CC 2014-07-08 Supplemental InformationTO:
FROM:
BY:
SUBJECT:
DATE:
MEMORANDUM
CITY COUNCIL
TERESA MCCLISH!c O;MUNITY DEVELOPMENT DIRECTOR
MATTHEW DOWNING~~SISTANT PLANNER
SUPPLEMENTAL INFORMATION
AGENDA ITEM 11.a. -JULY 8, 2014 CITY COUNCIL MEETING
CONSIDERATION OF PRE-APPLICATION NO. 14-002; SPECIFIC
PLAN AMENDMENT, TENTATIVE PARCEL MAP AND CONDITIONAL
USE PERMIT FOR SUBDIVISION OF TWO (2) COMMERCIAL
PARCELS INTO FORTY-TWO (42) RESIDNETIAL LOTS, ONE (1)
COMMON AREA LOT, AND TWO (2) COMMERCIAL LOTS; LOCATION
-SOUTHWEST CORNER OF EAST GRAND A VENUE AND SOUTH
COURTLAND STREET; APPLICANT -MF/ LIMITED & NKT
COMMERCIAL
JULY 8, 2014
At the request of the applicant for clarification, staff is providing additional information
regarding development proposal history at the subject property in 2010 and 2011.
Additionally, attached are applicable meeting minutes from City Council meetings
identified in the original staff report to provide further information on the history .of the
site.
On November 9, 2010, the Council considered Specific Plan Amendment 10-001,
Tentative Parcel Map 10-001, Conditional Use Permit 10-001, and Conditional Use
Permit 10-003 for the development of over 58,000 square-feet of commercial space,
including a 51,000 square-foot commercial grocer, and the Peoples' Self Help Housing
(PSHH) multi-family apartment complex (Attachment 1 ). During this meeting a motion
was made to adopt a Resolution denying Specific Plan Amendment 10-001. Following
discussion with the City Attorney, the motion was withdrawn. A motion was then made
to return the Mitigated Negative Declaration to the Planning Commission for further
consideration of traffic and traffic related impacts. The motion included returning the
Specific Plan Ameodment to the Planning Commission for revisions to setbacks,
parking, maximum building size, and inclusion of a bus turnout, as well as continuing
the Council's consideration of the projects to a date uncertain. This motion was passed
by a 3-1 vote.
CITY COUNCIL
SUPPLEMENTAL INFORMATION -PRE-APPLICATION N0.14-002
JULY 8, 2014
. PAGE 2
On December 7, 2010, the Planning Commission reconsidered the projects, which had
been modified to include separate commercial pads of 5,800 square-feet, 6,767 square-
feet, 6,700 square-feet, and 39,000 square-feet in place of the 51,000 square-foot
grocer (Attachment 2). Following review of the development, the Planning Commission
recommended the City Council approve the updated proposal. The motion
recommending approval was passed by a 4-0 vote.
On January 25, 2011, the City Council considered the modified project (Attachment 3).
Following discussion and public hearing on the project, the item was continued. On
March 8, 2011, the City Council continued consideration of the modified project
(Attachment 4). It was at this meeting that the PSHH project was approved, while the
modified commercial development was continued and subsequently withdrawn.
Attachments:
1. Minutes of the November 9, 2010 City Council meeting
2. Minutes of the December 7, 2010 Planning Commission meeting
3. Minutes of the January 25, 2011 City Council meeting
4. Minutes of the March 8, 2011 City Council meeting
5. Minutes of the August 24, 1999 City Council meeting denying an auto parts store
on the site
6. Minutes of the March 13, 2001 City Council meeting considering Pre-Application
No. 01-001
7. Minutes of the April 23, 2002 City Council meeting considering Pre-Application
No. 02-001
8. Minutes ofthe June 24, 2003 City Council meeting approving Development Code
Amendment 02-003, Specific Plan Amendment 02-002 and Tentative Tract Map
02-003
9. Minutes of the April 26, 2005 City Council meeting considering Specific Plan
Amendment 03-001
10. Minutes of the July 26, 2005 City Council meeting approving Specific Plan
Amendment 03-001
11. Minutes of the May 31, 2011 City Council and Planning Commission Special
Joint Meeting/Study Session
Minutes: City Council Meeting
Tuesday, November 9, 2010
In response to a request for a brief clarification by Mayor Ferrara, City Att
AITACHMENTl
Page2
explained that the Council uses Sturgis' Rules of Parliamentary Procedure, Robert's Rules
of Order. He further explained that the framework by which the Mayor o es is established by
State law under the Government Code and the Mayor is one of five mbers of the Council with
the same duties and responsibilities, including the right to vote.
8. CONSENT AGENDA
Mayor Ferrara invited members of the public w ·shed to comment on any Consent Agenda
Item to do so at this time. No public comme were received.
Action: Council Member Fellows oved, and Council Member Ray seconded the motion to
approve Consent Agenda lte 8.a. through 8.h., with the recommended courses of action.
City Attorney Carmel re_a e full title of the Ordinance in Item 8.g. The motion passed on the
following roll~call vote·
ellows, Ray, Costello, Guthrie, Ferrara
None
None
9. PUBLIC HEARINGS
Mayor Ferrara declared a conflict of interest on all public hearing items due to ownership of
real. property within 500 feet of the proposed projects. He stepped down from the dais and
left the meeting.
Mayor Pro Tern Guthrie took over the meeting as the Presiding Officer.
9.a. Consideration of Specific Plan Amendment 10-001; Location: Southwest
Comer of East Grand Avenue and South Courtland Street; Applicant: NKT
Commercial.
Community Development Director McClish presented the staff report and stated the
Planning Commission recommended the Council adopt a Resolution denying Specific Plan
Amendment 10-001 regarding Subareas 3 and 4 of the Berry Gardens Specific Plan. She
then responded briefly to questions from Council regarding the-results and time of the traffic
study for the proposals. -
Mayor Pro Tern Guthrie opened the public hearing and invited the applicant and the
applicant's representatives to address the Council first.
Carol Florence, representing applicant NKT Commercial, requested the Council consider
approval of Alternative #2 by taking tentative action to adopt the Mitigated Negative
Declaration and approve Specific Plan Amendment 10-010 as proposed. She then gave a
PowerPoint presentation of the proposed Specific Plan Amendment which included
renderings of the proposed development and vicinity map; the proposed development
versus the originally proposed Berry Gardens Specific Plan development; and an overview
of the development standard amendments requested to the Berry Gardens Specific plan.
·Minutes: City Council Meeting
Tuesday, November 9, 2010
Page3
Nick Tompkins, applicant, provided background history as it related to his negotiations for
acquiring the property beginning in 2006 and his purchase and acquisition of the property in
2007; his discussions with the City for retail development in this area; and provided an
overview of several projects proposed over the years that did not proceed.
Carol Florence continued her presentation of the proposed development including setback
revisions and relocation of Buildings A & B; illustrated examples of streetscape layouts and
pedestrian oriented amenities; showed renderings of the project from various viewpoints,
elevation, and angles; demonstrated ADA access areas, patio views, a proposed planter in
the public right of way; views of the southwest truck dock for the largest building and all
building elevations; displayed the proposed emergency access that could serve as a
pedestrian walkway; demonstrated the line of site from neighboring residential areas; and
displayed. the proposed Peoples' Self Help Housing Site Plan.
Robyn Letters, representing the applicant as a research consultant from Opinion Studies,
gave an overview of her credentials for conducting public opinion surveys; gave a
presentation on the methodology and results of a telephone survey regarding current
shopping habits of residents in Arroyo Grande and surrounding areas, attitudes regarding
the proposed Food 4 Less Courtland Place Project, and the project's impact on future
shopping.
Carol Florence clarified that this was a shopping survey only. She again requested the
Council take action on Alternative #2.
In response to a request by Council Member Ray, Steve Orosz, traffic consultant from
Orosz Engineering Group, explained the results of the traffic .study he conducted and .
responded to questions concerning current average daily trip generation versus the
proposed average daily trip generation if the project is constructed as proposed. He also
responded to questions relating to the bus stop as proposed.
Further Council questions ensued of the applicant regarding clarification on setbacks,
whether there would be a shopping cart corral in the parking lot; clarification regarding
Mitigation Measure 111-2 which requires inclusion of a bus turnout; clarification regarding the
height of the tallest tower proposed; the square footage of the San Luis Obispo Food 4 Less
store; and whether the proposed screening between the two land uses was reviewed by the
Fire Authority.
Nick Tomokins concluded the applicant's presentation by stating there has been a lot of
speculation about the proposed project; gave background information of the Food 4 Less
business and noted the public's high perception of this store and that he did not believe this
to be a big box store, and spoke further in support of approval of the project as proposed.
Scott Smith, representing Peoples' Self Help· Housing Corporation {PSHH), provided a
background of the Corporation and spoke about the need for affordable family housing in
the City; gave background information on the sale and acquisition of properties in the City;
provided an overview of the proposed project (Item 9.c.); and noted that timing for approval
of this project is critical due to PSHH's application for competitive grant funding.
Minutes: City Council Meeting
Tuesday, November 9, 2010
Page4
Bruce Frasier, architect for PSHH, provided an overview of the project and addressed
issues relating to setbacks, the emergency access road, landscape screening between the
projects, fencing, and common open space and playground areas.
Scott Smith responded to additional questions regarding maintenance of the setback area
between the commercial and residential, use of a community room (which he . said is
required to be included ·in this type of project), and clarification of the previously owned
PSHH property and subsequent site trade with VCA Animal Hospital.
Fire Chief Hubert, Five Cities Fire Authority, stated he had reviewed and approved the plan
revisions made to both projects.
Mayor Pro Tern Guthrie called for a break at 9:25 p.m. The Council reconvened at 9:40
p.m.
Mayor Pro Tern Guthrie said the public hearing was open and invited members of the public
to address the Council.
Russell Read, General Counsel for Cookie Crock, noted he had submitted letters in
opposition to the project for the record.
Denise Andreini, LaVida Lane, spoke in support of the Food 4 Less project.
Phyllis Tonne spoke in opposition to the Food 4 Less project.
Bill Corley, Paso Robles, spoke in support of the Food 4 Less project.
Teresa Schultz, Emerald Bay Drive, spoke in opposition to the Food 4 Less project.
Benedene Duffin, Newport Avenue, spoke in opposition to the Food 4 Less project.
Richard Duffin, Newport Avenue, spoke in opposition to the Food 4 Less project.
Del Clegg, owner of Cookie Crock Warehouse, spoke in opposition to the Food 4 Less
project.
Bill Vance, Santa Maria, spoke in opposition to the Food 4 Less project.
Jerry Mclaughlin spoke in opposition to the Food 4 Less project.
Frank Madden, Rodeo Drive, spoke in opposition to the Food 4 Less project.
Mike Miller, Manager of Arroyo Grande Albertson's, expressed concerns regarding the
project and believed it would not result in an increase in sales tax revenue or an increase in
jobs.
Kent Horejsi spoke in opposition to the Food 4 Less project.
Beth Stepnitz, Bakeman Lane, spoke in opposition to the projects.
Aaron Henkel, Aspen, expressed concerns about the ability for truck turning radius on
Courtland and commented on the traffic studies.
Peter Jankay, representing Farmers' Market Association, spoke in opposition to the Food 4
Less project. _
Mike Zimmerman, Arroyo Grande, spoke in opposition to the project.
Crvstall Morgan, Chilton, spoke in opposition to the Food 4 Less project. ·
Anna Scott, read a letter in support of the Food 4 Less ·project on behalf of Rick Castro,
President of Arroyo Grande Community Hospital.
Heather Hellman, San Luis Obispo, spoke in support of the Food 4 Less project.
Minutes: City Council Meeting
Tuesday, November 9, 2010
Pages
John Spencer, Spencer's Market, spoke in opposition of the Food 4 Less project and
submitted a petition containing approximately 237 pages signed by over 3,000 individuals
who oppose the project.
Pam Hyde, Stagecoach Road, spoke in opposition to the Food 4 Less project.
Wendy Beckham, Hillcrest Drive, spoke in opposition to the Food 4 Less project.
John Mack, Loganberry, spoke in opposition to the projects.
Ann Steele, El Camino Real, spoke in opposition to the Food 4 Less project.
Marty Scala, Grover Beach, spoke in opposition to the Food 4 Less project.
Patty Welsh, Pradera Court, spoke in opposition to the proposed design of-the project.
Tom Geishlin, Nipomo, read a letter in support of the project on behalf of a resident who
could not attend.
Maggie Summers, Newport Avenue, spoke in opposition to the Food 4 Less project.
Patrick Dempsey spoke in opposition to the Food 4 Less project.
Mike Fuller spoke in opposition to the Food 4 Less project.
Carol Florence responded to issues regarding the proposed buffer, which she clarified
would be an exclusive use easement; and clarified issues regarding truck circulation where
Courtland Street would be modified.
Steve Orosz noted that the traffic study was updated in October 2009 based on the revised
project.
Hearing ·no further public comments, Mayor Pro Tem Guthrie closed the public hearing.
Council Member Costello provided the following comments:
Clarified the Council had to first consider the proposed Specific Plan Amendment;
Referred to the Planning Commission's denial and findings and stated he agr~d with
the Planning Commission for the most part;
With regard to size and scale, he believed the proposed building was too large;
Agreed that affordable housing is a priority for this' location;
Must balance the commercial use with the residential use;
Acknowledged the compromise on the setback; would like a minimum of 15' setback on
commercial side and minimum 1 O' setback on residential side;
-Acknowledged there was a lot of discussion about competition; however, the issue of a
grocery store is irrelevant because it is an allowed use in this zoning district;
Stated that the issue is the size and scale of the proposed building for the commercial
site;
Referred to a comparison of existing buildings in the area;
Would like to see a smaller footprint for the anchor building;
Noted that the East Grand Avenue Enhancement Plan was not formally adopted and is
used as a guide; must rely on the General Plan and the Berry Gardens Specific Plan;
Acknowledged the project has been revised to meet the California Fire Code;
Acknowledged the applicant has included significant pedestrian oriented, streetscape
and landscaping amenities;
Cannot support the Specific Plan Amendment as proposed and would . like to see it
revised and referred back to the Planning Commission; would like to see a change in
the setbacks and reduce the size of the building;
Minutes: City Council Meeting
Tuesday, November 9, 2010
Page6
Expressed disappointment that the bus stop has been removed; and is not satisfied with
the traffic study and would like to see more information with better calculations.
Council Member Fellows provided the following comments:
-Thanked everyone for their presentations and input, including the ARC and Planning
Commission, and members of the public and other professionals who submitted written
comments;
Commented that he read all the materials thoroughly, including the Mitigated Negative
Declaration which he-did not entirely agree with;
Referred to the back of the Vons which is located against residential development and
found a 40-50 foot setback between the commercial and residential uses;
Stated he had reviewed other Arroyo Grande commercial buildings in the area to gauge
building sizes;
Acknowledged that competition is good; however, it was a matter of what development
is appropriate at this site;
Stated the proposed Specific Plan Amendment is unacceptable and is not right for this
part of the City;
Stated that with the project as proposed, he could not make findings as spelled out in
General Plan policies LUS-2, LU11-1.2, and LU 11-2.2; stated it would create an illogical
land use; the amendment is inconsistent with the General Plan policies;
Stated that a 24-hour store is not good for that location;
Stated that a 10 foot buffer is not acceptable.
Stated a better plan would be something similar to the adjacent development where
CVS is located;
, Believed that the effects of the proposed project would contribute to nearly constant
activity with noise, air pollution, traffic congestion·, as well nighttime glare.
Council Member Ray provided the following comments:
Clarified the intent of the Brown Act as it relates to transparent deliberations among the
Council;
-Thanked members of the public for their comments and civility;
Noted that businesses move locations and/or uses of buildings change over time;
Acknowledged traffic issues expressed during the public hearing;
Stated that the Council must balance many things, including Mr. Tompkin's right to
develop his property within the scope of the regulations, versus the survival of other
businesses; the economic viability of the City with the rural, small town character; the
role of government in the regulation or non-regulation of capitalism; and smart growth
versus promoting potential blight in the City;
Stated that this is not a Spencer's Market versus Food 4 Less issue; should be
encouraging competition as it benefrt.s everyone economically;
Stated Council must be careful not to try and regulate competition;
Stated she has no problem with Food 4 Less itself; however, her issue is that whatever
is built here will remain in perpetuity and the more square footage there is, the more
potential there is for turnover of businesses;
Agreed there should be a 15' setback on the commercial side and 1 O' on the residential
side and emphasized the need for safety in the corridor in between;
Believed that the parking is inadequate at 175 spaces;
Minutes: City Council Meeting
Tuesday, November 9, 2010
Page7
Stated that the proposed 50,000 square foot building is too big and the project is under
parked; could not support the proposed 300:1 ratio;
Stated that the Specific Plan needs additional modifications, specifically with regard to
the parking and setbacks, mass and scale, and minimum building size;
Encourages development in this gateway, even with a grocery store: however, not at the
proposed mass and scale.
Mayor Pro Tern Guthrie provided the following comments:
Stated that Grand Avenue is the only area in Arroyo Grande that can support this type of
use with large buildings and this is the last opportunity to have a large footprint with a
moderate sized supermarket;
Noted that this is the commercial center of our small town;
Believed commercial uses should be close to residential uses;
Referred to the Mitigated Negative Declaration related to traffic; reviewed the report and
accepts the traffic analysis;
Stated that there is nothing about this d~velopment that affects the rural nature of the
City; .
Acknowledged the rural setting of the Village and that this type of project would never be
proposed for the Village; referred to the formula business ordinance that protects the
Village from this type of business;
Stated he was not convinced the East Grand Avenue Enhancement Plan excludes large
buildings, as there are large buildings in this area;
Stated that the proposed intensity of this project is a legitimate point as it relates to the
impact to the surrounding area;
Supported the revisions to the streetscape enhancements which have a better
pedestrian orientation;
With regard to the buffer; he stated this is a mixed-use project and it might be better to
have no buffer and to connect the buildings; does not have any problem with the buffer
as proposed;
Stated he could not approve this without inclusion of the bus stop;
Noted that this is a key development for this portion of the City, to have key services in
the City's commercial core.
Action: Council Member Fellows moved to adopt a Resolution denying Specific Plan
Amendment 10-001 located at the southwest of E. Grand Avenue and S. Courtland Street
applied for by NKT Commercial. Council Member Costello seconded.
Discussion ensµed on whether any of Specific Plan Amendment findings needed to be
addressed. Following brief discussion with City Attorney Carmel regarding the Negative
Declaration, Council Member Fellows withdrew his motion. Staff requested a brief recess
for discussion.
Pursuant to Council policy, Mayor Pro Tern Guthrie moved to continue the meeting past
midnight to 12:20 a.m. Council Member Ray seconded, and the motion passed
unanimously by voice vote.
Minutes: City Council Meeting
Tuesday, November 9, 2010
Page8
City Attorney Carmel requested the Council provide comments on the Mitigated Negative
Declaration based on comments regarding inadequacies in the Negative Declaration
concerning traffic impacts and analysis, and send it back to the Planning Commission with
jhe direction given on the Specific Plan regarding smaller building size, larger buffer
between the residential and commercial uses, and parking issues: and further, to continue
this item as well as Items 9.b. and 9.c. to a date uncertain.
Action: Council Member Costello moved to return the Mitigated Negative Declaration to the
Planning Commission for further consideration on issue of traffic and traffic impacts; to send
the Specific Plan Amendment back to the Planning Commission for revisions to setbacks,
parking, maximum building size, and inclusion of the bus turnout; and to continue this item
to a date uncertain. Council Member Ray seconded, and the motion passed on the
following roll call vote:
AYES: Costello, Ray, Fellows
Guthrie NOES:
ABSENT: Ferrara
9.b. Consideration of Tentative Parcel Map 10-001 and Conditional Use Permit 10-
001: Location: Southwest Comer of East Grand Avenue and South Courtland
Street; Applicant; NKT Commercial.
Recommended Action:. The Planning Commission recommends the City Council
adopt a Resolution denying Tentative Parcel Map 10-001 and Conditional Use
Permit 10-001 for the subdivision of 4.47 acres into three parcels and development
of a 3,750 square foot commercial building, a 4,200 square foot restaurant, and a
50,881 square foot groce'ry store (Subarea 3 of the Berry Gardens Specific Plan). If
the City Council · approves the Planning Commission's recommendation, staff
recommends that the City Council refer the alternative site plan to the Planning
Commission for review.
Council Member Costello moved to continue Item 9.b. to a date uncertain. Mayor Pro Tern
Guthrie seconded, and the motion carried on the following roll call vote:
AYES:
NOES:
Costello, Guthrie, Fellows, Ray
None
ABSENT: Ferrara
9.c. Consideration of Conditional Use Permit 10-003; Location: Southwest Corner
of East Grand Avenue and South Courtland Street; Applicant: Peoples' Self-
Help Housing Corporation.
Recommended Action: The Planning Commission recommends the City Council
deny Conditional Use Permit 10-003 for a thirty-six (36) unit affordable apartment
complex on 1.65 acres (Subarea 4 of the Berry Gardens Specific Plan) based on its
recommendation against adopting the Mitigated Negative Declaration (MND)
prepared for Specific Plan Amendment 10-001 (the Commission did not provide any
findings to deny the proposed project).
Minutes: City Council Meeting
Tuesday, November 9, 2010
Page9
Council Member Costello moved to continue Item 9.b. to a date uncertain. Mayor Pro Tern
Guthrie seconded, and the motion carried on the following roll call vote:
AYES:
NOES:
ABSENT:
None.
Costello, Guthrie, Fellows, Ray
None
Ferrara
13. CITY MAN GER ITEMS
None.
14. COUNCIL COM UNICATIONS
None.
15. STAFF COMMUNICA
None.
16. COMMUNITY COMMENTS
None.
17. ADJOURNMENT
Mayor Pro Tern Guthrie adjourned the m
(Approved at CC Mtg //-J. 3 -d-010 )
MINUTES
PLANNING COMMISSION
DECEMBER 7, 2010
6:00 P.M.
ATTACHMENT 2
L TO ORDER -The Arroyo Grande Planning Commission met in regular session with Vice
· .Chair een presiding; also present were Commissioners Barneich, Ruth and Sperow. Staff
members ttendance were Community Development Director Teresa McClish and Associate
Pl8nner Ryan o ·
·ANNOUNCEMENTS: · Development Director welcomed new Planning Commissioner
Lisa Sperow.
AGENDA REVIEW:
APPROVAL OF MINUTES: On a motion by Commissioner B ich, seconded by Commissioner
Ruth, the minutes of November 2, 2010 were approved as presente
I.
A. ORAL COMMUNICATIONS: None.
B. WRITTEN COMMUNICATIONS AFTER AGENDA PREPARATION:
.. The Commission received the following material after preparation of the agenda:
1. Letter from Cookie Crock Warehouse Alpine Colony Enterprises, Inc., dated 12/6/10
regarding Item II. A. -Specific Plan Amendment 10-001.
2. Letter from Cookie Crock Warehouse Alpine Colony Enterprises, Inc., dated 12/6/10
regarding Item II. B. -Tentative Parcel Map 10-001; CUP 10-001.
3. Letter from Cookie Crock Warehouse Alpine Colony Enterprises, Inc., dated 12/5/10
regarding Item II. C. -CUP 10-003.
4. Letter from Corey Kielan, dated December 3, 2010 regarding Supermarket Delivery Staging
Areas.
5. Letter from Corey Kielan, regarding Courtland Traffic with Food for Less.
6. Letter from Debi Collins, via email 12/7/10, regarding the Food for Less Proposal.
7. Memo to Planning Commission from Community Development Director T~resa McClish
regarding corrections to staff reports -ITEMS II.A., 11.8. and 11.C.
8. Memo to Planning Commission from Community Development Director Teresa McClish
regarding additional informatio,n for ITEM II.A., ATTACHMENT 4.
II. ·PUBLIC HEARING ITEMS:
A. SPECIFIC PLAN AMENDMENT 10-001; SOUTHWEST CORNER OF EAST GRAND
AVENUE AND SOUTH COURTLAND STREET; APPLICANT -NKT COMMERCIAL
Associate Planner Ryan Foster presented the staff report for consideration of an application to
amend the Berry Gardens Specific Plan as it relates to the development of Subareas 3 and 4,
which the Commission has reviewed numerous times. Mr. Foster stated that the Architectural
· Review Committee reviewed and recommended approval of the subject Specific Plan Amendment
and presented the Mitigated Negative Declaration (MND), which has been expanded to further
explain the methodology used for the-conclusions that were reached for traffic impact. Mr. Foster
" answered Commission questions pertaining to the MND.
-----·--··---------------·--------··----··-·---------
PLANNING COMMISSION
MINUTES
DECEMBER 7, 2010
Vice Chair Keen opened the Public Hearing.
-----·--·--·--------------·--•-¥ ___ _
PAGE 2
Carol Florence, Principal Planner, Oasis, representative for NKT, asked the Commission to accept the
development standards as is and answered Commission questions.
Steve Orosz, Traffic Engineer, Orosz Engineering Group, Inc. addressed the truck traffic; indicated he
reviewed the Negative Declaration and answered Commission questions pertaining to traffic.
Community Development Director McClish addressed Russell Read's questions on the environmental
document for the Specific Plan Amendment. ·
The following people spoke concerning the traffic study; large truck traffic; trucks making turn at
Courtland/East Grand Avenue; loading/unloading; delivery hours; two way left turn lanes; drive through
are not allowed in the Mixed Use; public noticing was insufficient; suggested this go back to the Traffic
Commission; the East Grand Avenue Enhancement Plan not being adopted; referred to comments from
City Council Members of the November 9, 2010 City Council meeting; children running out in traffic;
· pedestrians walking to the stores; the Development Standards need to be followed; and stated the
community does not support this project.
Russell Read, East Grand Avenue
John Spencer, Collado Corte
Aaron Henkel, South Alpine
Richard Duffin, Newport Avenue
Beatrice Spencer, Collado Corte
Patrick Dempsey, Collado Corte
-Bill Vance, E. Foster Road, Santa Maria
-John Mack, Loganberry Avenue
-Benadene Duffin, Newport Avenue
-Mike Zimmerman, East Branch Street
-Michael Morrow, Raspberry Avenue
-Debbie Collins, Santa Maria
In answer to Commissioner Barneich question, Community Development Director McClish stated she
would like to see clarification of the policy on drive-thru in the Specific Plan.
Mr. Orosz answered Commission questions regarding the Traffic Study.
Commissioner Ruth made a motion, seconded by Commissioner Barneich, recommending that the
City Council adopt a Mitigated Negative Declaration and approve Specific Plan Amendment 10-
. 001; located at the southwest corner of East Grand Avenue and South Courtland Street; applied
for by NKT Commercial with the following modifications:
• Add a condition that bike lanes be incorporated on south Courtland Street.
• Add a condition that trucks and pedestrian conflicts be minimized.
RESOLUTION NO. 10-2116
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO
GRANDE RECOMMENDING THE CITY COUNCIL ADOPT A MITIGATED
NEGATIVE DECLARATION AND APPROVE SPECIFIC PLAN AMENDMENT 10·
001; LOCATED AT THE SOUTHWEST CORNER OF EAST GRAND AVENUE AND
SOUTH COURTLAND STREET; APPLIED FOR BY NKT COMMERCIAL
The motion was approved by the following roll call vote:
------··------------···-·-·. ··-----------·-·-------------·--···-··········-. --········· ..... ·-·-·------·------·-·--~·-r-·
PLANNING COMMISSION
MINUTES
DECEMBER 7, 2010
AYES:
NOES:
ABSENT:
Commissioners Ruth, Barneich, Keen and Sperow
None
Commissioner Martin
the foregoing Resolution was adopted this ih day of December 2010 .
. _ The Commission took a break at 8:18 pm and reconvened at 8:30 pm.
PAGE3
8. TENTATIVE PARCEL MAP 10-001 AND CONDITIONAL USE PERMIT 10-001;
SOUTHWEST CORNER OF EAST GRAND AVENUE AND SOUTH COURTLAND STREET;
APPLICANT -NKT COMMERCIAL
Associate Planner Ryan Foster presented the staff report for consideration of an application to
subdivide 4.47 acres into four (4) parcels of 20, 107, 25,759, 24,673 and 109,905 square feet
respectively and construct four (4) commercial buildings of 5,800, 6,767, 6,700 and 36,100 square
.. feet respectively. Mr. Foster stated that the Architectural Review Committee reviewed and
recommended approval of the Tentative Parcel Map and Conditional Use Permit. Mr. Foster
indicated that the project has been revised to be consistent with direction received from the City
Council regarding the Specific Plan Amendment.
Vice Chair Keen opened the Public Hearing.
Carol Florence, Principal Planner, Oasis, representative for NKT, asked the Commission to recommend
to the Council approval of the Tentative Parcel Map and Conditional Use Permit. Ms. Florence gave a
" power point presentation of the project and answered Commissioner's questions.
Steve Orosz, Traffic Engineer, Orosz Engineering Group, Inc. indicated he prepared the Traffic Study
for Courtland/East Grand Avenue, which was for a larger project; indicated the City Council provided
comments and those have been added to this study; the Traffic Commission did review the previous
study, which was for a larger project. Mr. Orosz answered Commissioners questions relating to traffic.
The following people spoke concerning the truck delivery hours; truck turns; location of loading dock;
.. pedestrian traffic; quality of life for both proposed Peoples' Self Help and existing Berry Gardens
residents suggested to follow the Gateway Plan; would like another traffic study; and oppose the
project.
John Spencer, Collado Corte
Richard Duffin, Newport Avenue
Bill Vance, E. Foster Rd, Santa Maria
Jerry Mclaughlin, Farrall Avenue
Beth Stepnitz, Bakeman Lane
-Beatrice Spencer, Collado Corte
-Benadene Duffin, Newport Avenue
-Wendy Beckham, Hillcrest Drive
-Patricia Ebbert, South Mason Street
Aaron Henkel, South Alpine, indicated you have to make assumptions; disagreed with the Traffic
Consultant's study regarding standard size truck; and encouraged the Commission to look at the big
picture in terms of larger trucks.
John Mack, Loganberry Avenue, read excerpts from the City's Development Code; expressed concern
with drive-thru, trash location, noise, equipment; question bio-swales; lack of open space is an issue;
question where will water run; and said the project does not fit in with Berry Gardens.
·---·-···---------------------· ---·-·------------------------·---·-··----------------.-----····-
PLANNING COMMISSION
MINUTES
DECEMBER 7, 2010
PAGE4
Patrick Dempsey, Collado Corte, said it does not make sense to do the Negative Declaration before
you know what the project is; concern with trucks going across the front; the loading dock is
problematic; and opposes the project.
Ken Trosi, would like to see the Peoples' Self-Help Housing expanded.
On motion by Commissioner Sperow, seconded by Commissioner Barneich and unanimously carried
the meeting was continued to 11 :00 pm.
Carol Florence indicated that the traffic study looked at specific criteria and was reviewed by staff; the
noise issue has been addressed; addressed interim low impact development requirements (LID) but
stated the City does not have an ordinance; indicated that they have been working with People's Self
Help Housing; and will be looking at bioswales.
Associate Planner Foster and Community Development Director answered questions of the
Commissioners regarding the Traffic Study (i.e. length of trucks; bulb o·uts, maintenance of
. improvements).
In answer to Commissioner Sperow, staff indicated that the original traffic study was presented to
the Traffic Commission and the revised study will come before the Traffic Commission at a Special
Meeting on January 10, 2011.
The Commissioners expressed:
• concern with the length of delivery trucks; loading/unloading of delivery trucks being
unsafe; who will be responsible of maintaining bulb outs; where are school bus stops and
will they be affected; trash receptacles; curb return radius on East Grand Avenue onto
Courtland Street would entail moving traffic signal back.
• support Pad A, B, D; project architecture; revised setbacks because zero setback would
not work; parking, loading dock being moved from west to east; colors for Pad A.
• need a pedestrian walkway from pad 8 to C; and bike lanes should be incorporated.
• Traffic Study should be sent back to Traffic Commission for review;
• curb return radius on East Grand Avenue onto Courtland Street would entail moving traffic
signal back.
Carol Florence indicated they would move the loading dock from the west to the east side; can
work on walk way aspect; will work with traffic consultant on turning radius and addressed other
concerns from the Commissioners.
Community Development Director McClish indicated that staff would recommend adding a condition
that all trash receptacles shall be screened and submitted to the Community Development Department,
which would be submitted to Architectural Review Committee.
Commissioner Barneich made a motion, seconded by Commissioner Ruth, recommending that the
City Council approve Tentative Parcel Map 10-001 and Conditional Use Permit 10-001; located at
the southwest corner of East Grand Avenue and South Courtland Street; applied for by NKT
Commercial, with the following modifications:
PLANNING COMMISSION
MINUTES
DECEMBER 7 I 2010
• The trash receptacles shall be screened.
• The loading dock shall be moved from the west to the east side.
PAGES
• Turning radius, loading dock and bike lanes be brought before the Traffic Commission
for review.
• One tree shall be added in front of Pad B.
RESOLUTION NO. 10-2117
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO
GRANDE RECOMMENDING THE CITY COUNCIL APPROVE TENTATIVE PARCEL
MAP 10-001 AND CONDITIONAL USE PERMIT 10-001; LOCATED AT THE
SOUTHWEST CORNER OF EAST GRAND AVENUE AND SOUTH COURTLAND
STREET; APPLIED FOR BY NKT COMMERCIAL
·· The motion was approved by the following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners Keen, Barneich, Ruth, Sperow
None
Commissioner Martin
the foregoing Resolution was adopted this 7th day of December 2010.
C. CONDITIONAL USE PERMIT 10-003; SOUTHWEST CORNER OF EAST GRAND AVENUE
AND SOUTH COURTLAND STREET; APPLICANT -PEOPLES' SELF-HELP HOUSING
CORPORATION
Associate. Planner Ryan Foster presented the staff report for consideration of an application to
·construct a thirty-six (36) unit apartment complex on 1.63 acres. Mr. Foster stated that the
.Architectural Review Committee reviewed and recommended approval of the Conditional Use
Permit.
Vice Chair Keen opened the meeting for public comments:
Scott Smith, representative of Peoples' Self-Help Housing, gave a brief history and description of how
the Peoples' Self Help Housing operates.
Don Love, Fraser Seiple Architects presented to the Commission the previous site plan and the current
site plan and answered Commissioners questions.
Commissioner Ruth, seconded by Commissioner Sperow, recommended. that the City Council
.. approve Conditional Use Permit 10-003; located at the southwest corner of East Grand Avenue
and South Courtland Street; applied for by Peoples' Self-Help Housing.
RESOLUTION N0.10-2118
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO
GRANDE RECOMMENDING THE CITY COUNCIL APPROVE CONDITIONAL USE
PERMIT 10-003; LOCATED AT THE SOUTHWEST CORNER OF EAST GRAND
AVENUE AND SOUTH COURTLAND STREET; APPLIED FOR BY PEOPLES'
PLANNING COMMISSION
MINUTES
DECEMBER 7, 2010
SELF-HELP HOUSING
The motion was approved by the following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners Ruth, Sperow, Barneich, Keen
None
Commissioner Martin
the foregoing Resolution was adopted this 7th day of December 2010.
II . NON-PUBLIC HEARING ITEMS: None.
----.---·-------·-~·-·
PAGES
IV. EFERRAL ITEMS FOR COMMISSION ACTION/NOTICES OF ADMINISTRATIVE
D CISIONS SINCE NOVEMBER 16 2010: None
VI. PLANNIN COMMISSION ITEMS AND COMMENTS:
Commissioner Bar eich commented on wing signs. Commissioner Keen reported there is a card
board sign on the s1 ewalk on East Grand Avenue, Spencer's Shopping Center, for the coffee
shop. Commissioner th thanked the Guiterrez's from Branch Street Deli for providing coffee to
citizens at a recent functio
VII. COMMUNITY DEVELO MENT DIRECTOR COMMENTS AND FOLLOW-UP: None.
VIII. ADJOURNMENT:
· On motion by Commissioner Ruth, se ended by Commissioner Sperow and unanimously carried,
the meeting adjourned at 11 :15 p.m.
ATTEST:
~fdW~A
AS TO CONTENT:
'lt~if!A-~ TERE A MiC Is: COMMUNITY DBTELOPMENT DIRECTOR
(Approved at the January 18, 2011 meeting)
r
I
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Minutes: City Council/Redevelopment Agency Meeting
Tuesday, January 25, 2011
ATTACHMENT 3
Page5
o of the letter of the costs sent to Mr. Moore be provided to Ms. Welsh. In response to a
ques 1 om Council Member Guthrie on whether this action would preclude the Council from
taking furthe ion to recover costs. City Attorney Carmel replied it would not.
Action: Council Member · moved to approve Item 8.h. as recommended. Mayor Pro
Tern Ray seconded, and the motion d on the following roll-call vote:
AYES:
NOES:
Guthrie, Ray, Costello, Brown, Ferrara
None
ABSENT: None
9. PUBLIC HEARINGS
Mayor Ferrara announced a conflict of interest due to ownership of real property near the
project, stepped down from the dais, and left the meeting.
Mayor Pro Tern Ray took over as Presiding Officer.
9.a. Consideration of Specific Plan Amendment 10-001; Amend the Berry Gardens
Specific Plan as it Relates to Development of Subareas 3 and 4; Location -
Southwest Comer of East Grand Avenue and South Courtland Street;
Applicant: NKT Commercial.
Recommended Action: The Planning Commission recommends the City Council adopt
a Resolution adopting a Mitigated Negative Declaration and approving Specific Plan
Amendment 10-001.
Council Member Brown asked if the developer has any entitlements with regard to the parcel.
City Attorney Carmel responded he was not aware of any entitlements.
Council Member Brown stated that staff has said from the beginning of this process that the
Council cannot dictate the type of use there and asked if an overlay or ordin~nce could have
been utilized to regulate the amount of space for food sales or to eliminate grocery stores as an
allowed use. Director McClish acknowledged the discussion and stated that yes, in the Specific
Plan, you can define or regulate uses different than those in the underlying zoning district. She
reminded the Council that in terms of the existing conditions on site, there is an existing Specific
Plan in effect and there is a request for an amendment to that Plan. She said the uses defined
in that Specific Plan are the same uses that are identified in the Gateway Mixed Use zoning
district.
Council Member Brown stated when he was on the Planning Commission, it was explained
differently than what he was now hearing. He commented that if the Specific Plan is being
opened up for other issues, then other amendments should be possible, including the
elimination of certain uses.
City Attorney Carmel explained there are pending completed applications that were processed
in good faith by the -City and further explained the need to take action on the proposals currently
being presented. He confirmed that the Council has the ability to regulate uses in a Specific
Plan.
Minutes: City Council/Redevelopment Agency Meeting
Tuesday, January 25, 2011
Page6
Council Member Guthrie asked for clarification on the entitlement question. Director McClish
responded that the Specific Plan is in place, it does not match the current proposal, and it needs
to be amended to reflect the existing property lines due to a lot line adjustment that had
previously taken place. City Attorney Carmel explained the Specific Plan is not an entitlement
but is part of the legal framework for entitlements, and explained the discretionary review
process.
Mayor Pro Tern Ray opened the public hearing.
Bob Boyd, Palm Court, spoke in opposition to a grocery store at the proposed location.
Hearing no further comments, Mayor Pro Tern Ray closed the public hearing.
Action: CounCil Member Guthrie moved to continue the public hearing to the next Regular
City Council Meeting of February 8, 2011. Council Member Brown seconded, and the motion
passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Guthrie, Brown, Costello, Ray
None
Ferrara
9.b. Consideration of Tentative Parcel Map 10-001 and Conditional Use Permit 10-
001; Subdivide 4.47 Acres into Four (4) Parcels of 0.51, 0.59, 2.56 and 0.57
Acres and Construct Four (4) Commercial Buildings of 5,800, 6,767, 35,786 and
5, 700 Square Square Feet Respectively; Location -Southwest Corner of East
Grand Avenue and South Courtland Street; Applicant: NKT Commercial.
Recommended Action: The Planning Commission recommends the City Council
adopt a Resolution approving Tentative Parcel Map 10-001 and Conditional Use
Permit 10-001.
Action: Council Member Brown moved to continue the public hearing to the next Regular City
Council Meeting of February 8, 2011. Council Member Guthrie seconded, and the motion
passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Brown, Guthrie, Costello, Ray
None
Ferrara
9.c. Consideration of Conditional Use Pennit 10-003; Construct a Thirty-Six (36)
Unit Apartment Complex on 1.63 Acres; Location -Southwest Comer of East
Grand Avenue ·and South Courtland Street; Applicant -Peoples' Self-Help
Housing Corporation and Affordable Housing and Loan Agreement. (CC/RDA]
Recommended Action: The Planning Commission recommends the City Council adopt
a Resolution approving Conditional Use Permit 10-003. In addition, staff recommends
that the Redevelopment Agency Board of Directors adopt a Resolution approving an
affordable housing and loan agreement and authorize the Executive Director to execute
Minutes: City Council/Redevelopment Agency Meeting
· Tuesday, January 25, 2011
Page7
the agreement.
Action: Council Member Brown moved to continue the public hearing to the next Regular City
Council Meeting of February 8, 2011. Council Member Guthrie seconded, and the motion
passed on the following roll call vote:
AYES:
NOES:
Brown, Guthrie, Costello, Ray
None
ABSENT: Ferrara
(a) OR FERRARA:
San Luis Obispo Council of Governments/San Luis Obispo
gional Transit Authority (SLOCOG/SLORTA). Announced that
su lemental funding may be available for rehabilitation of the Bridge
Stree Bridge.
(2) South an Luis Obispo County Sanitation District (SSLOCSD).
Alternate ttended in his absence.
(3) Brisco/Ha onfHwy 101 Interchange Project Subcommittee. The
Subcommitte will be meeting with staff to put together two community
workshops on e project alternative.
(4) Other. Will be r: urrecting the Recreation Center Subcommittee to
take a look at som alternatives for the community recreation center
proposed for Old Ran h Road and W. Branch Street.
(b) MAYOR PRO TEM RAY:
(1) Economic Vitality Corp ation (EVC). Meets next week; Mr.
Manct'1ek will be giving a pre ntation to the Council at the February
s•h meeting.
(2) California Joint Powers lnsura e Authority (CJPIA). Aside from
routine business, the CJPIA Boal'1 ·s considering the addition of a
District.
(3) Tourism Committee. Meets next week.
(4) Other. None
(c) COUNCIL MEMBER COSTELLO:
(1) Zone 3 Water Advisory Board. Reported there is
at Lopez available to the communities that p icipate; also
recommending buying emergency State water suppl
"i
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Minutes: City CounciURedevelopment Agency Regular Meeting
Tuesday, March B, 2011
9. PUBLIC HEARINGS
ATTACHMENT 4
Page3
Consideration of Community Development Block Grant Projects for Year 2011.
Associate anner Heffernan presented the staff report and recommended the Council adopt a
Resolution ap ving CDBG Project funds for Year 2011.
Mayor Ferrara open the public hearing. Speaking from the public in support of staffs
recommendations were earl Munick, representing Transitional Food and Shelter; carol
Florence, representing Big thers Big Sisters; Maria Torres, representing Mission Community
Services Corporation; Camey d, representing Chameleon Fine Furniture and speaking on
behalf of Mission Community Se · s Corporation; Stephane Michel, representing CAPSLO
Homeless Services; and Laura Mohaje presenting Alliance for Pharmaceutical Access. There
were no other comments received, and the blic hearing was closed.
Action: Council Member Costello moved to adop Resolution, as follows; 11A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF ARRO GRANDE APPROVING COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS Council Member
Guthrie seconded, and the motion passed on the following roll
AYES:
NOES:
ABSENT:
Costello, Guthrie, Brown, Ray, Ferrara
None
None
Mayor Ferrara declared a conflict of interest relating to Items 9.b., 9.c., and 9.d. due to
· ownership of real property within 500 feet of the proposed project, stepped down from the dais,
and left the meeting.
Mayor Pro Tern Ray took over as Presiding Officer.
·:
9.b. Consideration of Specific Plan Amendment 10-001; Amend the Berry Gardens
Specific Plan as it Relates to Development of Subareas 3 and 4-;: Location -
Southwest Corn~r of East Grand Avenue and South Courtland Stree~-Applicant:
NKT Commercial.
Community Development Director McClish referred to correspondence received today from the
applicant and included in the Supplemental Memorandum distributed to Council regarding Items
9.b. and 9.c. which requests the Council limit consideration of the Specific Plan Amendment to
Subarea 4 for the Peoples Self Help Housing project and continuing Item 9.c. (Subarea 3) to a
date uncertain.
Associate Planner Foster presented the staff report and provided an Alternative
recommendation to adopt the Mitigated Negative Declaration and adopt a revised Resolution
with a revised Exhibit 8 designating Subarea 3 as an unplanned area .and establishing
development standards for Subarea 4 only. Staff responded to questions from Council.
Mayor Pro Tern Ray opened the public hearing. Speaking from the public were Nick Tompkins,
applicant, representing NKT Commercial; and asking for clarification about the proposal were
.Richard Duffin; Benadene Duffin; Russell Read representing Cookie Crock Warehouse; John . .
Minutes: City CounciURedevelopment Agency Regular Meeting
Tuesday, March 8, 2011
Page4
Mack; and Beth Stepnitz. There were no other comments received, and the public hearing was
closed. .
Action: Council Member Brown moved to adopt a Resolution, as modified, as follows: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A
MIT/GA TED NEGATIVE DECLARATION AND APPROVING SPECIFIC PLAN AMENDMENT
10-001; LOCATED AT THE SOUTHWEST CORNER OF EAST GRAND A VENUE AND
SOUTH COURTLAND STREET; APPLIED FOR BY NKT COMMERCIAL". Council Member
Guthrie seconded, and the motion passed on the following roll call vote:
AYES:
NOES:
"ABSENT:
Brown, Guthrie, Costello, Ray
None
Ferrara
. 9.c. Consideration of Tentative Parcel Map 10-001 and Conditional Use Permit 10-001;
Subdivide 4.47 Acres into Four (4) Parcels of 0.51, 0.59, 2.56, and 0.57 Acres and
Construct Four (4) Commercial Buildings of 5,800, 6,767, 35,786 and 5,700 Square-
feet Respectively; Location -Southwest Corner of East Grand Avenue and South
Courtland Street -Applicant: NKT Commercial.
As noted earlier, the applicant requested a continuance of Item 9.c. to a date uncertain.
Action: Council Member Brown moved to continue Item 9.c. to a date uncertain. Council
Member Guthrie seconded, and the motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Brown, Guthrie, Costello, Ray
None
Ferrara
9.d. Consideration of Conditional Use Permit 10-003; Construct a Thirty-Six (36) Unit
Apartment Complex on 1.63 Acres; Location -Southwest Comer of East Grand
Avenue and South Courtland street; Applicant -Peoples' Self Help Housing
Corporation and Affordable Housing and Loan Agreement. [COUNCIURDA]
Associate Planner Foster presented the staff report and recommended the Council adopt a
Resolution approving Conditional Use Permit 10-003 to construct a t~irty-six unit apartment
complex on 1.63 acres. In addition, staff recommended that the Redevelopment Agency Board
of Directors adopt a Resolution approving an Affordable Housing and Loan Agreement and
authorize the Executive Director to execute the Agreement.
Mayor Pro Tern Ray opened the public hearing. Speaking from the public in support of the
project were Scott Smith and Bruce Frasier, representing Peoples' Self Help Housing. Other
members of the public who spoke and expressed concerns about the project were Jeff Buhler,
John Mack; Carla Wiley; Barbara White; and Wendy Beckham. There were no other comments
received, and the public hearing was closed.
Action: Council Member Brown moved to adopt a Resolution, as follows: ·~ RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL
USE PERMIT 10-003; LOCATED AT THE SOUTHWEST CORNER OF EAST GRAND
f--
• I·
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l
I --··-i
Minutes: City CounciURedevelopment Agency Regular Meeting
Tuesday, March 8, 2011
Page 5 ·
AVENUE AND SOUTH COURTLAND STREET; APPLIED FOR BY PEOPLES' SELF-HELP
HOUSING". Council Member Costello seconded, and the motion passed on the following roll
' call vote:
AYES:
NOES:
ABSENT:
Brown, Costello, Guthrie, Ray
None
Ferrara
. Action: Board Member Costello moved to adopt a Resolution, as follows: uA RESOLUTION OF
THE ARROYO GRANDE REDEVELOPMENT AGENCY APPROVING AN AFFORDABLE
HOUSING AND LOAN AGREEMENT FOR THE DEVELOPMENT OF AN AFFORDABLE
HOUSING RENTAL PROJECT AND FINDING THAT THE AGENCY'S EXPENDITURE OF
LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE BOUNDARIES OF THE
ARROYO GRANDE REDEVELOPMENT PROJECT AREA BENEFITS THE PROJECT
AREA11
• Vice Chair Ray seconded, and the motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
None.
Costello, Ray, Guthrie, Brown
None
Ferrara
13. CITY MANAGER EMS
a) Request from Villag mprovement Association to reconsider closure of E. Branch Street for .
April 30, 2011 Farmer's arket.
City Manager Adams reporte ihat the Village Improvement Association had requested the
Council reconsider closure of E. nch Street in April due to negative impacts it would have on
Village businesses. The Council una ·mously concurred with the request.
b) Request for direction whether to mai in or delay City Hall Ribbon Cutting Ceremony due
to delays in elevator installation schedul
In response to a request for direction by City Man er Adams, the Council agreed unanimously
to maintain the date of March 26, 2011 as the date fo e City Hall Ribbon Cutting Ceremony.
14. COUNCIL COMMUNICATIONS
Council Member Brown expressed concern about the cross t was stolen from St. John's
Lutheran Church and encouraged those responsible to return t
asked.
CITY COUNCIL MINUTES ·
AUGUST 24, .1999
ATTACHMENT 5
to Agenda Item 7 .a., and correspondence received
PUBLIC HEARINGS
7.a. BERRY GARDENS SPECIFIC PLAN AMENDMENT 99-001. cup 99-005.
PLANNED SIGN PROGRAM 99-001
Interim Community Development Director Buford highlighted the Staff Report. He
explained that the Berr}' Gardens Specific Plan established four· subareas with
subarea 1 "being devoted to residential, and subareas 2, 3 and 4 subject to
·development applications by the property owner and approved by the City as a
Specific Plan AmEmdment. . He explained that Autozone has proposed a
development in subarea 4 that would face Grand Avenue. He stated that the
Pl~nning Commission reviewed the project and recommended denial of the
Specific Plan Amendment 99-001, Conditional Use Permit 99-005, and Planned
Sign Program 99-001. ·
Council questions of st~ff included:
Mayor Pro Tern Ferrara:· 1) asked if subarea 4 is under one ownership; and 2) is
there anything in the Specific Plari that approves phasing of the subareas 3 and 4.
Director Buford responded that subarea 4 was under one ownership and there
was not anything in the Specific Plan that approved phasing of the s~bareas.
Council Member Dickens: 1) inquired if the Specific Plan ·identified particular
types of commercial uses for the area. Director Buford replied no.
After being assured that the Public Hearing had been duly published and all legal
requirements met, Mayor Lady opened the Public Hearing. · ·
Arthur Nave1 Regional Design Manager, spoke in favor of the project and .gave a
brief background on Autozone's target market area, ·customer base, experience
· and number of personnel~ parking lot issues, and hours of operation. He stated
that changes to' the design of the project had been made since the Planning
Commission meeting.
Rob Strong, Strong Planning Services, spoke in favor of the projec~ and stated he
had ·originally assisted the developer on creating the Berry Gardens Specific
Plan. He spoke about attempts to coordinate the project with the four property
owners; the fact that subarea 3 and 4 are the only commercial zoned parcels that
2
CITY COUNCIL MINUTES.
AUGUST 24, 1999
front Grand Avenue that are in a Specific Plan; recognized the need to coordinate
the uses of the two parcels; .access to the development; and the extens·ion of
Courtland Street to Ash. He stated they are proposing refinements be made to
the Specific Plan relating. to the ponding basin, P.ermitted and conditional uses,
and access and utility easements. He explained the proposed Autozone
development and stated that there is a potential maximum for a 6~,000 square .
foot project if another devel~per wants to acquire the property,. · Mr. Strong
explained that the auto-parts use is the one issue that could not be resolved. He
said they have met the intent of the Specific Plan; however, they want direction
from the. Council tonight if the use is not acceptable. He stated the owner of the
property is an auto parts retail storeowner and he cannot compromise the use·for
the property. He said there has been major enhancement of the project since the .
. review by the Planning Commission to addre~s its concerns.
There was discussion whether the applicant was willing to move the location of
the buil_ding_on the parcel so that it was not on the Grand Avenue frontage; and
wheth_er the applicant was willing to meet with the adjacent property owner of
.subarea 3 to coordinate development efforts.
Dennis Allan, Allan Real Estate Investments, representative for the Matsumoto .
family, said the family did not have any objection to Autozone and they see the
development as a collaborative effort. He requested a sixty-clay continuance in
order for the family to get together with the Autozone representatives. He said
the· family had concerns that a third party was providing develo·pment designs
and concepts, and that a combined effort of the owners would be a benefit to the ·
c~ . .
John Keen, Planning Commissioner, stated he had been on vacation and not at
the Planning Commission meeting when this item was considered. He said that
.significant changes had been made to the project and the project should go back
to the Traffic Commission and the.Planning Commission for review.
Otis Page, 606 Myrtle, agreed with Mr. Keen.
Hearing no further comments, Mayor Lady closed the hearing t~ the floor.
Council Members discussed the positioning of the project in relation to the Berry
·Gardens project. There was Council consensus that ~n auto parts store was not
the desired vision for the entryway to the City and ·the Berry Gardens project.
There is a significant share of auto parts stores that currently exist on Grand
Avenue. Council concurred in encouraging the applicant to collaborate With the
other property owners in the development of the properties.
3
CITY COUNCIL MINUTES
AUGUST 24, 1999
After further Council discussion, Mayor Pro Tern Ferrara moved to deny Specific
Plan Amendment 99-001, Conditional Use Permit 99-005, and Planned Sign
Program 99-001.-Council Member Dickens seconded the motion.
_Voice Vote
LRoll Call Vote ·
~Lady
AlttLFerrara
~Runels·:·
AyJJ_Tolley ·
Ay§_Dickens
There being 5 AYES and 0. NOES, the motion is hereby declared to be passed.
Council Member Dicke asked for clarification on the billing services · in B.
Goodrow's bid. Mr. Worre explained that B. Goodrow's quote for· billing services
was above and beyond the1 base quote for Option 4. He explained that South
County Sanitary would not be harging for billing services since it already bills
for refuse. '-·
After being assured that the· Public He ring had been duly published and all legal.
requirements met, Mayor Lady open the Public Hearing. ·Hearing no
comments, the Mayor closed the hearing to e floor.
Council Member Dickens stated one of the significant differences in the
proposals between B. Goodrow and South Co ~ Sanitary was for public
educa_tion. He did not think that So~th County addres d the issue adequately.
Tom Martin, South County Sanitary, responded that t re is a -budget for
promotion in the contract. He explained that South County Sa "tary currently has
programs within the Lucia Mar Unified School District to prom e recycling; an
annual mailer; and has participated in City events.
Couricil Member Dickens suggested an increased effort needs to be ade to
educate the public, and he would like to see a specific program laid out·
the. City knows what to expect from the contractor.
4
CITY COUNCIL MINUTES
MARCH 13, 2001
.PAGE7
ATIACHMENTG
-i3Uit:felifte6,..JWititt' h a view towards remov.ing the ambiguity and potential for conflicts, and
to bring those re tions back to the Council by October, 2001. Council
Member Dickens .seconded the mo 1 , • carried unanimously by voice
vote.
11.d. Pre-Application Case No. 01-001; Subarea 2 of the Berry· Gardens Specific
Plan; S&S Homes.
Associate Planner Heffemon presented -the staff report. She explained the applicant is
requesting feedback on a proposed 23-unit residential subdivision located within
Subarea 2 of the Berry Gardens Specific Plan. She responded to questions from
Council regarding clarification. on zoning and the requirement for a Specific Plan
Amendment, General Plan Amendment and Development Code Amendment, and
whether there was more room to essentially extend the Berry View Lane cul-de-sac for
more vehicle maneuvering capabilities.
Mayor Lady opened up the discussion for public comment.
John Mack, architect and representative for S&S Homes, gave a brief overview of the
· history of the project and requested that the City allow the developer to put in all the
streets, relocate and underground all the power poles along· Ash Street. He stated this
was the first proposed plan to extend the Berry Gardens project. He explained there
would be a dedication of 20 feet in front of Ash Street for a meandering pathnandscape
buffer between the homes and the Soto Sports Complex.
Council Member Dickens referred to the Berry View Lane cul-de-sac and suggested the
installation of an island or planter to create a visual barrier for those traveling down
Courtland Street. He asked if the proposed homes would be of the same neotraditional
design and criteria as Subarea 1.
Mr. Mack responded that the plans are a carry-over from Berry Gardens which are of a
neotraditional design, with the garages located in the back.
Council Member Dickens expressed. serious concerns about the need for affordable
housing within the City. He highly recommended the applicant consider providing as
much on-site affordable housing as possible as part of this project. He also encouraged
the applicant to apply for the in-lieu fees that the City has collected. He spoke of the
limited amount of space left in the .City for affordable housing. Additionally, Council
Member Dickens asked questions regarding the enlargement of the proposed drainage
basin.
Mr. Mack replied that there were two options for enlarging the basin. He said if it could
not be deepened, it could be expanded horizontally. Mr. Mack informed the Council that
the developer had already contacted the Housing Authority to discuss what types of
affordable housirig programs are available and how they work. He explained that S&S
------·---·---·---
CITY COUNCIL MINUTES
MARCH 13, 2001
PAGES
had successfully constructed affordable housing projects in the past and was open to
this option.
Mayor Pro Tern Ferrara asked what the price range of the homes would be.
Mr. Mack replied it would ·be an extension of the sales range of the Berry Gardens
project which start in the mid $200,000's and go up to mid $300,000.
Council Member Runels asked a question about the location of the property line .
. Mr. Mack replied the property line was located at the back of the sidewalk.
Hal Rosen, Executive Director of Affordable Homes, spoke of how affordable housing
projects can be retained in the affordable housing category through various enforceable
restrictive covenants and agreements. He gave an overview of affordable housing
programs and the desperate need in this County to provide affordable housing for low to
moderate income persons.
In response to questions by Mayor Pro Tern Ferrara, Mr. Rosen explained how deed
restrictions are utilized to ensure that when affordable housing units are sold they
remain in the affordable housing inventory; and confirmed that there is a greater need
for more single family affordable housing units than multi-family affordable housing
units.
Hearing no further public comments, Mayor Lady thanked Mr. Rosen for his comments
and brought the discussion back to the Council.
Council Member Dickens reiterated his desire for creating affordable housing within the
City; stated that the City needs to utilize the in-lieu fees it has collected· to facilitate the
construction of affordable housing; and suggested that the applicant work with staff on
this issue.
Council Member Runels stated his support of this proposed extension of the Berty
Gardens project and supported the proposed street layout.
Council Member Lubin agreed with the need for providing affordable housing in the City.
He encouraged the applicant to pursue any funds that were available for affordable
housing projects; supported the expansion of the drainage basin if required; and favored
the extension of Berry View Lane.
Mayor Pro Tern Ferrara emphasized his belief that the affordable housing issue was
paramount for this project. He stated he would support a redesign of the project. He
also suggested that the site ·might be mc;>re suitable for a senior housing project like
Wyndam Residence. He said in terms of a housing perspective, it was time to address
these issues. He did not support the proposed plan.
CITY COUNCIL MINUTES
MARCH 13, 2001
. PAGE9
Mayor Lady concurred that. affordable housing, as well as senior affordable housing,
was a critical unmet need in the City. He supported efforts to include affordable housing
units or· an assisted living facility within the proposed development.
No action was taken on this item.
12. COUNCIL COMMUNICATIONS
Council Member Dickens invited the Council and public to attend the public unveiling
f Community Center concepts by students of the Cal Poly Architecture Department
to held on Sunday, March 18, 2001from2:00 p.m. to 5:00 p.m. He also reported
that had received an application from Assembly Member Maldonado's office for ·
potentia tate funding for the project.
Mayor Pro J"em Ferrara announced the Long Range Planning Committee will be
meeting on sday, March 20, 2001at5:30 p.m.
13. STAFF COMMU CATIONS
Nqne.
14. ADJOURNMENT
Mayor Lady adjourned the meet at 10:55 p.m.
ATTEST:
emriore, Director of Administrative Services/
Deputy City Clerk
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
APRIL 23, 2002
PAGE7
ATTACHMENT 7
R velopment Agency. He supported the proposed purchase agreement and said he
was in vor of exploring the feasibility of alternative uses for the expanded basin.
Board Memb Ferrara favored the concept of expanding the basin in lieu of creating
smaller basins. e supported the proposed agreement and favored pursuing the idea
of BMX use in the o in.
he could support a larger, shared basin. He expressed
concerns with regard to the 's liability in the event of presence of hazardous material
on the site. City Attorney/Gene Counsel Carmel explained that an indemnity clause
had been included in the agreemen protect the City's interests. Board Member Lubin
also expressed concern with a potentia MX use and stated that it should be explored
cautiously; however, he supported further r earch on the idea.
Board Runels supported moving forward with the reject and looking ve"ry closely at the
BMX use. He stated his biggest concern with th roposal was the City borrowing
money from the Water Fund.
Chair Lady supported the proposed agreement.
Board Member Ferrara moved to approve the proposed budget g Is and the 10-Year
Financial Plan Phase II. Board Member Lubin seconded the m
following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
Ferrara, Lubin, Dickens, Runels, Lady
None
None
There being 5 AYES and O NOES, the motion-is hereby declared to be passed.
11.c. Consideration of Pre-application Review Case No. 02-001; Proposed
Rezone and Residential Subdivision, Located at 1595 East Grand Avenue
(Berry Gardens Specific Plan Sub-area 3); Yoneji & Masako Matsumoto
Revocable Trust.
Community Development Director Strong presented the staff report and responded to
questions from Council regarding the site.
Mayor Lady invited comments from those in the audience who wished to be heard on
the matter.
Terry Orton, Westland Engineering, introduced himself and stated he was available to
answer questions.
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
APRIL 23, 2002
PAGES
John Keen, 298 N. Elm, stated that the lot sizes and designs should be eompatible with
the existing Berry Gardens development.
Hearing no further public comments, Mayor Lady brought the item back to Council for
discussion, comments, and direction.
Council Member Lubin stated this project was a natural extension to complete the
residential portion of development of the Specific Plan Subarea and agreed with the
need to blend this development with the existing Berry Gardens development.
Council Member Dickens emphasized the need for compatibility and commented on the
need actually construct affordable housing units. Director Strong explained the policy
within the City's adopted Housing Element for providing affordable housing and stated
that two of the units in this project would be so designated.
Council Member Ferrara asked what was the smallest lot size in Berry Gardens.
Director Strong replied 6,000 square feet for the detached homes and 3,000 for the
attached units.
Council Member Ferrara agreed with Mr. Keen's comments regarding compatibility
within the Berry Gardens development. He stated that his concerns with the proximity
of homes to E. Grand Avenue had been addressed through the Mixed Use concept. He
supported the proposed project and favored taking a closer look at the affordable
housing issue.
Mayor Pro Tern Runels stated the proposed project was a good fit with the existing
development and. commented that all the streets were in place. Questions and
discussion ensued regarding the definition of affordable housing in San Luis Obispo
County.
Mayor Lady supported the project as proposed. He then ensured that the applicant had
received sufficient feedback and direction with regard to the proposed project.
There was no action taken on this item.
Consideration of Proposed Ordinance Amending Arroyo Grande Municipal
Co apter 10.16 Regarding Truck Parking.
Director of Public Works olo presented the staff report. He explained the
proposed Ordinance was establishe · it commercial truck parking within the public
rights-of-way; prohibit parking of vehicles trans · hazardous waste and hazardous
materials in accordance with federal regulations; and · "t parking of unattended
commercial trailers that are not connected to motorized vehicles. recommended
the Council introduce an Ordinance amending Chapter 10.16 of the Arro nde
Municipal Code.
CITY COUNCIL MINUTES
JUNE 24, 2003
PAGE4
0ATTACHMENT 3
9.a. Consideration of Development Code Amendment 02-003, Specific Plan
Amendment 02-002, and Tentative Tract Map 02-003; Berry Gardens
Subarea 3; 1595 East Grand Avenue.
Community Development Director Strong presented the staff report; recommended the
Council: 1) Adopt a Resolution approving Specific PJan Amendment 02-002; 2) Introduce
. an Ordinance amending the Zoning Map of the City ·of Arroyo Grande, . Development
Code Amendment 02-002, to rezone 1.6 acres of. Subarea 3 of the Berry Gardens
Specific Plan from Rural Residential (RR) to Single .Family Residential with Specific Plan
overlay (SFR-SP); and 3) Adopt a Resolution approving Tentative Tract Map 02-003,
creating nine (9) residential lots on a 1.6-acre portion of Subarea 3 of the Berry Gardens
Specific Plan as applied for by Masumoto Revocable Trust, subject to certain conditions.
Director Strong responded to questions from Council regarding issues related to
affordable housing in-lieu fee provisions.
Mayor Pro Tern Dickens opened the public hearing.
Terry Orton, Westland Engineering,. requested clarification ·regarding the affordable
housing in-lieu fee provision and further stated that the applicant supports all other
conditions of approval for the project.
Upon hearing no further public comments,· Mayor Pro Tern Dickens closed the public
hearing.
Council and staff discussion ensued with regard to the status of the Housing Element
Update, potential changes to the affordable housing provisions, and clarification· that the
·. affordable housing in-lieu fee is based on a percentage of total construction costs.
Council Member Lubin spoke in favor of the project and stated that as a smaller project,
he could support the requirement for payment of the in-lieu fee for affordable housing;
however, he was not clear what the fee would be and did not want the fee to be open-
ended. He commented that he was willing to increase the fee to 6% of construction
costs.
Council Member Costello supported the project. He acknowledged that because the
project included _less than 12 units, on-site affordable housing units were not required,
therefore he supported the requirement for the payment of affordable housing in-lieu .
fees.
Mayor·Pro Tern Dickens referred to the original intentions for the Berry Gardens project
to be an entire affordable housing project. He commented that due to the housing
market and the State mandate, there was a need to look at the project differently. He
stressed the need to create housing stock that m~ets all income levels. He was not in
favor of changing the existing provision for affordable housing in-lieu fees. He supported
the project moving forward as proposed.
CITY COUNCIL MINUTE$
JUNE 24, 2003
PAGES
In response to Council discussion regarding the affordable housing in-lieu fee provision,
City Attorney Carmel suggested modified language in Special Condition #7 as follows:
"Prior to issuance of building permits, the applicant shall pay an affordable housing in-
lieu fee equal tO the greater of 3% of construction costs or the affordable housing in-lieu
fee duly authorized by Ordinance in effect at the time building permits are issued.''.
Council Member Lubin moved to adopt a Resolution approving Specific Plan
Amendment 02-002; Located at 1595 East Grand Avenue; Applied for by Matsumoto
Revocable Trust. Council Member Costello seconded the ·motion, and on the following
roll-call vote, to wit:
AYES:
NOES:
ABSENT:
Lubin, Costello, Dickens
None
Runels, Ferrara
There being 3 AYES, 0 NOES, and 2 ABSENT, the motion is hereby declared to be
passed.
· Council Member Lubin moved to adopt a Resolution, as amended, approving Tentative
Tract Map 02-003; Located at 1595 East Grad Avenue; Applied for by Matsumoto
Revocable Trust. Council Member Costello seconded the motion, and on the following
roll-call vote, to wit:
AYES:
NOES:
ABSENT:
Lubin, Costello, Dickens
None
Runels, Ferrara
There being 3 AYES, O NOES, and 2 ABSENT, the motion is hereby declared to be
passed.
Council Member Lubin moved to introduce an Ordinance amending the Zoning Map of
the City of Arroyo Grande; Development Code Amendment 02-002; Applied for by
Matsumoto Revocable Trust. Council Member Costello seconded the motion, and on the
following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
Lubin, Costello, Dickens
None
Runels, Ferrara
There being 3 AYES, 0 NOES, and 2 ABSENT, the motion is hereby declared to be
passed.
Mayor Ferrara returned to the dais.
CITY COUNCIL MINUTES
APRIL 26, 2005
~PAGE&
ATTACHMENT 9
ayor Ferrara stated that the amendment was appropriate. He commented on the deteriorating
co ··on of Farrell Avenue and stated that this is a location that would require monitoring
throughO e construction process. He also agreed with comments regarding the need for
contiguous side s in the area near the project and the elementary school.
Council Member Arnold mov dept a Resolution as follows: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY RROYO GRANDE REVISING CONDmON OF
APPROVAL NO. 114 REGARDING DRAIN ASIN FOR VESTING TENATIVE TRACT
MAP 02-002 (VTTM 2310) BY SAS HOMES, NORTH OF FARROLL AVENUE". Council
Member Dickens seconded the motion, and the motion carried o following roll-call vote:
AYES:
NOES:
ABSENT:
Arnold, Dickens, Guthrie, Costello, Ferrara
None
None
9.b. Consideration of Specific Plan Amendment 03-001: Applicant -S&S Homes;
Location -Southwest corner of Courtland Streat and East Grand Avenue.
Mayor Ferrara announced a conflict of interest due to ownership of real property within 500 feet
of the project and stepped down from the dais. Mayor Pro Tern Costello took over as the
Presiding Officer.
Assistant Planner Foster presented the staff report and recommended the Council adopt a
Resolution amending the Berry Gardens Specific Plan to allow mixed-use development of
Subareas 3 and 4. Staff responded to questions from Council regarding the proposed 45-foot
maximum building height; explanation of Specific Plan versus Development Code standards;
clarification concerning maximum density requirements; clarification regarding the previously
certified Environmental Impact-Report; clarification regarding development standards that would
preclude condominium conversion in the future; and clarHlcation regarding accesslutlllty
easement issues and reimbursement provisions for easement and infrastructure improvement
costs.
Mayor Pro Tern Costello opened th_e public hearing.
Ruth Matsumoto Dea, property owner representing Subarea 3, stated her family has owned this
property for 50 years and gave some background about the property's agricultural and farming
history, and expressed concerns with the proposed Specific Plan Amendment. She indicated that
she has placed the property for sale, there is a pending offer, and she requested a continuance
of this Item for 90 days.
Jeffrey Emrick, architect and engineer for EDA, spoke on behalf of Ruth Dea and her vision to
provide more affordable housing in the City. He stated that the proposed Specific Plan
Amendment does not do justice to that vision and stated that the Specific Plan Amendment
reduces the value of Subarea 3, divides the property into two different zones and two different
types of development. He disagreed with the three proposed access easement provisions in the
Plan; disagreed with finding #2 in the proposed Resolution which states that the Specitic Plan
Amendment will not result in an illogical land use pattern; disagreed with finding #4 which states
that the standards for building height take advantage of the unusual existing grades in the project
area; and concluded by suggesting a lot line adjustment to rotate the existing property line.
CITY COUNCIL MINUTES
APRIL 26, 2005
PAGE7
Ann Wilson, attorney assisting Ruth Dea, addressed· issues relating to securing the easements
between the two properties; installation of mutual infrastructure improvements; difficulty in
cooperation between the two landowners; and elevation differences. She suggested a lot· line
adjustment to address these issues, which would eliminate the need for securing easements, the
installation of infrastructure improvements, the cooperation necessary to develop the two
parcels, and the elevation differences would also be eliminated or reduced. She questioned the
legality of some portions of the proposed amendment, the Addendum to the EIR which assumes
that the addition of 56 apartments would not substantially affect the conclusions in the certified
EIR, and expressed concern about the proposed reimbursement provisions, especially with
. regard to the 7% interest rate. She concluded by commenting that the City's involvement in an
agreement between two. adjacent landowners was questionable. ·
John Mack, arc~itect for S&S Homes, responded to questions from Council regarding the
proposed building height, density, easements, and conceptual design. He stated that a lot of
work has gone into this project and they would like to move forward. He did not see a lot line
adjustment as an issue. He stated the Architectural Review Committee and Planning
Commission have reviewed the Plan and provided favorable comments on the conceptual plan.
He commented that he did not think approval of the Plan tonight would preclude other
amendments in the future.
Upon hearing no further public comments, Mayor Pro Tern Costello closed the public hearing.
Council Member Guthrie commented on the access issues and stated that Subarea 3 could not
develop without at least one access easement; commented that the proposed values of the
easements are reasonable, however, the 7% interest rate may be too high; agreed that this
approval would not preclude future amendments for Subarea 3; suggested language be included
to protect against 45 ~oot buildings being visible from E. Grand Avenue; commented on the
proposed density and stated that an increase may require ·additional environmental review;
suggested language be ad~ed that specifies the project must include apartments; commented
that he did not see a lot line adjustment as a viable alternative; and stated he could move
forward and support the Specific Plan Amendment with the suggested changes.
Council Member Arnold stated he was not ready to move forward and would support a
continuance. He stated that one of the goals of the Specific Plan was to create one cohesive
project. He expressed concerns regarding the access/easement infrastructure and utility issues;
and also expressed concern with the project being underparked, especially with a mixed-use
project that includes a proposed restaurant use. He expressed concern about the EIR" and stated
that an increase in residential could trigger the need for a new EIR. He agreed that the City
desperately needs apartments. He preferred to continue the item for 90 days to see If a plan for
Subarea 3 comes in.
Council Member Dickens thanked Ms. Dea for providing her history of the property. He said that
the goal was to create a project that benefits the City. He acknowledged the work that has been
done; however, there were a lot of unanswered questions and he could not support moving
forward at this. time. He commented that the Council was considering. a proposed Specific Plan
Amendment, and not a concept plan. He disagreed that the proposed amendment would not
substantially affect the conclusions in the certified EIR, and stated there are traffic and water
issues that need to be addressed; did not understand the building height exception and said he
was uncomfortable with the proposed 45-ft height standard as part of this amendment; stated
that there were unforeseen legal issues concerning the easements, and whether the interest rate
CITY COUNCIL MINUTES
APRIL 26, 2005
PAGES
was equitable; agreed that the City needs apartments in its housing inventory; reiterated that the
goal is to create an integrated cohesive project; acknowledged that there could be some
potential advantages in the property owners considering a lot line adjustment; and believed that
the parties needed time to resolve some of these significant issues. He suggested directing staff
to go back and review the original certified EIR, and based on the proposed amendment
determine if there is any additional impact to traffic and water usage.
Mayor Pro Tern Costello commented that if the amendment was approved tonight, it was not
likely to result in a cohesive project. He stated he would like to review the original certified EIR;
acknowledged that there were a lot of unanswered questions; commented that a lot line
adjustment may work; favored apartments; however, expressed concern with an increase in
density as it relates to traffic. He did not support moving forward at this time. I .
Council Member Arnold moved to continue this item until July 26, 2005 and direct staff to provide f
copies of the EIR to Council for review prior to that date. Council Member Dickens seconded the l
motion, and the motion carried on the following roll~call vote:
AYES:
NOES:
Arnold, Dickens, Costello
Guthrie
ABSENT: Ferrara
Mayor Pro Tern Costello called a recess at 10:05 p.m.
Mayor Ferrara returned to the dais and reconvened the meeting at 10:15 p.m.
Consideration of Proposed Ordinance Amending Arroyo Grande Munlclpal Code
Chapter 16.36 of Tltla 16 to Include Permitting Requirements Applicable to Auto,
Vehicle Parts Sales Without Installation Services In Commercial and Mixed Use
lstrlcts and Adding Chapter 10.18 to Title 1 O to Pr0hlblt Auto-Related
M nance and Repair Activity In Commerclal and Publlc Parking Lots
(Dev ment Code Amendment 05-007).
Associate Planner Mc ·sh presented the staff report, recommended the Council introduce an
Ordinance amending Arr Grande Municipal Code Chapter 16.36 of Title 16 and Adding
Chapter 10.18 to Title 10, and onded to questions from Council.
Mayor Ferrara opened the public hear , and when no one came forward to speak on the item,
he closed the public hearing.
Mayor Ferrara recalled when the City Council con · ered the Master Plan for E. Grand Avenue
during the General Plan Update, which involved loo · at compatibility issues for businesses
al_ong E. Grand Avenue. He recalled that the intent at tti time was to locate auto parts stores
next to similar uses in certain areas such a:s the Highway C mercial District where there was
· an existing concentration of auto sales and auto repair busine s. He commented that the
Gateway segment was identified as the center of the City, which wou cicus more on pedestrian
oriented uses. He expressed concern about locating this type of use in th ateway, the ongoing
issues relating to auto repair and maintenance in parking lots, and e ssed concerns
· regarding the ability to enforce the prohibition of auto repairs and maintenance 1 rking lots.
.;11 y vUUNvlL/Kt:.Ut:Vt:.LUt"'Mt:.N I A\:lt:.N.., T MINU It:.;)
JULY 26, 2005
>AGE7
Condition #23 and 25 shall be modified to state that mit1gat1on trees shall b
of 36" boxed and 50% of those shall be 48" boxed.
rhe motion carried on the following roll-call vote:
~YES:
"OES:
~BS ENT:
Arnold, Costello, Guthrie, Ferrara
Dickens
None
ATTACHMENT 10
:=:ouncil Member Arnold moved to introduce a rdmance as follows. "AN ORDINANCE OF
rHE CITY COUNCIL OF THE CITY OF OYO GRANDE AMENDING THE ZONING MAP
ro DESIGNATE THE SUBJECT PROB TY AS PLANNED DEVELOPMENT 1.1 -(PD-1.1);
JEVELOPMENT CODE AMEND T 05-008, INITIATED BY THE CITY OF ARROYO
3RANDE FOR PROPERTY L TED AT 1400 WEST BRANCH STREET". Mayor Pro Tern
t1on earned on the following roll-call vote:
vt Ferrara called for a recess at 9:40 p.m. The Council reconvened at 9 50 p.m
).d. Continued Public Hearing -Consideration of Specific Plan Amendment 03-001;
Applicant -S & S Homes; Location -Southwest Corner of Courtland street and
East Grand Avenue
Vlayor Ferrara declared a conflict of interest due to ownership of real property located w1thm 500
:eet of the subject location, and stepped down froni the dais Mayor Pro Tern Costello took over
:ls Presiding Officer.
!\ss1stant Planner Foster presented the staff report and recommended the Council adopt a
~esolution amending the Berry Gardens Specific Plan to allow mixed-use development of
3ubareas 3 and 4. Staff responded to questions from Council relating to issues concerning
·ec1procal access and easements between Subareas 3 and 4; development standards for mixed
Jse ·projects relating to maximum building heights, zoning, water use and cumulative water
mpacts, and traffic c1rculat1on and proposed 1mprovenients
\llayor Pro Tern Costello opened the public hearing and invited comments from those in the
. :1ud1ence who wished to be heard on the matter
~uth Matsumoto Dea, owner of Subarea 3, stated she was not opposed to the concept of the
Spec1f1c Plan. She addressed concerns with issues affecting her property related to costs she ·
Nould have to incur for Subarea 4 to proceed with their development. She stated she had
~uestions regarding access to utilities She stated that there was access to ut1hties from her
Jroperty and asked if she could access those utilities without tearing up E. Grand Avenue. She
::ommented that she does not intend to develop her property now and asked if the Council would
:1llow her to come back with a development proposal. She asked 1f a Farmer's Market would be
m allowed use on her property (staff responded that it would be an allowed use with a
"":nnrhtinn==il I l~A PArm1t) Jn rP.snnn~A tn ==innthPr n11P<:hnn c:t::iff rPc:nnnrl"'rl th::it thPrA wru 1lrl hi:> nn
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
JULY 26, 2005
PAGES
bus turnout until Subarea 3 1s developed Ms. Dea reiterated her concerns with regard to issues
related to the easements in the Spec1f1c Plan Amendment, as well as grading issues related to
both Subareas.
Jan Sanderlin, realtor, representing a potential buyer for the Dea property, asked why the City
would not consider a horizontal lot lme adjustment which would have resolved the issues relating
to easements and ut1ht1es
John Mack, S&S Homes, acknowledged that there were three options available for the
easements. He displayed elevation renderings showing a proposed project for Subarea 4 and
addressed the maximum building height issue. He addressed c1rculat1on, access, and grading
issues, as well as cooperative efforts S&S Homes had taken with regard to communicating and
working with the adjacent property owner. He explained that they had considered, but did not
support, a lot line adjustment He referred to Government Code Section 65451 regarding
easements and reimbursements for easements within a Specific Plan. He stated that S&S
prefers the option estabhshmg the fair market value of the easements and the improvements at
the time they occur. He also requested that language be incorporated into the Spec1f1c Plan that
both property-owners part1c1pate in maintaining the driveway improvements based on the shared
use. Mr Mack requested that both property owners be included by reference in the proposed
Resolution
Further d1scuss1on ensued among Council, staff and the co-applicants regarding easements and
grading issues Ms Dea agreed that she would consider negotiating a slope easement with the
owners of Subarea 4.
No further public comments were received and Mayor Pro Tern Costello closed the public
heanng.
Council Member Guthne stated there are adequate provisions to allow development of Subarea
4 and enable subsequent development of Subarea 3 He commented on the value of the
easement and suggested 1t may be benef1c1al to negotiate the value of the easements when they
are needed. On a maintenance agreement, he stated there should be something m place that
allows Subarea 4 to recover their costs 1n the future He stated that he supported the concept of
a mixed use project to include 1/3 res1dent1al, 1/3 office, and 1/3 commercial and concurred with
staff on not recommending a lot line adjustment. He said there is nothing that precludes future
development on Subarea 3 and supported movmg forward as proposed
Council Member Dickens acknowledged the two property owners for trying to negotiate. He also
acknowledged that one property wants to move forward with a plan and that they have submitted
the appropnate mformat1on for consideration. He noted that it was imperative for Subarea 3 to
have easement locations identified now. He felt that establishment of easement value at the time
the easements were needed was most equitable for both parties. Council Member Dickens
stated he was concerned with putting together a cohesive project Wlth the appropnate
infrastructure to accommodate the land use. He expressed concern with water and traffic. He
questioned whether this 1s the best use for available resources. He expressed concern with
cumulative water use site spec1f1c and citywide He stated that the original environmental impact
report 1s insuff1c1ent. In response to a question regarding the potential for phasing the project,
staff responded that phasing could be accomplished to develop the commercial area first,
however, another amendment of the Spec1f1c Plan would be required at a future date. Council
Member Dickens stated that he could support the Amendment to the Spec1f1c Plan and noted
that he would be looking closely at water and traffic issues when a project comes forward.
..,11 T vUUNvlL/f'(CUI: Vl:LUt"IVICN I A\:llCN\,, T MINU I c~
· JULY 26, 2005
:>AGE 9
'.:;ouncil Member Arnold suggested deferring the issue regarding reimbursement on easements
md allowing Ms. Dea the time to negotiate the value of the slope and access easements. He
:1cknowledged the d1scuss1on regarding phasing of the project; expressed concern about how
;hared parking would work, stated the City needs rental units, stated he would not support single
'am1ly detached homes in this location, suggested conditioning the project appropnately as 1t
. ·elates to water availability when it comes forward; and supported the Specific Plan Amendment
:1s presented.
\/1ayor Pro Tern Costello supported the Spec1f1c Plan Amendment; however, he expressed
;oncem with water and traffic issues. He referred to the original 1998 environmental impact
·eport as 1t relates to projected water demand by year for the City of Arroyo Grande and stated
:hat the consumption figures for 2005 were estimated too low. He stated that he would look
;arefully at these issues when a specific project comes forward
=urther discussion ensued regarding the reimbursement provisions in the Spec1f1c Plan as it
·elates to securing easements and installation of mutually beneficial infrastructure improvements
::;ouncil Member Guthrie moved to approve the Spec1f1c Plan Amendment and adopt a
~esolut1on as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
3RANDE APPROVING SPECIFIC PLAN AMENDMENT 03·001; LOCATED -AT THE CORNER
JF EAST GRAND AVENUE AND COURTLAND STREET; APPLIED FOR BYS & S HOMES",
:1s amended to modify the Reimbursement Prov1s1on m the Specific Plan by retaining the first
Jaragraph, ehmmatmg the next three paragraphs, and adding the following paragraph as follows:
The parties agree to share 1n the cost of an appraisal to determine the value of the easements
jesired by the owners of Subarea 3 at the time such easements are needed." Mayor Pro Tern
'.:;ostello seconded, and the motion carried on the following roll-call vote:
~YES:
· "OES:
~BS ENT:
Guthrie, Costello, Arnold, Ferrara
Dickens
None
V1ayor Ferrara returned to the dais
:t. MAYOR TONY M. FERRARA: SENT)
(1) San Luis Obispo Council o ernments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA). No rt.
(2) South San Luis Obispo County Sanita District (SSLOCSD). Reviewed
study on long term capital improvements to se treatment plant based on
anticipated growth by participating agencies; and share
contact tank, a budgeted $2 m1lhon project
(3\ Other. ThP. next meP.t1nn of the 7om~ 1 /1 A t~~kforr:e will mAAt nn A11n11~t .
MINUTES
SPECIALJOINT MEETING/STUDY SESSION
CITY COUNCIL AND PLANNING COMMISSION
TUESDAY, MAY 31, 2011
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
ATIACHMENT 11
1. CALL TO ORDER
Mayor Pro Tern Ray called the special meeting to order at 6:02 p.m.
2. ROLL CALL
City Council:
Planning
Commission:
City Staff:
3. FLAG SALUTE
Council Members Joe Costello, Jim Guthrie, Tim Brown, and Mayor Pro
Tern Caren Ray were present. Mayor Tony Ferrara was absent.
Commissioners John Keen, Lisa Sperow, and Vice-Chair Kristen
Bameich were present. Commissioner Jennifer Martin and Chair
Elizabeth Ruth were absent.
City Manager Steven Adams, City Attorney Tim Carmel, City Clerk Kelly
Wetmore, Community Development Director Teresa McClish, and
Associate Planner Ryan Foster were present.
Mayor Pro Tern Ray led the Pledge of Allegiance.
4. EAST GRAND AVENUE AND COURTLAND PROJECT
The purpo$e of the study session is to: 1} provide the applicant with an opportunity to present
alternative concepts for development of the parcel at the southwest comer of E. Grand Avenue
and Courtland Street; 2) provide an opportunity for discussion, questions, and feedback from
the City Council and Planning Commission regarding issues, preferred options and feasibility of
other development concepts; and 3) allow the public to ask questions and provide comments.
Carol Florence, representing Nick Tompkins, provided introductory comments.
Nick Tompkins, applicant, provided an overview of development efforts to date regarding the
parcels on E. Grand Avenue and Courtland Street with public outreach and tenant searches;
provided a history of the Courtland Place project dating back to 2007; commented on -the state
of the local commercial real estate market; reviewed previously proposed site plans; and then
presented five new alternative site plans. Mr. Tompkins then responded to questions from the
Planning Commission and City Council members.
Mayor Pro Tern Ray invited members of the public to ask questions or provide comments on the
material presented. ·
The following members of the public spoke: Richard Duffin, Newport Avenue; Debbie Collins,
Santa Maria; Aaron Henkel, S. Alpine; Del Clegg, Cookie Crock Warehouse Manager; and
Benadine Duffin, Newport Avenue.
Minutes of City Council Special Meeting
May10, 2011
Page2
Commissioner Bameich provided the following comments:
Liked Michael's and Fresh Market alternatives;
Did not believe there was a duplication of uses;
Does not favor a bank in the alternatives;
Couid accept one drive-thru use;
Likes the loading dock area;
Church use is ok, but seems a waste of prime commercial space;
Noted that a future .landscape plan would address open space issue.
Commissioner Keen provided the following comments:
Likes Michael's and Fresh Market;
Expressed concern about Walgreens drug store; opposes drive-thru's;
Likes truck access and dock; .
Opposes a church at this location; property is located at City's gateway and is prime
commercial space.
Commissioner Sperow provided the following comments:
Referred to nearby residents and would like more input from them;
Likes Michael's; acknowledged that Fresh Market is different;
Troubled by two proposed drive-thru's;
Proposals show promise.
Mayor Pro Tern Ray provided the following comments:
Agreed with most of Commissioner Bameich's comments;
Referred to E. Grand Avenue Enhancement Plan;
Alternatives presented did not appear to be bike or pedestrian oriented;
Concerned with two drive-thru's; could accept one drive-thru;
Does not believe there is a duplication of uses;
Does not like a drug store with a drive-thru;
Complimented truck access redesign;
Concerned about mass/scale of rear building; encouraged fayade to make it look like
two buildings;
Does not support a church at this location;
Acknowledged that public improvements and traffic circulation will need to be addressed
when a specific project application comes forward.
Council Member Brown provided the following comments:
Acknowledged the site was previously two separate property owners/parcels which
made proposed development challenging;
Referred to E. Grand Avenue as it relates to truck traffic and stated he does not want to
modify the existing medians;
Believes there is some duplication of uses and some amount of sales tax transfer;
Concerns regarding drive-thru's and truck circulation will be key issues;
Acknowledged staff for Engineering peer review study previously conducted. . .
Council Member Costello provided the following comments:
Noted that grocery stores/markets are not typically pedestrian friendly uses;
Commented on green space issues;
Stated that the back building should be two smaller buildings; one building is too big;
Minutes of City Council Special Meeting
May10, 2011
Page3
Must be careful on design for truck access as it relates to wall separating the commercial
and residential uses;
Does not support two drive-thru's;
other issues regarding traffic and truck circulation are not going away.
Council Member Guthrie provided the following comments:
In response to public comment regarding a hotel' on the site, this is a poor location as
hotels like to locate in a resort area or next to industrial uses;
Does not support a church at this location as this is prime commercial land;
Does not support drive-thru, although placement behind buildings is better than the front;
believes there is a conflict in the site plan with the truck access and the drugstore;
-Acknowledged that the Chase Bank without drive-up A TM is successful in other
locations;
Concern about size of trucks making deliveries to the Market; likes the access through
the back;
Suggested that there are ways to address the mass/scale of the back building. such as
offsetting two buildings;
Stated number one concern as the big trucks on Courtland and the wall separating the
commercial use from the residential use;
Hesitant to base decisions on proposed tenant(s);
Noted that most business plans include locating next to similar uses;
Commented that if building to accommodate big trucks, then City needs to address
standards Citywide;
Not opposed to drugstore or bank; tenant mix is ok;
Alter drive-thru's radically.
Mr. Tompkins briefly responded to the issue of breaking up the large building and suggested
that a deed restriction could address that issue. There was also brief discussion regarding the
likelihood of a proposed Police Station on the site and it was noted that the Council would be
conducting a Joint Meeting with Graver Beach City Council within the next month to discuss
related issues.
Council/Commission comments concluded and Mayor Pro Tern Ray thanked everyone who
attended and participated in the study session.
5. ADJOURNMENT:
Mayor Pro T m Ray adjourned the special meeting at 8:00 p.m. in honor and memory of former
Council Mem er Thomas Runels, who passed away on Sunday, May 29, ~011.
ATTEST:
~~ · Kel~ity Clerk
(Approved at CC Mtg fp [Pl/ 10 I( )
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: SUPPLEMENTAL INFORMATION
AGENDA ITEM 11.b. – JULY 8, 2014 CITY COUNCIL MEETING
PRE-APPLICATION NO. 14-001; SPECIFIC PLAN DESIGNATION,
GENERAL PLAN AMENDMENT, DEVELOPMENT CODE AMENDMENT
AND TENTATIVE TRACT MAP; LOCATION – TRAFFIC WAY AND
EAST CHERRY AVENUE; APPLICANT – MANGANO HOMES, INC.
DATE: JULY 8, 2014
Attached is a letter submitted on July 8, 2014 from representatives of the Arroyo Grande
Valley Japanese Welfare Association regarding the proposed Pre-Application.
cc: City Attorney
City Manager
City Clerk
Public Review Binder