _ __._ ;; . ,..,g .M"b ~ 1-- ; I"'~ I I I 0 5 . 0 I u. ~ ~ ... ~ ~ ~ f I I _ C:, l'iQoiQE 0 .i 2S'O 0 1 dOJ.Qf'alt (1) !. ,.,~.a'~ (J) 1- I .- 6~ .9-,(1 .9-.ll ~ ","," ..; · ATTACHMENT 5 ~ August 14, 2005. :D , T:..;'6~ 1 To: Arroyo Grande Plannin'g Commission CI i)'Z005 From: Twila Martin, 226 Miller Circle, Arroyo Grande, CA coZ OF~'r~.1 ~'L'_ ftl/Ut '., ',~" \ -'R I am opposed to Amended Conditional Use Permit 05-001 located at 212 MillerW~Y'fo;:f~lp~NDf following reasons: . . fNr First, there has not been accurate public notification if the garage bay on the first floor is considered as any part of the secondary dwelling. All notices (including the one in The Tribune)state "...to remove a deed restriction and allow a second dwelling unit on the second floor of an existing carriage house.': However, "...staff suggests that the converted garage bay be considered part of the upstairs unit. This would create a secondary dwelling unit of 1,300 square feet instead of the allowed 1 ,200 square feet." If there is a possibility that staff's suggestion will be considered and a 900 square foot second story conversion is dramatically changed to a 1,300 square foot secondary dwelling with one of the covered parking spaces being converted to living space, the residents need to be notified. Secondly, I am opposed to building or converting any secondary unit without covered parking. I am surprised that the city would even consider it. Especially in this case, where there is already the ideal situation with 900 square feet of living space on the second story with a three car garage below. Two bays can be reserved for the residence and one bay for the rental. That would still leave four uncovered spaces in the driveway (three for the bed and breakfast and one for the rental) which is still going to be tight, but possibly workable. Lastly, I am in opposition to a garage bay being eliminated and converted into additional living space just because it's already been finished (illegally). "Staff believes that the conversion of one of the downstairs garage bays into a room complete with a sink, cabinets, and a bathroom appears to lend itself to either an office ora studio apartment type unit. Due to this fact staff suggests that the converted garage bay be considered part of the upstairs unit." Many residents may illegally convert their garages into suitable studio apartments. Will the city approve them or remove them? The existing improvements might lend itself to the dwelling, but potentially seven cars (or more with guests) on one property with only two covered parking spaces doesn't lend itself to the neighborhood. It's excessive and unnecessary. In this case, the improvements to the garage bay should be removed so all three covered parking spaces are used for parking. If anything, another garage bay should be required, not eliminated. In conclusion, I can support the conversion of the second floor as a 900 square foot secondary dwelling as long as all three covered parking areas are cleared and used solely for parking. I also support the Conditions of Approval (especially the owner occupation of one of the units) written in the Planning Commission Hearing Report scheduled for August 16, 2005. Sincerely, ~~ Twila Martin .' Robert and Pam Tarvin RECEIVED 229 Miller Way Arroyo Grande, CA 93420 August 16,2005 AUG 1 6 2005 Jim Bergman CI1Y OF ARROYO GR . Assistant Planner COMMUNITY DEVELO~~; City of Arroyo Grande Planning Department Subject: Amended Conditional Use Permit - Applicant: Terry 'Fowler-Payne 212 Miller Way, Arroyo Grande Dear Mr: Bergman: This afternoon I visited your office to review the application for an Amended Conditional Use Permit as subniitted by the above applicant. After reviewing this application I must voice my objection to this application for the following reasons: Safety - There are no sidewalk along this segment of Miller Way. In the past the applicant has for extended periods oftime allowed hislher guests, renters and others to park in the street because all ofhislher on-site parking was being used for parking and car storage. As such, adults and children waking up and down Miller Way were forced to walk in the busy travel lanes of the City street when passing this address. Precedent - To approve this application will set a precedent and make it difficult for the City to not also approve all similar applications by Qthers. Existing Conditional Use Permit (CUD) - The "Carriage House/Garage is already in-place by means of an earlier Conditional Use Permit granted by the City. As such, concessions have already been made in respect to this structure to the benefit of the applicant. An addition to the CUD earlier granted, the applicant has received approval in the past to operate a bed and breakfast inn, all in non-conformity to existing zoning regulations pertaining to residential neighborhoods. To approve this application would make the integrity of the City's zoning ordinance at best "suspect". In SUII1IJ;lary, what the applicant is really trying to do is "fix" something that he/she has already been doing without proper authorization. Given the inconsiderate manner in which the applicant has undertaken these unsanctioned activities in the past it would be considerablv unfair to the other people residing in this neighborhood were the City to permit the applicant to continue this unauthorized activity. I As such, it is respectful requested that the City Planning commission and the City Council do the proper thing and deny this application. To deny this application will assure that our neighborhood streets remain safe as they should. . I - 11.8. MEMORANDUM I , TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR : , , BY: ~~, KELLY HEFFERNON, ASSOCIATE PLANNER I SUBJECT: CONSIDERATION OF PRE-APPLICATION CASE NO. 05-004 FOR A MIXED-USE DEVELOPMENT ("LADERA PLAZA"); APPLICANT - JIM MOTTER AND MARK LONDON; LOCATION -1200 E. GRAND AVE. DATE: AUGUST 23, 2005 I RECOMMENDATION: Staff recommends the City Council review the project plans and provide suggestions and comments to the applicant. LOCATION MAP: '~'m' 'L-L.kl' {,' ''. / . . , I 112""','-"\2';",,,,- " I " ,I. / "" , Tii')~"'I" m -:' ,,''--.< "~,-<,~ / / / '....... J ~-. .'...' ,~.rr., .11-,' .,,"../ / ',' ' /. " '~. 0,' "'" , . ". /. ),,1 . ""'.,-") "-,'" '. i _".~ J- . ~~< r-- _\7.::-nn "-",^,./ )'", ~g,.,'-' '1 I""~, . ",,-./ ' " /' - ., ~~"-j f-. _".-', <... / .",,,,r" ~ =il'" .--1. 1-,."" ";l..~ ""'" "',. .,' IJ IT "-1 EJ" J I '..~. / " '- ,l" , 1-1)' "l /'.., '~, " .n"_ '.;' /~~, "'-.. '. '/ ('T""r "erg" - \ / "<'~ ". '.,/ " , \ -- "'.. ".... '" / l ,'-4LIT,..,.. .'..., , " , d......, """ ,..:>7,,,,\, ~ f..-.-+-:;t:': ~'2'::r <?i>" ""~~ .....'V /~/~1 ' , l..'.=t--,. :::l5J;=g' ......j f "'& A?,~ & ~:,;> /c,/(). \,>' ',(11,.'"&;"'_ - "1 1::- ~...~ /"<?r~~"~"/((< '0;:A~\ ., ._n .-; f 0::- /' '. /. \ ' .....:) T-i'-::' --,- ..., ''....''-'~y>~<.,~n\\ \'0:' -- ' ! . -I ,,-: \ Y"Y. /\ \ ... (' " ^'>, m..l..- ( \. .\ Y)Vl,' }..." ~ ..I ~"\\,-'"\ '\ "...}v,-'\)..... "", /), \/\ \ ,,,\v., Project Site 11-1""''1 Jll ,.,,// v \.\c-'\ \,)/<:' ,./'./' \..\ \ /\/1 !\ II y.... :--'\. s.( /\ 'C' ! I I'}. iL..-.l....._ _. !! ""'<-\ ,Y "",...,/ \ >",,'-<J / 1\ _ ._~ '-.m. (,s,''(i\ v /// ~,..V' \ .-,./' \! ~('''t ~-'"--.i.. /"-~~ r---.......--.--_n. _ <~w;..,V' c'\ /'1 ''':' I I -.~ ''''.~.J ,~. -.] r- .._ .~.. .-,f ';.r;-/! ! '''-I'''.{ r- ._1 I [ I ! 7 "/..- ....., d~" 1 i A' ,..../, l'.,... ....... r ,-..... ...-"f"-.- ,.~ 7 ' " ------. 1 I' ('?t.' /il'.",'(;",,}.!II/// ,_m"__mm '''-,J l '~. . ':, l '-, 'N,' "1,'/[;'-.1...".j J / I.. ,,0: !".-~"^-.. ',r. If"., f-l~ '. ;1 -,~-"",ql'5'~J " //"-- r "~i ""r" 4",' I I I; 1;-.......... 'if 1 (-/ , ;r I I 7-'",- "'-.! I {~-r,_.1 j I "'I/," "".:j!! l . , , ~;:j \.1 '! "';~'?;L.L /,,,,/ /.1 Ii 7'--.. "',.}; I mu~B'" ~~i.'~ IIY.!,(,i-.L 170"7 ",r. ;7-.,.' , - _'_V~. _n - I I ' r--.,,,, ""--1' i /- ! I ~ 1. __ < "-<t._! ( I f'-r-.. "';", /~...... If [I' , l ...m.. ~I ~~/ /1/ 1',...., "--""- .I !./'f.1 . i I .~ r., , 01....., ( I ~ I CITY COUNCIL I I PRE 05-004 AUGUST 23, 2005 I , PAGE 2 I I I Parcel Size: 5,9 acres I I Terrain: Slopes up from E. Grand Ave. , I Vegetation: Minimal commercial landscaping; weeds i I I I Existing Land Use: I Commercial development and RV storage I General Plan Designation: Mixed Use (MU) Zoning Designation: Gateway Mixed Use (GMU) Surrounding Land Use/Zoning/General Plan Designation: i North: Residential Development and Ocean View Elementary School/PF & MFA/CF & SF-HD South: Commercial Development/GMU/MU East: Commercial Development/FOMU & SF/MU & SF-MD West: Commercial & Residential Development/GMU & SF/MU & SF-MD DISCUSSION: Backaround The project site is triangular in shape and bounded by East Grand Avenue, Brisco Road, and Linda Drive. The property is roughly six (6) acres in size and developed with eight (8) structures occupied by various commercial businesses. "CD's Pet Garden & Emporium" fronts on E. Grand Ave., while an RV storage area occupies most of the rear property. Other existing businesses include a flooring contractor and water purifier sales office (see Attachment 1 for existing conditions site map), Surrounding the site is residential development and Ocean View Elementary School to the north, residential and commercial development to the west, and commercial development to the east and south. The site is subject to the Gateway Mixed Use (GMU) development standards. A lot line adjustment was approved in November 2004 to reconfigure three (3) lots into two (2) lots of 1.89 and 4.01 acres, Proiect Description Proposed is a phased development consisting of eighty-one (81) single-family residential units (102 equivalency units) on the 4-acre parcel located to the rear of the property. and four (4) commercial buildings on the remaining 1.89 acres located on the E. Grand Ave. frontage, Phase I would include construction of the commercial development to facilitate relocation of the existing floor and water purveyor businesses CITY COUNCIL i PRE 05-004 AUGUST 23, 2005 , I PAGE 3 , , , , currently located on the Phase II property, The applicant intends to construct Phase I I and sell the Phase II, residential property. Primary access to the project site is from I Brisco Road for both phases, with a secondary access to Phase I from E. Grand Ave., I mainly for deliveries. Due to the sloping site and ADA requirements, significant , retaining walls are necessary that reach up to sixteen feet (16') in height A variance ! application is required for all walls greater than eight feet (8'). Proposed on-site water retention is provided in underground vaults. The project would be subject to a 15% I affordable housing inclusionary requirement, although the applicant has indicated the desire to hold the sales price of all the units to the workforce housing level (definition of workforce housing varies, but generally means homes affordable to families with incomes between 120% and 150% of the median income). Below are the project, statistics: LADERA PLAZA - PROJECT STATISTICS Number of Square Height Parking Required Parking units/buildings Footage (number of Provided I stories Residential 42 3-bdr units' n/a Height - 35' 203 spaces 243 spaces Component 39 2-bdr units (3 stories) (2 spaces per unit 81 total units within an enclosed (102 density- garage, and 0.5 equivalent units) uncovered space er unit) Difference Commercial 30,115 Height - 27' 74 spaces 74 spaces Component (2 stories) ~ As indicated above, both residential and commercial parking is sufficient as proposed, All enclosed residential parking is provided in a tandem configuration. It should be noted, however, that the Planning Commission has subsequently requested staff to study possible restriction of tandem parking, specifically to discount the second parking space as satisfying parking requirements, and to pursue a Development Code Amendment Fifty-one (51) of the guest spaces are proposed as covered. Pedestrian access between the two phases is provided in the center of the project, leading to a plaza with water (or possibly public art) feature on the commercial portion, The applicant also intends to utilize a cistern rainwater collection system for landscape irrigation and solar panels for the commercial development Exterior building materials for the commercial structures include cement plaster finishing in three (3) earth tone colors, trim in a pale blue ("fired steel") color, and copper awnings (see attached colored elevations for the proposed commercial development). In an effort to break up the mass of the residential units, the plans call for staggered setbacks, varied roof heights, and a diverse pallet of accents, texturing, and colors, The residential color board identifies ten (10) elevation/plan types using various earth tone \ I CITY COUNCIL ! PRE 05-004 , AUGUST 23, 2005 I , PAGE 4 color schemes. Because of ADA requirements, there is no pedestrian access to the commercial buildings from E. Grand Ave, However, the applicant intends to include display windows at grade level as a pedestrian enhancement. Traffic Analvsis A traffic impact study was conducted in September of 2004 by Omni-Means that analyzed a similar, more intensive mixed-use project on the site (enclosed under 1 separate cover). The study focused on impacts to traffic operations based on the I 'cumulative plus project conditions' scenario, and concluded that mitigation is necessary for certain impacted intersections, Specifically, the study concludes that the Brisco Road/E, Grand Ave. intersection suffers from the most substantial increase in delay as a result of additional project-attributed traffic and is projected to operate at a deficient LOS 'F' during peak hour periods. The study further concludes that "all study roadway segments are projected to continue operating acceptably at LOS 'C' or better on a daily basis with the existing capacity configurations except Halcyon Road extending from E. Grand Avenue to EI Camino/US 101 and East Branch Street extending from Traffic Way to Huasna Lopez Drive." Recommended mitigation includes installation of a traffic signal at the Brisco RdJE. Grand Ave. intersection coordinated with the Elm SUE. Grand Ave. signal. Brisco Rd, would be widened to include southbound dedicated left and right turn lanes, The study also recommends, if feasible, mitigation at the Halcyon RdJE. Grand Ave, intersection, including widening of the southbound Halcyon Rd. approach, converting the existing southbound combination through-left turn lane into an exclusive left-turn lane, and upgrade of the Halcyon Rd. approach traffic signals, PlanninQ Commission The Planning Commission reviewed the proposed development on July 19, 2005 (see Attachment 2 for meeting minutes). Issues discussed included traffic, circulation, parking, density, need for a three-dimensional/physical model,landscaping, pedestrian access, architectural design, building height and mass, affordability, and density. As previously mentioned, the Planning Commission has also initiated possible Development Code Amendment regarding allowance for tandem parking to satisfy required parking. Architectural Review Committee The Architectural Review Committee (ARC) considered the project on July 11, 2005 and discussed height/visual impacts of the 3-story residential units and the roof-mounted photovoltaic panels; parking; ADA accessibility; landscaping; design of vault water retention system; architectural design and massing of the residential units; colors, materials, and design of the commercial buildings; need for a three-dimensional model; and pedestrian-scale amenities (plazas, patios, balconies, etc,), Specifically, the ARC would like to see less guest parking and increased green space/recreation areas, modification of the residential clustered units to include two-stories with the three-stories to break up massing, same color pallet for each of the residential clusters, and I CITY COUNCIL I PRE 05-004 AUGUST 23, 2005 PAGE 5 improvement of the architectural design for the commercial buildings (meeting notes are included as Attachment 3). The applicant has submitted revised color boards to respond to ARC and Planning Commission comments. Staff Advisorv Committee The Staff Advisory Committee (SAC) reviewed the proposed project on June 2, 2005 and June 30, 2005 (see Attachments 4 and 5 for meeting notes). Issues discussed included height and construction of retaining walls, frontage improvements, drainage improvements, street improvements, and undergrounding of overhead utilities, Attachments: 1. Site Map 2. Planning Commission Meeting Minutes of July 19, 2005 I 3, ARC Meeting Notes of July 11, 2005 , 4. SAC Meeting Notes of June 2, 2005 5. SAC Meeting Notes of June 30, 2005 6, Project Plans 7. Color Boards (Commercial and Residential) , Under Separate Cover: I Brisco Road Mixed-Use Development Project Traffic Impact Study prepared by Omni- : , Means, dated September 2004 I 1 I I S:\COMMUNITY _DEVELOPMENTlPROJECTS\PRE\05-004 Brisco\CC rpt.doc --..----.- -="_.. . _.-_.-- --~- ( /""- , i \ \ - ATTACHMENT 1 \ \ :\ I \: --.-.,---.....-...- n" " . , \ \ WAREHOUSE ~ ' (WATfR PURl ~ ./ C' RV _' STOR4G . _~ .f: ,WATERSOFTEN~R .' '. \' . ,-- AND PURlFlER ' STRRAGE \ " \ \', . \ \ , \'\ \' 1>, \ V' , . '\ \\ \ ' .. llJffYS . RECREATIONAL \. \ .:, - \ ' VEHICLE REPAIR GARAGE ' , \ \ . . \\ . \ \ \ '\ . . \ . ' , \. RETAINING wAll. \ ' " \ .. , . EMPlY ....O'Ri\IN SUMP WAREHOUSE \ ' \ . THRI IPET STORE \ STORE ' \ \ AC PARKING \' LOT, : \ \, \ '. '. LEGEND GRAND AVE. ' . ~HA-l SOIL'BORfNG tr 5"5 ,LOCATIONS .:..; .' . , ' , NOT TO SCALE , . .... ,/ " SITE MAP " "\" 'SE COR ' ,141 Brjs~~ Rd. ESA ~437 Empresa Drive, Suite A, San Luts obispo, CA 93401 A~royoGrandel Calif9rni.a ,lAME: . ,PROJECT NUMBER: DRAWING DATE: ,FlGURE: ' 003V'~A5El_tfratti\;\141Br\scQ\141~..5H . 10OT.OSB97.001 29 JUL 03 2'.' , . . PLANNING COMMISSION ATTACHMENT 2 MINUTES I I JULY 19, 2005 I .J RESOLUTION NO. 05-1971 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 05-008; LOCATED AT 107 NELSON STREET; APPLIED FOR BY DR. CRUZ i I The motion was approved on the following roll call vote: I AYES: Commissioners Fellows, Tait and Chair Brown , NOES: None ABSENT: Commissioners Keen and Parker the foregoing resolution was adopted this 19th day of July 2005. IV. NON-PUBLIC HEARING ITEMS: , I A. PRE-APPLICATION CASE NO. 04-009; APPLICANT - JIM MOTTER/MARK LONDON; LOCATION -,1200 EAST GRAND AVENUE. Associate Planner Kelly Heffernon presented the staff report and answered technical questions from Commissioners. I Chair Brown opened the hearing to public comment. Mark London. applicant. spoke in favor of the project and described it further with a large photo and a grading plan, He also answered questions from Commissioners. Colleen Martin, 404 Lierlv Lane, commented that it's silly to present a Pre-application without a full Commission. She had concerns about traffic, circulation and density. Chair Brown closed the public hearing. i Commissioner comments: . Parking seems to be a problem in that it's over-parked, and there should be more amenities. . They want to further review the retaining walls, as normally they don't like massive retaining walls, but if they won't be visible, that may be okay. . . They're also concerned about tandem parking. . They liked the solar panels and water cisterns for landscape watering, and they suggested using green building materials. . They also want a three-dimensional, physical model. . They suggested more trees, play areas, tot lots and public yard space, J . It's important to have pedestrian access through the entire project. i They would like to see different architectural design for the commercial site I . I (check out Santa Lucia Bank and the new Longs center). I . There should be more street trees along East Grand Avenue and maybe a parkway along Brisco. PLANNING COMMISSION Page 8 MINUTES JULY 19, 2005 . Circulation was discussed in the commercial area. . There was concem about density. . There was concern about massing. . They would like to see more affordable units. . There was concern about "stacking" at the intersection of Grand and Brisco for left-hand turns. No motion required, as this is a pre-application review only. V. DISCUSSION ITEMS: Cherry Creek revised subdivision and neighborhood plan. (Mr. Strong recused himself for this item and left the meeting.) Associate Planner Kelly Heffernon presented this discussion item. She described the changes from the previous lot layout to this new site plan, new drainage solution (in the form of a bio-swale) and a proposed 130' agriculture buffer (instead of 100'). The reason for presenting this tonight is to update the Commissioners on the new site plan I ideas and get comments before moving forward with final plans. I Commissioner comments: Brown . He expressed strong discomfort with the way this item was presented. . Comments on a very minimal amount of new information shouldn't be seen as I tacit approval. . A "Discussion Item" was not an appropriate method to deal with these issues. Tait . He agreed with Brown that there wasn't much material provided for discussion. . In response to his question about the Wallace Group's review of the bioswale, Ms. Heffernon answered that she had not received comments back yet, but will provide that information once received. She further discussed its location and function requesting the applicant to provide additional technical details. o John Knight, RRM Design Group/applicant's representative, stated this is more of an informational item than a discussion item. It's been a long time since they came before Planning Commission, so they wanted to give Commissioners an update, but don't expect many comments in return. Damien Mavis and Brad Vernon are still involved and one-third owners, but they have brought onboard new partners - Cliff Branch owns a third and Peter Keith owns a third. In addition, they have brought Alan Little of Alan Little Custom Homes on board as the builder for the entire site. He further described the bioswale, new site plan, smaller lot sizes, affordable housing requirement, ag buffer, and emergency access plans. The architectural styles would remain the same. They're hoping for some of the environmental studies to become available soon (which would address the bioswale's adequacy in terms of a 100-year storm). In lieu of the increased ag buffer I distance, they would like to decrease the height of the fence from 8' to the standard 6'. They would still utilize mature landscaping such as coastal ARC DRAFT NOTES ATTACHMENT 3 JULY 11, 2005 PAGE 4 . They had questions about awnings and logos and requested that ,a Planned Sign Program be approved before issuance of a building permit. . Is the keystone accent below the Sesloc logo stucco? . Are the diamond accents on that building tile? . ARC was interested in changing the location of the trash enclosure, discussing keeping it away from the building, next to or consolidated with the existing trash enclosure, or towards the back of the site. As is, it's central to all the buildings and not visible from Grand, but they would like it screened (and would like the transformer screened with landscaping, too.) 0 ARC requested a final landscape plan be presented for their review prior to issuance of a building permit. 0 They also requested calculation shown on plans' for percentage landscaping use in parking area (minimum is 10%). . There should be some sort of screening to mitigate the mini-storage, even if it's just a vine on chain link. Chair Hoag summarized the recommended changes: 1. They would like further review of the awnings, with a larger scale plan. 2. They need to return with a detailed landscape plan. 3. The trash enclosure should be moved to the south side of the existing trash enclosure (and take up that parking space). 4. Increase landscaping around both trash enclosures together. I 5. Move the new transformer across the isle to the other island (and take up one parking space.) 6. The now vacated island should be used for landscaping. 7. ARC agreed with removing four (4) spaces along the shared driveway for better traffic flow. 8. They want to see the landscape strip on the southeast side widened or add climbing vine on a fence to screen the project from ministorage. 9. A trellis with vines would be okay to replace the window on the south , side of the building. Discussion: Instead of moving the transformer, leave it as is and extend the landscaping. While not a formal vote, there was consensus on the above listing. They would like to review the project changes before it goes to Planning Commission. D. PRE-APPLICATION REVIEW 04-009; APPLICANT - Jim Motter; REPRESENTATIVE - Mark London; LOCATION - 1200 East Grand Ave. ("Ladera Plaza") Associate Planner Kelly Heffernon presented the project. A recent lot line reconfigured the parcels into 4.01 acres (residential component) and 1.89 acres (commercial component). This is a mixed use project under one ownership with commercial use in front and residential in back. Residential consists of 81 units ARC DRAFT NOTES JULY11,2005 PAGE 5 (equivalency is 102 units), 3 stories tall, with tandem parking and floating guest parking, some of which are covered. Commercial is 30,000 sf in four separate buildings. The layout has recently been revised. Originally there was pedestrian access on the west side of the property between commercial and residential, but it has been relocated to the center with an open space area including an element such as a water feature. All primary access is from Brisco. The elementary school is located above the sloped up site. The residential area will be on higher elevation than the commercial area. A significant retaining wall will be required : (14' tall). , I I Mark London, applicant, shared the rough grading plan and major issues. They would like to build the commercial part in two phases to facilitate the move of existing commercial service tenants into the new buildings. Unfortunately, CD's pet store would be displaced fora year. A site photo shows the drops between sections are steep and substantial ("Ladera" means ladder/terraced). They plan to start commercial first, as it's the least amount of grading. To retain as much soil onsite as possible, they will excavate one area and backfill another. To comply with the Fire Department's requirement for access to all units, they will have to excavate residential also for a total export of about 14,000 cubic yards. One potential is to move the fill to Spencer's water retention pond. The upstairs area is over-parked due to a concern about tandem parking. There's potential to create some 3-car garages. There are backyards on some units similar to decks. Theoretically all units have ocean views. They intend this to be ownership, workforce housing with an affordable component (12 units at this moment - 15% per Ms. Heffernon). Units will be three-bedroom. The retaining walls are 14' between commercial and residential, and 16' in back (which could possibly decrease to 10' if they break it up). On top of the commercial buildings, they anticipate using photovoltaics to generate electricity during the day and at dusk buy it back at a cheaper rate. ARC had the following comments and questions: Commercial area - . Will they place a 6' fence on top of the 14' retaining wall? Yes, but the commercial building will hide it, so it won't be seen. At the east end, it drops to 10' and the other commercial building somewhat obscures it. a Chair Hoag noted this is a very steep, already altered site, so retaining walls don't bother him. Don't forget to include a variance for them in the approval package. . Do they anticipate retail use on Grand Ave. (at the bottom of the site)? Yes, and service commercial above. The thrift store is out of business, but the pet store could be located there. The retail building would be either 10,000 sf Q[ 5,000 and two 2,500's. There are no confirmed tenants, as CD's may not want to wait around a year to move in. . How will it enhance Grand Avenue? He showed an elevation from Grand. The height from Grand is 112', but to accommodate ADA requirements it's ARC DRAFT NOTES JULY 11, 2005 PAGE 6 125' (total). There's a 12' differential for which they propose to build a dropped display area in front of the building along the Grand Avenue frontage (subfloor area). This will accommodate foot traffic at the pedestrian/ eye level and as they circle around, they'll come up the stairs or up the wheelchair access. There's no direct access from Grand. . Do windows dip below the f100rline on Brisco? Yes. . Does the interior floor drop down? No, it's just an area for display windows (probably 4-5' deep). ! . Are there rollup doors? Yes, but only on the service commercial buildings to assist with their businesses (like a carpet warehouse). They can be converted to glass doors with popouts. . Do some have second floor mezzanines? Yes. . Are they continuous buildings? No. . Are there copper awnings? It may be copper color due to the expense. . Solar is a great idea, but it may become a visual issue for the residents. There's a parapet on the fron; it won't be seen from the street. Also, the reflective light would blind people, so it's sloped to avoid that situation. They could do a lattice setup to block views from the rear. They're looking I at vitamin roof material, so can walk on it for maintenance. . ARC discussed terraced retaining walls and landscaping, but Mr. London stated that all the retaining walls are blocked by commercial buildings. In addition, the retaining wall heights are circled on plans for reference. I . What is the grade at the property line? 130' and 135'. , , . What landscaping is planned? There are designated areas on the I commercial side. They're also restoring an aquifer undemeath the site by dropping rainwater into a cistern below the site (after filtering); when the cistem is full, the water will leech down into the aquifer. They plan to draw from the cistern for commercial landscaping use. Although the residential landscaping isn't detailed, he pointed opportunities (front of each unit, back slope, etc.) 0 Is the retention basin already designed? Yes and engineered. i 0 One of the reasons for shade trees in parking lots is to offset heat gain. Can you pull apart the aquifer to allow for trees in the middle? They would have to ask the engineer. . What is the commercial parking ratio? Parking is actually averaged based on mixed use, which came to 1/800 for warehousing and 1/250 for, residential. . ARC asked about. traffic control issues. There's a PG&E right of way. They also anticipate widening Brisco about 15', so they need to allow a setback for an extra lane. The intersection would then be signalized and timed. The setback is shown in terms of the telephone pole on plans. . It's good the applicant has addressed some of the pedestrian areas, which flow nicely all the way down. . The garbage company may want consolidated trash enclosure areas. Mr. London noted there would be carpet recycling (sloped in anticipation of ARC DRAFT NOTES JULY 11, 2005 PAGE 7 trucks offloading carpeting) and different dumpsters for different operations, so the trash area doesn't become huge. Peachev . He expressed concern about roofs and landscaping. . What is the elevation difference from Grand to the first row of houses? It's about 180'. , I . Is there any way to use some of the roof area to provide more open , space? The only reason for Mixed Use is to allow more density. The i spread out mixed use (as opposed to residential over commercial) is mainly because of commercial noise. The current service commercial businesses use heavy duty trucks in the early momings and they plan to have the same tenants. The retaining walls will help buffer noise from the residential area. . Could they provide live-work environments? It was discussed, but most of the business owners (moving in) already own their homes. i Could they utilize slopes to their advantage instead is fighting them? ADA , . requires design elements where they have to fight the slope in the commercial area, but the residential utilizes slopes. To try to make the driveway no more than 5% grade and consistent with the Fire Department's requirement to be able to drive on sidewalks (for engines to fit going around the loop), he tried eight different footprints and this is the most efficient way to fit everything in. There were more units previously, but they opted for more parking. Scherauist . He expressed concern for the community who has to look at the building, how it adjoins the site, how they're dealing with the change in levels and the sidewalk in relationship to the building. . He doesn't like the style, as it "looks like a castle with crinolations where guns come out". It's forbidding instead of inviting, which he noted was an emotional (not professional) reaction. The colors helped a little bit. . He felt it could be thinned out (not as dense). , Barneich I . She commented that they need a couple more colors (maybe some greens), because it all blends together as is. I . She doesn't care for the commercial buildings at all - they're too generic, boxy and linear. The rooflines are boring and bad. Maybe some staggered setbacks would help. . She would like to see a sample of the copper awnings - they sound good' ("artsy"). . It needs more detail - maybe in tile or brick. Hoaa . How tall are the photovoltaics? It depends on the angle they're engineered at. . He likes the ideas of moving retail to the corner (Grand at Brisco) and the subfloor windows. I ARC DRAFT NOTES JULY 11, 2005 PAGE 8 . The varied parapet treatments on the buildings helps. It creates continuity for each side of the building, since they're separated in the center. There's some differentiation in that they're more rounded next to Grand and more angled up Brisco. He would like to see more variable designs. In regards to Ms. Barneich's comment about service commercial, maybe they could vary bays horizontally, offsetting them some. . Maybe they could add more accent colors on awnings or doors - maybe in brighter, more festive colors. . Copper awnings would be an elegant touch. Will they weather to green? , They could allow them to patina to bring in the green color. I . Could they add color around the windows? No, they're metal not wood. . Please return with landscaping plans that depict species and sizes of plants with the regular project application. . One area he thought was some sort of brick veneer, but it's paint? Yes, they were at one point planning to use concrete tiltups, but to do so would require a "suicide tilt" (dropping back towards crane) and nobody in this area has that experience, so it would be cinder block or other material and they could use brick as an accent or veneer. Residential. Barneich . Are the roofs all the same color, (because varying them would help with the view)? He's not sure. . Is the wall finish smooth plaster? They haven't decided. Smooth is more I expensive and they want to keep the sales price under $600,000, so it will probably be stucco with some stone veneer at the base. 0 She noted the smooth finish looks nicer. Three stories seemed overwhelmingly high with the grade. Scherauist . He suggested subterranean parking would be appropriate. Mr. London replied that would bring in insurance issues, but they're already doing it to some point with the 2-stories over garage basements. . Do some units have backyards at the second level, but all have entrances at grade? Yes. The entire back row plan indicates UY (Upper Yard, as opposed to L Y - lower yard). On the inside, some are L Y and some are UY. In between there may be some green space, (but not trees as th~ would block the ocean view). He did a similar project at 153 North Street in Grover Beach and everyone is invited to see it. 0 Gary Scerquist commented he would like to see reduction in size/scale/massing of buildings and addition of more plazas, patios, and greenspace. . Will the units of the buildings have varied vertical planes? Yes. . ARC (and Tim Brown, Planning Commissioner in the audience) requested I I the applicant return with a hard 3-dimensional model once the project is formally submitted. . A good number of site sections would be appropriate upon return. ARC DRAFT NOTES JULY 11, 2005 PAGE 9 Peachev . He asked about calculation of density units. Ms. Heffernan replied that the I density is based on gross acreage as referenced in the staff report. . Are there density reductions due to the slope? No. . The purpose of a Mixed Use development is to get people out of cars, so they didn't want as much parking. (This sentiment was unanimous amongst ARC members.) Mr. London noted that City Manager Steve ! Adams felt tandem parking wouldn't be used for normal parking, that's why it had so much additional guest parking. I 0 If they want to get people out of their cars, they need to quit making it easy for them to park anywhere and everywhere. The responsibility is on the owners to park tandem. For Mixed Use, guests could park down in the service commercial area. . He struggled with three stories, but since they're buried into the hillside, it I doesn't seem as dense. , . He liked that it's pedestrian oriented. . What about a link to Linda Drive? It wouldn't be good - with a red curb, steep grade and no sidewalk, kids might topple down the slope. . Are there open space calculations? Ms. Heffemon replied there are open space calculation standards for PUD's, but they're not down to that level of detail at this point. In addition, they could count the patios as private open space. . It would help to pull off some garages to articulate the buildings (vary 2 and 3 stories). They had decided not to do that, in order to fulfill guest parking requirements per Steve Adams. oMs. Heffernon added that this is in the RDA area and will hopefully include workforce housing. It's a big project for the City. . There could be photovoltaics on the covered parking as well. . Do dashed lines indicate covered parking? Yes. This will be a cantilevered structure. 0 There's not assigned parking? No. 0 Do guests have as much right to parking as residents? Yes. o Will there be a HOA? Yes, for road and landscape only. o What kind of control will there be over boats and RV's parked in the spaces? They haven't decided on CC&R's yet. . There should be more site amenities (landscaping, picnic areas and greenspace) and less car amenities, so they don't end up like rowhouses. . He suggested each group of units should be the same color (including the garage doors). . Maybe there could be 2-story units on each side and 3 in the middle. He'd like to get the units, but decrease cars. . On articulation, he would like to see a balcony option built into plans. Mr. London expressed concem with leaks and mold (over living spaces). ARC DRAFT NOTES JULY 11, 2005 PAGE 10 0 Gary SCherquist asked if there's a reason spaces have to be covered, because he's "not sure covers are attractive". Steve Adams requested the covers. 0 Mr. Scherquist agreed less cars and more amenities would be good, as there would be many kids living in here and not much room for them to play. Hoae . He suggested varying the color of the roof tile per cluster of units. . ' Is there a target parking ratio to achieve? 3 spaces per unit. (so 81 spaces, plus the 2 inside each garage). 0 Mr. Peachey added that people might park junk cars in the tandem spaces and not be bothered, but if they were left in service commercial, they would get hauled away. . Maybe there should only be 2.5 spaces/unit to allow for a tot lot onsite. . The City gives more consideration to projects in the RDA, but it's important for site amenities to be people oriented over car oriented. However, he I doesn't want parking in front of garages. Mr. Peachey suggested if they parked out in the narrow streets, unhappy residents will police themselves. 0 How deep are the driveways to garage doors? It's either park inside or they can't park. . His preference on architecture would be to add "non-leaky" balconies, and introduce some two-story components. . This project is bold and ambitious. It's a large site and City's first real mixed use project of this scale. ' It's horizontal rather than vertical, but the site is unique due to terracing. The way uses are distributed seems fine. . He doesn't want rowhouses like Daly City. With spacing and more vertical height differences in roofs, that should be counteracted. . He likes different roof colors by group of units (not by individual unit). He likes different colors by units, instead of by groups of units, but that can work as well. The more consistent color scheme through 3- and 4-unit clusters would be ok. . It's interesting to find out why there's so much parking, but tandem is a ground breaking concept. By adding parking covers, it's easier to park outside and use the second space for junk since it's covered. . He would like useable, shared open space in the center if possible, but maybe dispersed tot lots would be acceptable, too. . He complimented the applicant on his vision to tackle a difficult site and use the City's new mixed use emphasis. He would like to see the project succeed and felt it's a question of fine tuning more than a major overhaul. No motion required, as this was a pre-application review only. E. PLANNED SIGN PROGRAM 04-001; APPLICANT - Dr. Anderson; REPRESENTATIVE - Tom Reding; LOCATION - 200-290 Station Way Tom Reding was here, but left. Consensus was to hear this after item G. I , ATTACHMENT 4 NOTES 1 ; \ STAFF ADVISORY COMMITTEE (SAC) SPECIAL MEETING June 2, 2005 9:00 A.M. STAFF ADVISORY COMMITTEE MEMBERS PRESENT: Victor Devens, Public Works; I Larry John Hearst, Building; Terry Fibich, Fire; Rob Strong, Community Development Director; Kelly Heffernon, Associate Planner; Teresa McClish, Associate Planner, Jim , Bergman, Assistant Planner. APPROVAL OF NOTES: None. ORAL COMMUNICATIONS: None PROJECTS: II. A. PRE-APPLICATION CASE NO. 05-004; APPLICANT - MARK LONDON & JIM MOTTER; LOCATION - BRISCO (MADERA PLAZA). Project Planner, Kelly Heffernon. DescriDtion: New commercial spaces. Issues: I Community Development introduction Kelly Heffernon: I , - Back portion of property, along Linda Drive, is the residential component of the I project that was reviewed under a separate pre-application. - This pre-application is for the commercial component, which will include 3 buildings totaling 15,000 sq. ft. . Finished floor would be 11 feet above Grand Ave. - Residential units may be quite tall, possibly 3 stories. Public Works comments: The retaining wall separating the commercial and residential uses will be 16 feet high - what should it be engineered for? Conditions: Public Works: - Needs required frontage improvements. - A maintenance agreement for the maintenance of the on-site storm drain facilities and other common facilities shall be reviewed and approved by the City I Attorney and the Director of Public Works. - All storm water shall be filtered prior to leaving the site. - The applicant shall extend storm drainage improvements from the existing storm drop inlet at the intersection of Brisco Road and Grand Avenue along Brisco Road with a drop inlet just below the lower driveway and a drop inlet directly across Brisco Road. NOTES SAC MEETING PAGE 2 June 2, 2005 - No parking on commercial side for Brisco Road. - The applicant shall overlay Brisco Road from Grand Avenue and Linda Drive. - Curb, gutter, and sidewalk along Brisco frontage. - Loop water system prior to occupancy. - Must pay far share of Ash St. sewer upgrade. Building & Fire: - Disabled access needed from public way bus stop to the project site per building I code. I - Action: May go to Planning Commission for comments. B. TEMPORARY USE PERMIT CASE NO. 05-010; APPLICANT - ST. PATRICK'S CHURCH; LOCATION - 501 FAIROAKS. Project Planner - Jim Bergman. Description: Fund raising event including food, non-alcoholic drinks, raffle and live entertainment i , , Issues: , I Community Development introduction Jim Bergman: - Wanted to get comments from police and fire regarding the project '- Event will be from 12pm to 8pm, expecting 1,000 to 1,500 people, with 80 employees. I Public Works: I - Same conditions as last year. Action: None. C. DCA 05-009; REGULATION OF FORMULA BUSINESS IN THE CITY OF ARROYO GRANDE. Project Planner - Teresa McClish. I I Description: The Planning Commission will consider an Ordinance for regulating formula business in the Village Core Downtown & Mixed-Use districts. I Issues: Community Development introduction Teresa McClish: - This is an amendment to title 16 of the Development Code. - Ordinance would focus on restaurants and retail establishments that are part of a chain or group of 6 or more. - Applies to the Village Core Downtown Zoning District but could extend into the Village Mixed-Use District. - Would not allow formula businesses in these areas. - Could incorporate office use or visitor serving accommodations but Ordinance would be more focused on commercial/retail establishments. NOTES SAC MEETING June 30, 2005 ATTACHMENT 5 Building & Fire: - Building Code doesn't have sound attenuation rules for single family dwellings - Asks that house be sprinkle red - Will need a permit for an 8 ft high wall I I - Action: Will go to Planning Commission B. PLANNED SIGN PROGRAM CASE NO. 04-001; APPLICANT - DR. ANDERSON; LOCATION - 200 - 290 STATION WAY. Project Planner - Jim Bergman. Description: Planned Sign Program for the Village Creek Promenade Issues: Community Development - introduction by Jim Bergman: - Includes four buildings, doesn't include Miner's Ace Hardware I - The code provides a visual representation of acceptable sign locations - Does allow for small monument signs within the complex Community Development: I - Program may want to designate a period (60-90 days) for removal of any preexisting illegal signs (applicant would be notified first) I Building & Fire I - Building permits may be required for certain signs Action: Will go to the ARC on July 11th, then Planning Commission I , C. PRE-APPLICATION REVIEW CASE NO. 04-009; APPLICANT - JIM MOTTER; I LOCATION - 143 BRISCO ROAD. Project Planner - Kelly Heffernon. Description: Preview of a mixed-use development with residential, commercial and retail components. Issues: Community Development - introduction by Kelly Heffernon: - Applicant is combining commercial and residential components (Phases I and II) - Still has tandem and guest parking I - Pedestrian access has moved to the center of the project i I - There are four commercial buildings and increased square footage , I Applicant - Each lot will slightly differ in elevation, units will project inward and outward, and vary in color (all townhomes for residential component) I NOTES SAC MEETING PAGE 3 June 30, 2005 - Not sure if there will be a concrete tilt up, may go with cinder block - All water retention will be done onsite - Footprint was done to increase density, 15% afford ability - Plan on installing two fire hydrants and traffic signal - Would like to avoid construction of sidewalk on Linda Dr. . Currently have a parking ratio of three spaces per unit Community Development - Undergrounding could be a big issue for this project - Applicant should show profile of retaining walls to display building alignment - If wall is greater than 8 feet, it will need Planning Commission approval (Variance) , - Height of walls should be highlighted for Planning Commission - A model of project would be helpful - Tandem parking will also likely be an issue with Planning Commission Building & Fire i - Disabled access may be an issue with stairway going from commercial to residential I - Needs sprinklers; high pile storage permit, and smoke/heat venting Public Works - Curb, gutter, and sidewalk j - Several intersections would be impacted by the project - Need center turn lane and overlay on Brisco - With three travel lanes, street parking would be eliminated - Needs an 8 inch water line - Connect intemalloop to Grand Action: Will go to ARC on July 11th and Planning Commission on July 19th I I I I i i i A TT ACHMENT 6 ~ I do ::> \ u ". :~p p, ., .. :.1' , , ~E:;H! i~ = ~iil !~ . ~;I ,.. ~ ~Il . w ~ . 4 ;fl .. : " . 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'1 r_ ,I . 0 .~ - ~l · aiD )) {'] I U I I I j ill ~!':i,!1 I;; I;,,! ~ .:; . ! ,., ~ '~Il ~' I :::> '" !&~ll~~ ~ 0 . ~ ~8 ~ ~ l@6 ~ ~p:l~ ~ ~ ~~ I ~ . ~~ i ~ f' ~ 0 ~ 0 ;;if:; I ~ Cl~ ~ ~ ~t5 -< I ~t; ,o~ I ~ 1 r_1 ~ ~ ~aID_~~ I ~ ~ , hi Ht ! 1:< ! I I 1= I I. ' !5 !~ h i i '" h ~~ H ~ ! ~ ~ ~ z ~ I ill . a! IJ ~ ~ UJ 'l ~ L li! iE I I I I 11.b. I , ! , , MEMORANDUM , TO: CITY COUNCIL , , ,ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~ , I FROM: BY: ~/#}<ELLY HEFFERNON, ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF PRE-APPLICATION CASE NO. 05-007 FOR A MIXED-USE DEVELOPMENT; APPLICANT - JASON BLANKENSHIP I CATHOLIC HEALTHCARE WEST (C.H.W.); LOCATION - FAIR OAKS (VACANT PROPERTY ADJACENT TO AND EAST OF ARROYO GRANDE HOSPITAL) DATE: AUGUST 23, 2005 RECOMMENDATION: Staff recommends the City Council review the project plans and provide suggestions and comments to the applicant. LOCATION MAP: //'/"/ \ " ' \ " /' \ / /:>, // ---;!- I i I / / r /,-:/, ~>'< ,~ , ~ , , j " I 1.', , I ." .._~ 0 CITY COUNCIL PRE 05-007 AUGUST 23, 2005 PAGE 2 i DISCUSSION: The project site is 5,5 acres in size and is currently vacant. Surrounding the property is single-family residential development to the north, Arroyo Grande Creek to the east, single-family residential development to the south, and Arroyo Grande Hospital to the west. The City maintains a pedestrian trail with exercise stations along the east side of the property adjacent to Arroyo Grande Creek, The site is slightly sloping towards the creek and contains numerous Eucalyptus and California Walnut trees, as well as a few Coast Live Oaks. The property is subject to the Office Mixed Use (OMU) development standards and to Design Overlay 0-0-2.20. The overlay requires the following: Use Requlations: Mixed-use development with 75% office use compatible with Hospital Facilities Plan. All other uses as specified in underlying zoning district (OMU). Site Development Criteria: 1. As specified in the underlying zoning district, (OMU). Three-story building components allowed only with substantial transitional space and/or lower story elements adjacent to residential districts or uses. Future hospital redevelopment shall include public transportation improvements (reference development approval CUP 02-006, Planning Commission resolutions 02-1839 and 02- 1841). 2. Building size may exceed maximum standard of 50,000 square feet specified in underlying zoning district (OMU). Performance Standards: Section 16.48,065 Mixed Use developments. Section 16.48,120 Performance Standards, Desiqn Guidelines: None, Additional Information: These parcels were zoned with a "0" overlay at the time of the 2004 Development Code Update to clarify development. standards that pertain to the subject parcels. A Hospital Facilities Plan must be completed and submitted to the Community Development Department prior to any use permit approval within the OMU-D-2.20 Overlay CITY COUNCIL PRE 05-007 AUGUST 23, 2005 I PAGE 3 I Proiect Description: Proposed is a phased, mixed-use development consisting of residential and medical office uses. Phase I would involve construction of thirty (30) town homes in a Planned Unit Development configuration, and Phase II would entail construction of roughly 120,000 square feet of medical office space, possibly including expansion of the Arroyo Grande Community Hospital. The residential units are clustered in groups of two and three, are typically 1,400 square feet in size, two-stories, and have a blended "Mediterranean and Western" architectural style. Most of these units are 3-bedrooms with 2 Y, baths. Woodland Drive to the north is proposed as an emergency access only, and ample guest parking is provided throughout Phase I. The units would be sold separately, and subject to the inclusionary housing requirements of the City's Housing Element (15% moderate income, 10% low income, 6% very-low income, or an equivalent combination). The proposed density (11 dwelling units per acre) is allowable per the Office Mixed Use (OMU) district. The medical office component is designed with a compatible architectural style to the residential units, and consists of four (4), two-story structures with one and two-level subterranean parking, Although Catholic Healthcare West (C,H.W.) has not yet determined the community's future medical office needs, the corporation has approved the conceptual layout (included as Attachment 1) to serve as the "Hospital Facilities Plan", Phasing the project will allow C.H,W, to return at a later date to revise Phase II of the Hospital Facilities Plan once these long-term facility and support needs are better defined, The initial submittal reviewed by the Planning Commission on August 2, 2005 was designed with an equal distribution of residential and medical office uses (29 residential units and 38,000 square feet of office space). Based on Commissioner comments and as requested by C.H.W., the project was revised to adhere to the OMU-D-2.20 Overlay requirement of restricting 75% of the development to office use compatible with the Hospital Facilities Plan. This ratio is derived from using the proposed square footage (120,000 square feet of medical office floor area and 40,000 square feet of residential space), On a gross land area basis, the project remains evenly divided between the two uses (2.77 acres for each use). The OMU-D-2.20 Overlay does not specify how the 75:25 ratio is to be calculated. I Principal environmental constraints on the property include proximity to the creek and agricultural land, and potential existence of archaeological resources. Proposed development is outside of the twenty-five foot (25') wide creek setback and one hundred foot (100') wide Ag. buffer. Archaeological testing was conducted on the site in 1990 when Arroyo Grande Community Hospital owned the property (see Attachment 2), and i the applicant has agreed to update the report or have a peer review conducted. I I I CITY COUNCIL PRE 05-007 AUGUST 23, 2005 PAGE 4 Applications required as part of the formal project submittal include a Planned Unit Development (PUD) and Tentative Tract Map (TTM). If it is determined that the proposed ratio between the two uses does not comply with the OMU-D-2.20 use regulations, a Development Code Amendment (DCA) will also be required. Planninq Commission The Planning Commission reviewed and commented on this project on August 2, 2005 (see Attachment 3 for meeting minutes). Issues discussed included traffic generation, circulation design (access through Woodland Drive), bus turnout, allocation of uses and interpretation of the OMU-D-2.20 Overlay, impacts to archaeological resources, tree protection and removal, and agricultural buffer. Architectural Review Committee The ARC discussed this Pre-Application on August 1, 2005 (see Attachment 4), Comments and recommendations included tree impacts, riparian vegetation enhancement, parking lot lighting, transition of project to residential development to the north, alignment of Woodland Drive, and building height. Staff Advisorv Committee The Staff Advisory Committee (SAC) reviewed the proposed project on July 21, 2005 (see Attachment 5 for meeting notes), Issues discussed included definition of a "Hospital Facilities Plan", ratio of uses, tree removal, potential requirement for a bus turnout and possible location, traffic study requirement, driveway alignment with Woodland Drive, water and sewer improvements, street improvements, overall issue of water availability for the City, archaeological impacts and mitigation, and new state law impacting the percentage of units requiring disabled ac;cess, Attachments: 1. Project Plans 2. Archaeological Testing Report prepared by CA Singer & Associates, dated April 30,1990 3. Planning Commission Meeting Minutes of August 2, 2005 4, ARC Meeting Notes of August 1, 2005 5. SAC Meeting Notes of July 21,2005 , S:ICOMMUNITY _DEVELOPMENTlPROJECTSIPREI05-007 Fair OakslCC staff rptdoc I I --- --- - , -.-. ~.- - . ___h - "--- .. .. ,", r I n \ . """'''' ....0 "..., . ' ,L ..... ATTACHMENT 1 : ",1 ~ , , ~ ~. ~ '~,,~, ~ ' ::-... - \ ~~, :I~' -:"1' : UJz 'oJ " \ OUJ ," -"', 0 z;;; ~' ," H~.t. .." ~ ~ ~! ~< tc!~ ~ p ~ ' ,.....-, JL - - 60 t~~l}i! w, ~~ \i1~M~~r ~ o~, '~ftd~lin C::: je:;;; " I Ii :" -0 'I !\:jl, ... J U U i'i 'j . , ....~ --,'~'~ I ~ > "" 1 ~ I -< II ~ ! ~ ... , . '< Jl... ~ ?^.'of a tl \ ~ \ . .. ~ -t ... ~ "" .... ~ g u .------- 'I " , . . ~ " . i 0: II lit: :: ~~!J ! :11 ! u: ; ',' " I :' , < . . ; , 0 ..; III o! '.J :: ~ ~ ... ,-:tt i .. -"' ... -t ,.. 't: 0 -.., 0 D , " \ -><C ' <.) I ,r ,.. c "'~ . 0';:: ~ 2UJ ;s: "" <!;it ~ (!)O __ ~ -.I I.Li 0 ", 0:.0 :>:u... 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' !=! -~--->- if 1 ii ( '( ( \ -,' r__." ) \ - " ' , IW U' ,'. / } ATTACHMENT 2 .- .' f ( , / I , . " ARCHAEOLOGICAL TEsrING FOR THE EASTWARD EXPANSION OF ,THE ARROYO GRANDE COMMUNITY HOSPITAL, SAN LUIS OBISPO COUNTY, CALIFORNIA April 80, 1990 Prepared for: Prepared by: Robert D. Horan Clay A. Singer and John E. Atwood National Director C. A. Singer & Associates, Inc. Real Estate and Development 726 Copeland Court AMI, Inc. Santa Monica, CA 90405 414 North Camden Drive (213) 392-4723 Beverly Hills, CA 90210 (805) 295-8326 (213) 278-6200 .... .~.... TABLE OF CONTENTS ABSTRACT ... ........... ... ... ... .... .......... ....... ............................... ....... I I..i 1. INTRODUCTION....................... ...................................................1 A. Purpose of the Test...............................................................1 B. Proposed Project... ........ ..... ............... .... ... ... ..... .... .... .... .... .....1 C. Techniques and Findings......................................................2 D. Analysis and Recommendations............................................3 II. ARCHAEOLOGICAL BACKGROUND...........................................4 A. Regional prehistory..... ........................ ................ ...... .;.........4 B. Site CA-SLO-393 ........ ................................ ............................6 III. METHODS AND TECHNIQUES ...................................................9 A. Archival Data............... ................. ...... ......... ..... ..... ...... ........9 B. Surface Samples ..................................................................10 C. Backhoe Trenches................................. ........ ........ ...... .........10 D. Soil Profiles ............................................... ..........................10 IV. DATA SYNTHESIS AND CONCLUSIONS...;.........;.......................12 A. Prehistoric Materials ................................................... ........12 B. Historic Materials and Features ............................................13 C. Chronology...........................................................:..............13 D. Existing Conditions ...... ..... ............................................. ......14 E. Potential Impacts.......................................... .... ... ........ ........15 V. RECOMMENDATIONS......... ................ ........................................15 A. Archaeological Monitoring ......... .......................... ........ ........15 B. Native American Consultation ..............................................15 C. Summary Reports................... ....... ............... .......... ....... ......15 VI. REFERENCES CITED............ ......... ... ............ .......... .... ........ ........16 ATTACHMENTS Map 1. A portion of the U.S.G.S. Oceano, Calif. 7.5' Quadrangle showing the location of the area tested for buried cultural resources (shaded), the southern margin of site CA- , SLO-393.. ......... ..... ............ ........ .................... ..:........................19 Map 2. Contour map showing the location of the ten test trenches. ........ .......... ........ .......... .............................................a:J Figure 1. Test trench profiles and description of soils (4 pages)......21 Catalog of Specimens (1 page)....................................... ........... ..25 , " . .ABSTRACl'. Part of an abandoned fruit orchard, and farm on the east side of the Arroyo Grande Community Hospital was tested to' determine whether intact subsurface archaeological deposits existed in the area. The property, scheduled for redevelopment as part of the hospital expansion project, is situated' at, the southern edge of CA-SLO-393, a prehistoric habitation site. Surface reconnaissance of the project area had previously revealed weathered shellfish fragments, stone flakes, assorted recent historic refuse, and concrete building foundations. Subsurface testing was conducted to determine if buried deposits or features were also present. Stratigraphic data from ten trenches showed a variety of disturbed/mixed, redeposited, and undisturbed sandy soils. Displaced midden was found near the surface in two trenches at the northern edge of the property. This midden contained fragmented shells, burnt rocks, chert flakes, and a human cranial fragment. Both surficial and excavated samples indicate that most of the refuse and other features date from around 1940, and thereafter. Soil stratigraphy indicates that in situ deposits of buried midden, or prehistoric features, are not likely to exist beneatl1 the present surface. Prior to 1979 the farm and the orchard were abandoned and the buildings were leveled. Some shellfish is probably historic refuse, however, most of the shell and all the stone artifacts recovered are prehistoric materials from the adjacent archaeological deposit. Midden found at the top of trench T5 is deposited, probably the result of grading done when homes were built on the site around 1980. Isolated features, including human burials and mortuary areas, could still exist in the area of proposed construction. Additional archaeological investigations are not recommended at this time. However, on-site archaeological monitoring is recommended when the orchard trees are uprooted and when construction grading and excavation are undertaken. ci- L INTRODUCTION A. PUl'pose oftbe Test Following a request from Mr. Horan of AMI, Beverly Hills, an archaeological investigation was conducted for a property near a prehistoric site in the City of Arroyo Grande, San Luis Obispo County, California. The archaeological site, CA-SLO-393, is situated near Arroyo Grande Creek, close to the Arroyo Grande Community Hospital. Part of the site, which covered several acres, was located on (or very close to) a small farm which was immediately east of the present hospital. Some years ago, the farm was abandoned and the hospital now plans to expand eastward onto the former farmland. A previous examination of the expansion area (Singer and Atwood 1989) revealed a small amount of archaeological materials on the surface of the property, and, as a consequence of that examination the City of Arroyo Grande requested that an assessment be conducted to determine the source and significance of these materials. The archaeological consulting firm of C.A. Singer & Associates, Inc., in conjunction with T.N.T. Chumash Cultur~ Resource Consultants, conducted a series of surface and subsurface tests to evaluate the situation and assess the potential impacts from the proposed construction project. This report presents the results of these investigations and offers recommendations regarding the mitigation of potential impacts to cultural resources which may be located within the proposed expansion area. B. PropcsedProject A reconnaissance surveys completed in 1989 located a small quantity of historic and prehistoric archaeological materials in the abandoned farm and orchard just east of the existing hospital. The hospital wishes to expand into the area, but the nature and dimensions of the proposed expansion are unknown. Map 1 shows the location of the area under ,investigation. An archaeological site, identified as CA-SLO-393, is situated immediately north of the subject area. Major alterations have occurred at different times and large portions of the archaeological site have been damaged and dispersed. Parts of the deposit have already been graded -1. away and redeposited onto the a<ljacent areas. Construction plans were not available at the time of this test. Part of the area may be used for new hospital buildings. or it may become a parking lot. c. Techniques andFlnillngliZ In 1988, a subsurface test was conducted for an area immediately north of the hospital (Singer and Atwood 1988). This test was designed to answer' a set of questions regarding the nature and significance of the archaeological remains. The questions were: 1. How extensive are the archaeological deposits within the proposed expansion area? 2. Do the remains in the subject area represent intact or redeposited materials? 3. What kinds of materials are present and how old are they? 4. How do the recovered samples compare with 'other materials from the site? 5. Is there an archaeological deposit sufficiently intact to , warrant further action, or has it been damaged .to the point where it has lost it's scientific value and/or integrity? 6. Will the proposed development (Le. the hospital expansion) have a significant affect on the archaeological resources located on or near the project area, as defined by the California Environmental Quality Act of 1970, as amended (CEQA)? 7. If so, what alternatives are available which will serve to mitigate the projected impact and lessen the adverse affect on the environment? -2- These same questions were addressed with regard to the area located east of the present hospital. Surface observations, mechanically excavated trenches, and sample collections Were utilized to evaluate the project area and assess impacts. Field studies were carried out on March 26th and 27th, 1990, by Clay A. Singer, assisted by Jamie Karl and Wendy Janssen. At that time, a complete resurvey of the area was, conducted and then a series of ten backhoe trenches were excavated. A surface collection was made consisting of shellfish fragments, burnt rock, ceramic and glass sherds; additional materials were collected from three trenches. The excavated trenches revealed a mixed stratigraphic picture. Most of the trench profiles revealed a thin cap ofloose gray sand overlying a compact dark brown or yellowish sand, or mixture of the latter. In two instances, trenches T5 and T6, redeposited midden was fOWld, and a historic trash pit appeared in trench T10. No intact midden deposits or prehistoric features of any kind were fOWld. The test trenches provided sufficient stratigraphic data to indicate that extensive prehistoric deposits are not likely to exist within the proposed expansion area. However, based on experiences at two nearby sites, CA-SLO-406 and CA-SL0-408, there is a real possibility that intact deeply buried and isolated remains, such as ovens, caches, or a mortuary area, could still exist somewhere within the project area. D. ADalysis and Recommendations The test trenches and the surface collection yielded a small but varied inventory of prehistoric and historic materials (see attached Catalog of Specimens). Seventy fragments of marine shellfish, representing at least nine different species, were found and collected, most coming from a single I level in trench T5. Nearly all of the shell is weathered white, some is I chalky and eroded, but a few pieces are relatively fresh; the majority seems' to be prehistoric. Four different sherds of historic glass and two of glazed ceramic were retrieved. Other materials included five burnt pieces of rock, a flake scraper, four Wlutilized flakes of Monterey chert, and a human skull fragment (also from Trench T5). Since no intact archaeological deposits were encountered, and the probability of such deposits is quite low, the conclusion is therefore drawn -3- that the hospital expansion project is not likely to have any direct impact on archaeological resources. However, there does exist a small possibility that i~olated artifacts, human burials, or features ilf some kind could exist beneath the present surface, and that such resources could be affected by excavations which are necessary for the hospital expansion. Consequently, on-site archaeological monitoring is recommended as an appropriate mitigative measure to cover this possibility. Long-term and indirect impacts which might accompany the hospital expansion cannot be adequately assessed. No'indirect affects are expected to result from the operation of the hospital and no information is available on long-term impacts to the regional data base. D. ARCHAEOLOGICAL BACKGROUND , A. Regional prehistory According to Moratto (1984:115-165), the Arroyo Grande Creek watershed falls within the Southern Coast Region of California archaeology. The prehistoric remains which have been found in the area conform closely to those from the neighboring Santa Barbara channel subregion, and the chronological sequence is thought to be the same as well. At the present time, there are four basic sources of information on the archaeology of the Arroyo Grande area. One is a general ,overview of the region (Heizer 1978), another is a detailed report on several sites at Diablo Canyon (Greenwood 1972), the third is a survey report (Wallace 1962), and the last a report on a nearby mortuary site (Tainter 1971). In addition, more than a dozen unpublished survey reports and several test reports exist for various sites in the area. Reports prepared by Wallace (1962), and Wallace and Taylor (1959), provide the only substantive body of data on the nature and distribution of prehistoric sites along Arro)'o Grande Creek and its major tributary Los Berros Creek. Out of69 sites recorded by the survey teams, 61 were classified as "camps or villages", six were designated "quarries or workshops", and two as "bedrock mortars without camp debris". A few of 4- 1 , the "camps or villages" appear to date from the Early Period, but most seem to be Middle Period habitation deposits marked by substantial shell middens, However, these data are skewed in favor oflarger sites, With regard to the sampling strategy, Wallace was careful to mention that smaller sites "marked by scattered shells, fire-fractures stone and charcoal, apparently served as temporary camps, occupied for a few days at most. These were not recorded." (ibid:28). Surface collections were made and excavated samples were recovered from seven "dwelling places". These seven excavated deposits ranged in depth from 12 to 54 inches (30 to 135cm). Human burials were unearthed attwo localities and a variety of stone, bone, and shell artifacts were collected from different sites. One of the 69 localities recorded was CA-SLO-393, In June of 1970, a prehistoric mortuary was exposed and excavated at one of the nearby sites reported by Wallace (AGW-13), now called the Fowler Site, or CA-SLO.406. The mortuary, which was not ~thin the midden area of the site, contained the remains of more than 40 people and included many unusual artifacts in direct association with the burials. Tainter (1971) interpreted the mortuary remains as representing a stratified social system operating among the Chumash who inhabited the region between 1500 and 2500 years ago. A single radiocarbon date of 1460Z60 years was obtained from bone (Breschini, Haversat and Erlandson 1984:27), thus supporting Tainter's chronological placement of the site. A few radiocarbon dates have come from other sites in the vicinity (e.g. site CA-SLO-402 on neighboring Los Berros Creek yielded a date of 380:1:100 years from mixed shellfish). But, the validity of isolated radiocarbon dates, particularly when obtained from shellfish, remains open to question. In October of 1989, a mortuary area was discovered near another of the small middens recorded in 1958, this time at CA-SLO-408 (formerly AGW 15). Partially exposed during a construction project, the find was immediately documented and the remains were quickly reinterred. A report was prepared which presents the results of the osteological and materials analyses (Singer, Lambert, aJid Atwood 1990). The remains were -5- - ,- - interpreted as part of the mortuary population of a small village, probably contemporaneous with the Fowler Site a short distance away. D. Site CA.SL0-893 Situated high on the west bank of Arroyo Grande Creek, site CA-SLO- 393 is about midway between the Fowler Site, CA-SL0-406, and CA-SLO-408 on Grand Avenue. Since 1958, there have been at least seven archaeological investigations undertaken at or near site CA-SLO-393. Of these, four can be classed as surface surveys and three as subsurface tests, or limited excavations. In spite of this apparent concentration of work, very little specific information is available on the deposits or their contents. The first and most extensive study was the recording and sampling of the site in 1958 by a team under the supervision of the late Roger Desautels. This work, including the exposure of a high status child burial, was reported in a 1958 manuscript and later published (Wallace 1962). In addition to the burial and associated materials, Wallace (ibid:Table 1) reports that a wide variety, of artifacts were collected from the site, then designated AGW-l. The inventory reported, as well as the materials found with the burial (ibid:41 and Fig.1), strongly suggest a Middle Period occupation site, according to the King (1982) chronology. According to Larson (1988:8), bedrock mortars were reported from this site and it's overall dimensions were estimated to cover more than 100 acres. This is quite difficult to believe and does not conform with {lther information; Larson may have misread the records. The site record form for CA-SLO-393 describes the site as measuring 400 yards north/south by 300 yards east/west, with a depth of about 5 feet. In the late 1970s, when construction was planned and carried out in the site area, the City of Arroyo Grande was informed of potential adverse impacts to the resources. According to Mr. Robert O. Gibson, Archaeological Consultant (personal communication 1985), the site area was visited by local Chumash representatives and by himself. He interviewed Mr. Conrad Grieb at his home on the Grieb Farm and was told about the site and about a burial recently encountered nearby, in front of a new home at 251 Alpine Drive, during installation of a mailbox post. By this time, a large portion of the site had already been destroyed without any -6- mitigative action, and both Mr. Gibson and representatives of the Northern Chumash Council pleaded, unsuccessfully, for recognition and preservation of the site's resources. The next study of the site was requested by~. Stanley Eisner, formerly the Planning Director for the City of Arroyo Grande, in a letter dated March 20, 1985. In response to this letter, an archival search was prepared by the regional office of the California Archaeological Site Survey, Department of Anthropology, University of California, Santa Barbara, and a surface reconnaissance was carried out by Clay A. Singer (Singer 1985a). , After interviewing Mr. Conrad Grieb, and learning that much of the site had already disappeared, Singer identified and plotted the midden deposits at the east end of the (then) Grieb property. On the Grieb Farm, west of Alpine Street, the visible midden, consisting of dark, nearly black sands containing marine shellfish and assorted stones, covered an area approximately 325 feet north/south, by 100 feet east/west. Singer surveyed the entire Grieb Farm, including the area now designated as the hospital expansion area, but found no archaeological materials or deposits more than 100 feet west of Alpine Street. Along the west side of Alpine Street the site deposits were exposed in a vertical cut more than four feet deep, however, these deposits could not be seen at the surface along the south side of the street in the vicinity of the reported burial at 251 Alpine. The site was identified as a significant cultural and scientific resource and further testing and evaluation were recommended. Several months later, a second report was submitted to Mr. Eisner which gave further details on the archaeological site, and also presented a scope-of-work and research design for systematic testing of the deposits on the Grieb Farm (Singer 1985b). Another survey of the property was conducted by Robert O. Gibson in 1987, this time on behalf of General Engineering Company of San Luis Obispo. By this time the property had become known as the Jorgensen parcel., Gibson roughly mapped the extent of the archaeological deposits and found that "within the past month, the Grieb house, barn, garage, and several sheds were removed, as well as trees and other vegetation. Surface visibility was excellent, although grading has apparently moved some soil . from the eastern area towards the west as much as 100 to 200 feet. -7- , Prehistoric cultural materials were noted along the eastern 113 of the parcel adjacent to South Alpine Street (See Map 3)" (Gibson 1987:4). Gibson also provided additional evidence that portions of the site still lie buried beneath the streets and houses which replaced much of the CA-SLO-393 site area. He'notes, "The site originally extended east towards Arroyo Grande Creek with one of the last vestiges of it currently being destroyed at 590 Cerro Vista Lane, about 150 [feet] east of the Jorgensen parcel. The last remaining part of the site along South Alpine Street, occupies the highest terrace overlooking the creek" (ibid:5). Gibson also presented a scope-of-work and recommended systematic testing and development of a mitigation program for the site in conjunction with a proposed development plan. He pointed out the potential significance of the site as well as the need to comply with the State law (CEQA), and the City of Arroyo Grande Land Use Ordinance. ' / During November, 1987, William B. Sawyer, conducted an intensive surface survey and subsurface tests of the Jorgensen parcel. Sawyer, with the assistance of Chumash Consultants, excavated a series of 21 auger holes on and adjacent to the site, and one test unit in the deepest part of the midden near Alpine Street. The results of his work were reported in a 1988 manuscript (Sawyer n.d.) which contains additional details about the site and it's contents. Along with providing an inventory of items recovered, Sawyer (n.d. :14) states that at least 16 human burials have been unearthed from this site. Furthermore, his stratigraphic testing verified the 1985 boundaries of the site and he presumably submitted shell samples from his test unit for radiocarbon dating (ibid:12). While Sawyer's report presents some important new information, and fully documents the work he did, his analyses of the test data are neither comprehensive nor thorough by contemporary standards. Sawyer's 1987 artifact and ecofact samples once again reinforced the notion that CA-SLO-393 is an important cultural resource. He does not hesitate in his evaluation of the site, offering the following assessment. "Because of the status of CA-SLO-393 as a major prehistoric habitation site, because the sixteen burials already uncovered here make it the fourth -8- largest in situ Native American cemetery in San Luis Obispo County, and because a large proportion (90%) of the site has already been destroyed by recent development, it is essential that the remaining intact, in place midden be preserved and protected for both the scientific and ideological values. It is most definitely irreplaceable." (ibid:15t). In conclusion, Sawyer recommended that the intact deposite be preserved and protected by capping the site and creating a small park area. He also recommends that any ground disturbance be monitored by an archaeological team which , includes Native American (Chumash) representatives. Finally, in February, 1988, Daniel O. Larson prepared a literature review andrecords search, and then conducted a preliminary survey of the hospital expansion area, obviously without the benefit of Sawyer's report (Larson 1988). After examining reports on file at U.C.S.B., Larson resurveyed the area and found small quantities of archaeological materials and discolored soils. He was unable to satisfactorily expiain the deposits and offered three explanatory hypotheses (ibid:13). He recommended that the area be disced to increase surface visibility and that subsurface investigations be undertaken to delineate and define the deposits. A test was conducted and the results reported by Singer and Atwood (1988). Using a series of backhoe trenches, as well as data from existing reports, Singer and Atwood (1988) demonstrated that the materials seen by Larson (1988) were redeposited and not in situ, and that the CA-SLO-393 midden deposit did not extend into the tested area. m METHODS AND TECHNIQUES A. Archival Data A thorough review of archival data failed to reveal any archaeological information on the subject area.' Other than a casual glance at the property during a previous survey (Singer 1985), no specific reference to the area was found. The sketch map which accompanied the original site record form (dated 6/12/58) shows the path taken by the survey team and the locations of sites AGW-1 (CA-SLO-393) and AGW-14 (CA-SLO-~07). It also shows the -9- ., property lines and gives the names of the property owners. The subject property, sandwiched between the farms of two of the Grieb brothers, Fred and George, appears to have been owned by a Mr. Sevier. Two entries on the 1958 record form (#5 and #8) imply that part of CA-SLO-393 was located on the Sevier property, but this is not substantiated (cf. Wallace 1962, Wallace and Taylor 1959). B. Surface Samples No materials were collected during the 1989 survey. The survey , report described a light concentration of shellfish in the vicinity of the concrete foundations, and a single flake of black/tan Monterey chert, both in the northwestern comer of the property (Singer and Atwood 1989:7). As part of the present investigation, a small number of diagnostic items were collected from the surface (see Catalog of Specimens). C. Bt>l'khoe 1'renl'h- In order to determine if archaeological deposits existed beneath the present surface a series of backhoe trenches was excavated. Beginning in the northwest comer, a row of seven trenches was spaced at 10 meter intervals along the northern boundary, adjacent to existing homes along Cerro Vista Circle. Three more trenches, at 20 meter intervals, were located 10 meters further south (see Map 2). Locational ,coordinates were calculated by measuring the distance from the eastern edge of the existing parking lot, and from the rear fences of the homes on Cerro Vista Circle. Each trench was at least 0.70m wide, 2.0m deep, and 3.Om long. The first seven trenches (T1 through T7) were oriented with their long axes north- south, and the last three (T8 through T10) were oriented east-west. Trench excavation was monitored by two observers. Cultural materials were noted and collected whenever they appeared, however, only three trenches yielded items (see Appendix A). D. Soil Profiles -10- i , , . Stratigraphic information was recorded and generalized profiles were reconstructed. The profiles of all ten trenches are reproduced in Figure 1. A description of the deposits in each trench is given below. Trench T1 (10m east, 3m south) 0-60em loose dark grayish sand with roots 6O-200em ' compact yellowish sand Trench T2 (20m east, 3m south) 0-60em loose dark grayish sand with roots , 6O-200em compact yellowish sand 200cm+ lenses of compact yellowish and brown silty sands Trench T3 (30m east, 3m south) just south of the SW comer of the first house/yard. 0-30em loose dark grayish sand with roots 30cm buried section of 314" galvanized steel pipe 30-200em patches of compact yellowish and brown silty sands (mixed) Trench T4 (4001 east, 3m south) 0-20em loose dark brown sand with a few shell fragments 20-250em marbled lenses of compact yellowish and brown silty sands (mixed) Trench T5 (50m east, 3m south) , 0-60cm loose dark brown sand with shell fragments, flakes, burnt rocks, etc. 60-130em lenses of compact yellowish and brown silty sands (mixed) 130-250em compact dark brown sand Trench T6 (6001 east, 3m south) 0-80em loose dark brown sand with a few shell fragments 80-230em marbled, compact yellowish and brown silty sands (mixed) , Trench T7 (7001 east, 3m south) just south of the terminus of Woodland Drive. 0-140em compact brown silty sand 140-20Ocm compact yellowish-orange sand Trench T8 (20m east, 13m south) 0-180em compact brown silty sand lSO-250em compact yellowish sand -11- Trench T9 (40m east, 13m south) O-130cm compact brown silty sand 130-20Ocm compact yellowish sand Trench T10 (60m east, 13m south) 0-50cm loose grayish sands with historic trash and ash 50-200cm loose to compact brown silty sand 200cm+ compact yellowish sand IV. DATA SYNTHESIS AND CONCLUSIONS A. Prehistoric Materials Four types of prehistoric materials were recovered: (1) marine shellfish, (2) artifacts of Monterey chert, (3) burnt stones, and (4) human bone. Shellfish fragments and other specimens were collected ftom,the surface and also from trenches T5 and T6. No attempt was made to collect all shellfish fragments, rather, an attempt was made to collect examples of all species present on the surface. On the other hand, the samples from the trenches were collected in quantities that reflected their relative proportions in the deposit. Thus, a sample of 65 pieces was retrieved representing 10 or more species. The following species were identified; Haliotis c., Tivela s., Macoma spp., Protothaca spp., Ostrea 1., Tresus n., Saxidomus n" Tagelus c., Trachycardium q., and unidentified small clams. An unknown proportion of the shellfish from the surface (principally large Tivela s; and Haliotis c.), is possibly historic material. All of the shellfish, whether prehistoric or historic, was probably collected as food. Five pieces of burnt rock were recovered. Fragments of thermally altered pebbles or cobbles of Monterey chert, diabase, andesite, course grained and fine grained sandstone were collected from the surface and from trenches T5 and T6. They are thought to be pieces of stones used for cooking and heating. -12- Four flakes were recovered from trenches T5 and T6, and one re~uched flake scraper was found on the surface near trench T7. All five pieces are Monterey cherts of different types, and all are tertiary flakes or fragments (one is burnt). One piece of human bone was found in the displaced midden in trench T5 (O-60cm). The small'brown piece was an adult temporal fragment measuring about 2.3mm by 2.8m.m. No other bones of any kind were seen and the piece had no freshly broken edges. B. Historic Materials and Features Recent refuse and modem historic materials were found on the surface but only a few diagnostic examples were collected. The surface yielded three glass sherds (clear window pane, a deep blue bottle, and a milk white Mason jar lid), and two fragments of glazed dinnerware with floral designs (a thick platter or bowl and a porcelain plate). Also, a broken cold cream jar of milk glass was found with other refuse in the trash pit exposed in trench T10. The jar was found in association with intact brown glass beer bottles and has the embossed letters "..ODBURY" on it's base. The trash pit exposed in trench T10 was the only buried feature encountered. But, a variety of surface features were noted including two concrete building foundations, various fruit and nut trees, a grove of eucalyptus' trees, piles of dumped fill dirt and refuse, roads and pathways, furrows and shallow holes (cf. Singer and Atwood 1989). C. Chronology Determining the age of the historic materials less difficult than dating the prehistoric materials. Ignoring the recent refuse, the historic features and materials date from the 1920s through the 1960s. The brown glass beer bottles and other domestic items in the trash pit may date the last days of the former Sevier farm, or at least the residence. The farm was probably sold before 1965, although the orchard appears to have remained and been maintained until around 1980. In 1958, the farm was active and -13- inhabited. By 1965, the western half of the property was occupied by the Arroyo Grande Community Hospital. The 1965 and 1979 editions of the U.S.G.S. Oceano, Calif. 7.5' Quadrangle show the orchard on the east side of the hospital, but neither edition shows any structures or buildings. Any date forthe prehistoric materials is simply a guess. The accepted chronology for the CA-SLO-393 deposit implies that the few items recovered probably date to the later part Middle Period, ciica 500 B.C. to 1000 A.D. Radiocarbon dating of shellfish was deemed inappropriate because of the disturbed nature of the remains, and the scale of the investigation. D. Existing Conditions The trench profiles described herein and illustrated in Figure 1 clearly show a higher degree of soil disturbance in the area closest to the archaeological deposit CA-SLO-393. Twelve different stratigraphic units were distinguished, half of which are displaced or manifest recent disturbance (see Figure 1 Soil Types). In a normal sequence, the yellow sands (Y1 or Y2) usually underlie the brown sands (B1, B2 or B3), which are then capped by sandy grayish topsoil (T1). Relatively normal stratigraphy was seen in most trenches at depths below one meter, however, topsoils were often missing and trenches T3 through T6 showed disturbance to depths below two meters. Trenches T4 through T6 had no topsoil, instead midden from the adjacent archaeological site had been " redeposited on top of previously disturbed sands. Agricultural alterations during the past 50 to 100 years have modified the entire property. None of the original native flora remains and there is probably little of the original surface topography to be seen. In some instances the soils have been disturbed to a depth of two meters, or more, but in most places the disturbance does not exceed one meter. Brush removal and plowing were the first modem impacts, followed by the planting of orchards and other related farm activities. Things like tree removal, building construction, and irrigation systems have all had impacts on the area. -14- . , E. PorentiA1 Impacts In spite of the high level of disturbance, there is a distinct possibility that deeply buried features of significance could still exist within the project area. This was recently demonstrated at a nearby construction site on Grand Avenue where a mortuary area was discovered several feet below the surface in a former orchard (Singer, Lambert and Atwood 1990). In the case of the subject property, if deeply buried features or other intact deposits do exist, they could be damaged or destroyed when grading or excavations . are undertaken for the new hospital expansion project. A similar situation existed on the north side of the hospital where the current expansion project is nearing completion. V. RECOMMENDATIONS A. Arv-1....eologica1 Monitoring The sitUation on the north side of the hospital was solved by archaeological monitoring during grading and excavation, and the same solution is proposed for the eastward expansion project. It is recommended that an archaeological monitor be present (1) when the trees are removed from the construction area, and (2) whenever grading and excavation are done. B. Native American Consultation The Northern Chumash Council should be informed of any monitoring or further testing of the area. In the event that prehistoric, materials are discovered, a Chumash cultural resources consultant should be contacted immediately so that an evaluation can be conducted without unnecessary delaying the project. C. SinrnnA"Y Reports One or more summary letters or reports should be prepared following completion of any monitoring or other archaeological work -15- carried out at the project site. Copies of reports should be sent to the Archaeological Information Center at UCSB, the San Luis Obispo Archaeological Society, and the Northern Chumash Council. VL REFERENCES CrrED Breschini, Gary S., Trudy Haversat and Jon Erlandson 1984 California Radiocarbon Dates. Third Edition, Coyote Press, Salinas. Gibson, Robert O. 1987 "Results of Archaeological Surface Survey for the Jorgensen Parcel Tract 1401 Arroyo Grande, CA". Report prepared for General Engineering Co., San Luis Obispo. Greenwood, Roberta S. :um "9000 Years of Prehistory at Diablo Canyon, San Luis Obispo County, California. Sari Luis Obispo County Archaeological Society Occasional Papers No.7, San Luis Obispo. Heizer, Robert F. (Volume Editor) 1978 Handbook of North American Indians - California 8. Snrithsonian Institution, Washington. King, Chester D. 1982 The Evolution of Chum ash Society. University Microfilms, Ann Arbor. Larson, Daniel O. 1988 "A Literature Review, Records Search and Preliminary Archaeological Survey for Arroyo Grande Hospital". Report prepared for Richard Woolslayer, Executive Director, Arroyo Grande Hospital, Arroyo Grande. Moratto, Michael J. 1984 California Archaeology. Acadenric Press, Orlando. -16- Sawyer, W. B. n.d. "Archaeological Subsurface Testing of the 4 Acre Jorgensen Parcel APN 06-391-042 Between Halcyon Road and Alpine Street, Arroyo Grande, California". Report prepared for Dr. Jerren E. Jorgensen, San Luis Obispo. , Singer, Clay A. 1985a "Archaeological survey of the Grieb property on Halcyon Road." Letter report prepared for Stanley A. Eisner, Planning Director, City of Arroyo Grande (dated April 10, 1985). 1985b "Proposal for subsurface archaeological testing of a portion of site CA-SLO.393 on the Grieb property, Arroyo Grande." Letter report prepared for Stanley A. Eisner, Planning Director, City of Arroyo Grande (dated May 20, 1985). Singer, Clay A. and John E. Atwood 1988 "Archaeological Testing At The Arroyo Grande Hospital Expansion Site Near CA-SLO-393, San Luis Obispo County, California". Report prepared by C. A. Singer & ~sociates, Santa Monica, for Rochlin, Baran and Balbona, Los Angeles. 1989 "Cultural Resources Survey And Impact Assessment For The Arroyo Grande Community Hospital Expansion Site (Parcel Map No. 001-000-006-391-20), City Of Arroyo Grande, San Luis Obispo County, California". Report prepared by C. A. Singer and Associates, Inc., Santa Monica, for Robert D. Horan, AMI Inc., Beverly Hills. , Singer, Clay A., Patricia M. Lambert, and John E. Atwood 1990 "Archaeological Investigations At CA-SLO-408 In The City Of Arroyo Grande, San Luis Obispo County, California". Report prepared by'C. A. Singer and Associates, Inc., Santa Monica, for Mike King and David Turtin, Arroyo Grande. Tainter, Joseph A. 1971 "Salvage excavations at the Fowler Site: some aspects of the social organization of the Northern Chumash". San Luis Obispo County Archaeological Society Occasional Papers 3, San Luis Obispo. Wallace, William J. 1962 "Archaeological investigations in the Arroyo Grande watershed, San Luis Obispo County". Annual Reports of the Archaeological Survey 4:23-90, University of California, Los Angeles. -17- Wallace, William J. and Edith S. Taylor 1959 "Archaeological Investigations in the Arroyo Grande Creek Watershed, San Luis Obispo County, California". Report prepared for the U.S. National Park Service and the Department of Anthropology, University of Southern California, Los Angeles. .18- -, ,'.' ,.r' ., ~. ,', .... , . H or " " \ , \ - .. N3500-W1203017.5 X 8.5 ., - 1965 '~ . - PHOTOREVISED 1979 .' ., .._.~ Map 1. A portion of the U.S.G.S. Oceano, Calif. 7.5' Quadrangle showing the location of the area tested for buried cultural resources (shaded), the . southern margin of site CA-SLO-393. . -19- .. , *" . '\. . ~ " ...... " . ~ . ,.... ~ " 0 ~ .... ? i-' ~ , :l -.I 0 ... .... -e '1 .... . . , . i-' ..... . . . ' '" . . " -5 () I:l " ... .. .. '" a " .. I:l " .. " .. -e . ~"1lI4 '> .... ",,"IIP,ttJ '" 0 VI '" l( I:l (, S 0 It .. .s ~ tJ 0 .... In " \II .c .. .. " 0 on '" I:l .,. ~ 0'" .c .. '" \; Il ... :l 0 ": ';j 0 u . N [j]'" .. Po 0 ~ ..J,Q1 ~III>1~"'J !J"'..L~/){.3 J .20. ., .. '. f ,.llI III "" 1 ~ - 8 . c::: ~ :; .S "'~ '" '" :; ,.llI ,,"" Ill.... .. 'U.-a~ 'Q. ~ 'bO III ... ... Q) Qr ... Q. l~ :!!!~ Ii! ~ ~ iii fE E .. Ql J:l + .~ Ql illl ..c2 TD'~ ..c:e e Ii! Ii ......M,~r:-C'l:l~18....~oor-t,..., ... Ii; .; J .. ~ '0 .a '" :J CI) ... ... c::: c::: c::: ,g Q.l Q) Q.l....... - .c ~ .. ~'" a", ~g '3 :5 ~ c: fc: ~c:~~ ,.llI... , <n <I ell cu CD en Q) ItJ r: Go) Q) Q) rt.:l CIS c::: Ql CD ... - "" "" Ii! Ql - Ii! Ql -a Ql ~ sa ~ ..a lot ... bD~..Q c.o,Jd..Q ~ !:! :E' .cJ~G:StO.c<<lClS~ClS .. J:l .. o ""'_0",,"_ &::~ClS =~ ::J 0 o<n<nr..r..or..r..o ~ ~ " E 1: 1: 1: Ql Ql Ql Ql 6 6 6 ::J - 8.~t' t' ~ 0 III .~ ~IIJS jcQ,.sr.G .:!irn . .. Ql , .2l "tS en as =, = ,Jd := d,Jd:= I:: O'.t ,~ ~ as .. Q) U cu U Q) CIS <I III 6Ql..c:~o..c:~o..c:~a 0 ::;l <n o<n illlen illl<n III g oooo~~~~~~oo ~ , CQOOQO 0 '9~<.I?~Qfj)o? ~ .c QOOOO= 0 ~ 1 cj c - ur ~ Gl 1i ... 0 '0 ~ 0 en = Ql ll)lQl.Oc.cCDca~S .. ~ <I c( Ql E-tE-tE-tE-tE-tE-t~E-t .~ ~,~88,.d..c~~..c:..cQ.l,.d ii .. olS .. ~~ct!i!~===,==i= .. .. .. 0 = g = = cu Q) Q) Q) Q) Q) Q) .. Gl .. <n en <n <n &= &= eH; &= &= <n &= &= lJ) .. ~ c '" en '? d <( 9 Z ..."'....It)<Ot-<Xl"'s;l~~ ~ <n cj ~ ~ , 0 .25- TEST TRENCH SOIL TYPES .=51 Topsoil - Loose dark grayish sand with roots. [illj=S2 Topsoil - Loose dark grayish sand with historic trash and ash. ....... .=Ml Displaced Midden - Loose dark brown sand with shell fragments, flakes, burnt rocks, etc.. .=M2 Displaced Midden - Loose dark brown sand with a few shell fragments. ~=Bl Loose to compact brown silty sand. ~=B2 Compact brown silty sand. .=B3 Compact dark brown sand. g=L Lenses of compact yellowish and brown silty sands. m=MP Mixed patches of compact yellowish and brown silty sands. , . =MM Mixed marbled lenses of compact yellowish and brown silty sands. ~=Yl Compact yellowish sand. ~=Y2 Compact yellowish-orange sand. -21- "'" N Eo< Eo< gj lEl ~ El 1 ... ~ .... IlJ ~ .. ..... a .... lJ.. '" Eo< -22- ~ ~ ~ ~ ~~ ~ ~ ;:: ~ ~ \0 ~ 00 Eo< ~~'" ~ Eo< :0.; ~ ~ ~ ~~ ~' ~ iE ~ {3 .. s:: - Qj ltJ t3 F:: Cf) .... CIl ~ .... Qj ... So .... ~ Lt) "'- Eo< Eo< -23- ......... .......... .......... ......... .......... ......... .......... ........... ........... ............ .......... ........... :::::::::::: ............ ........... ........... ........... ........... ............ ............ ........... ........... ........... .......... ........-.. .......... ........... ~ :~ng~~~g: !-< :::::::::::: ............ ............ ............ ............ ............ ............ .::::::::::: .::::::::::: ............ CI) ........... ........... QP .::::::::::: ;;::l ........... .... ............ ............ '0 :::::::::::: &:: ............ ............ :::::::::::::~ a ] ............ ............ ........... .... ........ '" ~ - .. ll'! u ...., Ul gj, " E-< .. ... 0 ~ .... p.. . 0\ !-< -24- - PLANNING COMMISSION AGENDA , ATTACHMENT 3 AUGUST 2, 2005 I . , i IV. NON-PUBLIC HEARING ITEMS: , / A. PRE-APPLICATION CASE NO. 05-007; APPLICANT - ,JASON BLANKENSHIP/GARY YOUNG, CENTRAL COAST REAL ESTATE; LOCATION- FAIR OAKS (empty lot near hospital). Mr. Strong presented the staff report for a proposal to build a mixed-use development, res!denti~lImedical office (phased project), on 5.5 acres, east of Arroyo Grande Hospital, facing Fair Oaks Avenue. Mr. Strong stated that comments received from the ARC at their meeting August 1, 2005 would be delivered at a later date, Gary Young, Central Coast Real Estate Company, described their proposal; stated they have been working with the Arroyo Grand Community Hospital on their facilities plan expansion, but at this time the commercial buildings are purely theoretical; Woodland Drive is proposed to be extended through; some of the neighbors do not want this and after discussion with Public Works, Fire and Police, ballards may be used for emergency access from Woodland Drive out through to the north, With regard to the archeological issues, they had made numerous unsuccessful attempts to contact the Northern Tribal Council of the Chumash Nation; there were findings and' recommendations from prior archeological reports done for the eastward expansion of the Arroyo Grande Hospital and also on the I entire 5.5 acres. This report has been submitted to staff. , I Commission questions and comments: , In reply to questions from Commissioner Fellows, Mr. Young gave details of their efforts to contact the Chumash Nation and explained how they had written to advise them that they i were willing to abide by the their recommendations from a prior survey, but to date they had not received any comment back; he hoped this would suffice for the tribe. Regarding drainage runoff to the creek, this was discussed at the Staff Advisory Committee meeting and staff suggested a bio filter system for the water that would flow into the creek, I In reply to questions from Commission parker, Mr. Young stated that the asphalt walkway will continue through to the medical portion and the hospital grounds; they will probably not retain the trees on site, especially the Eucalyptus and the abandoned Walnut trees; the trail I and walkway of the area is maintained by the Parks and Recreation Department; Woodland ! Drive will line up with Woodland Drive on the other side of Fair Oaks, In conclusion, he stated they had not the seen the report referred to by Ms. Parker, which contained ideas ! and information on how to avoid disturbing burial grounds and what to do if you did find I I them (presented by tribal leaders at a prior Rlanning Commission meeting three or four , years ago). , , Commissioner Keen stated that from a proposed project many years ago, there were archeological findings at a site (more along the creek behind where the new houses are now), which was a midan site, and he is still not convinced from prior reports that there are not some remains down by the creek, maybe in the easement. He would like to get some information on this. Mr. Young said they are aware of this information and they are very sensitive to the issue. I , I PLANNING COMMISSION AGENDA PAGE 5 AUGUST 2, 2005 Commissioner Tait stated that it should be verified whether or not this was a burial site, stated it is not good enough (as stated in the 1990 site survey) to say that the project "was not likely" to impact the burial site. In answer to questions from Commissioner Tait, Mr. Young replied: . The buffer between the proposed town houses to the current asphalt trail will be 40 feet. . He hoped the City would continue to maintain the existing trail. . They had not been asked by the Parks and Recreation to do any improvements in the trail area. . For safety there will be crosswalks for residents to access the medical buildings and the hospital from Woodland Drive. . They were aware of the City ordinance for the agricultural buffer and their surveyor has been out to the site and is in the ,process of doing calculations. . The concern regarding the lack of sensitivity to the Chumash by Mr. Clay (who took part in the1990 archeological survey) was more of a personality issue than professional. In answer to questions from Commissioner Fellows, Mr. Young replied: . Many of the Walnut trees were abandoned about 16 years ago and are not in good condition. It would be better to have a mitigation measure to plant trees that would do well in the area and are easier to maintain. . He did not think there was any newer technology for digging artifacts (newer than the use of a hand trowel), but he would check, Mr. Strong recommended that the formal application, when it is filed, should include some additional sub-surface testing based upon the current development concept and location of trenching, excavations etc. (this would be very helpful to the City, especially before construction takes place as archeological surveys are not expensive compared to stopping construction. Mr. Castro, President of Arroyo Grande Hospital, stated that Catholic Hospital West (C.H.W.) in the last 13 months has developed a Community Board and with the help of this board their goal is to properly plan for the development of future healthcare for the community; this project gives them to chance to do this. Commissioner Parker stated C.H.W. is somewhat key to this project; she understands that it is difficult, after only 13 months, for C.H.W. to come up with a specific plan for the future, However, not having this information makes it hard to understand how much square footage would be used for extension of the hospital and how much would be for privately owned medical facilities. Mr. Castro replied that as they move forward with their strategic plans they will determine what their needs are and how they can best serve the community; they would prefer to be closer to the 75% allocation; they do not own the property; they would be leasing it. Leonard Grant, Architect, described the architecture of the building. PLANNING COMMISSION AGENDA PAGE 6 AUGUST 2, 2005 Commissioner Keen stated he attended the ARC meeting yesterday and had no problem with the architecture, but with regard to the townhouses he had concerns with the parking situation and the way the project is layed out and this will need to be addressed; explained the parking concerns in more detail; the entrances for the houses that face the rear yard, next to building 7, need to be clarified. Commissioner Tait asked if there would be room to continue the trail on the north end toward the hospital. Mr. Grant said there would be a 6-foot separation from the property line to maybe a privacy fence for the backyards. In reply to a question from Commissioner Fellows, Mr. Grant said they had no plans yet for the workforce/inclusionary housing; they understood it would be 15%. Mr. Young stated that they' were going to do the environmental studies now for Phase II (hospital portion) to give them the maximum potential for the square footage that they need to build for the community; re the workforce housing, the hospital would like to request that the hospital employees get the first right of refusal on the inclusionary housing for those that qualify. Mr. Strong invited members of the audience to speak even though this was not a public hearing. Darlene Mack, 576 Woodland Drive, stated concerns about Woodland Drive going through to Sierra Vista Circle; explained what would happen to the traffic path and how this would effect the safety of pedestrians in the area; she was in favor of bollards for emergency access; asked that consideration be given now as to how the medical offices would be accessed; a roundabout to slow traffic down would not be effective in stopping people driving through Woodland Drive.' Steve Ross, 211 Garden Street (and on the Traffic Commission), stated concern with the parking if Woodland goes through; agreed with Commissioner Keen that there is not enough off-street parking dispersed throughout the proposed project. Commission Comments: Tait: . Hoped the project would not impact the coast live oaks and ,two redwoods (on the northeast corner of lot) and he had noticed other young coast live oaks in the area that would need to be considered. . He was glad to see they were abiding by the 25-foot setback for creek. . He would like to get a copy ofthe letter from David Foote, that states biological assessment is not necessary. . He appreciates the sensitivity to the archeological impacts. . The bus turnout requirement needs to be addressed. . Water availability also needs to be addressed (main issue). Parker: . Suggested that for safety there not be a six foot trail behind the houses, but that it be a little wider and have some vegetation so it becomes more of a nature walk to continue the character all the way through. . Would also like to see the Creek study (done by David Foot). . Okay to have the two-story condos, PLANNING COMMISSION AGENDA PAGE 7 AUGUST 2, 2005 . The agricultural buffer should be reviewed due to the creek and fact that the land swales down. . There are some large trees and smaller trees that look really healthy on the property that should be incorporated into the plan. . Thought that Woodland Drive should go through; stated that there would be less problems with circulation if streets were opened up; this street was originally supposed to go through; this may warrant a small traffic study to assess how many cars would go through; if a street is blocked off it impacts other areas; described other methods of traffic calming to slow traffic. . Re Chumash site, she understood that the Chumash were hard to reach, but it is important to get them on board; previous studies should be looked at, as there were some really good ideas as to what could be done, . Tenants would not utilize parking spaces along Woodland Drive; guest parking needs to be interspersed throughout the complex. . Re the 75%/25% she was still confused and would like to have more information as this goes forward; having medical space to utilize in the future for the community is very important especially having it pooled in one spot; it would be difficult to change the General Plan to reflect the movement of land for medical to more housing. Fellows: . Has a real problem with traffic going through and connecting to Woodland Drive on the other end; he could agree with ballards, if not there would have to be a lot done to keep traffic from going through the neighborhoods; he sited Berry Gardens as an example of good traffic circulation; he thought a roundabout with a fountain would be interesting; for the future Halcyon traffic needs to addressed; having Woodland Drive go through is not the answer. . Make sure that foot traffic can still go through the project to get to the High School. . The ARC has stated they would like to see good sections and profiles of the proposed project and maybe a model would be good also. . The agricultural buffer has been discussed during the East Cherry project; prime land is the same at this site; there needs to be a very healthy and well-designed buffer to filter out pesticides and particulates in order to protect the farmland. . Re the grading, he requested the trees not be taken out for the medical plaza until they are ready to build. . Re the residential: He would like to see stakes marking where the edges of building are proposed to be so they could visit the site before grading starts, . Re the architecture, he liked the style, but would like to see some comp shingle roofs that have some definition. . He appreciates the fact that the applicant will look at updating the archeological study. . He disagreed with the applicant's opinion of the trees not being healthy; he would like to see a map of the existing trees and a map of proposed trees super-imposed over it. Keen: . After listening to the neighbors on Woodland and Sierra Vista Drives he thought ballards would be important to have. . Since the Mormon Church owns property across the creek and intends to build a church, how does this work with agricultural setbacks on this property? Mr. Strong PLANNING COMMISSION AGENDA PAGE 8 AUGUST 2, 2005 replied that the property is designated agricultural and zoned agricultural and it would be fully buffered and retained for agricultural use. In reply to a question from Commissioner Keen, Mr. Strong said neither this property nor the property next door are part of the Redevelopment Agency. Commissioner Fellows had a concern that tree removal permits might be obtained immediately and the trees on site cut down. Mr. Strong said no permits would be pulled and he would call the Parks and Recreation Department to make sure. The Commission had no further concerns 7:45p.m. The Commission took a five-minute break. B. PRE-APPLICATION REVIEW CASE NO. 05-009; APPLICANT - CLARENCE STEELE; LOCATION 1570 WEST BRANCH STREET. Mr. Strong presented the staff report for a proposed new, one-story building for a credit union with a drive-up window. He stated that the representatives were not at the meeting, but at the ARC meeting yesterday discussion made it clear that there will be both architectural alternatives and site planning changes. He asked the Commission to provide some specific input to staff regarding the drive-up window, informed them about the current zoning and where in the City drive-up windows are allowed and explained that there would have to be a Development Code Amendment to allow a drive-up for this proposed facility. Commission comments and questions: Keen: . He thought the reason drive-up windows were not allowed was due to idling cars causing pollution, but the Air Pollution Control Officer has since stated that this theory was no longer valid; he could not think of any other reason why they would not be allowed. Tail: . The air quality information should be verified; it would seem that there might be a lot of variables to this. . He does not care for drive-ups and especially the ATM drive-ups; an ATM walkup, well lit, on Branch Street would be a safe spot. . Regarding the drive-up, the access driveway would work better if it were reversed. Keen . He attended the ARC and agreed with their comments; the stacking of six cars was mentioned for the drive-up; he was not in favor of this much stacking although he was in favor of the drive-up; the reason for the drive-up ATM was for security reasons. Fellows: . He also attended the ARC and agreed with everything that was discussed; he liked Mr. Strong's idea of the credit union building being moved toward the street and it may also improve the traffic circulation; he agreed with Commissioner Keen on not extending the stacking all the way down the side as a tree may be lost; he does not like drive-up ATMs. I , I , ~, NOTES ATTACHMENT 4 I ~~ CITY OF ARROYO GRANDE ) Q MEETING OF THE ARCHITECTURAL REVIEW COMMITTEE (ARC) MONDAY, AUGUST 1, 2005 D. PRE-APPLICATION CASE NO. 05-007; APPLICANT - CENTRAL COAST REAL ESTATE DEVELOPMENT; REPRESENTATIVE - Jason Blankenship; LOCATION - Fair Oaks (Empty lot near hospital). Community Development Director Rob Strong presented the project. . No Comments Jason Blankenship, applicant, shared the major issues, . The project will be done in two phases: Phase I will be 29-30 residential units, roughly 40,000 sq. ft., and Phase II will be 60,000 sq. ft. of medical office, . There is a conservation easement on the property for the purpose of a pedestrian pathway. . The applicant proposes a Mediterranean architectural style for the buildings with use of stucco, wood siding, and brick. . Applicant should find some way to break up the parking. . The majority of the roof will have composition shingles. The applicant will come to ARC with a formal application in approximately I . , four weeks, and will inClude site-specific tree locations on the map. , ; , , ARC had the following comments and questions: I . The site has a number of large trees which should be retained. I J . ARC would like to trees placed every 3-4 spaces in the parking lot. . ARC would like a detailed tree survey/plan along with proposed grading. . Applicant may want to rearrange building placement in order to save trees. . The riparian area along the creek should be retained and possibly enhanced. . The parking lot should have low lighting, . Project must have a good blend and transition with the residential neighborhood to the north, . The driveway should be aligned with Woodland Drive. . There is a question about the type of medical services appropriate for the office component of the project. . The height of the office building may be an issue with the City, . ARC would like to see all four elevations for the structures, No motion required, as this was a pre-application review only. , i I , I I , Id"rI~,CHMENT 5 : "- NOTES STAFF ADVISORY COMMITTEE (SAC) JULY 21, 2005 1:30 P.M. STAFF ADVISORY COMMITTEE MEMBERS: Community Development Director; Chief Building Official; Fire Chief; Parks, Recreation, and Facilities Director; Police Commander; Public Works Director; Neighborhood Services Coordinator ROLL CALL: I APPROVAL OF NOTES: No notes. i I I. ORAL COMMUNICATIONS: - Public may discuss business not scheduled on this agenda. I PROJECTS: II. A. PRE-APPLICATION CASE NO. 05-007; APPLICANT - CENTRAL COAST REAL , ESTATE DEVELOPMENT (JASON BLANKENSHIP); LOCATION - FAIR OAKS I (EMPTY LOT NEAR HOSPITAL). Project Planner- Kelly Heffernon. Description' Review of a mixed-use development: residential/medical office, ISSIIAS' I I Community Development introduction by Kelly Heffernon: I - 50% site proposed developed with 29 units; other 50% proposed medical I office facility. Hospital has been involved with Pre-App. , - .. Need Hospital Facilities Plan - unsure what it will entail? .. Design overlay requires 75% of site allocated for medical office use, this project deviates from this requirement. - City maintained trail with workout station runs along site, along the creek. i - David Foot, environmental consultant, staked top of bank, determined bio assessment is not necessary, will write a letter stating this and coordinate with RWQCB and affected agencies. - Oak trees on site, retaining? Representative unaware of oak tree locations on site, but will be surveyed and shown on plans. Community Development: - Resolutions referred to in overlay state a bus turnout was supposed to be implemented for the hospital when they did their parking expansion. Unsure I of why condition was removed. Might have to be included in th,!s project, staff was unsure. - Rob suggested that Jason at the transit authority should be consulted with. The City may require that the applicant reserve land for a bus turnout. I I - Rob clarified that applicant will do a development code amendment to change D overlay, vesting tentative tract map, and a PUD. I , ! - Notes DRAFT Thursday, July 21,2005 Page 2 Public Works: - Traffic study. I - Look at warrants for driveway/ Woodland Drive improvements. May require stop sign or four-way stop. - Sewer main relocated under driveway. i Woodland Drive sewer upgrade, needs to be upsized22" from 18", applicant - will pay proportionate share. - Water main thru site to Cerro Vista and additional water mains to serve meters and hydrants. i - Water neutralization fee, either come up with a plumbing retrofit system or pay an in-lieu fee for water use, $2200 per unit Community Development: - City Council anticipates an August discussion of water, first time they've seen list of approved/ pending projects and possible water sources. I - August 9th will be first discussion.) I - There currently is no growth management allocation system. Public Works: - 1 %" asphalt across centerline. - 6' wide PUE and 10' wide street tree easement across frontage. I - Soils report needed. - Ero~ion control plan, grading plan. Community Development: - Mitigation for archeological sensitivity? 0 Applicant replied that arch report done in 1990 with Clay Singer and recommends on-site monitoring during trenching and grading operations, 0 LaLind Odom, tribal chair for northern tribe was contacted regarding study, received call from her son-in-law that they did not like Clay Singer and that LaLind lost her voice and could not comment This was three (3) months ago and have not received word back, I Police: I - Alignment on Woodland? Applicant unsure how it will be in final design at this point - Lighting plan for exterior. , , I Building: - New state law, certain percentage of units must be disabled access, unsure of percentage. Thinks its 10% or all of the units. - Fire sprinklered. - OSH POD 3, licensing firm for state which plan checks all OSH POD 3 licensed medical facilities. Applicant replied that they have entered into an 'agreement with the hospital, and CHW and the medical portion of the site I , Notes DRAFT Thursday, July 21, 2005 Page 3 could be a variety of things for the hospital. They assured developer that 38,000 s.f. is enough for them for whatever it is they will use the buildings for. Thinks CHW will probably change their minds so hospital portion of site is a concept. Action' - August 1 ARC, August 2 is Planning Commission. Would need elevations by next Tuesday, July 26. Floor plans if you can, but not required at this stage. Submit 10 of whatever you submit on the 26th. B. PRE-APPLICATION CASE NO. 05-009; APPLICANT - COAST HILLS FEDERAL CREDIT UNION; LOCATION - 1570 WEST BRANCH ST (K-MART SHOPPING CENTER). Project Planner - Kelly Heffernon. Description' Review of a new one-story building for the credit union, with drive-up window and ATM. Il'll'lllel'l' Community Development introduction by Rob Strong and Kelly Heffernon: - City altered former P.O. zone and established Regional Commercial (RC) zone and drive-up windows are not allowed in the RC. Carl's Jr. is legally non-conforming. Community Development: - A CUP and a Development Code Amendment (DCA) are necessary. - An amendment to the Parable was approved in November 2004 with a 3% parking reduction. - Parking analysis required. - Traffic study required given projected number of peak hour trips. - Parable conditions will be looked at and modified for this project - ARC will look at this on the 1st of August Will ask colors, materials, etc, - Need specs for sign application eventually. Public Works: - Traffic study, will produce about 950 total daily trips and 95 PM peak hour trips, which is well over trigger for study. ' - Access analyzed, primary driveway is off a heavily traveled street (West Branch). Possible queuing issues with turning into K-Mart driveway and then immediately turning left to access credit union, - Consider ingress from another driveway. - Water and sewer mains run through site; connect to both of those. The project impacts two sewer mains - EI Camino Real sewer upgrade, 0.27% construction costs, and Walnut Street sewer upgrade, 0.19% construction costs. - Fire sprinklering, and fire line with FDC. May need public water easements, - Water neutralization fee, $2,200 per equivalent commercial unit 11.c. MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR~ BY: ~:\\,KELLY HEFFERNON, ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF PRE-APPLICATION CASE NO. 05-009 TO CONSTRUCT A ONE-STORY BUILDING WITH DRIVE-UP WINDOW FOR A FINANCIAL INSTITUTION; APPLICANT - COAST HILLS FEDERAL CREDIT UNION; LOCATION - 1570 W. BRANCH STREET (K-MART SHOPPING CENTER) DATE: AUGUST 23, 2005 RECOMMENDATION: Staff recommends the City Council review the project plans and provide suggestions and comments to the applicant. LOCATION MAP: ----'----""'-::-- ----7-- ----7 ------ ---- -------- ----- -~--------------- --- - --- ---- - - - ----------- ~ ....,~ / )'-'...... ) / I '_, , " " / ~'o? , I I... 1./ l / "') /' - I / / / -"..- -"""', j,) I If PROJECTS''!i' //r '\ --""-~ / / --------. '........ ,- ---.. """"'''- / /" ___ 1'.........'-...'- /:: I' -::c-- ~"'r', '" - I'"~ / '- C-,------, -__::.::~~___ 8;j)":''':.''_, '-..... / I ~'- "",,- 1 'y -::c:...-_,:-<:::::::."'-'C:::c :"c;S.''o, I ? ! '- \ 0 / ----:---~-- -"-.. --..... .....--. .so,.", ....,... ! I ' ~ / ___ ,_::---. --. -" --..., /.o~ ""- ' "~ I ' _..-.... """,~,O', "/ ' #" , -'-..:::::"---....... '-"" " -" / I ' /' "::::::.<:::.:-.. -.,___.... .'-...... 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"", -, { /. ,,~-j p. ~1-;;:::<(,~.,'1{>~''r':j/~~'''~ '~<~~~~::'::::::~"~,~:""~,, '.,' ,I I / /-..' 1,1'1" ''-,z,' /'/,/ ;.' / "-" -<::>,~:: ...::::::-..:-'" '-, " I I / J........! I~h.........-.... f, " /......,:,'-.....' "~ ~, '0-" ---,>, -"'-, "" " '--, "1. " '-l ',', / " ,_ "-, """'_,'. ,,", CITY COUNCIL PRE 05-009 AUGUST 23, 2005 PAGE 2 DISCUSSION: , Backqround , I The project site is located within the Oak Park Plaza shopping center and is currently used for parking. The gross floor area of the center is approximately 130,180 square feet and consists of K-Mart, a two-story retail/office building, and two (2) freestanding restaurants (the Quarterdeck and Carl's Jr.). The City Council approved Tentative Parcel Map 97-544 in January 1998 creating a new 20,007 square foot parcel adjacent to the Quarterdeck restaurant. During the , public hearing process, discussion focused mainly on parking related issues within the I shopping center. A Parking Study was prepared for the shopping center as part of the Tentative Map approval process (see Attachment 1), which concluded that a surplus of ten (10) spaces exists at the shopping center. In February 2003, the City Council approved development of a 6,000 square foot bookstore on this property (the Parable), and in November 2004 approved amendments that modified the architecture, The Parable has since decided to not develop at this location and is selling the property, I Coast Hills Federal Credit Union is processing a Pre-Application to determine if a drive- , , up window would be acceptable to the City, and obtain any other helpful feedback prior i to submitting a formal application, The existing development in the shopping center, I including a drive-up window at Carl's Jr., was approved as part of the Oak Park Acres , Planned Development (P.D.1,1), Recently, however, the Development Code was amended to reclassify the Oak Park Plaza Shopping Center as Regional Commercial (RC), which does not allow drive-up facilities. Therefore, it would require a Development Code Amendment application to enable this proposed feature, as well as a Conditional Use Permit to consider the financial office use and new building design, Adequacy of off-street parking for the center, including this use, will be evaluated as part of conditional use permit consideration. i Proiect Description I Proposed is a single-story, 4,375 square foot structure with a drive up window and walk I up ATM for the Coast Hills Federal Credit Union. Earlier plans showed a slightly larger I , building with two drive-up lanes and parking and circulation concerns, The site plan and I architectural design were revised based on Planning Commission and Architectural Review Committee (ARC) comments (see below for discussion of meetings), Given the project's preliminary status, only one elevation is provided, The south elevation includes the main entrance and shows a southwestern architectural style, The exterior building materials would be divided into a split-faced masonry base below the window, ground-face unit masonry above, and synthetic plaster as the upper band and cornices. The columns would be sandblasted poured-in-place concrete to blend with the ground-face unit masonry. The final building colors and materials would be I I .- CITY COUNCIL PRE 05-009 AUGUST 23, 2005 PAGE 3 determined through the formal Conditional Use Permit process, but the colors would likely be of a southwestern palette with a darker base color, lighter ground-face, and' lightest color on the upper plaster layer. Parkinq Analysis Although the Development Code requires less parking (eighteen spaces) than what is proposed (twenty-six spaces), the shopping center will experience an overall net loss of available parking. This would occur with any proposed development given the current use of the site. The parking impact study prepared for the Parable concluded that the net loss of parking spaces would be minimal, and therefore would not impact the overall parking demand for the Oak Park Plaza. The Council approved a 3.4% parking reduction for the Parable, and the Development Code allows up to a 30% reduction for shared uses. A similar parking study will be required for the Credit Union, although parking impacts should be less given the smaller size of the proposed structure (4,375 ! s.f. vs. 6,000 s.f.). Circulation within the parking area for the Oak Park Plaza is also expected to operate efficiently, especially given the site plan redesign. The existing access from West Branch Street would remain unaffected. Planninq Commission The Planning Commission considered the project on August 2, 2005 (see Attachment 2). Issues discussed included suitability of the drive up A TM, queuing o( cars, adequate site circulation, and repositioning of the building. The project was redesigned to relocate the building closer to West Branch Street similar to the Quarterdeck restaurant, eliminate the drive up ATM, revise the parking and access configuration, and update the architectural design. , , i Architectural Review Committee (ARC) I The ARC considered this Pre-Application on August 1, 2005 and commented on the I internal circulation and simplicity of the architectural design. After reviewing pictures of , similar facilities that the applicant provided, ARC members selected their preference for a southwestern design (see Attachment 3). Staff Advisory Committee (SAC) I The SAC reviewed this project on July 21, 2005 (see Attachment 4). Issues discussed included parking, traffic study requirement, driveway access alignment and overall site circulation, tree removal (possible relocation of trees to be removed), and architectural design. Attachments: 1. Parking Study and Analysis for the Oak Park Plaza dated December 30, 1997 2. Planning Commission Meeting Minutes of August 2, 2005 3. Draft ARC Meeting Notes of August 1, 2005 4. Draft SAC Meeting Notes of July 21, 2005 5. Project Plans , , I I ATTACHMENT 1 PARKING STUDY & ANAL YSIS FOR OAK PARK PLAZA (K-MART SHOPPING CENTER) Tentative Parcel Map Application Submittal at , , , 1570 West Branch Street I , i Arroyo Grande, CA. 93421 I PREPARED FOR: Mr. Jim Wood WOOD INVESTMENTS 580 Broadway, Suite # 117 Laguna Beach, CA. 92651 ** I Prepared by : I I RIm I ~ l. U I , I ARCHITECT /;; ! S 5 0 C I A TIS ." CRAIG R. SMITH: AlA, ARCHITECT & ASSOCIATES I 890 MONTEREY STREET. SUITE '0' City of Arroyo Gr!nde SAN LUISOBISPO, CA. 93401 Community Development Dept. I (805) 544-33801FAX (805) 544-8625 C-13651 JAN 2 1998 I I September 19, 1997 I I ** ! !.eVlf5eo pe;. 7~ 1'l'l7 I; " " ~- - , , " OAKPARK (K-MART) PLAZA PARKING ANALYSIS 12/30/97 - Revision TABLE OF CONTENTS 1. INTRODUCTION 2. ' GENERAL PARKING ANALYSIS 3. . CITY OF ARROYO GRANDE DEVELOPMENT CODE 4. INFORMATION SURVEY' 5. EXHIBITS SITE PLAN I SCHEMATIC FLOOR PLANS HOURS OF OPERATION GRAPH 6. DEVELOPMENT SCENARIO! CONCEPtuAL STUDY WITH PARKING 7. CONCLUSIONS I I I I , I I ... '. .' r.--~ ,-' ( ( OAKPARK (K-MART) PLAZA PARKING ANALYSIS 12130/97 - Revision INTRODUCTION The following report is a comprehensive parking study for determining the scale of any future and proposed uses or the possible expansion of any existing uses. The most immediate possibility is the future development of the proposed parcel 3 (refer to the tentative application and exhibit prepared by 'Latitude 33'). The process to determine the parking compliance was to initially perform an inventory of actual,existing, designated parking spaces. This' was accomplished by a physical, on-site count of the existing number of , , designated (stripped) parking spaces available for use as a designated parking space (note: existing, on-site spaces used for full time storage display were DQ1 considered in the total count). Once the on-site number of spaces was determined a calculation of required parking was performed. This is presented as an exhibit and is labeled' Oak Park (K-Mart) Plaza General Parking Analysis'. Additionally, a survey of business hours-of-operation was documented for a comparison of different business use for the overall parking facilities. The intent of this later survey was to illustrate the total picture of parking use I as it would apply over a full weekday and weekend capacity. Also attached are schematic plans of the site plan and floor plans. This later item was also broken down to I illustrate a 'real situation' of each individual use of all the specific businesses. It delineates between , , public and private use. Although there is no distinction between public and private use, with respectto I the parking ordinance, it is needed to better understand the actual situation should a parking reduction I application be required or requested. , I A possible parking impact against example development scenario has also been included (development I scenario/conceptual study, with parking table). This expanded example is a commercial use facility, or business example. This example is expressed in general terms with the required parking impact. Lastly, a one-day, informal, question and answer survey was conducted for very basic use-only feedback. This was not conducted under a strict survey guideline but does provide some illustration to certain major issues. These questions, with answers, are illustrated on the enclosed outline labeled' Use-Survey to Oak Park (K-Mart) Plaza'. This survey/report concludes with a conclusion ,Summary that gives altemative use and feedback with various pOsSibiliies to the parking and planning. impact on this shopping facility. ,.. , I I , . OAKPARK (K-MART) PLAZA PARKING ANALYSIS 12/30/97 - Revision GENERAL PARKING ANALYSIS ___.___..______________________________________:________------------~-----------~-~----7----------------------- Total required number of on-site, designated parking spaces: Building/Use Gross Area ' Parking Total Required Percentage Use 'Area (S.F.) Factor Parking of Required --------------------------------------------------------------------------------------------------------------- K-Mart 89,400 , Retail Sales 70,860 250 283.44 i Dellv.; Warehouse 18,540 250 74.16, i total 357.60 63.5 % Retail (East) 10,500 250 42.00 , Retail (L.L. - South) 12,550 250 50.20 Retail (U.L.- South) 12,300 . 250 49.20 ' total 141.40 25.1 % Restaurants Qtr. Deck' 2,505 100 25.05 4.4% Carl's Junior 2,925 75 39.00 7.0% . Total required parking , '563.05 Round off (+ @ ~ 0.5,- @ ~ 0.5) 563.00 - Total number of existing, on-site, designated spaces . 573.00 Difference (-/+) + 10.00 surolus ---------------.----------------------------------------------------------------------------------------------- ,.. I I l .. ---. ( RETAIL SALESlOFACE (SOUTH) - UPPER LEVEL ul ~ -' 0 m <0 ~ '" 0 m <0 ;\ '" z ~ ~ ~ ~ M M M '" ~ ~ ~ ~ ~ ~ ~ -' w > [J w -' I- 0 m '" ;!; '" 0 m '" ~ '" 0 Ul M '" '" '" '" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ IS RETAIL SALES (SOUTH). LOWER LEVEL ~ QUARTERDECK ::;::::STAURAi'lT '" <0 ~ m >=' Ul Ul ~ ~ ~ Ul W Ul ~ ~ -' 0 ~ Ul ~ a: I - 0 ... ~ K,MART 1590 ~ CARL'S JUNIOR ITE PLAN RESTAURANT .' " ,,-Z enZo mQ-l '" m~f1:I " VACANT m ;:-1", r ;Ern~ 0 5JJ oz~ -<0-1 qm m:f=m " '" 11- -:I ,,"''' ;<j " en"" "CK" NAILS ~ ~)> mlE~ '1 ~O 5 -I , Z m 0- .s = r '" NEXT DAY " en m SIGNS r )> 0 r '" m " '" ;!j " en '1 ~ 5 Z m Ez en 02 cn~ 0 '" "-1 " --m c: m -I en r -<" -:I -l 0 m en :I: ~ -I " > ;:: r r en 0 0 c )> ::E :c m m 21 :0 ~ N r '" '" m 0 < liTHE m CLINICS. r '" FAMILY AFFAIR " m HAIRCUTTERS r 0 ~ '" " " JEWELRY 'OJ -l <: PLUS '1 " 5 -l Z m THE WINE '" " GUY m r 0 PRIVATE 'f; c-z ",Zo m2-1 _Om FAMILY m>" ;:-<." D.ENTlSTRY ;Brn~ oz< i5 :0 -<o~ PAIV. m~m 0 m ,c(g?rj = -I "'co~ II .~c PRIVATE ~ :t> zO ,- ~ ~ - r- TELE GOLF en DIRECT ." :t> c co r- ~ 5 m en Ui 0 ." C i+z C JTS co ~ PARTITION ~g -I -l 5 ",0 ~ ,)> PRIVATE on-< :; -m )> -<'" r -<:0 en :Om C 0 ~ "'tJ c ." :0 )> LIFETIME c ;:: :D co "'tJ WELLNESS ~ m 5 m ~ :0 II ~ r- J'> co ." ~ ." m 0 DON LEE c :0 0 co "l < REALTY ~ <' 5 ::; :; m INVESTMENT 0 m z r- ." :0' CALTRANS ~ i m I ." I THE CLINICS :0 '" ;: - I ADMIN. OFFICE :; m I VACANT I I , ~ ljizij m2-1 _om m>'. ;:-<" PAYLESS " ~m~ SHOE JJ oz< ~ -<0> SOURCE ~ mf=rri m , - C"> 0 ",CJJ = m~~ ~o ~ .:S VACANT -i 51 1+z > 8 ~o r o- m PET ",0 z ,> 0 EMERGENCY !!]C "'-< --m C CLINIC ",z -<"' > 1iiil -<", :D :Om m -<JJ !!] :!j 5 '" z !< j, 0 '" " 0 C 0 '" GREAT WALL ~ 0 :Il ;0 KITCHEN VACANT ( ?-: , ~. u: I en '" 0 '" '" <( w ~ a: <( (.) u ~ LU Ol ::J C 0.. a: LU I-~ o:~ <(II :::>~ O~ .' r 0 I- - a:: u: a:: of :::> ",' '" m '" '" <( Z w c: W <( () W ::; a:: al' ::J ~ 0.. , ..., en. _ 0 -I -' ~ a::U , '<3:~ uS - I~ .:::::: ' -' -, r, ( / u: en '0 .... u: '" <D en >- 0 '" 0: '" W ci > " ::; "" w w Cl 0: W "" rn tl :::> ::; 0 lD I :::> W a. 0: ~ I- a:~ <C~ 2~ ~S '~ ' "~\ WEEKDAY BUSINESS HOURS STORE NAME! DAYS OF HOURS BUSINESS 7A SA 9A lOA llA l2pI,p 2P 3P 4P SP 6P 7P ap 9P lOP llP QUARTERDECK I M-lH , I F THE WINE GUY M-T I W.F JEWELRY PL':'~ I I T.lH IF FAMILY AFFAIR HAIRCUTTERS ",0 , 'THE CLINICS. M-F DR. RANDY S-SMART, OPTOMETRIST , M.F GREATER SUBURBAN MORTAGAGE " , M-F PEOPLE IN MOTION M-F NEXT DAY SIGNS M.F , lOCK" NAILS M-F DON LEE REALTY INVESTMENTS M-F FAMILY DENTISTRY M-F PAYlESS SHOE SOURCE M.F GREAT WALL M.lH F KMART M-F PHA~~ACY GARDEN M-F CARL'S. JRI GREEN BURRIT M-lH ~ I F MUTUAL OF OMAHA- _THE CLINICS .ADMIN. OFFICE- UNDER CONSTRUCTION HOURS NOT POSTED CAL TRANS- POSSIBLE HRS SA.SP HOURS NOT POSTED LIFETIME WELLNESS- POSSIBLE HRS SA-S? OPEN BY JTS- APPOINTMENT SELECT HOURS NO PUBLIC ACESS TEtE GOLF DIRECT- HOURS NOT POSTED POSSIBLE HAS BA-S?' " ( ( WEEKEND BUSINESS HOURS STORE NAMEl DAYS OF HOURS BUSINESS 7A SA 9A OA 11A 12P lP 2P 3P 4P 5P 6P 7P 6P 9P lOP 11P QUARTERDECK , " I, SAT I SUN THE' WINE GUY I , , SAT I I SUN , , JEWELRY PLUS SAT FAMilY AFFAIR HAIRCUTTERS SAT "THE CLINICS' , SAT OR. RANDY S.SMART. , OP,l~MET~~~T , CLOS 0 SAT & UN GREATER SUBURBAN . MORTAGAGE CLOSED SAT & SUN .- PEOPLE IN MOTION SAT , NEXT DAY SIGNS CLOSED SAT & SUN "CK" NAilS SAT I SUN DON LEE REAL TV INVESTMENTS CLOSED SA T& SUN FAMILY DENTISTRY CLOSED SAT & SUN PAYLESS SHOE SOURCE SAT I GREAT.TWALL SA SUN KMART SAT PHARMACY SAT GARDEN SAT & SUN CARL'S JRI GREEN BURRITO SAT I SUN MUTUAL OF OMAHA- THE CLINICS ADMIN. OFFICE- UNOERCONSTRUcnON HOURS NOT POSTED CAL TRANS. POSSIBLE HAS SA.S? HOURS NOT POSTED LIFETIME WELLNESS. POSSIBLE HAS SA.S? OPEN BY JTS. APPOINTMENT SELECT HOURS NO PUBue ACESS TELE GOLF DIRECT. HOURS NOT POSTED POSSIBLE HAS SA-S? I , OAKPARK (K-MART) PLAZA PARKING ANALYSIS 12/30/97 - Revision DEVELOPMENT SCENARIO/CONCEPTUAL STUDY, WITH PARKING; Commercial Building @ 5,000 SF (5000/250) = 20.00 required parking spaces /\::, ':' "'~ber of existing parking spaces potentially lost to parcel 3 development = .- 47 0 parking spaces " Number of parking spaces added to parcel 3 development, per concept design = . 18.00 parking spaces Reduction in parking required for a 5000 S.F. retail building (47 - 18 - 10 + 20) = 39 parking space reduction (or 6.9 % of required parking. Note: Ordinaceallows up to a 30 % reduction) ,.. " ;/~" I ( \ OAKPARK (K-MARl) PLAZA PARKING ANALYSIS 12130197 - Revision CONCLUSIONS , The general parking analysis shows a surplus (10 spaces), in the existir)g designated parking count, as compared to the required parking analysis. This situation will exist until the proposed parcel three is ' development. The review of the varying hours of ope ration puts the overall parking lot to use at a lower capacity over a full day, or (24) hour, operation of the entire' shopping facility. This puts the total ,true parking capacity at a limited, and shorter, period of use thatoccurs only during peak periods. Specifically, lunch and dinner traffic for the on-site restaurants and weekend traffic for K-mart. An example of an off hour operation is best illustrated with the Quarterdeck restaurant. This operation , ,doesn't open until 11 :00 AM and closes at 10:00 PM. Even though it only represents a demand of , twenty - fIVe (25) spaces, this gives a greater use to early moming businesses, or the earlier 8:0019:00 AM to mid moming opening time of any retail business. Also, its peak lunch time use on weekdays is less then its peak dinner time use on weekdays and weekends. 'Its greatest week day peak period is its dinner time between 4:00PM and 6:30PM, and weekends between 5:30PM and 7:30PM. Additionally, there are some, businesses that are closed on weekends with no impact on weekend parking demands. Specifically, the upper level retail office use. This represents a significant impact on weekend parking with almost a fifty car difference. This weekend balance works significantly well due to the fact that a larger weekend demand is expected for K-Martcustomers. Therefore, it appears a minor exception, or , , on-site, parking reduction request, could be considered as a result of off-set hours of operation over a , combined weekday and weekend use. ' ' It should be noted that the maximum city allowed parking reduction is 30 %, by ordinance, and any request for a parking reduction, as a result of the future development of the new parcel 3, would be significantly less then this allowed reduction. As shown in the Development Scenario/Conceptual Study, this model example development may require a reduction of only 6.9 %. This is based on a 5000 square .foot, single story building designated for a commercial type use (refer to the schematic site and parking plan exhibit). . .' _.....~ .. " . . , ',' . . . . lI> 0 X ~ :; " lI> ::; , m . - ,. :z c "0 ,. :0 X Z ' " "0 s:; :z ~ " J ' j' I g " I . lef- II I I ,~ a~ .::t.. . ml" rf. $ i!i ~ ~ , \ ; i i' "I r . i .W ;;..' . I, I' ,Ji:H 1[1 Pq" . ., -l 'I; ij h, I I, -{ E ~r IHJ 1m 'I ~ . ,! i III 'I If Ii ! Ij ~1 i i. Ui if ,n If ," " -, ~ ' ," hi, I ~ ,: - -- ! I :i i' ~ i ,; II i Iii m a i . < r Ii' .' - ~ ~ ,_.. " of . ~ ~JjI!1 .im....t~ . I 1 Ii ' I !., ~. i ~ r J ..' ~ e" - r 1 f" ~. "Ii" 'EO }I I oS t a ~8 I...: .. I! t .' I ! '. J -' - ' b' I" Jl ~ ; .~_..; iI w::;e.~:'~t. OeneralP.rkln9 OAK P~RK (K-MARl) PU<ZA ......ru..r.. ..~'_I,~"S',,,,, PLANNING COMMISSION AGENDA ATTACHMENT 2 PAGE 8 AUGUST 2, 2005 , replied that the property is designated agricultural and zoned agricultural and it would be fully buffered and retained for agricultural use, In reply to a question from Commissioner Keen, Mr.Strong said neither this property nor the property next door are part of the RedevelopmentAgency. Commissioner Fellows had a concern that tree removal permits might be obtained immediately and the trees on site cut down. Mr. Strong said no permits would be pulled and he would call the Parks and Recreation Department to make sure. The Commission had no further concerns 7:45D.m. The Commission took a five-minute break. B. PRE-APPLICATION REVIEW CASE NO. 05-009; APPLICANT - CLARENCE STEELE; LOCATION 1570 WEST BRANCH STREET. Mr. Strong presented the staff report for a proposed new, one-story building for a credit union with a drive-up window. He stated that the representatives were not at the meeting, but at the ARC meeting yesterday discussion made it clear that there will be both architectural alternatives and site planning changes. He asked the Commission to provide some specific input to staff regarding the drive-up window, informed them about the current zoning and where in the City drive-up windows are allowed and explained that there would have to be a Development Code Amendment to allow a drive-up for this proposed facility. Commission comments and questions: Keen: . He thought the reason drive-up windows were not allowed was due to idling cars causing pollution, but the Air Pollution Control Officer has since stated that this theory was no longer valid; he could not think of any other reason why they would not be allowed. , Tail: . The air quality information should be verified; it would seem that there might be a lot of variables to this. . He does not care for drive-ups and especially the ATM drive-ups; an ATM walkup, well lit, on Branch Street would be a safe spot. . Regarding the drive-up, the access driveway would work better if it were reversed. Keen . He attended the ARC and agreed with their comments; the stacking of six cars was mentioned for the drive-up; he was not in favor of this much stacking although he was in favor of the drive-up; the reason for the drive-up A TM was for security reasons. Fellows: . He also attended the ARC and agreed with everything that was discussed; he liked Mr. Strong's idea of the credit union building being moved toward the street and it may also improve the traffic circulation; he agreed with Commissioner Keen on not extending the stacking all the way down the side as a tree may be lost; he does not like drive-up ATMs. PLANNING COMMISSION AGENDA PAGE 9 AUGUST 2, 2005 Parker: . Would like to see the property moved down toward Carl's Jr.; the area near the restaurant is already impacted; adding anything in this area is going to be a problem, . Regarding the architectural style, she agreed with the ARC. there is no style; the other businesses at this site have some style; she felt that working with the ARC would enable the applicant to find a more acceptable style. . Liked(the idea of moving the building forward for traffic safety. Does not have a problem with drive-ups although she does not really favor them; one drive-up would be acceptable; does not think a drive-up ATM for safety is necessary in this area and she has found it difficult to use them from her car. . Angled parking would be safer. . Agrees that a one-way entrance and would be an improvement. Mr. Strong stated that the applicant may want to take the project to City Council to ,get feedback on the drive-up issue and to get more direction before altering their site plan and architecture; he felt the Commission had provided adequate flexibility in their consideration. Staff has not yet reached a technical analysis of drive-ups to make a recommendation as it relates to a development code amendment (which has not yet been applied for). Commissioner Keen commented that there is now a new bank on East Grand Avenue that has three drive-up windows. The Commission had no further comments. V. DISCUSSION ITEMS: A. Planned Unit Development Case No. 05-002: Status report on,the demolition at 567 Crown Hill Mr. Strong gave an update on this item and discussed some of the main items contained in his memo to the Commission. He stated that Mr. Floyd had attended the ARC yesterday; the City Attorney has determined that the change to the PUD 05-002 will require reconsideration of an amended application; a further public hearing and noticing of the neighbors will need to take place; he hopes that together with a compensatory donation of $8,500 this will be a deterrent to others. In addition, it will be an early topic for the Historic Resources Committee as to how do we determine the value of a portion of a building is (that is to be retained) so that it can be bonded to prevent excessive demolition and assure preservation and restoration. This building had not been designated historic, but it was a voluntary proposal to maintain it and an effort was made to do this. Floyd Campbell, 155 Valley View Place, property owner/developer of the project at 567 Crown Hill stated that they should have sort guidance and advice from the Community Development Department before going ahead, but regretfully made the decision to go forward. As explained in his letter to the department. their original intent was to move the front portion of the structure forward, Once the rear portion had been removed; a demolition crew was hired to do the demolition by hand so as not to risk unintended impact on the front. After finding excessive amounts of termite and dry rot in the roof and ceiling. joists they decided that it would be safer to remove the entire roof and ceilings from all areas of the structure; they then modified the plans (which were submitted to the Building department) to reflect this, but neglected to consult with the Community Development ARC DRAFT NOTES DRAFT ATTACHMENT 3 AUGUST 1, 2005 PAGE 2 \ E. PRE -APPLICATION CASE NO. 05-009; APPLICANT - Coast Hills Federal Credit Union; REPRESENTATIVE - Clarence Steele; LOCATION - 1570 West Branch St Community Development Director Rob Strong presented the project. Clarence Steele and Linda Jarrett, applicants, were there to answer questions. . The applicant proposes a credit union building with a drive up window and drive up A TM lanes, . The drive up lanes will beg feet in width. . Applicant wants to design parking to go with the "existing flow" of the shopping center's parking lot. . Three spaces could be eliminated to make room for stacking and save 2-3 existing trees. . The applicant presented several examples of different credit union building styles from around the country. . The applicant mentioned that drive up ATMs are much more popular with customers than walkup. ARC had the following comments and questions: . Would the applicant be able to work with owner of parking lot to redesign their portion of the lot? . A modern design for the building may work best with surrounding shopping center. . There are some concerns over the amount of traffic that would impact the parking lot. . Neighboring restaurant parking should be taken into account. . The proposed building could be moved to front Branch Street, possibly as a site plan alternative. . Applicant should error on the side of too much stacking than not enough. No motion required, as this was a pre-application review only, Notes ATTACHMENT 4 DRAFT Thursday, July 21,2005 Page 3 \ could be a variety of things for the hospital. They assured developer that 38,000 s. f. is enough for them for whateverit is they will use the buildings for. Thinks CHW will probably change their minds so hospital portion of site is a concept. Action' - August 1 ARC, August 2 is Planning Commission, Would need elevations by next Tuesday, July 26. Floor plans if you can, but not required at this stage, Submit 10 of whatever you submit on the 26th, B. PRE:APPLlCATION CASE NO. 05-009; APPLICANT - COAST HILLS FEDERAL CREDIT UNION; LOCATION - 1570 WEST BRANCH ST (K-MART SHOPPING CENTER). Project Planner - Kelly Heffernon. DARcription' Review of a new one-story building for the credit union, with drive-up window and ATM. IRRIIAR' Community Development introduction by Rob Strong and Kelly Heffernon: - City altered former P.O. zone and established Regional Commercial (RC) zone and drive-up windows are not allowed in the RC, Carl's Jr. is legally non-conforming. Community Development: - A CUP and a Development Code Amendment (DCA) are necessary. - An amendment to the Parable was approved in November 2004 with a 3% parking reduction. - Parking analysis required. - Traffic study required given projected number of peak hour trips. - Parable conditions will be looked at and modified for this project - ARC will look at this on the 1st of August. Will ask colors, materials, etc. - Need specs for sign application eventually, Public Works: - Traffic study, will produce about 950 total daily trips and 95 PM peak hour trips, which is well over trigger for study. - Access analyzed, primary driveway is off a heavily traveled street (West Branch). Possible queuing issues with turning into K-Mart driveway and then immediately turning left to access credit union, - Consider ingress from another driveway. - Water and sewer mains run through site; connect to both of those. The project impacts two sewer mains - EI Camino Real sewer upgrade, 0.27% construction costs, and Walnut Street sewer upgrade, 0.19% construction costs. - Fire sprinklering, and fire line with FDC. May need public water easements, - Water neutralization fee, $2,200 per equivalent commercial unit Notes DRAFT Thursday, July 21, 2005 Page 4 - Project improvements prepared by registered Civil Engineer. - Signal approved through Cal Trans; need to coordinate with PG&E; this project requires signalization fees and installation of signal before occupancy. Community Development: - Applicant might propose an exit lane only, right out, or left out to minimize undesirable site circulation plan. - Traffic engineer should comment on site circulation. - Rob suggested that making a one-way isle and angling parking along the frontage road might address traffic issues. Victor agreed with suggestion. Police: - Additional lighting? Probably not. - Applicant commented that the ATM requires additional lighting for safety purposes. No walk-up ATM is planned. - Applicant commented that drive-thru ATMs are more preferred by customers compared to walk-up. Community Development: - Color, materials, architectural character will be a concern because it is a very visible site within the community. - Bring forward alternative examples of other banks - photos, etc, ARC will want to know specifics. If there are other elevations you should bring them to ARC. - Applicant indicated building would be brickand glass. Contemporary look. Building: - Fire sprinklers. - Are you using security enclosures? Applicant said no. Applicant: - When can we know if a drive"thru is possible? Rob answered that City Council will indicate, after Planning Commission and Architectural Review Committee. Traffic study, comments on circulation must be addressed first, - Rob asked what is tree plan? Applicant answered there is a small opportunity for some planting. Island as you exit drive up and thin planting strip to the north and an island created by angled parking. Indicate number and location of trees, where transplanted to, etc. - If we can't replace all trees what happens? Rob answered as long as there are no oaks or redwoods being removed, then a 24" box replacement would be adequate. IV. WRITTEN COMMUNICATIONS/STAFF COMMENTS: None VI. ADJOURNMENT: I I ~~--~-_._~~- -~-~-~- ATTACHMENT 5 ' ' -~---~~-----'--~-- ----~-I-I I Ir-U . I I : ~ I II P- + I. I: p- I Ii A . , , 'I Ii , , , I I: i I II I I: II! I Ii I I: I IlL I , iI " I I I. I. I 1 ! , , I I i I 1 1 I I I . tl~ - -------~--- (fI (J\ ('> 11\ () (\) c \ll!-" {"I"" ::J"" II m ~ q (\) < m {"I"" -. () :l I i I I 1 ! I , , , ,