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CC 2014-03-25 Supplemental InformationTO: FROM: SUBJECT: DATE: MEMORANDUM CITY COUNCIL TERESA McCLISH~MMUNITY DEVELOPMENT DIRECTOR SUPPLEMENTAL INFORMATION AGENDA ITEM 9.a. -MARCH 25, 2014 CITY COUNCIL MEETING CONSIDERATION OF GENERAL PLAN AMENDMENT 14-001 AND DEVELOPMENT CODE AMENDMENT 14-003 TO CHANGE THE LAND USE DESIGNATION AND PREZONE A 48.74-ACRE PROPERTY (VTTM 3048, HEIGHTS AT VISTA DEL MAR) ADJOINING THE CITY IN THE VICINITY OF CASTILLO DEL MAR FOR THE PURPOSE OF ANNEXATION; APPLICANT-THE HEIGHTS AT VISTA DEL MAR GROUP, LLC MARCH 25, 2014 Staff has been in contact with the Sunrise Terrace Mobilehome Owners Association ("Association") regarding the addition of an emergency access easement on the VTTM 4038 property to serve the mobilehome park (see attached letter dated March 21, 2014 from Dennie Nuvell, President of the Association's Board of Directors). The mobile home park abuts the project property to the southwest. There is an existing parking easement that runs along the Association's back property line for RV storage, and a fence with gate. Staff also met with the applicant who is agreeable to providing an emergency access easement in favor of the Association in the vicinity of the drainage basin. The applicant has formally amended the project description to include the emergency access easement (see attached email of today's date from Jason Blankenship on behalf of the applicant). The Association would be responsible for constructing the access, which would likely be 12' wide and compacted, but not paved. The easement description details would occur with the final map, but the requirement is included in the attached revised Resolution and Ordinance. Attachment cc: City Attorney City Manager City Clerk Teresa McClish From: Sent: Jason Blankenship Uasonone@charter.net] Tuesday, March 25, 2014 2:50 PM To: Cc: Subject: Attachments: Hi Teresa, Teresa McClish Kelly Heffernan RE: PDF of road location Access PDF F.pdf As discussed, The Applicant formally amends our project description to offer access "only" for emergency purposes. as generally depicted on the attached PDF/ map. The Applicant reserves the right to move road location ( if needed) to protect the privacy of the lot. Thanks, Jason Blankenship Land Acquisition & Entitlement Innovative Housing Solutions Inc. PO Box 2331 Pismo Beach Ca 93448 805-431-0906 Phone 805-556-0905 Fax J asonone@charter.net 1 RESOLUTION NO. PAGE2 WHEREAS, the Community Development Department has conducted CEQA initial studies and concluded that environmental impacts associated with the project will be mitigated to a less than significant level; and · WHEREAS, the City Council, after public hearing, consideration of all testimony and evidence presented, finds the Mitigated Negative Declaration appropriate and adequate pursuant to State and local CEQA laws and guidelines and reflects its independent judgment and analysis; and WHEREAS, the City Council, after a duly noticed public hearing on March 25, 2014, consideration of the staff report, all testimony and evidence presented finds the proposed land use map changes as shown on Exhibit "A" attached hereto and incorporated herein by this reference, to be appropriate and consistent with the intent of the 2001 General Plan Update adopted policies, specifically those policies in the Housing Element and Land Use Element; and WHEREAS, after consideration of all testimony and all relevant evidence, the City Council has determined that the following General Plan Amendment findings can be made in an affirmative manner: 1. The proposed amendment of GPA 14-001 to the 2001 General Plan land use element designation provides consistency with the goals, objectives, policies and programs of the General Plan Land Use and Housing Elements; and 2. The proposed GPA will not adversely affect the public health. safety, or welfare with the addition of an emergency access easement in favor of Sunrise Terrace Mobilehome Owners Association; and 3. The proposed GPA has been reviewed 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 the City Council has determined that the impacts of the proposed project as described and included in a draft Initial Study and Mitigated Negative Declaration dated February 21, 2014, have been reduced to an insignificant level. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that the Mitigated Negative Declaration is hereby adopted and the amendments to the General Plan Land Use Map as shown in Exhibit "A" are hereby approved. ORDINANCE NO. PAGE2 WHEREAS, the Community Development Department has conducted CEQA initial studies and concluded that environmental impacts associated with the project will be mitigated to a less than significant level; and WHEREAS, the City Council, after public hearing, consideration of the draft Mitigated Negative Declaration, all testimony and evidence presented, finds the Mitigated Negative Declaration appropriate and adequate pursuant to State and local CEQA laws and guidelines and reflects its independent judgment and analysis; and WHEREAS, the City Council, after a duly noticed public hearing on March 25, 2014, consideration of the staff report, all testimony and evidence presented finds the proposed changes to the zoning map as shown on Exhibit "A" attached hereto and incorporated herein, to be appropriate and consistent with the intent of the 2001 General Plan Update adopted policies, specifically those policies in the Housing Element and Land Use Element; and WHEREAS, after consideration of all testimony and all relevant evidence, the City Council has determined that the following Development Code Amendment findings can be made in an affirmative manner: 1. The proposed amendment is consistent with the goals, objectives, policies and programs of the general plan and will not result in any internal inconsistencies within the plan. The proposed amendment satisfies the following objectives and policies of the Land Use and Housing Elements of the General Plan: Policy LU11-1.4, which requires the City to "restrict new urban single family, multiple family and mobile home uses to infill areas adjacent to existing developments of similar density"; Objective LU10, to "Promote a pattern of land use that protects the integrity of existing land uses, area resources and infrastructure and involves logical jurisdictional boundaries with adjacent communities and the County"; Housing Element Policy A. 1 stating the "City shall adopt policies, programs, and procedures to attempt to meet the present and future needs of residents of the City, and to aim at providing their fair share regional housing need allocated (RHNA) for each income classification, within identified governmental, market, economic and natural constraints"; and Policy A. 8 which states that "The City may annex land on the urban edge to promote orderly growth and the preservation of open space." 2. The proposed amendment will not adversely affect the public health, safety and welfare with the addition of an emergency access easement in favor of Sunrise Terrace Mobilehome Owners Association. 3. The proposed amendment will not result in an illogical land use pattern. There will be adequate provisions for water, sanitation, public utilities and services to serve the subject property. Specifically, water supply has been secured through water RECEIVEO MAR 21 2014 CITY OF ARROYO GRANDE ~ITV DEVELOPMENT Sunrise Terrace Mobilehome Owners Association 345 Sunrise Terrace Drive, Arroyo Grande, CA 93420 PH: 805.489.8430 FAX: 805.489.8431 345sunriseterrace@gmail.com Bo111'd of Directors: Dennie Newell-Pres., Garry Schmidt-V.P., JoAnn White-Treas., Claudine Soares-Sect; Directors: Ken Coffey, Don Poole, John Mellinger March 21, 2014 Teresa McClish, Director City of AG Community Development Department 300 E. Branch Street, Arroyo Grande, CA 93420 Dear Ms. McClish: My name is Dennie Newell and I run writing on behalf of the Sumise Terrace Mobilehome Owners Association (STMOA). Sumise Terrace is a Resident-Owned, Senior Community adjacent to the southwestern boundary of The Heights at Vista Del Mar (HVDM). We support the proposed development of the HVDM; however, we have two concerns to bring to your attention. Our first concem deals with access to and from our park in case of an emergency. We have 300 homes and about 450 senior residents in our mobile home park with one street (Sumise Terrace Drive) that provides our only means of ingress and egress. We have RV parking along a chain link fence that separates our property from HVDM. A few years ago, we evacuated two adjacent RV parking spaces, marked them a 11 No Parking" zone and put a 20 1 gate in that fence, so we now have an alternate means of emergency access. In the event of an emergency that blocks Valley Road or makes Sumise Terrace Drive impassable, we could open the gate in our fence and access the dirt road that traverses this development and connects Vista Del Mar and Falcon Ridge; then, we could use one of the swinging gates to gain access to either of those developments and safely evacuate our residents to the north or south. This route is included in our State of CA mandated Emergency Preparedness and Evacuation Plan (EPEP) which was adopted in September 2010. We have one other alternate means of escape that goes through our Maintenance Yard, through a 10' fence and adjacent 4' fence and across the neighboring farm land, but that route still takes us to Valley Road. We would appreciate your consideration for a permanent means of access using the gate in our fence (which we will relocate if necessary) and one or more of the easements already noted on the HVDM Tract map so that, in an emergency, if Valley Road or access to it is lost, we will still have an alternate means of access out of the park for our residents or into the park by emergency responders. With regard to the Final Tract map, we recently noticed that map does not reflect a perpetual right-of-way/easement which has been granted to our park and I have included copies of recorded documents verifying that right of way/easement. And finally, with respect to this alternate means of ingress and egress for Sumise Terrace, I notice HVDM also has only one road in and out so, in an emergency, this could serve as alternate means of access for their residents or responders as well. Our second concem is to assure that the water runoff from this development does not adversely impact our property and residents during heavy rains (that hopefully will return one day). We have studied the October 2008 Final EIR Addendum and it appears mitigation measures are included to address this concern through the use of a metered-release retention basin. We believe this report reads that the basin and water release mechanism will be monitored and maintained in perpetuity by the HVDM Home Owners Association and the metered releases from that basin will result in downstream flows that are equal to or less than those we experienced before the development ofHVDM. We would appreciate confirmation from the developer and the City of AG that our assessment of this issue is correct. Thank you very much in advance for your consideration. Sincerely, ~eV Phillip D (Dennie) Newell, President STMOA Board of Directors Attachments: Easement and Right of Way documents STMOAEPEP