Agenda Packet 2003-05-13
.
CITY COUNCIL Clt! of
AGENDA ArrOlo Grande
Tony M. Ferrara Mayor
Jim Dickens Mayor Pro Tem Steven Adams City Manager
Thomas A. Runels Council Member Timothy J. Cannel City Attorney
Sandy Lubin Council Member Kelly Wetmore Director, Administrative Services
Joe Costello Council Member
NOTICE OF
CITY COUNCIL SPECIAL MEETING
Tuesday
May 13. 2003
6:30 p.M.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
AGENDA
1. ROLL CALL
2. PUBLIC COMMENT on Special Meeting Agenda Items.
Members of the public wishing to address the Council on any item described in this Notice
may do so when recognized by the Presiding Officer.
3. CITY COUNCIL CLOSED SESSION:
a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
Agency Negotiator: Steven Adams
Unrepresented Employees: Management and Part-time Employees
Agency Negotiators: Daniel Hernandez and Karen Sisko
Represented Employees: Arroyo Grande Police Officers' Association
(AGPOA) <01
4. RECONVENE TO OPEN SESSION:
Announcement of reportable action from closed session, if any.
5. ADJOURNMENT.
c:closedsession,agenda.051303
_._~ ------_.-~. .
CITY COUNCIL Clt! of
AGENDA ArrOlo GrancIe
Tony M. Ferrara Mayor
Jim Dickens Mayor Pro Tem Steven Adams
Thomas A. Runels Council Member City Manager
Sandy Lubin Council Member Timothy J. Cannel CIty Attorney
Joe Costello Council Member Kelly Wetmore Director. Administrative Services
AGENDA SUMMARY
CITY COUNCIL
TUESDAY, MAY 13, 2003
7:00 P.M.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
1. CALL TO ORDER: 7:00 P.M.
2. ROLL CALL
3. FLAG SALUTE: LIONS CLUB OF ARROYO GRANDE
4. INVOCATION: PASTOR ROBERT UNDERWOOD,
FIRST UNITED METHODIST CHURCH,
ARROYO GRANDE
5. SPECIAL PRESENTATIONS:
5.a. Mayor's Commendation to the Lions Club of Arroyo Grande
5.b. Proclamation Recoanizina National Public WQrks Week. May 18..24. 2003
6. AGENDA REVIEW:
6a. Move that all resolutions and ordinances presented tonight be read in title only and
all further readings be waived.
AGENDA SUMMARY - MAY 13, 2003
PAGE 2
7. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions on matters not scheduled on this agenda.
Comments should be limited to those matters that are within the jurisdiction of the
City Council. The Brown Act restricts the Council from taking fonnal action on
matters not published on the agenda. In response to your comments, the Mayor or
presiding Council Member may:
. Direct City staff to assist or coordinate with you.
. A Council Member may state a desire to meet with you.
. It may be the desire of the Council to place your issue or matter on a future
Council agenda.
Please adhere to the following procedures when addressing the Council:
. Comments should be limited to 3 minutes or less.
. Your comments should be directed to the Council as a whole and not directed
to individual Council members.
. Slanderous, profane or personal remarks against any Council Member or
member of the audience shall not be permitted.
8. CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a group.
The recommendations for each item are noted. Any Council Member may request
that any item be withdrawn from the Consent Agenda to pennit discussion or change
the recommended course of action. The City Council may approve the remainder of
the Consent Agenda on one motion.
8.a. Cash DI,bursement Ratification, (SNODGRASS)
Recommended Action: Approve the listing of cash disbursements for the period
April 16, 2003 through April 30, 2003.
8.b. Statement of Investment DeDosits (SNODGRASS)
Recommended Action: Receive and file the report of current investment deposits
as of April 30, 2003.
8.c. Consideration of ADDroval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Special and Regular City
Council Meetings of April 22, 2003; the Special Joint Meeting of the Cities of Arroyo
Grande, Grover Beach, Pismo Beach and County of San Luis Obispo 3rd & 4td
District Supervisors of April 28, 2003; the Special City Council Meeting of April 29,
2003; and the Special Joint Meeting of the Arroyo Grande City Council and Lucia
Mar Unified School District Board of Education of April 29, 2003, as submitted.
8.d. Ijeiection of Claim Against City - S,feco Insurance/K. RandolDh (WETMORE)
Recommended Action: Reject claim.
AGENDA SUMMARY - MAY 13, 2003
PAGE 3
8. CONSENT AGENDA: (continued)
8.e. Consideration of Fundina Reauest from Destination Imaaination (ADAMS)
Recommended Action: Appropriate $1,000 for a contribution to the Arroyo Grande
Destination Imagination teams.
8.1. Consideration of Contract with Maximus to PreDare SUDDlemental
DeveloDment ImDact Fee Study (ADAMS)
Recommended Action: Appropriate $5,800 and authorize the City Manager to
enter into a contract with Maximus to prepare a study to simplify the development
impact fee structure.
8.g. Consideration of Proaress Payment No. 4 for the Scenic Creeksi~e Walk,
Phase III Proiect - PW 2002-G2 (SPAGNOLO)
Recommended Action: Authorize Progress Payment No. 4 in the amount of
$58,561.38 to Maino Construction Company, Inc.
8.h. Consi~eration of DeveloDment Code Amendment 01-Gp3. O~lnance to
IncorDOrate Desian Guidtllnes and Standard, for HistoriC; Q~,trJ. and Amend
the Zonlna MaD for Deslan Overlav MaD 2.4 (MCCLISH)
Recommended Action: 1) Adopt by title only the Ordinance amending Section
16.08.010 of Title 16 of the Arroyo Grande Municipal Code incorporating by
reference the 2003 "Design Guidelines and Standards for Historic Districts" and
amending the zoning map for Design Overlay District 2.4 to expand its boundaries;
and 2) Instruct the Director of Administrative Services to file a Notice of Exemption
with the County Recorder.
8.L Consideration of Authorization to Solicit ProDosals for Environmental Services
In Conlunctlon wl~ the Creek Cleanina (SPAGNOLO)
Recommended Action: Authorize the solicitation of proposals for environmental
services to be provided in conjunction with cleaning Arroyo Grande, Tally Ho, and
Meadow Creeks.
8.j. Consideration of PrOGress Payment No. 9 for the Rancho Grand, fark Proiect.
PW 2~2-o3 (SPAGNOLO)
Recommended Action: Authorize Progress Payment No.9 in the amount of
$31,059.16 to Herrera Engineering, Inc.
9. ~ue"IC HEARINGS:
9.a. ~Ideratlon of Fin~1 Subseauent Environmental 'mDact 6eaort IBlBLf2[
~na Tentative Tract "'aD and Planned ~nl1.Develomnent Q1::IIIj~ ~
Develomnent (MCCLISH)
Recommended Action: Adopt Resolution certifying the Final Subsequent
Environmental Impact Report (SEIR) prepared for Vesting Tentative Tract Map 01-001
and PUD 01-001 as adequate and complete pursuant to the requirements of the
California Environmental Quality Ad (CEQA).
AGENDA SUMMARY - MAY 13, 2003
PAGE 4
9.b. Continued Public Hearlna - Conditional Use Permit Case No. 03-001. Vestina
Tentative Parcel MaD Case No. 03-001 and Planned Sian Proaram 03-001:
Santa Lucia Bank (HEFFERNON)
Recommended Action: Adopt Resolution approving the projed as modified.
10. CONTINUED BUSINESS:
None.
11. NEW BUSINESS:
11.a. Consideration of an Ordinance Amendina Title 13 of the Arrovo Grande
MunlclDal Code and Resolution for the ImDlementat'on ~f a Water
Conservation Proaram and Authorization to Advertise N,2!1ce of loYblna lids
mtPlum~'na Retrofits. (SPAGNOLO)
Recommended Action: 1 ) Introduce an Ordinance repealing Sections 13.04.130
and 13.04.170 and adding Chapter 13.05 in the Municipal Code to provide water
conservation measures and to comply with State Water Code Section 10632; 2)
Adopt Resolution approving implementation of the procedures set forth in the Water
Conservation Program; and 3) Authorize the advertisement of the Notice Inviting
Bids for plumbing retrofits of single family residential homes within the City of Arroyo
Grande as described in the Water Conservation Program.
12. qlTY COUNCIL MEMBER ITEMS:
The following item(s) are placed on the agenda by a Council Member who would like
to receive feedback, direct staff to prepare infonnation, and/or request a fonnal
agenda report be prepared and the item placed on a future agenda. No fonnal
action can be taken.
a) Recommendation to continue coordination with County of San Luis Obispo
regarding housing allocation numbers and Housing Element Update.
(FERRARA)
13. CITY MANAGER ITEMS:
The following item(s) are placed on the agenda by the City Manager in order to
receive feedback and/or request direction from the Council. No fonnal action can be
taken.
a) Parcel f11aD AG 02-1~7: 1060 MaDle. Street: Anthonv Toste. The City
Engineer has received Parcel Map AG 02-157, owned by Anthony Toste. The.
subject parcel is located at 1060 Maple Street. This is a split of one parcel of
20; 785 square feet in size into three separate lots of 6,385, 7,200, and 7,200
square feet in size. This parcel map is incorporated with the replacement of
one existing residential unit on Parcel C with two existing residential units to
remain on both Parcel B and Parcel A. Unless appeaJed, the Final Map will
be approved by the City Engineer within ten days following the date of this
agenda.
AGENDA SUMMARY - MAY 13, 2003
PAGE 5
14. COUNCIL COMMUNICATIONS:
Correspondence/Comments as presented by the City Council.
15. STAFF COMMUNICATIONS:
Correspondence/Comments. as presented by the City Manager.
16. COMM\lNITY COMMj;NTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions. Comments should be limited to those matters that
are within the jurisdiction of the City Council. The Brown Act restricts the Council
from taking formal action on matters not published on the agenda.
17. ADJOURNMENT
* * * * * * *
All staff reports or other written documentation relating to each item of business referred to
on the agenda are on file in the Administrative Services Department and are available for
public inspection and reproduction at cost. If requested, the agenda shall be made
available in appropriate alternative formats to persons with a disability, as required by the
Americans with Disabilities Act. To make a request for disability-related modification or
accommodation, contact the Administrative Services Department at 805-473-5414 as soon
as possible and at least 48 hours prior to the meeting date.
* * * * * * *
Note: This agenda is subject to amendment up to 72 hours prior to the date and time set
for the meeting. Please refer to the agenda posted at City Hall for any revisions, or call the
Director of Administrative Services at (805) 473-5414 for more information.
www.arrovoarande.ora
.-
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OF
,
a Of ~ s Commendtlt\O"
~to
"~ C\~ 0\ AtfotO Gf-"
C{rt recoQrt\t\Otl of ~ Club's outsto.~\t\Q sef'1\ce,
fulrc{ worlc., Cl~ ~olurttlter t\t\'\It \rt ~\ci\t\Q
Cl ~er for ~ bCl~ ?\t
Clt U\1t C\tt of AlfatO Gr~
Cl~ ~ ()'frID.rt'S Club eonu"urt\tt Cft1\td'.
~0It~~1~
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5.b.
OF
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/ \
t~LIFOR~.
"-- ~~
CHonorGrt ~ocCatnG.ttcm
~ecosntst"9
~t\01IUI( ~(tc GW'orb CVVeelC;
~ 18-24, 2005
WHEREAS, public work services provided in our commODity are an inC'.egrU part of
our cidzens' everyday lives; and
WHEREAS, the support of an understanding and informed
citizenry is vital to the efficient opermon of public works systelDS
and pr0gruD8 such u water, sewers, storm dnins, and streets; and
WHEREAS, the health, safety and comfort of this community
greatly depends on these faeillties and services; and
~ WHEREAS, the quality and eft"eeti.veness of these fiacilitl.es, u well u
_ their pJiUlnlng, design, construction and meJnteD8llce is ~
.'~.! ". dependent upon the dedieation and skill ofpubUc works professionals;
.. and
WHEREAS, "National Public Works Week" is celebrated. during May 18-24,2003
to recognize the invaluable contribution of public works pI'Ofessionals.
NOW THEREFORE, BE IT RESOLVED, that I, Tony M. Fel'l'al'&, Ma.yor of the
City of Arro1Q Grande, on behalf' of the City Couneil, do hereby proelalm the week of
May IS" through May 24" u "NATIONAL PUBLIC WORKS WEEK" in the City
of Arro1Q Grande and call upon all cidzens and civic orpnlr.atJons to acquaint
themselves with the issues involved in providing our pubUc works and to 1'eI'Op1r.e
" the contributions whieh public works professionals make eftI"Y day to our hMlfh,
safety, comfort, and quality of life.
IN: WITNESS WHEREOF, I have hel'eunto set my hand and caused the Seal of the
City of Arro1Q Grande to be aOixed this 13Jh clay of May, 2003.
TONYM. FERRARA, MAYOR
8.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE~
BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR ~
SUBJECT: CASH DISBURSEMENT RATIFICATION
DATE: MAY 13,2003
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the pariod April 16 - April 30, 2003.
FUNDING:
There is a $928,923.24 fiscal impact.
DISCUSSION:
The attached listing represents the cash disbursements required of normal and usual
operations. It is requested that the City Council approve these payments.
ATTACHMENTS:
ATTACHMENT 1 - Cash Disbursement Listing
ATTACHMENT 2 - April 18, 2003 Accounts Payable Check Register
ATTACHMENT 3 - April 18, 2003 Payroll Checks and Benefit Checks
ATTACHMENT 4 -April 25, 2003 Accounts Payable Check Register
ATTACHMENT 1
CITY OF ARROYO GRANDE
CASH DISBURSEMENTS
?7M de 'PeWNt ~ .4f/1lit 167~.4f/1lit 30, 2003
",. ..,,,. . ..." ''''', ..., ..... , ..,
May 13, 2003
Presented are the cash disbursements issued by the Department of Financial Services for
the period April 16 to April 30, 2003. Shown are cash disbursements by week of
occurrence and type of payment.
WEEK TYPE OF PAYMENT AITACHMENT . . AMOUNT
April 18, 2003
Accounts Payable Cks 102722-102808 2 $ 393,339.86
Payroll Checks & Benefit Checks 3 298,360.50
691,700.36
April 25, 2003
Accounts Payable Cks 110000-110121 4 237,222.88
Two Week Total $ 928.923.24
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CITY OF ARROYO GRANDE
INDEX FOR BUDGET DEPARTMENTS
EDEN COMPUTER SYSTEM
GENERAL FUND (010) SPECIAL REVENUE FUNDS
City Government (Fund 010) Park Development Fee Fund (Fund 213)
4001 - City Council 4550 - Park DevelopmentFee
4002 - Administrative Services Traffic Signal Fund (Fund 222)
4003 - City Attorney 4501 - Traffic Fund
4101 - City Manager Transportation Fund (Fund 225)
4102 - Printing/Duplicating 4553 - Public Transit System
4120 - Financial Services Construction Tax Fund (Fund 230)
4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax
4130 - Community Development Police Grant Funds
4131 - Community Building (CDBG) 4201 - Law Enforcement Equip. (Fd 272)
4140 - Management Information System 4202 - State AB3229 Cops Grant (Fd 271)
4145 - Non Deparbnental 4203 - Federal Universal Hiring (Fd 274)
Public Safety (Fund 010) 4208 - Federal Local Law Enforcmt (FD 279)
4201 - Police Redevelopment Agency ( Fund 284)
4211 - Fire 4103 - Redevelopment Administration
4212 - Building & Safety ENTERPRISE FUNDS
Public Works (Fund 010) Sewer Fund (Fund 612)
4301 - Public Works-Admin & Engineering 4610 - Sewer Maintenance
4303 - Street/Bridge Maintenance Water Fund (Fund 640)
4304 - Street Lighting 4710 - Water Administration
4305 - Automotive Shop 4711 - Water Production
Parks & Recreation (Fund 010) 4712 - Water Distribution
4420 - Parks Lopez Administration (Fund 641)
4421 - Recreation 4750 - Lopez Administration
4422 - General Recreation CAPITAL IMPROVEMENT PROGRAMS (Fund 350)
4423 -' Pre-School Program 5501-5599 - Park Projects
4424 - Recreation-Special Programs 5601-5699 - Streets Projects
4425 - Children in Motion 5701-5799 - Drainage Projects
4426 - Five Cities Youth Basketball 5801-5899 - Water/Sewer/Street Projects
4430 - Soto Sport Complex 5901-5999 - Water Projects
4213 - Government Buildings
4460 - Parkway Maintenance
Dept. Index for Council
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ATTACill-1ENT 3
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
03/28/03 - 04110/03
04118103
FUND 010 265,608,65 Salaries Full time 173,785.48
FUND 220 13,564.39 Salaries Part-Time - PPT 18,708,29
FUND 284 4,766.23 Salaries Part-Time - TPT 8,517.16
FUND 612 4,902.47 Salaries OverTime 14,049.98
FUND 640 9,518.76 Salaries Standby 361.50
298,360.50 Holiday Pay 517.04
Sick Pay 3,006.82
Annual Leave By Back -
Vacation Buyback -
Sick Leave Buyback -
Vacation Pay 4,067.43
Comp Pay 1,413.57
Annual Leave Pay 3,325.62
PERS Retirement 18,816.07
Social Security 16,290.37
PARS Retirement 314.25
State Disability Ins. 770.84
Deferred Compensation 725.00
Health Insurance 26,992.54
Dental Insurance 3,657.21
Vision Insurance 808.60
Life Insurance 626.20
Long Term Disability 1,001.01
Uniform Allowance -
Car Allowance 400,00
Council Expense -
Employee Assistance 155.52
Boot Allowance -
Motor Pay 50.00
-
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---- .-_._----~ ~~...-----~-----
I.b.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~
BY: JANET M. HUWALDT, ACCOUNTING SUPERVISORq
SUBJECT: STATEMENT OF INVESTMENT DEPOSITS
DATE: MAY 13,2003
Attached please find a report listing the current investment deposits of the City of Arroyo
Grande, as of April 30, 2003, as required by Government Code Section 53646 (b).
_. ___________ n....... _____ - - ------------ -----.-.-
CITY OF ARROYO GRANDE
MONTHLY INVESTMENT REPORT
A4 tJ/ AtpUt 30, 2003
"
May 13, 2003
This report presents the City's investments as of April 30, 2003. It includes all
investments managed by the City, the investment institution, type of investment,
maturity date, and rate of interest. As of April 30, 2003, the investment portfolio was in
compliance with all State laws and the City's investment policy.
Current Investments:
The City is currently investing all short-term excess cash in the Local Agency
Investment Fund (LAIF) administered by the State Treasurer. This is a very high
quality investment in terms of safety, liquidity, and yield. The City may readily
transfer the LAIF funds to the City's checking account when funds are needed. At this
time, the City does not hold any other investments. The following is a comparison of
investments based on book values as of April 30, 2003 compared with the prior month
and the prior year.
LAIF INVESTMENT CURRENT PRIOR MONTH PRIOR YEAR
Date: April 2003 March 2003 April 2002
Amount: $13,700,000 13,700,000 12,050,000
Inter~st Rate: 1.88% 1.99% 2.85%
------.---...- -~._- .~
B.c.
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, APRIL 22, 2003
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. SPECIAL CITY COUNCIL MEETING:
Mayor Ferrara called the meeting to order at 6:30 p.m. Council Members Runels, Lubin and
Costello, City Manager Adams, Chief of Police TerBorch, Human Resources Manager
Sisko, and City Attorney Carmel were present.
2. PUBLIC COMMENT:
None.
(Council Member Jim Dickens arrived immediately after Public Comment.)
3. CITY COUNCIL CLOSED SESSION:
a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
Agency Negotiators: Rick TerBorch and Karen Sisko
Employee Organization: Service Employees' Intemational Union
(SEIU) - Local 620
4. RECONVENE TO OPEN SESSION:
Mayor Ferrara announced that there was no reportable action from the closed session.
5. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING:
The meeting was adjourned at 7:00 p.m.
Tony M. Ferrara, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative Servicesl
Deputy City Clerk
-
.- - -_..~.._---_.._-_.- -----------
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, APRIL 22, 2003
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Coun~il meeting to order at 7:00 p,m.
2. ROLL CALL
City Council: Council Members Runels, Lubin, Costello, Mayor Pro Tem Dickens,
and Mayor Ferrara were present.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of
Administrative Services Wetmore, Director of Financial Services
Snodgrass, Director of Public Works Spagnolo, Director of
Community Development Strong, Director of Parks, Recreation and
Facilities Hernandez, Chief of Police TerBorch, and Associate
Planner McClish.
3. FLAG SALUTE
Rodolfo Soriano, President of the Arroyo Grande Valley Kiwanis Club, led the Flag
Salute.
4. INVOCATION
Jean Bowser, Bahai Faith, delivered the invocation.
5. SPECIAL PRESENTATIONS
S.a. Proclamation - Recognizing Arroyo Grande High School Academic
Decathlon Team.
Mayor Ferrara presented Honorary Proclamations recognizing the Arroyo Grande High
School Academic Decathlon Team. Team Coach Lisa Gable-Ferguson and students
Alice Arbogast, Kathryn McChensy, James Moody, Adam Murphy, and Christian (Alex)
Voge accepted the Proclamations. Students Kirstin Barrett, Geoffrey Edelman, Daniel
Krichevsky, Aris Stoulil, and Tim Wood were also recognized; however, they were not
present to accept the Proclamations.
6. AGENDA REVIEW
None.
. 6.a. Resolutions and Ordinances Read in Title Only
Council Member Runels moved, Mayor Pro Tem Dickens seconded, and the motion
passed unanimously that all resolutions and ordinances presented at the meeting shall
be read in title only and all further reading be waived.
CITY COUNCIL MINUTES
APRIL 22, 2003
PAGE 2
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
William WaQner, Central Coast resident, spoke about the hazards of water fluoridation.
He advised the City's Zone 3 representative to say no to fluoridation. .
Gail LiQhtfoot, Arroyo Grande, also spoke in opposition to water fluoridation.
8. CONSENT AGENDA
Council Member Runels moved, and Council Member Costello seconded the motion to
approve Consent Agenda Items 8.a. through 8. L, with the recommended courses of
action. The motion carried on the following roll-call vote:
AYES: Runels, Costello, Lubin, Dickens, Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement Ratification.
Action: Approved the listings of cash disbursements for the period April 1, 2003 -
April 15, 2003.
8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from
the Water Facility Fund.
Action: Received and filed the March 2003 cash report and approved the
interfund advance from the Water Facility Fund to cover cash deficits in other
funds at March 31,2003.
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special City Council Meeting of March 25,
2003 and the Regular City Council/Redev~lopment Agency Meeting of April 8,
2003 as submitted.
8.d. Rejection of Claim Against City - I. Tamayo.
Action: Rejected claim.
8.e. Consideration of Adoption of Qrdinance Amending Arroyo Grande
Municipal Code, Chapter 10.16, Regarding Parking and Adoption of
Resolution Establishing Fines for Violations of Newly Adopted Parking
Restrictions.
Action: 1) Adopted Ordinance No, 538 amending Chapter 10.16 of the Arroyo
Grande Municipal Code, and 2) Adopted Resolution No. 3668 establishing fines
for violations of newly adopted parking regulations.
8.f. Consideration to Award Contract to Papich Construction for East Grand
Avenue, Phase III Streetscape and Street Improvement Project No. PW 2003-
01.
Action: 1) Awarded a construction contract for the East Grand Avenue Phase III
Project to Papich Construction in the amount of $1,103,134.90; 2} Authorized the
City Manager to approve change orders not to exceed the contingency of
$110,315.00 for use only if needed for unanticipated costs during the construction
phase of the project; and, 3) Directed staff to issue the Notice of Award and
Notice to Proceed with other necessary contract documents.
CITY COUNCIL MINUTES
APRIL 22, 2003
PAGE 3
8.g. Consideration of Authorization to Waive Application Fees for March of I
Dimes Walk America TUP 03-003.
Action: Waived fees in the amount of $105.00 for Temporary Use Permit 03-003; I
20th Annual March of Dimes Walk America.
8.h. Consideration of Designation of Voting Delegate for a Special Meeting of the
League of California Cities General Assembly.
Action: Appointed Mayor Ferrara as the voting delegate for the Special Meeting
of the League of California Cities General Assembly, May 15, 2003,
8.L Consideration of Revision of Funding Allocation for Program Year 2003
Community Development Block Grant Projects (CDBG).
Action: Adopted Resolution No. 3669 to revise funding allocation for program
year 2003 CDBG projects.
9. PUBLIC HEARINGS:
9.a. Consideration of Conditional Use Permit Case No. 02-010; Museum Addition
for the South County Historical Society at 127 Short Street.
Community Development Director Strong presented the staff report and recommended
the Council adopt a Resolution approving Conditional Use Permit 02-010 and instructing
the Director of Administrative Services to file a Notice of Exemption. Director Strong
responded to questions from Council regarding the proposed materials for the windows
and doors and clarified the building's intended use.
Mayor Ferrara opened the public hearing.
Kirk Scott, President of the South County Historical Society, commented on the terrific
working relationship between the City and the Historical Society; thanked the
Architectural Review Committee and Planning Commission for its invaluable input on this
project; clarified that the project would be used as an auxiliary building; requested that
the shutters be retained on the windows as depicted in the renderings; requested that
the condition of approval (#10) requiring window awnings be removed; and clarified the
color of stain to be used on the building. In response to questions from Council regarding
the roof material, Mr. Kirk displayed samples of the proposed roof material. He further
requested that members in the audience supporting the project raise their hands.
Nan Fowler, Planning Commission, stated her reasons for voting against the project and
stated that the placement of a tin, rust color shed was not appropriate on the Village
Green. She commented that the project should follow the Design Guidelines and
Standards developed for the Historic District.
Ross Konqable, member of the South County Historical Society, opposed the placement
of awnings over the windows. He commented that the building would be a museum to
display rolling stock and requested that the Council approve the project.
Hearing no further public comments, Mayor Ferrara closed the public hearing.
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CITY COUNCIL MINUTES
APRIL 22, 2003
PAGE 4
Council comments and discussion focused on the uniqueness of the building, including
the building's design, proposed roof material and building color-scheme; whether or not
window shutters should be included instead of installing awnings over the windows;
providing identifying signage on the site; and modifying the conditions of approval to
include City Council review of the project in six months.
Following discussion, there was consensus of the Council to modify Condition of
Approval #10 deleting the requirement for installation of a 12" - 18" overhang over all
windows and replacing it with the requirement for installation of wooden shutters over all
windows. In addition, there was consensus to modify Condition of Approval #8 to state
that the Conditional Use Permit shall be subject to review by the City Council at the end
of six (6) months from the date of approval and that review shall specifically address the
affect of building color and wooden shutters in softening the overall building appearance.
Council Member Costello moved to adopt a Resolution, as amended, instructing the
Director of Administrative Services to file a Notice of Exemption and approving
Conditional Use Permit 02-010, located at 127 Short Street, applied for by the South
County Historical Society. Mayor Pro Tem Dickens seconded the motion, and on the
following roll-call vote, to wit:
AYES: Costello, Dickens, Runels, Lubin, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
9.b. Consideration of Appeal of Conditional Use Permit Case No. 03-001, Vesting
Tentative Parcel Map Case No. 03-001 and Planned Sign Program 03-001;
Santa Lucia Bank, 1530 E. Grand Avenue.
Council Members Lubin and Runels declared financial conflicts of interest and stepped
down from the dais.
Community Development Director Strong presented the staff report and responded to
questions from Council.
Mayor Ferrara opened the public hearing.
Stan Cherry, President of Santa Lucia Bank, addressed concerns expressed about the
proposed number of drive-thru lanes. He stated that the bank strives to offer ten open
teller windows inside the bank and enough drive-up windows to provide good customer
service.
John Kniqht, RRM Design Group, addressed concerns expressed by the Planning
Commission and explained modifications made to the project which include an
enhanced pedestrian access/circulation pattern; a reduction in the building's size and
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CITY COUNCIL MINUTES
APRIL 22, 2003
PAGE 5
scale; replacement of palm trees with smaller, decorative trees; a modification of the
plaza wall to reduce the visual mass; and the availability of bike parking near the plaza
and near the retail buildings, close to the front doors.
Katcho Achadiian, Santa Lucia Bank Board Member, thanked the Council for its
consideration of the project. He stated the project would relieve traffic congestion at this
new location and that the retail and senior complex nearby would benefit from the
project. He asked the Council to support the project.
Jim Guthrie, Planning Commissioner, commented on the project's lack of compliance
with the General Plan. He commented that the project was overparked; expressed
concerns with the adequacy of the traffic analysis; and expressed concern that the
project did not begin to meet the General Plan requirement for higher intensity use in this
location.
Tim Brown, agreed with Mr. Guthrie that the project was overparked, not pedestrian
friendly, and that it was not the best use for the property. He also questioned why the
building was four foot above grade.
John Kniqht, RRM Design Group, responded to public comments regarding the drive-
thru lanes; the change in intensity; parking; and building height requirements.
Katcho Achadiian also responded to the concern regarding intensity of use. He noted
that a meeting room would be available in the building for potential community use.
Hearing no further public comments, Mayor Ferrara closed the public hearing.
Mayor Ferrara stated that he considered the project as consistent with smart-growth; the
project provides for a pleasing transition into the gateway; commented that as mixed-
use, the project meets balance and smart-growth concepts; agreed that the adjacent
building should remain as retail; the project would attract a resident/pedestrian
population; felt the project meets the goals of the E. Grand Avenue Master Plan;
believed that there is room for interpretation in the General Plan to allow the proposed
use; would like to look at tandem configuration for drive-thru lanes; would prefer to see
some other type of tree other than palm trees; expressed concerns with traffic on
Courtland; agreed that the applicant should add a deed restriction on the property to
ensure architecture is consistent on the adjacent building and would support adding a
condition that the adjacent building would be retail and not office; commented that the
project would realize tax increment for the Redevelopment Agency which would help the
City; commented that he liked the changes that had been made to the project; and
stated he was supportive of the project with the stated conditions.
Council Member Costello stated that his biggest concern was pedestrian accessibility
from the senior project. He felt it was necessary for the walkway to be widened to E.
Grand Avenue with the elimination of the drive-through lanes. He said he could support
the project if that area was modified, as the general accessibility needed to be improved.
He said the bank could serve the residential community and he encouraged the
expansion of retail use.
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CITY COUNCIL MINUTES
APRIL 22, 2003
PAGE 6
Mayor Pro Tem Dickens stated he would like to see Santa Lucia Bank located on this
corner and in referring to the General Plan, he had no difficulties fitting this project into
the land use objectives. He commented that the project was lacking in its architectural
design and that it portrayed more of a Southern California theme. He did not support the
planting of palm trees, expressed concerns with the driveway access/configuration; and
as far as intensity of use, encouraged more mixed-use.
Mayor Ferrara asked the applicant to address the concerns expressed with regard to the
architecture, the pass-through walkway, and increasing the size of the retail pad.
John KniQht, RRM Design Group, stated that the architecture style was very important to
Santa Lucia Bank, as it was a part of their identity. He addressed the concerns relating
to the walkway and said they could accommodate the suggested changes; and provided
two options for the retail building which included increasing the building's square footage
to the north, decreasing the parking, or designing a two-story building. He agreed that
restricting the downstairs use to retail was a good idea. He requested a continuance of
the project in order to work with staff on modifying the project.
Council Member Costello moved to continue the item until May 13, 2003, Mayor Pro
Tem Dickens seconded the motion, and on the following roll call vote, to wit:
AYES: Costello, Dickens, Ferrara
NOES: None
ABSENT: Lubin, Runels
There being 3 A YES, 0 NOES, and 2 ABSENT, the motion is hereby declared to be
passed.
Mayor Ferrara called a break at 9:44 p,m. The Council reconvened at 9:50 p.m.
Council Members Lubin and Runels returned to the dais.
9.c. Consideration of Amended Conditional Use Permit Case No. 03-002;
Applicant, Investec Properties, Inc. for Fitness 19; Location - Rancho
Parkway, Five Cities Center, Building "F".
Community Development Director Strong presented the staff report and recommended
the Council adopt a Resolution allowing a health and fitness center to occupy Building F
in the Five Cities Center.
Mayor Ferrara opened the public hearing.
Nick Milat, Fitness 19 representative, gave an overview of the business and stated that
he and Robert Lineberger were available to answer questions about the project.
CITY COUNCIL MINUTES
APRIL 22, 2003
PAGE 7
David Pintard, Investec representative, spoke in favor of the proposal. He explained that
the building has been empty and that it did not lend itself to retail use. He stated that the
proposed use would bring consumers in to the Center and that Investec was looking for
long-term tenants. He said filling this space would conclude the leasing of Building J.
Hearing no further public comments, Mayor Ferrara closed the public hearing.
Council Member Lubin referred to the picture of a "Join Now" membership trailer in the
staff report and asked if such a trailer was included in this proposal. Director Strong
replied it was not included.
Council Member Lubin commented on the issue of income from sales tax revenue;
however, he looked at the site, looked at the parking lot, looked at the other fitness
center in the City that was almost maxed out, and commented that this use would bring
more people to the complex. He stated he could support the project and that the City
would gain potential benefit of sales tax revenue from members who use the Center and
then visit the other stores in the complex.
Council Member Costello addressed the issue regarding potential loss of sales tax. He
said that the trade-off was that the building would not sit there empty. He commented
that the people coming to the Fitness Center would shop at the stores in the Five Cities
Center; therefore, he could support the project.
Council Member Runels said the buildings were built to be a retail center and that the
proposed use would not provide any sales tax. He could not support the project as
proposed.
Mayor Pro Tem Dickens felt that this was an appropriate request and commented that
Investec has tried with much difficultly to lease the building. He said there was a need
for this type of service. He recommended the applicant contact the Physical Education
Department at Arroyo Grande High School to encourage student access to the facility.
He supported the project.
Mayor Ferrara commented that he wished there was another place in the City that would
meet the applicant's needs, and not in Five Cities Center. He referred to the sales tax
and stated that a statement of overriding considerations was required to approve the
shopping center project. He said that one of the primary overriding consideration findings
relied on the sales tax revenue projections. He said he could not support the proposal
based on that finding. He suggested that teamwork was needed between Investec and
the Economic Development Department to find a retail use for the building.
Council Member Lubin moved to adopt a Resolution adopting a Negative Declaration,
instructing the Director of Administrative Services to file a Notice of Determination, and
approving Amended Conditional Use Permit Case No. 03-002, located at 908 Rancho
CITY COUNCIL MINUTES
APRIL 22, 2003
PAGE 8
Parkway, applied for by Investec Properties, Inc. for Fitness 19. Mayor Pro Tem Dickens
seconded the motion, and on the following roll-call vote, to wit:
AYES: Lubin, Dickens, Costello
NOES: Runels, Ferrara
ABSENT: None
There being 3 A YES and 2 NOES, the motion is hereby declared to be passed.
9,d, Consideration of General Plan Amendment Case NQ. 03-001 and
Development Code Amendment Case No. 02-006.
Associate Planner McClish presented the staff report and recommended the Council: 1)
Adopt a Resolution amending the General Plan to change the land use designation of
certain properties on Nelson Street and S. Mason Street from Single Family Residential-
Medium Density to Village Core; and 2) Continue Development Code Amendment Case
No. 02-006 to June 10, 2003.
Mayor Ferrara opened the public hearing.
Connie Cetti, Arroyo Grande, stated she was purchasing property on Nelson and plans
to relocate her antique store to this area. She supported the proposal to change the
land use designation.
Chuck Fellows, Arroyo Grande, acknowledged and appreciated that public notices were
sent to the neighborhood.
Mayor Ferrara closed the public hearing.
Council Member Costello moved to adopt a Resolution approving General Plan
Amendment 03-001; Changing the land use designation for certain properties on Short
Street and Nelson Street from Single Family Residential-Medium Density to Village
Core. Council Member Runels seconded the motion, and on the following roll-call vote,
to wit:
AYES: Costello, Runels, Lubin, Dickens, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
Council Member Costello moved and Mayor Pro Tem Dickens seconded the motion to
continue consideration of Development Code Amendment Case No. 02-066 to the June
10, 2003 City Council meeting. The motion passed unanimously by voice vote.
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CITY COUNCIL MINUTES
APRIL 22, 2003
PAGE 9
9.e. Consideration of Development Code Amendment 01-003 - Design
Guidelines for Historic Districts.
Associate Planner McClish presented the staff report and recommended the Council
adopt a Resolution repealing a portion of the 1994 "Design Guidelines for Historic
Districts" and adopt the 2003 "Design Guidelines and Standards for Historic Districts" as
applied to the Village districts in Design Overlay District 2.4; and 2) Introduce an
Ordinance amending Section 16.08.010 of Title 16 of the Arroyo Grande Municipal Code
incorporating the 2003 "Design Guidelines and Standards for Historic Districts" and
amending the Zoning Map for Design Overlay District 2.4 to expand its boundaries.
Mayor Ferrara opened the Public Hearing.
Chuck Fellows, Arroyo Grande, spoke in support of this item.
Hearing no further public comments, Mayor Ferrara closed the Public Hearing.
Mayor Pro Tem Dickens moved to adopt a Resolution repealing a portion of the 1994
"Design Guidelines for Historic Districts" and adopting the 2003 "Design Guidelines and
Standards for Historic Districts" as applied to the Village districts in Design Overlay
District 2.4. Council Member Costello seconded the motion, and on the following roll-call
vote, to wit:
AYES: Dickens, Costello, Runels, Ferrara
NOES: Lubin
ABSENT: None
There being 4 A YES and 1 NO, the motion is hereby declared to be passed.
Council Member Costello moved to introduce an Ordinance amending Section 16.08.010
of Title 16 of the Arroyo Grande Municipal Code incorporating the 2003 "Design
Guidelines and Standards for Historic Districts" and amending the Zoning Map for
Design Overlay District 2.4 to expand its boundaries. Council Member Runels seconded
the motion, and on the following roll-call vote, to wit:
AYES: Dickens, Costello, Runels, Ferrara
NOES: Lubin
ABSENT: None
There being 4 A YES and 1 NO, the motion is hereby declared to be passed.
10. CONTINUED BUSINESS
None.
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CITY COUNCIL MINUTES
APRIL 22, 2003
PAGE 10
11. NEW BUSINESS
11.a. Consideration of Request from the City of Pismo Beach to Support
Examining the Feasibility of Allowing Pismo Beach to Join the South San
Luis Obispo County Sanitation District.
City Manager Adams presented the staff report,
Mayor Ferrara opened up the item for public comment.
The following members of the public addressed the Council with regard to whether a
feasibility study should be prepared examining the feasibility of allowing the City of
Pismo Beach to join the South San Luis Obispo County Sanitation District:
Gordon Shore, Oceano, spoke in opposition (submitted letter for the record).
Mary Rivas, Arroyo Grande, spoke in opposition.
Joe Crescione, Pismo Beach Mayor, spoke in favor.
Tom Murray, rural Arroyo Grande, spoke in favor.
Jim Guthrie, Arroyo Grande, spoke in favor.
Joe Sharker, Oceano, spoke in favor.
Jim Hill, Oceano, spoke in favor.
Steve Lieberman, Grover Beach Council Member, spoke in favor.
Bill Senna, Oceano, spoke in opposition.
PeQQY Wilson, spoke in opposition.
Don Day, Pismo Beach spoke in favor.
Ron Arnoldsen, Grover Beach Mayor, spoke in favor.
Joe Crescione, Pismo Beach Mayor, distributed a chart depicting a historical timeline of
the Five Cities area sewage disposal; spoke in favor.
The following letters were submitted for the record:
Linda Austin, Oceano, in opposition.
W.P. Deschenes, Oceano, in opposition.
Upon hearing no further public comments, Mayor Ferrara closed the floor to public
comment and brought the item back to Council for consideration,
Council Member Costello supported a comprehensive study in order to look at the
impacts to the City and impacts to the member agencies. Council Member Runels
. asked what the timeframe was for the study. Mayor Ferrara inquired as to the scope of
the study.
Council Member Lubin requested that the results of the study come back to the Arroyo
Grande Council for further consideration. He stated that in addition to financial and
environmental data, the study should include all aspects of Pismo Beach's inclusion to
the District, reflecting build-out of all entities, project specific and cumulative
CITY COUNCIL MINUTES
APRIL 22, 2003
PAGE 11
environmental impacts; and long-term impacts of having a larger plant. He commented
that $30,000 may not be sufficient for a full-study. He suggested that the cost of the
study be determined based on a pre-determined scope of study to include as much
information and facts in order to determine the best interests of Arroyo Grande and the
Five Cities area.
Mayor Pro T em Dickens noted that the City of Pismo Beach is also moving forward with
existing plant expansion efforts. He agreed with concerns expressed with regard to
environmental impacts to the ocean. He suggested that the scope of work for the study
include information regarding plant capacity to build out of all entities; peak hour
capacity; plant expansion needs to accommodate build-out; wastewater expansion
versus reclamation; projected environmental regulations; bio-solids disposal;
environmental impacts to the surrounding area; proposed governing changes; fiscal
projections and Pismo Beach's contributions; and finally, that all stakeholders have input
into the final scope of study and results.
Mayor Ferrara referred to OCSD's letter indicating that the "study should put the issue to
rest". He said there was a need to address the concerns of all involved.
Council Member Lubin moved to approve the request from the City of Pismo Beach to
support examining the feasibility of allowing Pismo Beach to join the South San Luis
Obispo County Sanitation District; and further moved that the results of the study come
back to the Arroyo Grande City Council for consideration. Council Member Runels
seconded the motion, and on the following roll-call vote, to wit:
AYES: Lubin, Runels, Costello, Dickens, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
12. CITY COUNCIL REPORTS
a. MAYOR TONY M. FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORT A). SLORT A: 1) SLORT A 2003-04
Budget was approved; 2) Contract was awarded to Southland Transit for
CCA T and RunAbout services. SLOCOG: 1) Funding approved to
continue with Gateway project and street enhancements; 2) 2003 revenues
resulting in shortfall of available funds; will use discretion in review of
projects; 3) Gave update on status of housing legislation and HCD staffing
issues.
(2) Integrated Waste Management Authority (IWMA). No report. Meets
tomorrow.
(3) Other. None,
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CITY COUNCil MINUTES
APRil 22, 2003
PAGE 12
b. MAYOR PRO TEM JIM DICKENS:
(1) South County Youth Coalition. Reported that the foster care system is
being reviewed; there is a need for more youth activities at the High School
level; identifying organizations in the area that provide service to the
community.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). 1)
Negotiating with County for land being used for District operations; 2)
Discussed federal and environmental regulations; and 3) Reported that the
plant continues to run effectively and efficiently,
(3) Other, None.
c. COUNCIL MEMBER THOMAS A. RUNELS:
(1) Zone 3 Water Advisory Board. No report. Technical Committee met.
Reported that the Dam project is 90% complete.
(2) County Water Resources Advisory Committee (WRAC). Reported that
Zone 1 A was turned over to the State,
(3) Other. None.
At 11 :57 pm., the Mayor requested a motion to continue the meeting past midnight.
Mayor Pro Tem Dickens moved to continue the meeting past 12:00 a.m., Council
Member Lubin seconded, and the motion carried unanimously by voice vote.
d. COUNCIL MEMBER SANDY lUBIN:
(1) South County Area Transit (SCAT). 1) Identification of the busses will
say RTA with South County Area Transit listed below; 2) An interim
contract for senior taxi service was secured with Central Coast Taxi; the
Board voted to move forward with a long-term contract. Prices will be
raised to $40 for a 10-ride coupon book; 3) The Board will begin meeting
every other month; 4) Council Member Lubin announced his appointment
as Chair of the SCAT Board; and 5) The Board postponed adoption of the
budget.
(2) Economic Vitality Corporation (EVC), 1) Presentation received by
Mission Community Services Corporation regarding the Woman's Business
Center proposal; and 2) EVC sent letter of support for the proposed airport
expansion.
(3) Other. None,
e. COUNCil MEMBER JOE COSTEllO:
(1 ) Air Pollution Control District (APCD). No report,
(2) Other. None,
13. CITY COUNCIL MEMBER ITEMS:
None.
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CITY COUNCIL MINUTES
APRIL 22, 2003
PAGE 13
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
None.
16. STAFF COMMUNICATIONS:
None.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 12:04 a.m.
Tony M. Ferrara, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative Servicesl
Deputy City Clerk
(Approved at CC Mtg )
MINUTES
SPECIAL JOINT MEETING
CITY COUNCILS OF ARROYO GRANDE, GROVER BEACH, PISMO BEACH and
COUNTY OF SAN LUIS OBISPO, 3rd & 4th DISTRICT SUPERVISORS
Monday, April 28, 2003 - 6:30 p.m.
South County Regional Center - 800 W. Branch Street
Arroyo Grande, California
1. CALL TO ORDER
Arroyo Grande Mayor Tony Ferrara called the Special Joint Meeting to order at 6:32
p.m.
2. PLEDGE OF ALLEGIANCE
Arroyo Grande Mayor Ferrara led the Pledge of Allegiance.
3. ROLL CALL:
Arroyo Grande City Council Grover Beach City Council
Tony M. Ferrara, Mayor Ronald P. Arnoldsen, Mayor
Jim Dickens, Mayor Pro Tem Dee Santos, Mayor Pro T em
Thomas A. Runels, Council Member David Ekbom, Council Member
Sandy Lubin, Council Member Stephen C. Lieberman, Council Member
Joe Costello, Council Member John p, Shoals, Council Member
Pismo Beach City Council County Board of Supervisor Reps
Joe Crescione, Mayor Peg Pinard, 3rd District
Rudy Natoli, Mayor Pro Tem Katcho Achadjian, 4th District
Arlene Gonzales-Gee,Council Member
Bill Rabenaldt, Council Member
Mary Ann Reiss, Council Member
4. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
None.
5. BUSINESS ITEMS
a. Agreement on Goals of Meeting (Ferrara)
Arroyo Grande Mayor Ferrara gave a brief overview and background on the activity that
led to this meeting. He explained that the purpose of the joint meeting was to discuss
strategies of planning together to meet housing goals on a sub-regional basis.
b. Review of the Housing Allocation, Status of Housing Element Update, and
Housing Constraints of Each Jurisdiction (Heffernon, Bloom, Zaleschuk,
Lilley)
Arroyo Grande Associate Planner Kelly Heffernon introduced SLOCOG Deputy Director
Steve Devencenzi; Grover Beach Assistant Community Development Director Susan
SPECIAL JOINT MEETING MINUTES
CITY COUNCILS AND BOARD OF SUPERVISOR REPS
APRIL 28, 2003
PAGE 2
Zaleschuk; Pismo Beach Community Development Director Randy Bloom; and SLO
County Planner Dana Lilley,
Mr. Devencenzi, SLOCOG, gave a presentation on the Regional Housing Needs Plan
(RHNP) which is a state mandated effort to address the need for affordable housing in
all communities. He explained that each jurisdiction in San Luis Obispo County was
assigned a share of the anticipated regional housing need based upon anticipated
population and employment growth. He reviewed the allocation process and
methodology and how the formula was modified and adopted; and explained that State
law provides for housing unit allocation to cities and counties for use in establishing
targets in their respective Housing Elements.
Arroyo Grande Associate Planner Heffernon gave an overview of the City of Arroyo
Grande's profile, including population (16,294) and size (5.5 square miles); reviewed the
City's housing unit allocation by income (1,192 total units); reviewed the City's approach
which has included establishing a Local Housing Task Force (LHTF) and hiring a private
consultant to assist staff and the LHTF with the Housing Element Update; and reviewed
the status and schedule of the City's Work Program for its Housing Element Update.
Grover Beach Assistant Community Development Director Susan Zaleschuk gave an
overview of the City of Grover Beach's profile, including population (13,067) and size
(2.2 square miles); reviewed the City's housing unit allocation by income (686 total
units); reviewed the City's local issues; displayed a map showing vacant lots within the
City; and reviewed the status and schedule of the City's Work Program for its Housing
Element Update.
Pismo Beach Community Development Director Randy Bloom gave an overview of the
City of Pismo Beach's profile, including population (8,672) and size (13.45 square
miles); reviewed the City's housing unit allocation by income (530 total units); reviewed
the City's approach for updating its Housing Element, which has included the hiring of a
consultant to assist in the Housing Element Update process due to the City's location in
the Coastal Zone and the need for Coastal Commission approval; reviewed the City's
local issues; and reviewed the status and schedule of the City's Work Program for its
Housing Element Update.
Dana Lilley, Supervising Planner, Housing & Economic Planning Division of the County
Planning and Building Department reviewed the County's progress on its Housing
Element Update and alternative approaches to providing additional housing; reviewed
the County's housing unit allocation by income (7,020 total units); gave an overview of
recently completed housing units built in 2001 and 2002 which the County feels
optimistic that HCD would count towards the RHNP requirements; and reviewed new
housing programs, which includes an emphasis on designating more land as
Residential Multi-Family (RMF) and creating new towns.
County Supervisor Achadjian spoke about affordable housing issues in the County and
stated he did not want to see affordable housing all in one area. He supported the new
town idea and explained that the Board of Supervisors gave direction to look at the idea
during upcoming budget hearings.
SPECIAL JOINT MEETING MINUTES
CITY COUNCILS AND BOARD OF SUPERVISOR REPS
APRIL 28, 2003
PAGE 3
At this time, Arroyo Grande Mayor Ferrara directed the Mayors of each City to facilitate
questions from their respective Councils.
Questions and discussion ensued regarding whether or not a sub-regional agreement
would negate the allocation numbers assigned to each jurisdiction; clarification that the
numbers would not change; however, the strategy could involve shifting of allocated
numbers; clarification that any shift in numbers would need to be approved by SLOCOG
and HCD; the need to balance affordable housing throughout the County; and
endorsing the process of having the planners (staff) work together to develop other
strategies. Further discussion involved the timeline and deadlines for submitting
updated Housing Elements to the State and an explanation of HCD's review and
approval process. There was discussion regarding the need to provide jobs for low and
very low-income households; how much available commercial land there is within the
County; and the challenges of locating appropriate land within each City for affordable
housing.
Grover Beach Assistant Director Zaleschuk noted that staff from each jurisdiction and
SLOCOG staff have been meeting regularly to discuss planning issues.
It was noted that the cities and county should also be looking at overall zoning to
maintain balance and to put patterns of development together to see how well land uses
are matched up. It was suggested that Public Works and Engineering staffs should also
be working together because a'lthough the focus is on housing, impacts will occur on
streets and other infrastructure.
c. Agreement on Strategy and Process
Arroyo Grande Mayor Ferrara summarized the points of discussion and direction as
follows: 1) As the December 31 deadline is approaching and each jurisdiction has
started the Housing Element Update process, it was agreed that Community
Development staff would proceed as planned to complete their respective Housing
Elements; 2) Through the Local Housing Task Force process, continue to meet to
discuss zoning, construction, finance issues, incentives; 3) Focus on the next cycle of
allocations and work together to coordinate how to address future housing needs on a
sub-regional basis; and 4) Direct staff to work together on ways to coordinate
implementation of the measures identified in each jurisdiction's Housing Element.
There was unanimous consensus among all jurisdictions present.
Pismo Beach Community Development Director Bloom noted that SLOCOG is in the
process of implementing the PLACES program which is a GIS based system. Mr.
Devencenzi explained the PLACES program and stated it should be available for use
next year.
Arroyo Grande Mayor Ferrara thanked everyone for attending the meeting.
SPECIAL JOINT MEETING MINUTES
CITY COUNCILS AND BOARD OF SUPERVISOR REPS
APRIL 28, 2003
PAGE 4
6. ADJOURNMENT
Time: 9:04 p.m.
Recorded by:
Kelly Wetmore
Director of Administrative Services/Deputy City Clerk
City of Arroyo Grande
---~.._...- -_.__.._.~.._._--
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, APRIL 29, 2003
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. SPECIAL CITY COUNCIL MEETING:
Mayor Ferrara called the meeting to order at 5:30 p.m. Council Members Runels and
Costello, Mayor Pro Tem Dickens, Community Development Director Rob Strong, City
Manager Adams and City Attorney Carmel were present.
2. PUBLIC COMMENT:
None.
3. CITY COUNCIL CLOSED SESSION:
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to Government Code
Section 54956.9(b) involving one potential case,
4. RECONVENE TO OPEN SESSION:
Mayor Ferrara announced that there was no reportable action from the closed session.
5. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING:
The meeting was adjourned at 6:30 p.m.
Tony M. Ferrara, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative Servicesl
Deputy City Clerk
-.,-,.--"--- ~-'----
MINUTES
SPECIAL JOINT MEETING
ARROYO GRANDE CITY COUNCIL and I
LUCIA MAR UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION
Tuesday, April 29, 2003 - 6:30 p.m.
City Council Chamber, 215 E. Branch Street
Arroyo Grande, California
1. CALL TO ORDER
Arroyo Grande Mayor Tony Ferrara called the Special Joint Meeting to order at 6:30
p.m.
2. PLEDGE OF ALLEGIANCE
Arroyo Grande Mayor Ferrara led the Pledge of Allegiance.
3. ROLL CALL:
Arroyo Grande City Council Lucia Mar Unified School District Board
Tony M. Ferrara, Mayor AI Baughman, Board Member
Jim Dickens, Mayor Pro Tem Doreen Curtze, Board Member
Thomas A. Runels, Council Member Terri Ikeda, Board Member
Sandy Lubin, Council Member Georgie O'Connor, Board Member
Joe Costello, Council Member Gee Gee Soto, Board Member
LMUSD President Donna Mills and Board Member Erik Howell were absent.
Board Member Soto provided welcoming comments and introduced Terri Ikeda and AI
Baughman as the Board's newest members. She also introduced Diana Larsen, the
newly appointed Deputy Superintendent of Business.
4. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
None.
5. DISCUSSION ITEMS
City Manager Steve Adams provided opening comments and stated that the purpose of
the joint meeting was to share items of mutual interest.
a. Fair Oaks/Orchard Street intersection traffic improvement concepts.
Director of Public Works Don Spagnolo provided an update on the status of the City's
efforts regarding traffic impacts at the Fair Oaks Avenue/Orchard Street intersection and
gave a brief review of alternatives that may provide relief for the congestion experienced
at the intersection.
Paul McClintic, representing Caltrans District 5, gave a presentation entitled "Fair Oaks
Arterial Improvement Alternatives Analysis Summary" which was prepared following
SPECIAL JOINT MEETING MINUTES
CITY COUNCIL AND LMUSD BOARD OF EDUCATION
APRIL 29, 2003
PAGE 2
concerns expressed about the traffic congestion condition along Fair Oaks Avenue and
the Fair Oaks Avenue southbound off ramp during the a.m. hours; reviewed the traffic
data collection process; and presented short and long-term improvement alternatives
using traffic simulation software. He stated that Caltrans staff would like to work with
the High School on a circulation plan.
Discussion and comments ensued regarding pros and cons of each alternative
presented; traffic relief experienced from the opening of Nipomo High School; favoring
an alternative that is not permanent and putting in place a temporary solution on a trial
and error basis; potential ramifications of closing down the Fair Oaks ramp; traffic safety
issues; and the importance of addressing the Fair Oaks off ramp stacking issue. There
was discussion regarding circulation around the high school; and a potential roadway
connection from Orchard Street to Valley Road. Mr. Sears stated they would consider
modifying school district work hours to reduce traffic on Orchard Street.
Mayor Ferrara opened up the item for public comments.
Colleen Martin, Arroyo Grande resident, acknowledged the traffic impacts and
suggested 1) installing stop signs at the high school parking lot exits; and 2) that Arroyo
Grande Police Officers get out of their cars to direct traffic during peak hours.
Nikole Miller, AGHS student, spoke on behalf of her friends at AGHS stating that driving
to school should not be dangerous and scary. She encouraged the District and the City
to find a solution to the problem.
Hearing no further public comments, Mayor Ferrara closed the floor to public comments.
There was no action taken on this item.
b. Status and funding options for construction of the Hidden Oaks Elementary
School proiect.
Deputy Superintendent Mike Sears provided an update on the status and funding
options for the construction of the Hidden Oaks Elementary School project.
Discussion and questions included future district enrollment projections; proposed
funding sources; total costs for building a new school; clarification from the District that it
intends to keep the land even if the school is not built right away; and funding issues
related to ongoing maintenance of a new school.
Mayor Ferrara opened up the item for public comment.
Colleen Martin, Arroyo Grande, spoke in support of keeping the Harloe Elementary
School site open and the District's efforts to build a new elementary school in another
location.
Hearing no further public comments, Mayor Ferrara closed the floor to public comments.
There was no action taken on this item.
SPECIAL JOINT MEETING MINUTES
CITY COUNCIL AND LMUSD BOARD OF EDUCATION
APRIL 29, 2003
PAGE 3
Mayor Ferrara called a break at 8:00 p.m. The meeting reconvened at 8:09 p.m,
c. Community Recreation Center/Pool project concepts and alternatives.
Director of Parks, Recreation, and Facilities Hernandez provided an update and status
of the South County Community Recreation Center project, and displayed a rendering
of a proposed recreation center with amenities. He explained that currently, the City
has no funds designated or available for this project; however, there are grants that may
be available and other potential funding strategies are being developed. He also
reported that several implementation strategies have been developed, including the
pursuit of public-private partnerships. Director Hernandez also reported that staff had
been working with the school on the pool component.
Discussion and comments ensued with regard to the history of the pool at AGHS;
agreement that the pool should continue to be utilized for community use; agreement
that there was a great unmet need in the community for a multi-purpose recreation
center; completing the project in phases; suggestions for identifying grants for certain
recreation programs and services; concerns regarding funding issues, and support for
pursuing private-public partnerships.
Mayor Ferrara opened up the item for public comment.
Rob StronQ, Community Development Director, spoke regarding a Cal Poly project that
incorporated segments of the property adjacent to the Woman's Club Community
Center as a potential recreation center site.
Hearing no further comments, Mayor Ferrara closed the floor to public comments.
There was no action taken on this item,
d. Arroyo Grande High School renovation project conceptual design and
potential bond measure.
Deputy Superintendent Sears provided an update on progress District staff has made in
exploring the possibility of a major renovation plan for AGHS; as well as an update on
research into a possible local general obligation bond to pay for the renovation plan. He
presented a brief background on how the issue evolved; displayed a rendering of a
conceptual architectural plan and reviewed the proposed improvements; and stated that
the Board of Education has entered into an agreement with a firm to explore the options
for conducting a bond election to issue general obligation bonds to pay for the major
renovations.
Discussion and comments included questions about drainage; how long the project
would take to complete; how the project would be phased; comments received about
the appearance of the high school sinGe the Clark Center opened and the need to
update the surrounding buildings; and other minor renovations currently underway on
campus.
SPECIAL JOINT MEETING MINUTES
CITY COUNCIL AND LMUSD BOARD OF EDUCATION
APRIL 29, 2003
PAGE 4
Mayor Ferrara opened up the item for public comments.
Colleen Martin, Arroyo Grande, announced the District's Board Meeting at 7:00 p.m.
tomorrow and encouraged residents to come and give input on what the school should
look like.
Hearing no further public comments, Mayor Ferrara closed the floor to public comments.
City Manager Adams asked if the Council would support staff working with the District to
pursue a partnership with regard to the pool. Following discussion, there was
consensus of the Council to direct staff to work with the District on a potential expansion
of the high school pool facility and increase in community use,
There was no action taken on this item.
5.e. Arroyo Grande High School parking issues and status.
Deputy Superintendent Sears provided an update on the issues and concerns regarding
parking at AGHS. He explained that student population has decreased since the
opening of Nipomo High School, which also resulted in a decrease in staff population.
He commented that this would result in reduced daily traffic/parking at AGHS.
Police Chief TerBorch also referred to the usage of the Clark Center during the day and
the resulting difficulties of enforcing permit parking. He explained that an alternative
had been worked out which should resolve the issue. He also reported that some
permit only zones around the City may be eliminated due to the opening of Nipomo HS.
Chief T erBorch stated that one issue that has arisen is the fact that the Police
Department cannot enforce No Parking zones within Tract 2207 as the streets have not
yet been dedicated. In response to questions raised during earlier public comment,
Chief TerBorch explained that due to staffing issues, the Police Officers patrolling the
high school area during peak hours could not get out of their vehicles to direct traffic
because they may have to respond to other calls for service. In response to a question
whether Police Department volunteers would be appropriate for directing traffic, Chief
TerBorch responded they could be used only when teamed with paid personnel. He
concluded by thanking the District for working cooperatively with the Police Department.
There was further discussion regarding the opening up of the access road behind the
school. Superintendent Nancy DePue stated the road was located on school property
and concerns had been expressed with opening up the road for public use due to safety
concerns. She looked to the Board Members as to whether they would be interested in
readdressing the issue. Following a poll of Board Members, there was consensus that
the Board was open to looking at options. City staff was encouraged to work with
District staff on proposals to open and improve the road behind the high school to
access Valley Road.
Mayor Ferrara opened up the item for public comments, and upon hearing none, closed
the floor to public comments,
SPECIAL JOINT MEETING MINUTES
CITY COUNCIL AND LMUSD BOARD OF EDUCATION
APRIL 29, 2003
PAGE 5
There was no action taken on this item.
5.e. Relocation of bus maintenance facilitv.
City Manager Adams explained that the primary purpose of placing this item on the
agenda was to provide an opportunity for the City to express a concern regarding
school bus traffic and congestion through the Village and to discuss ways in which to
work together to address common issues. He explained that City and District staff had
informally discussed a number of preliminary concepts, which could include a joint
City/School District maintenance facility or a joint City/County/School District facility.
Board Members expressed concerns with relocating their existing bus maintenance
facility due to the expense issues involved and losing the acreage of the current site.
Mayor Ferrara opened up the item for public comments.
Colleen Martin, Arroyo Grande, spoke in favor of looking in other areas for the potential
relocation of the bus maintenance facility.
Michael Leon, Grover Beach, responded that there was no available land in Grover
Beach for such a facility.
Hearing no further public comments, Mayor Ferrara closed the floor to public comments,
There was no action taken on this item.
6. CITIZENS' INPUT , COMMENTS, AND SUGGESTIONS.
None,
7. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 9:04 p.m.
Recorded by:
Kelly Wetmore
Director of Administrative Services/Deputy City Clerk
City of Arroyo Grande
B.d.
MEMORANDUM
TO: CITY COUNCIL
FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES ~
SUBJECT: REJECTION OF CLAIM AGAINST CITY - K. RANDOLPH
DATE: MAY 13, 2003
RECOMMENDATION:
It is recommended the City Council reject the attached Claim for Damages against the
City filed by Safeco Insurance on behalf of Kathleen Randolph.
FUNDING:
None.
DISCUSSION:
The City's insurance administrators have reviewed the claim of Kathleen Randolph and
recommend it be rejected.
Attachments:
1. Claim
2. Status Report
3. Rejection Letter
---~--- ____ J
.
~ SAFECO. Attachment 1
SAFECO PROPERTY & CASUAL TY INSURANC1ff<?~i(~If)",., ...... .
J I 0, A~ft(jYe t'" t" r~1:"
... . -'tt.-'''' .',
SAFECO Insurance Company of America . Plione: (800) 332-3226
Recovery Management 03 FES 21 PH 12: I Jax: (314) 957-7011
1315 North Highway Dr. (877) 215-6955
Fenton, MO 63099 www.safeco.<:om
Mailing address:
P.O. BOX 461
St Louis. MO 63166
February 19,2003
Arroyo Grande City Manager Attn Mary Bassett C'. C~W~~~
Po Box 550 ~~~
Arroyo Grande, CA 93421
Insured Name: Kathleen Randolph fJJ,li'-~'V'
Policy Number: OA2946671 J=1 (j}
Loss Date: October 15,2002
Claim Number: 489829881007
To Whom It May Concern:
Our policyholder has submitted a claim for damage to their property. We have investigated the
claim and concluded that you are responsible for the loss.
Enclosed you will fmd documentation to support our claim.
The total amount of damage to our policyholder's property is $21,497.51, which includes a
$500.00 deductible. Please send us a check for $21,497.51 or contact us within the next 15 days
to arrange payment.
If you are insured, please refer this letter to your insurance carrier and ask them to contact us.
Also, please provide us with your insurance company's name and address so that we may direct
further correspondence to them.
We appreciate your cooperation and look forward to hearing from you or your insurance carrier.
If you have any questions regarding this claim, please contact our Recovery Management
Department at 1-877-622-5020.
Sincerely,
. d)tJ1M
Diane Berkel
Recovery Management
SAFECO Insurance Company of America
(800) 332-3226 Ext: 77011
----- -~_._-----_..--._.-
Attachment 2
CI REEEIVE()
Next ReportI1ueCl'\IIa1f< f1:9,'rlDOJ A (~g E
03 APR I I PH 2: I 6
STATUS REPORT #2
April 10, 2003
City of Arroyo Grande
P.O. Box 550
Arroyo Grande, CA 93420
Attention: Steven Adams, City Administrator
RE: My Principal City of Arroyo Grande
DOl 10/15/02
Claimant Safeco Insurance/ Kathleen Randolph
My File No. A10991-S
Dear Mr. Adams:
PREVIEW:
The claimant's insurance carrier alleges their insured's property was damaged by
flooding because of a failed regulator on water service.
REPLY REQUEST
GOVERNMENT CODE REQUIREMENTS
Action By Public Entity:
I recommend that the City forward a standard rejection letter to the following claimant:
Safeco Insurance Company of America
Recovery Management
Claim No. 489829881007
1315 North Highway Dr.
Fenton M063099
Please send a copy of this letter to me to document this file.
Statute Of Limitations:
The statute of limitations will expire six months from the rejection
CARL WARREN & COe
An Employee-Owned Company
CLAIMS MANAGEMENT. CLAIMS ADJUSTERS
P.O. Box 1052 . San Luis Obispo, CA 93406-1052
Phone: (805) 544-7963 · Fax: (805) 544-1068
---.- ---
City of Arroyo Grande
Steven Adams
April 10, 2003
Page Two (A10991-S)
CITY REPORT
The City provided information regarding the above captioned matter. Records indicated
the claimant requested an increase in water pressure to their home. The claimant pressure
was 40 P.S.I. The City advised the claimant they would let them know when the
installation of a new service would occur. In the interim, the City told the claimant that
they would need to install a pressure regulator to accommodate the increase in water
pressure. The claimant was notified that the new water service would be installed on
October 15,2002. The water pressure was increased to 100 P.S.I. When the work was
completed, the claimant informed the crew that everything was okay. The following day
the claimant called the city reporting her basem~nt was flooded. The City responded and
extracted the water ttom the basement. As a courtesy, the City installed a pressure
regulator valve on both the claimant's and neighbor's side of the service at no cost. The
neighbor did not experience any problems. The flooding was a result of a failed plastic
compression fitting in the bathroom.
LIABILITY
The City of Arroyo Grande is not responsible for this loss, The city is not responsible for
the failure of privately owned and maintained plumbing. The claimant had prior notice to
install a pressure regulator. They did not. The Uniform Plumbing Code requires a
homeowner to install a pressure regulator valve for water pressure in excess of80 P.S.I.
Per Municipal Code Section 13.04.280, the City is not liable for excessive water pressure.
The claim should be rejected.
CLAIM STATUS:
Claim Status Reserves
LPD- Safeco/Randolph Open $5000.00 Loss
$1000.00 Expense
-----,----
City of Arroyo Grande
Steven Adams
April 10, 2003
Page Three (A10991-S)
COMMENT:
I am placing my file on diary for May 19, 2003 awaiting receipt of requested copy of the
rejection letter.
Very truly yours,
Carl Warren & Compan
-. .-------" _u_.____ -~----
---
Attachment 3
P.o. Box 550
214 East Bruch Street
,Ar.-oyo ~r"", CA '3421
- ADMINISTRATIVE. SERVICES . Phone: (105) 473-5414
FAX: (105) 473-8W
&.Man:.~clty@arroyogrande~org
Ma.yJ4,2003
Safe co Insurance Company of America.
" Recovery Manageniel1t
.... Clc:lim No: 489829881'007
,1315.'North .High\l.fay Dr. .
. Fenton 1\10 '63099' .. .
REJECTION OF CLAIMPRES.ENTEDWiTHINSIX.PJiONTHS "
'"
.' ..... Notice 'is' hereby'given.thatthe. claim you presentedtp.the"City'of Arroyo Grande
.. on February 27., 200;3, was rejected by the CitYCoun.cil'on MaY13,.2003~ " "
. . ,.,' . .
S\.Ibjectto . certain exceptions, you. have.. only six {6),mpnths'from;the . date' this
. notice was petsonally.'d~livered .o~ ,deposited.inthe United St~tesrnailto file a
", CoiJrtActib.n.in a Muni.cipar ora,SuperiorCourt9ftheStateofC~lifQrnicion this.
. claim(SeeGovernment Code Section 945.6)." " .",., . .,'
-
. You mays~ek th~advice of anattqrneyotyourchoiy~ .in corlOectlonwith this
"mCltler." IfyoiJdesire to consult an"attorneY,YQu'sti9!-Jlddo..~O"irT1n,iediately.'.. . "
: ., :'>:- ., r-' '. ,-' I .' ~ "~,, ':- -.,.'~,' .,""'-" ". - ;.,.' '-"-~.',"'~>' -<.. ~.<:..;--, -~.~
.'
c: City Manager
City Attorney
Director pf Public, Works .
. - , .
Cad Warren & Co,
-'--"~-~--'- --..-- f
8.e.
MEMORANDUM
TO: CITY COUNCil
FROM: STEVEN ADAMS, CITY MANAGER#,
SUBJECT: CONSIDERATION OF FUNDING REQUEST FROM DESTINATION
IMAGINATION
DATE: MAY 13, 2003
RECOMMENDATION:
It is recommended the City Council appropriate $1,000 for a contribution to the Arroyo
Grande Destination Imagination teams.
FUNDING:
The cost impact of the recommendation would be $1,000 from the Fund Balance of the
General Fund. If approved, an adjustment will be made in the next quarterly budget
report.
DISCUSSION:
During the past two years, the City Council has received funding requests from the
Destination Imagination program for costs associated with teams from Arroyo Grande
representing California in the Global Finals competition. Each year, the City Council
has approved a contribution of $500.
In 2001, one team attended the finals from Arroyo Grande. In 2002, two teams
attended. This year, four teams are competing, three of which are from Arroyo Grande.
Two are from Ocean View Elementary School and one is a combination team from
Paulding and Judkins. As a result, they are requesting the City increase the
contribution to $1,000 this year. The City of Pismo Beach has provided $2,000 in the
past and has also been requested an increased amount this year. The Board of
Supervisors and School District have both approved $4,000. They have estimated the
total cost of participating in the competition will be $43,000.
The Global finals will be held at the University of Tennessee on May 19 - 25, 2003.
Destination Imagination is a world problem solving competition. A copy of their request
is attached.
Al TERNA TIVES:
The following alternatives are provided for the Council's consideration:
-~-~--- _m___. -_.._._-_...~
CITY COUNCIL
FUNDING REQUEST FROM DESTINATION IMAGINATION
MAY 13, 2003
PAGE 2
- Appropriate and approve a contribution of $1,000 to the Destination Imagination
Program;
- Approve a contribution of $500 as has been done during the past two years;
- Approve a contribution of a different amount;
- Do not approve a contribution;
- Provide staff direction.
Attachments:
1. Funding request from Mike Liebo
-~-- ^---~._- ------- ---.- _..._----~---
JUDKINS MIDDLE SCHOOL R~,~~i"~iJ GR
tWl'(mf f"R,\O
680 WADSWORTH AVENUE 03 ~PR \ 4 P\~ "'~ \ G
PISMO BEACH, CA 93449
(805) 474-3600
c. Bryant Smith, Principal
Julie Collins, Assistant Principal
April 14, 2002 FAX 805-473-4376
I'FtOlVl.....................~ I.~I30
CONCERNlNG..........lffiQUESTING I'lNANCIAI. SUPPOFtT I'OFt DESTINATION
IMAGlNA TION GI.OI3AL I'lNALS
TO............,.............ARROYO GRANDE CITY COUNCII.
I'our teams from the I.ucia lVIar School District will be representing the state of
California in Global I'inals at the University of Tennessee lVIay 19-May 25. Destination
Imagination is the largest problem solving competition in the world. Our area has never
sent four teams to this competition before. A majority of the students are from Arroyo
Grande this year. Two teams from Ocean View Elementary, a combination team from
Paulding and Judkins, and a Nipomo team will be competing.
Last year we received two thousand dollars both from the Board of Supervisors of
San Luis Obispo and Pismo Beach City Council, and five hundred dollars from Arroyo
Grande City Council. Since we have double the teams this year we were hoping to
request one thousand dollars from Arroyo Grande this year. We are requesting to be put
on the agenda as soon as possible. There is a realization from all of us that times are
tough, but we still think kids who work hard in behalf of our community should be
supported whenever possible. Your help is great appreciated.
Sincerely,
~~
lVIichael Liebo (489-1702)
tf~ q)~~J,J
~. '-- ---,-
8.f.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER ~
SUBJECT: CONSIDERATION OF CONTRACTING WITH MAXIMUS TO
PREPARE SUPPLEMENTAL DEVELOPMENT IMPACT FEE STUDY
DATE: MAY 13, 2003
RECOMMENDATION:
It is recommended the Council appropriate $5,800 and authorize the City Manager to
enter into a contract with Maximus to prepare a study to simplify the development
impact fee structure.
FUNDING:
The cost of the study is $5,800, which will be funded from an allocation from the
existing General Fund balance.
DISCUSSION:
The City's existing development impact fees are based upon a study prepared by
DMG Maximus in March 2000. Since that time, the City Council approved changes
to the fee structure in March 2001 and May 2001. These modifications were
recommended by staff to improve the accuracy of the land use categories and make
the different impact fee tables consistent in order to make it easier for staff and
applicants to calculate the fees.
However, staff is still experiencing a number of problems in administering the
development impact fee program. Given the number of use categories in the fee
structure, it is difficult to determine the appropriate fees, particularly for mixed-use
and multi-tenant projects. The specific uses are often not known at the time the fees
are paid or may change soon after. Since fees may change significantly due to a
change in tenants, it is difficult for applicants to accurately estimate their fees and
often discourages applicants from constructing units for tenants the City would like to
attract. It is also subject to abuse since applicants may alter their fee amounts based
upon the amount of space they estimate will be devoted to different uses.
Therefore, staff is recommending the City contract with Maximus to prepare a
supplemental development impact fee study in order to simplify the use categories
identified in the development impact fee tables. This will make the fee structure
------- -
CITY COUNCIL
CONSIDERATION OF SUPPLEMENTAL DEVELOPMENT IMPACT FEE STUDY
MAY 13,2003
PAGE 2
fairer, easier for staff to administer, and simpler for applicants to understand and
apply to their projects. By contracting with Maximus, there will be no need to
generate new data. The overall level of fees charged will not be changed. The
purpose will be to consolidate the use categories in order to simplify the fee structure.
A copy of the proposal from Maximus for the study is attached.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Appropriate $5,800 and direct staff to contract with Maximus to prepare the
study;
- Appropriate $5,800, direct staff to contract with Maximus, and provide direction
regarding the scope of the study;
- Do not approve the appropriation and direct staff to prepare the recommended
modifications to the fee structure in-house;
- Do not approve the appropriation and do not direct staff to proceed with the
study;
- Provide direction to staff.
Attachments:
1. Proposal from Maximus
I
!
R E!z;E;IV~~. '.' '" MAXIMUS
CITY flF ARROYO GRAH~c HELPING GOVERNMENT SERVE THE PEOPLE@
April!,2003 03 APR - 4 PH 4: 21
Steve Adams
City Manager
City of Arroyo Grande
P.o. Box 550
Arroyo Grande, CA 93421
Subject: Proposal for Impact Fee Services
Dear Mr. Adams:
As you requested, I am submitting this letter proposal for consulting services we
discussed when I met with you and Larry Schmidt last week. In general, those
services involve assisting the City to revise the manner in which the City imposes
impact fees based on the study prepared by DMG-MAXIMUS approximately three
years ago. The scope of services and cost are discussed below.
Scope of Services. MAXIMUS will provide the following services in connection
with this project:
A. Meet with City staff on-site to review the current fee structure, to identify
problems, and to evaluate alternatives.
B. Prepare a revised fee schedule in handout format and draft a brief report
outlining the reasons for the revisions and recommending implementation
procedures consistent with the revisions.
C. Attend one City Council meeting to present and discuss the revised fee
schedule and procedures.
Schedule. We anticipate that the rime required to do the work described above
would be two to three weeks, once the study is initiated.
Consulting Staff. All work covered by this proposal will be performed by Joseph
Colgan, AICP, who prepared the City's impact fee study.
Study Cost. The table on the following page shows the estimated hours and costs
required to accomplish the work covered by this proposal. Because I have other
work in the area, I have assumed that my first site visit (Task A) would be
coordinated with a trip to Lompoc, which reduces both travel costs and travel time
related to the project. The proposed cost is contingent on that assumption.
4320 AUBURN BLVD., SIT. 2000 I SACRAMENTO, CALIFORNIA 95841 I 916.485.8102 I 916.485.0111 FAX I WWW.MAXIMUS.COM
___u.____
Task Task J. Colgan Total Total
No. Description Hours Fees Expenses Cost
A Meet with Staff!Review Fee Structure 6 $990 $350 $ 1,340
B Prepare Fee SchedulelReport 16 $2,640 $ 2,640
C Attend City Council Meetin~ 8 $1,320 $500 $ 1.820
Total Hours 30
Hourly Rate $ 165.00
Total Fees/Expenses $ 4,950 $4,950 $850 $5,800
Based on the estimates contained in the table above, MAXIMUS offers to provide
the services described in this proposal for a total cost of $5,800, including all
expenses for air fare, car rental, lodging, and meals.
If you have any questions, please call me at (916) 485-8102.
P--
Jo ph Colgan, AICP
Director
MAXIMUS
8_g_
MEMORANDUM
TO: C.ITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF PROGRESS PAYMENT NO.4 FOR THE SCENIC
CREEKSIDE WALK - PHASE III PROJECT, PW 2002-02
DATE: MAY 13, 2003
RECOMMENDATION:
It is recommended the Council authorize Progress Payment No. 4 in the amount of
$58,561.38 to Maino Construction Company, Inc. for the Scenic Creekside Walk Phase III
Project.
FUNDING:
On June 11,2002, the City Council awarded the Scenic Creekside Walk Phase III Project to
Maino Construction Company, Inc. in the amount of $280,704.20 and authorized a
contingency of $28,074.20 to be used for unanticipated costs during the construction phase
of the project. The total construction budget is $308,774.66.
DISCUSSION:
The City received an application for Progress Payment No.4 in the amount of $65,049.20
from Maino Construction Company, Inc. for work completed from April 1 through April 30,
2003. Staff reviewed the application and determined that the amount requested is in
accordance with the quantity of work completed.
The City will withhold 10% of the requested amount ($6,506.82) in retention until the project
is completed in accordance with the plans and specifications. The total amount due to the
contractor is $58,561.38 ($65,068.20 less $6,506.82 retainage).
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
. Approve staffs recommendation;
. Do not approve staffs recommendation;
. Modify as appropriate and approve staffs recommendation; or
. Provide direction to staff.
A TT ACHMENT:
1. Application for Progress Payment No.4
~.-----_..._-,....~._..._... ---- -- I
rr5t1yof
~ri~ Public Works Department
Application for Progress Payment
Contract Name: Scenic Creekside Walk - Phase III
Contract No: 2002-02
Progress Payment No: 4
City Account No: 350-5512-7001
Payment Date: April 29, 2003
ConIrac:t PW.. r_./Oo.. Pr_Pa_ Pay TIll. E_
No. De<<ttItion EJIt. CJtv Unit PtIce PtIce t'1Iv $ atv S atv s
BID "EMS
Gener" Requirements
1 MobI1izatfon 1 Is 10,000.00 10,000.00 90% Is 9,000.00 90% Is 9,000.00 0% Is 0.00
2 ConstnJctlon Alea & Traffic Con1Tol 1 Is 1,100.00 1,100.00 50"/. Is 550.00 25% Is 275.00 25% Is 275.00
3 CompIance with OSHA RequIrements 1 Is 550.00 550.00 75% Is 412.50 50% Is 275.00 25% Is 137.50
4 Construction SlIVey 1 Is 3,080.00 3,080.00 100% Is 3,080.00 100% Is 3,080.00 0% Is 0.00
5 Clear & Gnb. Earthwork 1 Is 8,800.00 8,800.00 100% Is 8,800.00 1O<W. Is 8,800.00 0% Is 0.00
Surface Improvements
6 Erosion Con1Tol 1 Is 2,750.00 2,750.00 90% Is 2,475.00 90% Is 2,475.00 00,(, Is 0.00
7 Demo/Remove ExIsting Surfacing 1 Is 8,404.00 8,404.00 100"kls 8,404.00 75% Is 6,303.00 25% Is 2,101.00
8 Import S1Iuctual FI 150 Cf 38.50 5,775.00 150 Cf 5,775.00 150Cf 5,775.00 Ocf 0.00
9 Class 'B" Asphalt Concrete 4.970 81 1.76 8,747.20 4,1:170 81 8,747.20 o sf 0.00 4,970 81 8,747.20
10 Class It Aggregate Base 250 tn 27.50 6,875.00 250 tn 6,875.00 125 tn 3,437.50 125 In 3,437.50
11 Exposed Aggregate Concrete Paving 5.030 sf 7.10 35,713.00 4,200 81 29,820.00 3,500 81 24.850.00 700 sf 4,970.00
12 Brick Pavel$ on Reinforced Concrete 850 sf 15.40 13,090.00 425 81 6,545.00 o 81 0.00 425 sf 6,545.00
13 BlIck Pavel$ on Sand Bed 3.575 sf to.OO 35,750.00 3,200 sf 32,000.00 2,000 81 20,000.00 1,200 81 12,000.00
14 Concrete Heoder(6' wide) 641 ff 28.00 17,948.00 600 ff 16,800.00 600 ff 16.800.00 o . 0.00
15 Concrete Heoder (12' wide) 116 ff 33.00 3,828.00 60ff 1,980.00 o ff 0.00 60ff 1,980.00
16 SpIt ReI Fence (limited) 364 ff 11.00 4,004.00 364 ff 4.004.00 o ff 0.00 364 II 4,004.00
17 Grasa Paving System 375 81 6.00 2,250.00 375 sf 2,250.00 100 81 600.00 275 sf 1,650.00
18 OO/ewoy Ramp lea 1,100.00 1,100.00 1ea 1,100.00 lea 1,100.00 Oea 0.00
19 Concrete Curb & Gutter (6' tall) 645 ff 24.00 15,480.00 609" 14,400.00 600 II 14,400.00 o ff 0.00
20 Concrete Handicap Ramp 3ea 2,200.00 6,600.00 2ea 4,400.00 2ea 4,400.00 Oea 0.00
21 Concrete CUrb 65 ff 26.40 1,716.00 6511 1,716.00 6511 1,716.00 o II 0.00
22 Concrete Gu1ler 3Q WIde 230 81 9.90 2,277.00 230 sf 2,277.00 o 81 0.00 230 81 2,277.00
23 Remove signs 4ea 44.00 176.00 4ea 176.00 4ea 176.00 Oea 0.00
24 Traf1lc SIgns 3ea 275.00 825.00 3ea 825.00 Oea 0.00 3ea 825.00
25 Slurry Seal Resurfacing 41.600 sf 0.61 25,376.00 o sf 0.00 o 81 0.00 o sf 0.00
Drainage Improvements
26 Storm Dr'*' Drop Inlet 2 ea 3,465.00 6,930.00 2 ea 6,930.00 2 ea 6,930.00 Oea 0.00
27 18" CMP 5100n Drain 10 If 82.50 825.00 10 If 825.00 10 If 825.00 o If 0.00
28 2A' CMP ~rm Drain 10 If 110.00 1,100.00 10 If 1,100.00 10 If 1,100.00 o If 0.00
Irr!glltlon System
29 InIgatIon System 1 Is 15,400.00 15,400.00 90% Is 13,860.00 50% Is 7,700.00 40% Is 6,160.00
30 Potable Water line w/ Hoseblbs 465ff 5.00 2,325.00 400 II . 2,000.00 400 II 2,000.00 o It 0.00
Planting
31 90 Day Maintenance 1 Is 825.00 825.00 OOk Is 0.00 OOk Is 0.00 0% Is 0.00
32 fine Gracing and Mulch 280581 0.60 1,683.00 2,500 81 1,500.00 o sf 0.00 2,500 81 1,500.00
33 Hydroseed 2770 sf 0.60 1,662.00 o sf 0.00 o 81 0.00 081 0.00
34 Grolrld Cover/ShlUb . 1 Gallon 564 ea 6.25 3,525.00 Oea 0.00 Oea 0.00 Oea 0.00
35 ShlUb - 5 Gallon 65 ea 11.00 715.00 Oea 0.00 Oea 0.00 Oea 0.00
36 Tree. 15 Gallon 20ea 88.00 1,760.00 Oea 0.00 Oea 0.00 Oea 0.00
Electrical
37 Trenching. Backlit Conduit 600 . 15.40 9,240.00 600 If 9,240.00 600 II 9,240.00 o ff 0.00
Bid Alternate 1
A1 Trash Receptacle 3ea 755.00 2,265.00 3ea 2,265.00 Oea 0.00 3ea 2,265.00
A2. NJA Picnic Table 3ea 1,165.00 3,495.00 3ea 3,495.00 Oea 0.00 Oea 0.00
A3 Bench 2ea 1,455.00 2,910.00 Oea 0.00 Oea 0.00 Oea 0.00
A4 Tree Grate lea 3,365.00 3,365.00 Oea 0.00 Oea 0.00 Oea 0.00
AS Removable Bollard 1ea 465.00 465.00 Oea 0.00 Oea 0.00 Oea 0.00
Bid "em Totals $ 280,704.20 $ 213,626.70 $ 151,257.50 $ 58,874.20
.---
ConIIact Price TCllllsIoDoW Pr_Pa~ Pay TIQ E",*""r.
No. DHaiJ:IIjon Est Q/v Unit Price Price Q/v S Q/v S Q/v s
CONTRACT CHANGE ORDERS
1 Add. Asphalt Removal and Replacemenl 1 Is 6,194.00 6,194.00 1 Is 6,194.00 0% Is 0.00 100% Is 6,194.00
2 Grass Sod 1 Is 969.50 969.50 o Is 0.00 0% Is 0.00 0% Is 0.00
Contract Change Order Totals $ 7,1 S3.50 $ 6,194.00 $ - $ 6,194.00
I
EARNED TO DATE $ 287,867.70 $ 219,820.70 $151,257.50 $ 65,068.20
LESS: 10% RETENTION 21,982.07 15,125.75 6,506.82
PAYMENT TOTALS 197,838.63 136,131.75 58,561.38
IPAYMENT THIS APPUCA110N $58,561.38 I
Y~~I (~~ Contract Time
Date Contract Start Date: 1/21/03
Original Contract Days: 120
I Adjusted Contract Days: 0
Adjusted Contract End Date: 5/21/03
5.~~.3
Date
Send Pavment to:
Public Works Director Date Maino Construction Company,lnc.
P.O, Box 1347
San luis Obispo, CA 93406
City Manager Date
.
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8.h.
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR
BY: TERESA MCCLISH, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 01-003,
ORDINANCE TO INCORPORATE DESIGN GUIDELINES AND
STANDARDS FOR HISTORIC DISTRICTS AND AMEND THE ZONING
MAP FOR DESIGN OVERLAY MAP 2.4
DATE: MAY 13, 2003
RECOMMENDATION:
It is recommended the City Council 1) adopt, by title only, the attached ordinance
amending Section 16.08.010 of Title 16 of the Arroyo Grande Municipal Code
incorporating by reference the 2003 "Design Guidelines and Standards for Historic
Districts" and amending the zoning map for Design Overtay District 2.4 to expand its
boundaries; and 2) instruct the Director of Administrative Services to file a Notice of
Exemption with the County Recorder.
FUNDING:
No fiscal impact.
DISCUSSION:
Backaround
At the April 22, 2003 meeting the City Council adopted a resolution to repeal a portion of
the 1994 "Design Guidelines for Historic Districts" and adopt the 2003 "Design Guidelines
and Standards for Historic Districts" as applied to the Village districts in Design Overlay
District 2.4, and introduced the attached ordinance.
Public Notification
A summary of the introduced ordinance was published May 7, 2003 in the Times Press
Recorder.
AL TERNA TIVES:
The following alternatives are provided for City Council consideration:
- Adopt the ordinance;
- Modify and re-introduce the ordinance;
- Do not approve the ordinance; or
- Provide direction to staff.
-----
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCil OF THE CITY
OF ARROYO GRANDE AMENDING TITLE 16, CHAPTER
16.08 OF THE MUNICIPAL CODE INCORPORATING THE
2003 "DESIGN GUIDELINES AND STANDARDS FOR
HISTORIC DISTRICTS" AND AMENDING THE ZONING
MAP FOR DESIGN OVERLAY DISTRICT 2.4 TO EXPAND
ITS BOUNDARIES
WHEREAS, Section 16.08.010 of the Municipal Code incorporates by reference the
"Design Guidelines for the Arroyo Grande Village", otherwise entitled "Design
Guidelines for Historic Districts";' and
WHEREAS, the City Council of the City of Arroyo Grande has reviewed and
considered the information in the proposed 2003 "Design Guidelines and Standards
for Historic Districts", as well as public testimony presented at the public hearings
and has made the following findings of fact:
A. The proposed amendment to Section 16.08.010 of the Municipal Code is
consistent with the goals, objectives, policies, and programs of. the General
, Plan, and is desirable in order to implement the provisions of the General
Plan.
B. The proposed amendment to Section 16.08.010 of the Municipal Code will
not adversely affect the public health, safety, and welfare or result ,in an
illogical land use pattern.
C. The proposed amendment to Section 16.08.010 of the Municipal Code is
consistent with the purpose and intent of Title 16.
D. The potential environmental impacts of the proposed amendment to Section
16.08.010 of the Municipal Code are insignificant.
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOllOWS:
SECTION 1: Arroyo Grande Municipal Code Section 16.08.010 is amended in its
entirety to read as follows:
.
ORDINANCE NO. e.s.
PAGE 2 of 5
Section16.08.010 Incorporation by Reference
The following documents are hereby incorporated by reference into this Title:
1. Design Guiael irtes']or 'Hist(-iriC,it>i$ffj'c~s'~j994for 'Desjgn't>veH~y
Distri,ct',i,(D-? ..1".1 ).p~~aining"'t6'::tH~::,I't~ffic:'(VYa:y"ana',Stati()h'Y\l~y'ar~a;
2. D.esig,~:',. G Hi,de'l in~s,:...and'.~1~Q.~:~fg~...'fg~:'i:~:i:#.~().Hci'..l:>istri~t~.,'..:.2,Q'R.~"'.f()r
Desig n ",gY~rlay, District'(P:?~.4l'p~r!"~jhiljgt()the Vill~gea.re~;
3. Arroyo Grande Standard Plans for Public Wo~ks Construction (as
amended);
4. Oak Park Acres Planned Development - Ordinances 140 C.S., 150 C.S.,
196 C.S., 246 C.S, 259 C.S., 291 C.S., 296 C.S., 316 C.S., and 396
C.S.;
5. Rancho Grande Planned Development - Ordinances 186 C.S, 302 C.S.,
315 C.S., 343 C.S., and 397 C.S;
6. Royal Oaks Planned Development - Ordinances 355 C.S., 356 C.S.,
;
358 C.S., 384 C.S, 406 C.S, 418 C.S. and 430 C.S.;
7. Wildwood Ranch Planned Development - Ordinance 214 C.S.;
8. Oki Planned Development - Ordinance 420 C.S.;
9. Flood Insurance Study for the City of Arroyo Grande, dated July 1983,
or as officially amended;
10. City of Arroyo Grande Development Standards for Fire Protection, as
amended.
11. Ordinance 153 C.S. relating to a Design Development Overlay District;
12. Ordinance 329 C.S. relating to a Design Development Overlay District;
13. Ordinance 135 C.S. relating to a Design Development Overlay District;
14. Ordinance 86 C.S. relating to a Design Development Overlay District;
.
ORDINANCE NO. C.S.
PAGE 3 of 5
15. Ordinance 360 C.S. relating to a Design Development Overlay
District117.
"~..~
16. Ordinance 130 C.S. relating to a Design Development Overlay District.
Copies of each. of the above listed documents are on file with the Community
Development Department and Administrative Services Department.
SECTION 2: Development Code Section 16.24.020, also known as the "Zoning
Map of the City of Arroyo Grande", is hereby amended as shown in Exhibit "A"
attached hereto and incorporated herein by reference.
SECTION 3: The City of Arroyo Grande had conducted environmental review for
adoption of this Ordinance revising the Guidelines and has found that it can be seen
with certainty that there is no possibility that the proposed Ordinance amending
Section 16.08.010 of the Municipal Code will have an effect on the environment
according to CEOA Section 1 5061 (b) (3).
SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unlawful,
such decision shall not affect the validity of the remaining portion of this Ordinance
; or any part thereof. The City Council hereby declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that anyone or more section, subsection,
subdivision, paragraph, sentence, clause or phrases be declared unlawful.
SECTION 5: A summary of this Ordinance shall be published in a newspaper
published and circulated in the City of Arroyo Grande at least five (5) days prior to
the City Council meeting ~t which the proposed Ordinance is to be adopted. A
certified copy of the full text of the proposed Ordinance shall be posted in the
otfice of the . Director of Administrative Services/Deputy City Clerk. Within fifteen
(15) days after adoption of the Ordinance, the summary with the names of those
City Council Members voting for and against the Ordinance shall be published
again, and the Director of Administrative Services/Deputy City Clerk shall post a
certified copy of the full text of such adopted Ordinance.
SECTION 6: This Ordinance shall become effective thirty (30) days after the date
of its adoption. '
.
.
ORDINANCE NO. C.S.
PAGE 4 of 5
On motion of Council Member , seconded by
Council Member and on the foJlowingroJl call vote,
to-wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of ,
2003.
;
,
I
ORDINANCE NO. C.S.
PAGE 5 of 5
TONY M. FERRARA, MAYOR
ATTEST:
KELi.. Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES!
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
;
APPROVED AS TO FORM:
~C
~J. M;;L. CITY ATTORNEY
. I
-~- I
EXHIBIT A
1. Design overlay: D-2.4 (Design Guidelines and Standards for Historic Districts)
2, Description of Parcels: See map below
3. Use Regulations: As specified in the underlying zoning districts
4. Site development Criteria: As specified in the underlying zoning districts
5. Performance Standards: As specified in the underlying zoning districts
6. Design Guidelines: 2003 Design Guidelines and Standards for Historic Districts, as amended
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------ .-
NOTICE OF EXEMPTION
To: D Office of Planning and Research From: City Of Arroyo Grande
1 400 Tenth Street P.O. Box 550
Sacramento, CA 95814 Arroyo Grande, CA 93421
or
~ County Clerk of the Board of Supervisors
County of San Luis Obispo
1144 Monterey Street, Suite C
San Luis Obispo, CA 93408
PROJECT TITLE AND NUMBER:
Development Code Amendment 01-003
PROJECT CONTACT PERSON: TELEPHONE NUMBER:
Teresa McClish, Associate Planner (805) 473-5420
PROJECT LOCATION:
Arroyo Grande - Citywide
PROJECT DESCRIPTION: amend Section 16.08.010 of Title 16 of the Arroyo Grande Municipal Code
incorporating by reference the 2003 "Design Guidelines and Standards for Historic Districts" and amend the
zoning map for Design Overlay District 2.4 to expand its boundaries
STATE CLEARINGHOUSE NUMBER (if applicable):
This is to advise that the City of Arroyo Grande City Council approved the above-
described project on May 13, 2003 and made the following determinations:
D A Negative Declaration was prepared for this project pursuant to the
provisions for CEOA.
D An Environmental Impact Report was prepared for this project pursuant to the
provisions for CEOA.
~ A Categorical Exemption per CEOA Guidelines per 1 5061 (b)(3).
Mitigation measures 0 were 0 were not made a condition of project approval.
The project, in its approved form, 0 will 0 will not have a significant effect on the
environment.
A statement of overriding considerations D was 0 was not adopted for this project.
A copy of the project approval may be examined at the City of Arroyo Grande, 214 East
Branch Street, Arroyo Grande, CA 93421 .
SIGNA TURE: DATE RECEIVED FOR FILING:
Rob Strong
TITLE: COMMUNITY DEVELOPMENT DIRECTOR
DATE: May 13, 2003
-
Ma~ 09 03 10:25a McClish 8057727713 p.5
CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
Project Title/Location (include county): Project Proponent:
Development Code Amendment 01-003 Name: City of Arroyo Grande
Address: 214 East Branch Street
City: Arroyo Grande, CA 93421
Phone: (805) 473-5420
Location: City Wide
City of Arroyo Grande
County of San Luis Obispo
Project Description:
Amendment to the Zoning Map of the City of Arroyo Grande to expand the boundaries of Design
Overlay District 2.4 which applies revised Design Guidelines and Standards for Historic Districts to
properties within the district.
Findings of Exemption:
1. The City of Arroyo Grande has reviewed the project in compliance with the
California Environmental Quality Act (CEOA), the CEOA Guidelines and the City of
Arroyo Grande Rules and Procedures for Implementation of CEOA.
2. After holding a public hearing pursuant to State and City Codes, and considering the
record as a whole the Arroyo Grande City Council determined that the proposed
project is Categorically Exempt per Section 150610f the CEOA Guidelines, and
found that the there is no substantial evidence of any significant adverse effect,
either individually or cumulatively on wildlife resources as defined by Section 711.2
of the Fish and Game Code or on the habitat upon which the wildlife depends as a
result of development of this project.
Certification:
I hereby certify that the lead agency has made the above findings of fact and determined
that the project will not individually or cumulatively have an adverse effect on wildlife resources, as
defined in Section 711.2 of Fish and Game Code.
Rob Strong
Title: Community Development Director
lead Agency: City of Arroyo Grande
Date: May 13, 2003
8.1.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, PUBLIC WORKS DIRECTOR/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF AUTHORIZATION TO SOLICIT PROPOSALS
FOR ENVIRONMENTAL SERVICES IN CONJUNCTION WITH THE
CREEK CLEANING
DATE: MAY 13, 2003
RECOMMENDATION:
It is recommended that the City Council authorize the solicitation of proposals for
environmental services to be provided in conjunction with cleaning Arroyo
Grande, Tally Ho and Meadow Creeks.
FUNDING:
Funds for these services have been requested in the Street Fund FY 2003/04
operating budget. The total estimated cost is $18,000.00.
DISCUSSION:
The City has obtained a renewal of the 1601 Streambed Alteration Agreement
with the California Department of Fish and Game to enter the Arroyo Grande,
Tally Ho and Meadow Creeks to clean them prior to the rainy season.
The agreement requires that a survey be conducted prior to any activity in the
creek to determine the presence of the California red-legged frog and the
southwestern pond turtles. The agreement also requires that a qualified biologist
monitor all activities and provide training for workers concerning endangered
species habitat.
The City does not presently have a qualified biologist on staff and is requesting
that the Council authorize the solicitation of proposals to perform this work in
conjunction with cleaning of the creeks in preparation for the rainy season.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Approve staffs request and authorize the solicitation of proposals;
2. Do not approve staffs request;
3. Modify staffs request as appropriate and approve request;
4. Provide direction to staff.
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CITY COUNCIL
CONSIDERATION OF AUTHORIZATION TO SOLICIT PROPOSALS FOR
ENVIRONMENTAL SERVICES IN CONJUNCTION WITH THE CREEK
CLEANING
MAY 13, 2003
PAGE 2
Attachments:
1. Request for Proposals
2. Vendor List
I
-
CITY OF ARROYO GRANDE
PUBLIC WORKS DEPARTMENT
REQUEST FOR PROPOSALS
May 13, 2003
The City of Arroyo Grande Public Works Department is requesting proposals for
the environmental services listed below. The City is requesting these surveys in
order to expedite matters, because of the critical time factor for working in the
creeks.
Task 1: Pre-construction surveys to determine the presence of California
Red-Legged Frogs, Southwestern Pond Turtles, and nesting birds
in the creeks listed in the 1601 Lake and Streambed Alteration
Agreement under Project Description. (Please provide a list of
survey hours for each creek separately)
Task 2: Training Session for Construction Personnel.
Task 3: Construction Monitoring for approximately 20 days at 5 hours per
day.
All proposals shall be sealed and provided on company letterhead with envelope
marked "Public Works - Creek Environmental Services". Please submit your
sealed proposal to:
Kelly Wetmore
Director of Administrative Services/Deputy City Clerk
214 East Branch Street
P. O. Box 550
Arroyo Grande, CA 93421
Proposals must be received by 2:00 pm, May 27, 2003. Proposals shall be
opened at that time in the City Clerk's Office located at 214 East Branch Street,
Arroyo Grande, CAr The City of Arroyo Grande reserves the right to accept or
reject any or all proposals upon recommendation of the Public Works Director.
Successful candidates will be required to provide applicable proof of insurance.
Proposals will be reviewed and a Consultant Services Agreement will be
awarded at the June 10, 2003 City Council meeting. The Agreement will begin
on July 1, 2003.
If you have any questions, contact Randy Robinson, Public Works Supervisor at
473-5466.
,
i
I
VENDOR LIST
FOR ENVIRONMENTAL SERVICES
1. Morro Group
Mary Reents, President
1422 Monterey Street
San Luis Obispo, CA 93401
(805) 543-7095
2. LFR (Levine, Fricke)
Greg McGowan, Operations Manager
301 South Miller Street, Suite 210
Santa Maria, CA 93454-5244
(805) 349-7180
3. Rincon, Inc.
Sarah Larese
709 E. Santa Clara Street
Ventura, CA 93001
(805) 641-1000
4. FIRMA
David Foote
849 Monterey Street, Suite 205
San Luis Obispo, CA 93401
(805) 781-9800
5. T enera
John Steinbeck, VP/Principal Scientist
225-0 Prado Road
San Luis Obispo, CA 93401
(805) 541-0310
I
s;
8.J.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF PROGRESS PAYMENT NO.9 FOR THE RANCHO
GRANDE PARK PROJECT, PW 2002-03
DATE: MAY 13, 2003
RECOMMENDATION:
It is recommended the City Council authorize Progress Payment No. 9 in the amount of
$31,059.16 to Herrera Engineering, Inc. for the Rancho Grande Park Project.
FUNDING:
On June 11, 2002, the City Council awarded the Rancho Grande Park Project to Herrera
Engineering, Inc. in the amount of $1,082,345.00 and authorized a contingency of
$108,235.00 to be used for unanticipated costs during the construction phase of the project.
The total construction budget is $1,190,580.00.
DISCUSSION:
The City received an application for Progress Payment No.9 in the amount of $34,510.17
from Herrera Engineering, Inc. for work completed from March 26, 2003 through April 25,
2003. Staff reviewed the application and determined that the amount requested is in
accordance with the quantity of work completed.
The City will withhold 10% of the requested amount ($3,451.02) in retention until the project
is completed in accordance with the plans and specifications. The total amount due to the
contractor is $31,059.16 ($34,510.17 less $3,451.02 retainage).
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
. Approve staffs recommendation;
. Do not approve staffs recommendation;
. Modify as appropriate and approve staffs recommendation; or
. Provide direction to staff.
Attachment:
Application for Progress Payment NO.9
-~
--
reetyD/
~rd~ Public Works Deparbnent
Application for Progress Payment
Contract Name: Rancho Grande Park
Contract No: 2002-03
Progress Payment No: 9
City Account No: 350-5512-7001
Payment Date: May 15, 2003
CcfIhct Frfce TotaIa 10 08,. ~ &mad This PerIod
No. Unit Frfce Frfce Pt:t. , Pt:t. , Pt:t. ,
1 Mobilization Allowance 1 Is 60.000.00 60,000.00 99.2" 59,538.48 98.1 " 58,848.15 1.2" 692.31
2 DemolItIon and Earthwork 1 Is 83,520.00 83,520.00 100.0" 83,520.00 100.Q1J6 83,520.00 0.0% 0.00
3 PIrIe Entry and Access Road 1 Is 98,982.00 98,982.00 98.9" 95,929.74 96.ft 95,929.74 0,0% 0.00
4 Site UtIlities 1 Is 47,1<10.00 47,1<10.00 93.0% 43,835.52 89.8" 42,280.53 3.3% 1.574.99
5 Site Eleclrlcal 1 Is 170,862.00 170,862.00 98,1" 183.978.18 98.1'" 183,978.18 0.0% 0.00
6 Construction Improvements & Fumishings 1 Is 170,000.00 170,000.00 87.1" 148,035.74 73.9" 125,704.13 13.1% 22.331.60
7 irrigation 1 Is 102.587.00 102.587.00 82.1 " 84,176.29 82.1 " 84,176.29 0.0% 0.00
8 Landscaping 1 Is 149.497.00 149,497.00 0.0% 0.00 0.0" 0.00 0.0% 0,00
A1 Alternste 1 . Sports FacUlties ~1 Is 47,298.00 47,298.00 93.3" 44,132.69 93.3" 44.132.69 0.0% 0.00
A2 Alternata 2 - Playground Equipment 1 Is 77,659.00 77,659.00 83.0" 48,937.20 83.0'" 48,937.20 0.0% 0.00
A3 Altemata 3 . Restroom Build! .,1 Is 75,000.00 75,000.00 100.0% 75,000.00 100.0% 75,000.00 0.0'lft 0.00
Contract Totals 1,082,345.00 847,083.82 822,<184.92 24,598.90
Orders i 86,931.51 85,735.87 75 824.60 9,911.27
EARNED TO DATE 1,169,276.51 932,819.69 2 34,510,17
LESS: 10" RETENTION 93,281.97 89.830.95 3,451.02
PAYMENT TOTALS 839,537.72 808,478.58 31,059.16
I PAYMENT THIS APPUCATION $31,059.16 ~
(3 ,) \1- -'
;--(- 0 ~ Contract Time
Date Contract Start Date: 8/21102
Original Contract Days: 275
Contract
~ Adjusted Contract Days: 13
Adjusted Contract End Date: 614103
5./-,;P.,3
Date
Public Works Director Date Send Pavment to:
Construction Funds Control Services
Trustee for Herrera Engineering
1330 Arnold Drive
Suite 242
City Manager Date Martinez, CA 94553
,
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CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City
of Arroyo Grande on Tuesday, May 13, 2003 at 7:00 p.m. in the City Council Chamber, 215
E. Branch Street, Arroyo Grande, to consider the following item:
CASE NO: Subsequent Environmental Impact Report (SEIR) for Vesting Tentative Tract
Map Case No. 01-001 and Planned Unit Development Case No. 01-001
(previously known as Tract 1998)
APPLICANT: Castlerock Development
PROPOSAL: The City Council will review the SEIR for a single-family residential
development consisting of 36 units on a 26.6-acre site. The proposed project
is' within the Planned Unit Development land use category and is located at
the northeast intersection of James Way and La Canada. The SEIR
addresses the project's potential impacts on aesthetics/visual quality,
biological resources, cultural resources, geology and. soils, hydrology and
water quality, land use, public services and utilities, and traffic. The SEIR
also considers several project alternatives.
Any person affected or concerned by this environmental document may submit written
comments to the Community Development Department before the City Council hearing, or
appear and be heard in support of or opposition to the project and the environmental impacts
at the time of hearing.
Any person interested in the proposal can contact the Community Development Department
at 214 E. Branch Street, Arroyo Grande, California, during normal business hours, 8:00 a.m.
to 5:00 p.m. The project application is available for public inspection at the above address.
If you challenge an item in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City Council at, or prior to, the public hearing. Failure of any
person to receive the notice shall not constitute grounds for any court to invalidate the action
of the legislative body for which the notice was given.
1.IJ/lJL-
, Director of Administrative Services/
Deputy City Clerk
Publish 1T, Friday, May 2,2003
MEMORANDU.M
TO: CITY COUNCIL
FRO'~, rOB STRONG, COMMUNITY DEVELOPMENT DIRECTOR
BY: TERESA MCCLISH, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF FINAL SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT FOR VESTING TENTATIVE TRACT MAP AND PLANNED UNIT
DEVELOPMENT 01-001 (PREVIOUSLY KNOWN AS TRACT 1998)
DATE: MAY 13, 2003
RECOMMENDATION:
Staff recommends that the City Council adopt the attached resolution certifying the Final
Subsequent Environmental Impact Report (SEIR) prepared for Vesting Tentative Tract Map
01-001 and Planned Unit Development 01-001 (the "project") as adequate and complete
pursuant to the requirements of the California Environmental Quality Act (CEQA).
FUNDING:
No financial impact to the City.
DISCUSSION:
Proiect Description
The 26.2-acre project site is located at the
northeast comer of the intersection of James
Way and La Canada in the Planned
Development 1.2 Zoning district. The proposed
project is a clustered subdivision consisting of
36-residential lots and one 16.5-acre open-
space lot. The residential lots range from 5,500
sq. ft. to 29,825 sq. ft. in size, and are proposed
to be clustered in the northwestern portion of the
site. The site is bordered by residential
development within Tract 1834 (The Highlands) . Vesting TentatMt Tract Map
+
on the east and west, Tract 1994 (Los Robles) to and P.tJ.D.01-OO1
the south, and large parcel residential lots within E3~L8* 0 II1II ... ._' , ,_ !'wi
the Residential Estate district to the north.
Background
In 1978, the City adopted Ordinance 186 C.S. creating Planned Development District 1.2
which, as amended, included forty-four (44) acres of commercial area, Tracts 1132, 1994,
1997,. 1834, Parcels 10 and 11 on Noyes Road and the proposed project site.
I
-..- !
CITY COUNCIL
FINAL SEIR VTTM/PUD 01-001
MAY 13, 2003
PAGE 2
The Table below summarizes the history for this proposed project.
Table 2: VTTM/PUD 01-001 Project Timeline
February 14, 2001 Applicant submitted application for 40-lot
clustered subdivision with an open space lot
VTTM/PUD 01-001
March 12, 2001 Project deemed incomplete
March 20, 2001 Staff Advisory Committee meeting
May 18, 2001 Applicant submitted revised application for
36-lot clustered subdivision with an open
space lot VTTM/PUD 01-001
June 14,2001 Project deemed complete
August 8, 2001 Notice of Preparation for the project SEIR
August 21, 2001 Planning Commission scoping meeting for
SEIR
November 5, 2001 Contract awarded to Rincon, Inc.
March 26, 2002 Contract for SEIR signed.
April 18,2002 kickoff meeting for SEIR
November 13, 2002 Addendum to Contract signed to include
additional study for slope stability,
liquefaction and hydrology
February 19, 2003 Notice of Completion
February 21, 2003 NOA Draft SEIR
April 7,2003 45-day review ends for public comment on
the Draft SEIR.
April 25. 2003 Distribution of the Final SEIR
April 30, 2003 and May 7, 2003 Planning Commission public hearings on the
FSEIR
The timeline for certification of the SEIR of one-year from acceptance 'of a complete
application has been extended due to a suspension of time and extension agreements from
the applicant (CEQA sections 15108, 15109). The deadline for the City to certify the FSEIR
is now May 16, 2003.
CEQA Review
In January of 1991 the City certified an Environmental Impact Report ("EIR") which
addressed potential environmental impacts associated with development of portions of
Planned Development District 1.2, which includes the proposed project site. However, the
project studied in the 1991 EIR did not include a subdivision or development plan for the
proposed project site. Pursuant to CEQA guidelines Section 15162(a), the purpose of the
SEIR is to identify potential environmental impacts resulting from the specific development
proposal not considered in the 1991 EIR, as well as impacts that are significantly different
or not adequately addressed in the 1991 EIR, disclose those impacts to the public and
decision makers, and to make recommendations on feasible alternatives and mitigation
~_.-
CITY COUNCIL
FINAL SEIR VTTM/PUD 01-001
MAY 13, 2003
PAGE 3
measures needed to avoid or mitigate those environmental impacts. CEOA requires that
the decision making body for the project consider the final SEIR and, if appropriate, certify
that the CEOA process has been completed in compliance with law, and that significant
environmental impacts created by the proposed project will be avoided or adequately
mitigated before approving the project.
The Draft SEIR for the project was published for public review and comment on February
21, 2003. The public comment period ended April 7, 2003. The Final SEIR ("FSEIR")
consists of the written comments submitted on the Draft SEIR, responses to those
comments, and corresponding amendments to the SEIR, as determined to be necessary.
The FSEIR for the project concludes that all environmental impacts can be mitigated to a
less than significant level except for the project impact to biological resources. Specifically,
development of the project would cause significant unmitigable impacts to Pismo Clarkia, a
Federally-listed Endangered and State-listed Rare plant species, occurring within the
project site. Additionally, the significant and unavoidable cumulative environmental impacts
resulting from the proposed project include the loss of wildlife foraging/breeding areas. If
the project were approved, the City Council would therefore be required by CEOA to adopt
a statement of overriding considerations. Since the "project" is not being considered for
approval at this time, deliberations on overriding considerations are not necessary.
Presently, all that is being considered is the adequacy of the FSEIR.
CEOA requires that an environmentally superior alternative, other than the no project
alternative, is identified in an EIR. The FSIER identifies Alternative C, a buffered I
reconfigured project that avoids the Class I project impact and restricts development from
any areas within identified mitigation measure setbacks, as the preferred alternative. I
Plannina Commission Recommendation
The Planning Commission discussed the FSEIR at special meetings on April 30, 2003 and
May 7, 2003. On April 30, 2003, the Commission asked for further information and
clarification regarding biological impact mitigation for Pismo Clarkia, oak trees and riparian
habitat as well as the criteria for the classification of these impacts in the SEIR. The SEIR
consultant, Rincon Consultants, Inc., responded on May 7, 2003 with a memorandum
addressing the Commission's concerns (Attachment 1). After considering this information
and additional testimony the Commission recommended that the City Council certify the
FSEIR with the following changes/additions:
1. Mitigation Measure B-2(a) be revised to indicate a 50-foot setback from the top of
the creek bank to buffer wetland and riparian areas instead of a 25-foot setback,
which is contained in the Mitigation Measure in the FSEIR.
2. Mitigation Measure B-4(a) be revised to indicate a 50-foot setback from Pismo
Clarkia occurrences to buffer Pismo Clarkia habitat. A 25-foot setback is one of the
mitigation measures listed in the FSEIR for Pismo Clarida, however the FSEIR
concludes that even if all Mitigation Measures listed for Pismo Clarkia were
implemented, the impacts would not be reduced to a less than significant level and
the impact is classified as Class I, significant and unavoidable.
.---
CITY COUNCIL
FINAL SEIR VTTM/PUD 01-001
MAY 13, 2003
PAGE 4
3. The Commission was concerned about dependence upon the pem1it requirements
of other agencies for mitigation. The Commission recommends that no in-lieu fees
or off-site mitigation be allowable to mitigate biological impacts.
4. Mitigation Measure 8-3(a) requires a pre-construction survey and tree protection
plan identifying the location of all affected Oak trees, and that trees and Oak
woodland habitat be avoided by adjusting or removing proposed lots. The Mitigation
Measure stipulates that if the avoidance of oak trees is not feasible, the oak tree
mitigation shall include replacement plantings at a 3: 1 ratio or relocation plantings.
The Commission recommends tree relocation over tree replacement plantings.
5. Mitigation Measure 8-5 includes measures to reduce the loss of onsite wildlife
habitat in general. The Commission found that this onsite biological project impact is
not mitigable to a less than significant level (Class 1). Rincon Consultants clarified
the nature of cumulative biological impact analysis at the public hearings and
explained that in their view the cumulative impact to biological resources listed in
table ES-2 is not mitigable due to the loss of wildlife foraging habitat, breeding
habitat, and Pismo Clarkia that would occur as a result of project development in
combination with other approved development in the area. However, the FSEIR lists
impact 8-5, which considers impacts to habitat as a result of project development
alone, as significant but mitigable (Class II). The Commission recommends that
Impact 8-5 be classified as a Class I impact.
The Commission cautioned that a homeowners association ("HOA") should not be relied
upon to effect long-term habitat protection (referring to public education programs and
maintenance activities as portions of recommended Mitigation Measures to protect riparian
and Pismo Clarkia habitat).
Consideration and Certification of a Final EIR
CECA requires that the decision-making body certify that the following circumstances exist
prior to approving a project:
. The Final SEIR has been completed in compliance with CECA;
. The Final SEIR was reviewed and considered by the decision-making body; and
. The Final SEIR represents the Lead Agency's independent judgment and analysis.
If the FSEIR is certified, the project will be reviewed by the Planning Commission and City
Council along with a mitigation monitoring program and a submittal of CECA required
findings for each class one and class two impact per CECA Guidelines Section 15091.
Certifying the FSEIR for the project does not predispose the decision-making body to
approve the project.
Public Notice
Notices regarding the FSEIR for the project were sent to 57 property owners within 300 feet
of the project and a public notice was published in the Times-Press Recorder on April 17,
2003.
CITY COUNCIL
FINAL SEIR VTTM/PUD 01-001
MAY 13,2003
PAGE 5
There are four public comment letters regarding the FSEIR (attachments 3-6). Attachment
7 is a comment letter submitted by Nanci Parker during the public comment period for the
Draft SEIR, with reprinted comments by Rincon Consultants due to an omission of one
comment page in the FSEIR. Attachment 8 is a letter from the California Regional Water
Quality Control Board regarding the DSEIR, but received after the public comment period
ended on April 7, 2003.
ALTERNATIVES:
The following alternatives are presented for City Council consideration:
1. Find that the FSEIR is in compliance with CEQA and adopt the resolution to certify
the FSEIR; or
2. Find that the FSEIR is not in compliance with CEQA and do not certify the FSEIR
and direct staff to revise portions of the FSEIR, re-circulate, and return to the City
Council for consideration of the revised FSEIR.
Attachments:
Resolution to certify the FSEIR
1. Rincon Consultants memorandum, dated May 7, 2003
2. Planning Commission Resolution recommending FSEIR certification
3. Letter from Gorden Hensley, Environment in the Public Trust, dated April 29,
2003
4. Letter from Pamela Heatherington, dated May 7,2003
5. Letter from Douglas Tait, dated May 6,2003
6. Letter from Anna Unkovich and Don Dirkse, dated May 6, 2003
7. Letter from Nanci Parker with reprinted responses from Rincon Consultants
8. Letter from the California RWQCB regarding the DSEIR, dated April 23, 2003
9. Planning Commission Scoping Meeting Minutes of August 21, 2001
10. VTTM/PUD 01-001 FSEIR (2-volume Draft SEIR with 1-volume comments
responses, and corresponding amendments) previously distributed
--,.,.....-.----.----.-
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE CERTIFYING THE COMPLETION OF
AND MAKING FINDINGS AS TO THE FINAL
SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
PREPARED FOR VESTING TENTATIVE TRACT MAP 01-
001 (PREVIOUSL Y KNOWN AS TRACT 1998) AND
PLANNED UNIT DEVELOPMENT 01-001
WHEREAS, an Environmental Impact Report ("EIR") for portions of Planned
Development 1 .2, which includes the proposed project site, was prepared and
certified in January 1991 and specified that a separate EIR must be prepared for a
specific project proposed for a cluster subdivision at the northeast corner of James
Way and La Canada; and
WHEREAS, in the twelve (12) plus years said EIR was considered, many substantial
environmental changes have occurred in and around the proposed project site, both
as a result of changes in environmental conditions, changes in laws relating to the
environment, and as a result of the cumulative impacts resulting from additional
approved development; and
WHEREAS, a Subsequent Environmental Impact Report (the "SEIR") for Vesting
Tentative Tract Map 01-001 and Planned Unit Development 01-001, (the "Project")
was prepared by Rincon Consultants, Inc. (the "Consultant") for the City of Arroyo
Grande (the "City") pursuant to the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.), the Guidelines for Implementation of the
California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq.,
hereinafter the "State CEQA Guidelines") and local procedures adopted by the City
pursuant thereto; and
WHEREAS, copies of the Draft SEIR were distributed to the State Clearinghouse
and to those public agencies which have jurisdiction by law with respect to the
Project and to other interested persons and agencies, and the comments of such
persons and agencies were sought; and
WHEREAS, the Draft SEIR was thereafter revised and supplemented to adopt
changes deemed necessary, and to incorporate comments received and the City's
response deemed necessary to those comments, and as so revised and
supplemented, a Final SEIR Was prepared and submitted to the Planning
Commission of the City of Arroyo Grande for review and consideration at special
meetings of April 30, 2003 and May 7, 2003; and
WHEREAS, at its duly noticed meeting on May 7, 2003 the Planning Commission
recommended that the City Council accept and certify the Final SEIR prepared for
the project with additional comments and clarifications; and
Resolution No.
Page 2 of 3
WHEREAS, a duly noticed public hearing was held by the City Council on May 13,
2003 to consider the Final SEIR, following notice duly and regularly given as
required by law, and all interested persons expressing a desire to comment thereon
or object thereto having been heard, and said Final SEIR, as revised and
supplemented, having been considered.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby:
Section 1. Certify that the Final SEIR for the Project has been completed in
compliance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines and local procedures adopted by the City pursuant thereto and that the
Final SEIR reflects the independent judgment and analysis of the City Council, as
required by Public Resources Code Section 21082.1 and Section 15090 of the
CEQA Guidelines.
Section 2. Independently review and analyze the Final SEIR and consider the
information contained therein and all comments, written and oral, received at the
public hearing on the Final SEIR prior to adopting this Resolution and taking action
on the Project.
On motion of Council Member , seconded by Council
Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this _ day of , 2003.
Resolution No.
Page 3 of 3
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
ATTACHMENT 1
Rincon Consultants, Inc.
Environmental Scientists Planners Engineers
M E M 0 R A N "'\ ~ ' ~'"
u ... ''.1'
o Ventura . San Luis Obispo o Carlsbad
790 East Santa Clara Street 1530 Monterey Street, Suite D 3081 Madison Street, Suite B
Ventura, California 93001 San Luis Obispo, California 93401 Carlsbad, California 92008
805 641 1000 805 547 0900 760729 6700
FAX 641 1072 FAX 547 0901 FAX 729 6780
info@rinconconsultants,com info@rinconconsultants.com jlw@rinconconsultants.com
www.rinconconsultants,com www.rinconconsultants.com www,rinconconsultants.com
Date: May 7, 2003
To: Planning Commission
Organization: City of Arroyo Grande
From: Kevin Merk, Senior Plant Ecologist/Restoration Specialist, Rincon Consultants, Inc.
Email:
cc: John Rickenbach, Rincon Consultants
Re: Vesting Tentative Tract Map and P.D.D. 01-001 Project
In response to specific questions raised by the Planning Commission at its Apri130 hearing to
consider certification of the Subsequent EIR for the VITM 01-001 project, this memo provides
technical clarification for biological issues examined in the SEIR. Rincon Consultants' biological staff,
under the direction of Kevin Merk, has compiled the following information that responds to these
questions:
1. What is the history of successful transplantation of Pismo Clarkia seeds or plants?
Several translocation efforts have been attempted for Pismo clarkia (Clarkia spedosa ssp.
immaculata) in the vicinity of the subject project. Specifically, Pismoclarkia seed was collected
from extant occurrences of Pismo clarkia on the Rancho Grande project site and planted in
identified mitigation areas on Tracts 1834 and 1997 under the supervision of Dr. Malcolm
McLeod, formerly of Cal Poly's Biological Sciences Department. Both mitigation areas are
currently known to support Pismo clarkia individuals on an annual basis, however, it has not
been determined whether these mitigation efforts have resulted in a no-net-Ioss of Pismo clarkia .
habitat. It is correct to say that an attempt hCl$ been made to mitigate impacts to Pismo clarkia and
maintain the number of Pismo clarkia occurrences in the general vicinity by translocating seeds to
areas where there appears to be suitable habitat. While the habitat quality in Tract 1997 appears
to be appropriate for the long-term survival of Pismo clarkia, the long-term suitability of the
mitigation area on Tract 1834 has not been verified.
.
Although a mitigation area was established on the northern portion of Tract 1998 and to the east
on the northern portion of Tract 1834 (Tract 1998 Pismo Clarkia Distribution and Mitigation Map,
Padre Associates, 2000), it is our understanding that only the portion of this area on Tract 1834
was actually planted with Pismo clarIda seeds. Observations made by Rincon's biologists during
field work conducted for the preparation of the SEIR for the proposed project during the spring
and summer of 2002 confirmed that plants were growing on the mitigation area within Tract 1834,
but that no individual plants were growing within the mitigation area on Tract 1998. This is
consistent with the pattern of re-seeding conducted within the mitigation area. The only Pismo
clarIda individuals observed were confined to a very narrow strip of suitable habitat between the
existing oak woodland and the adjacent non-native annual grassland further upslope on Tract
1834.
The Pismo clarIda mitigation area located on Tract 1997 was not inspected during the preparation
of the SEIR. Dr. McLeod during a recent telephone conversation stated that he has monitored the
mitigation area at the comer of James Way and La Canada in Tract 1997 for the past eight to ten
years, and it appears that Pismo clarIda plants occur in this location on an annual basis. It was not
clear if this particular area contained.a greater or lesser number of plants that were originally
proposed for this area. No verification of the goal of no-net-Ioss of Pismo clarIda habitat has
occurred at this time.
2. Why is the Pismo clarkia on the Endangered Species list? Are there specific criteria that put it
there?
Pismo clarIda is currently listed under the federal Endangered Species Act (FFSA) of 1973 (as
amended) as endangered. This species is also listed by the State of California as rare under the
protection of the Native Plant Protection Act. The California Native Plant Society has placed
:.. Pismo clarIda on its List 1 B of rare vascular plants of California. An endanger~d species is defined
in the FFSA as any species including subspecies in danger of extinction throughout all or a
significant portion of its rartge. The State of California states that a n~tive plant is rare when
"although not presently threatened with extinction, it is in such small numbers throughout its
range that it may become endangered if its erivironment worsens" .
Pismo clarIda has been listed because it is only found in the narrow coastal zone, on specific soil
types on the margins of oak woodlands within the southern portion of San Luis Obispo County.
Its limited distribution and extent are primary factors in determining its status.' At the time of the
listing, there were only five extant populations identified. These populations continue to be
threatened by several factors, including development, road maintenance, and possibly grazing
activities. Because of then limited size and geographic extent, these populations are also
threatened with extinction by random (technically "st~chastic") events, such as disease or other
large events that could affect small populations.
3. What evidence is there that oaks can be successfully transplanted?
Several projects in the central coast region have shown that various species and sizes of oak trees
can be dug up from one location and transplanted to another with a very high success rate
(greater than 90%). A number of professional arborists and specialized horticulturists have
successfully transplanted native trees ranging from coast live oak (Quercus agrijOlia) to sycamore
(Platanus racemosa). Projects in the region that have transplanted oak trees include the San Juan
.
Oaks Golf Course in San Benito County, Pebble Beach in Monterey County, and the new
California State University, Channel Islands campus in Ventura County.
4. When you cut the canopies of oaks, how does it affect wildlife habitat, and how long would it
take for the effects on wildlife to diminish?
If the onsite coast live oak woodland canopy is modified by trimn,Ung the lower extent of
branches, wildlife typical of this habitat type will be adversely affected and would be expected to
move to suitable habitat elsewhere, if available. Of course, this depends on the amount of
trimming and specific locations. Not all wildlife common to oak woodlands and the Tract 1998
project site would be affected, but native animals that require substantial tree cover would be
more affected than highly mobile opportunists that frequent other habitat types. If the trimming
only occurred once, and the trees were allowed to regenerate and offspring were allowed to
proliferate along the perimeter of the trees' driplines extending the areal cover of oak woodland
habitat, then wildlife affected by the ~tial activity may return to the on site woodland at some
point in time. However, the increased human presence and associated indirect impacts such as
lighting and noise that will occur once the project is implemented would likely deter these
cin.unaIs from using the perimeter of the woodland habitat and be more inclined to move through
the center of the woodland away from line of sight of homes and people.
5. What is the specific justification for reducing the 50-foot riparian setbacks to 25 feet? Would a
similar level of mitigation occur as a result?
Reducing the SO-foot riparian buffer to 25 feet will still provide a sufficient setback distance from
the onsite portion of Meadow Creek and its unnamed bibutaries, while allowing an increased
setback or buffer zone from the large Pismo clarkia occurrence on site. By decreasing the riparian
and wetland habitat setback, additional Pismo clarki a habitat can be preserved. By revegetating
the 25-foot riparian setback with native plant species characteristic of riparian, oak woodland,
coastal scrub and grassland habitat types in the region, direct and indirect impacts associated with
construction of homes and human occupation in the area will be lessened significantly. Native
vegetation once established will provide increased cover of the aquatic bed associated with
Meadow Creek, and will provide increased cover to wildlife using this and the other onsite
drainage. features as movement corridors. It is anticipated that fenced back yards and not homes
will directly abut the 25-foot setback/buffer area. Resbictions on landscape materials to be used
by home owners and limiting human and pet access to the buffer area, as well as implementing an
active post-development weed abatement program will heighten the level of mitigation afforded
to this area with the reduced riparian setback distance.
6. Why isn't the general impact to wildlife on the site ("onsite cumulative") considered a Class I
impact?
The SEIR found that that regional cumulative impacts to biological resources would be Gass I,
significant and unavoidable. Impact B-5 in the SEIR describes general impacts to habitat found on
the site, in effect, the "onsite cumulative" scenario described by the Planning Commission. The
SEIR concluded that impacts to general habitat would be significant but mitigable. Mitigation
would be through a combination of minimizing road widths, ground disturbance and night
.
lighting, using native landscaping, and preserving'onsite wildlife corridors. In addition,
mitigation would be further achieved through oak tree protection measures (mitigation measure
B-3(a)), riparian and wetland protection (mitigation measure B-2(a)). Implementing the required
riparian/wetland setback and revegetating protected open space habitat on site with plants native
to the region will provide increased cover for animals in general and help maintain the existing
onsite wildlife movement corridors. Similarly, the extent of oak woodland on the property and
the site's proximity to adjacent open space will still provide animals in the area access to these
areas.
From a regional perspective, the site is already fragmented from contiguous native habitat by
other tracts already constructed in the Rancho Grande Planned Urban Development, including
homes and large roadways such as James Way and La Canada. Animals that currently frequent
the site such as black-tailed deer will likely continue to use the onsite native habitat types for .
move~ent and foraging. However, predators such as the coyote or bobcat will likely occur on the
subject property less frequently given the adverse impacts to their prey base, increase in human
presence and manipulation of the onsite native habitat types (i.e.: trimming oak trees within the
woodland areas or implementing a fuel modification plan, etc.).
7. Can you provide a discussion of what is considered "adequate" mitigation, particularly in regard
to thefact that DFG and ACOE may provide direction that is different than specified in the EIR.?
If a non-jurisdictional wetland is impacted, what mitigation would be provided? Is any required
under CEQA?
Mitigation included in the SEIR is based on our best professional judgment and information
acquired from past experiences with the various resource or regulatory agencies such as the U.S.
Army Corps of Engineers (Corps) and California Department of Fish and Game (DFG). We have
provided mitigation measures in the SEIR that not only would reduce CEQA impacts to a less
than significant level, but would likely be required by these key agencies in their role as
responsible agencies under CEQA. During the Corps and DFG permitting processes these
agencies require that suitable mitigation areas be identified on site, which mayor may not go
beyond what is identified in the CEQA document. In some circumstances the regulatory agencies
may approve ail offsite mitigation program or an in-lieu fee if suitable areas are not located on site
or if the site is fragmented from contiguous native habitat and provides low quality habitat values
for wildlife.
Depending on the total area of impacts, the regulatory agencies have a policy to ensure no-net loss
of riparian and wetland resources. In most cases, the Corps will require a performance bond to be
posted by the developer to ensure the proposed mitigation proceeds successfully. In the SEIR, we
have provided compensatory mitigation requirements currently required by the Corps and DFG,
however, these agencies review projects on a case by case basis and reserve the right to require
greater compensatory mitigation ratios as we have stated in Mitigation Measure B-2(a). Once
again, the Corps and DFG carefully review each project application to ensure that proposed
mitigation areas will support the proposed habitat type, that is to say proposed wetland and
riparian habitat restoration is not occurring on a dry south facing slope, but has the correct
hydrology and soils to support the proposed habitat types to be restored, created or enhanced.
Unless the lead agency, which in this case is the City of Arroyo Grande, requires that the United
. States Fish and Wildlife Service's or the DFG's definition of a wetland be used, the Corps is
. responsible for regulating the placement of dredge or fill into "waters of the United States", which
I
includes wetlands. The DFG under Section 1600 et seq. of the California Fish and Game Code has
the jurisdiction over waters of the State that are defined by a drainage feature with a defined bed
and bank, in areas where riparian vegetation is associated with a drainage feature, the DFG will
claim jurisdiction over the outer extent of the riparian canopy.
8. Please evaluate whether impacts to riparian habitat and oak woodlands would be most
appropriately changed from a Class II to a Class I impact.
Riparian and Oak Woodland habitat types in the vicinity of the project area are relatively
common. Impacts to these two habitat types resulting from the proposed development would be
easily mitigable given the mitigation measures included in the SEIR and relative success of habitat
mitigation projects in the area focused specifically around enhancing and recreating these two
native plant communities. A wealth of knowledge has been acquired about the propagation and
reintroduction of native plants typical of the riparian and oak woodland habitat types that occur
on the project site. Native willow trees and shrubs can be easily grown from cuttings and can be
propagated in a nursery setting and planted in the field as container stock to provide extensions of
existing riparian habitat and create new riparian habitat along onsite drainages in areas currently
occupied by non-native species such as blue gum eucalyptus. Although oak trees grow more
slowly than willows native to the region, an active oak woodland revegetation program overseen
by a qualified biologistj restoration specialist can provide the starting point for enhancing and
increasing the area of the onsite native coast live oak woodland habitat.
'-
.
-
, . ATTACHMENT 2
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE RECOMMENDING
THAT THE CITY COUNCIL CERTIFY THE COMPLETION
OF AND MAKE FINDINGS AS TO THE FINAL
ENVIRONMENTAL IMPACT REPORT PREPARED FOR
VTTM/PUD 01-001 (PREVIOUSLY KNOWN AS TRACT
1998)
WHEREAS, a Final Environmental Impact Report (EIR) for the Rancho Grande
Subdivision was prepared and certified in March 1991 for a 354-lot residential
subdivision which specified that a separate EIR, analyzed as part of the cumulative
impact .analysis of the -Rancho Grande Final EIR, must be submitted for a project
proposed for a cluster subdivision at the northeast corner of James Way and, La
Canada; and
WHEREAS, an Subsequent Environmental Impact Report (the "SEIR") for the Vesting
Tentative Tract Map 01-001 and Planned Unit Development 01-001 (VTTM/PUD 01-
001, hereinafter referred to as the Project"), was prepared by Rincon, Inc. (the
"Consultant") for the City of Arroyo Grande (the "City") pursuant to the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.), the
, Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code
Regs. Section 15000 et seq.; hereinafter the" CEQA Guidelines") and local procedures
adopted by the City pursuant thereto; and
WHEREAS, copies of the Draft SEIR were distributed to the State Clearinghouse and
to those public agencies which have jurisdiction by law with respect to the Project and
to other interested persons and agencies, and the comments of such persons and
agencies were sought; and
WHEREAS, the Draft SEIR was thereafter revised and supplemented to adopt changes
suggested and to incorporate comments received and the City's response to said
comments, and as so revised and supplemented, a Final SEIR was prepared and
submitted to the Planning Commission of the City of Arroyo Grande for review and
consideration in conjunction wIth consideration of recommendations for approval and
adoption of the Project; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission on
April 30, 2003 to consider the Project and the Final SEIR relating thereto, following
notice duly and regularly given as required by law, and all interested persons
expressing a desire to comment thereon or object thereto having been heard, and said
Final SEIR and all comments and responses thereto having been considered; and
I'
" "'
Resolution No.
SEIR Certification for VTTM/PUD 01-001
Page 2 of2
WHEREAS, the Finai SEIR consists of the Draft SEIR, as revised and supplemented,
incorporating all comments received and the response of the City as of the date hereof.
NOW, THEREFORE, the Planning Commission of the City of Arroyo Grande resolves as
follows:
Section 1. The Planning Commission has independently reviewed and analyzed the
Final EIR and considered the information contained therein and all comments, written
and oral, received at the public hearing on the Final SEIR prior to adopting this
Resolution.
Section 2. The Planning Commission hereby recommends that the City Council of
Arroyo Grande certify that the Final SEIR for the Project has been completed in
compliance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines and local procedures adopted by the City pursuant thereto. The Planning
Commission further recommends that the' City Council find that the Final SEIR reflects
the independent judgment and analysis of the City Council, as required by Public
Resources Code Section 21082.1 and Section 15090 of the CEQA Guidelines.
On motion by Commissioner , seconded by Commissioner , and by the
following roll call vote, to wit:
:.. AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 30th day of' April, 2003.
ATTEST:
L YN REARDON-SMITH, JAMES GUTHRIE, CHAIR
COMMISSION CLERK
. .
AS TO CONTENT:
ROB STRONG,
COMMUNITY DEVELOPMENT DIRECTOR
't
I
A 11 ACHMEN1 3
EPI-Center. 1013 ~onterey Street, Suite 207 San Luis Obispo. CA 93401
Phone: 805-781-9932. Fax: 805-781-9384
April 29, 2003
James Guthrie, Chair
Planning Commission
City of Arroyo Grande
P.O. Box 550 Arroyo Grande, CA 9~4?t- . - -~ ,~-- -~. --~ ---.-____________
, , \,---------
'- '. ,,\."'\ , ----.
~..\ \ '-.' , .' '----------.
Subject: Vesting T~~ta~e.Tr~ct Map a~d ~UD Oi-o~l-P;oj~!L~ "\ '" '~~
Public Comment -___________ ---... ",
---............. '\,
. " ...."
. '\ - '-'" '"
Chair Guthrie and Honorable Gonuriissioners, ' ::~: . .' _, "_ -" ~"'\ '\
- . "" - .",\ .
- On April 30, 2003 your Commission will consider a recomm~ndatiri~ ~ojhe 'City Cotincil '.
, . -'. . - '\ . -'" '. " -. ._.. \
regarding the Final ~EIR for Castlerock's proposed Ye~g Tentative TractMap an~.e.lJD 01';'
. - - 001 Project. :Enviforiment in the Public'Interest and the EnVironmeI.itafCenier of-San Luis
" . . . . ",. ~ .... \ '.. .' '.--- -
, Obispo County ~ge that you recommend certification of-the SEIR's''No Project" Ntemative.
. " '-. . " -', .' -. "-" ". "'~' '. , ......
'. " -.... ~. '-. --~. . _._~ '.. - ... ...~ "\- - ~~..,
. EnvIwnmeht in the ~blic Inteie'St(EPI) is a'C8lifornia non-profit cOlpOnm9n organized
for the pUrpose':ofensuringthat pu1?lic officials ch8rge~With--resPonsibiiities todand use - .
"., planning andenwonmental protection comply fully with so.und planning principles and with all
en..VirQnmental ~-planning laws of the State of California. J'h~.prini8ry mission QfEPI is.o ".
ad~te the public's iIrteresthtpreserVinghabitat and biOdiversity in Califo~a:-:Th~' "
Envirobmental Center of San Lui~ 9bispo County (ECOSLO) is lik~Mse -a.non':.ptQfit
corporatio~edii:ated ~Q_environmentaf heatth'and enhancing th~.qat,unil enVironment through
education, advocacy,-~fdirect acti~n in san Luis Obispo CO!JIlD'.As such, EPI in collaboration
with the EC()SLO wish fa-submit :th~~ following coIrim'ent as you Commission considers the
FEIR for the Vesting Tentative Tract Map-and PUD 01-001 Project. .
COIT'.E.:::nt from th-= EPI-C,=,nt8r O~/3C/,):3 Pag8 1 of :3
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Summary
Specific comment follows identifying our reasoning, however, the evidence presented in
the SEIR demonstrates that the project has significant environmental constraints and unavoidable
impacts. Therefore, EPI and ECOSLO support adoption of the identified environmentally
superior alternative, the "No Project Alternative". Further, we urge the Planning Commission to
reconsider the 1990 General Plan as the guiding authority for the Vesting Tentative Map and the
PUD Project.
Should your Commission feel that they cannot support the "No Project" Alternative
(Alternative 1), we urge your Commission to find that the project as proposed has significant
environmental effects and recommend that the SEIR not be certified.
I. Le2al Authoritv -
, EPI and ECOSLO continue to question the application of the 1990 General Plan to
control the City's authority for this proposal.
The application for Vesting Tentative Tract Map 01-001 was deemed complete in June of
2001. The Arroyo Grande City Council adopted the General Plan Update on October 9,2001.
The General Plan Update was in its final environmental impact report review when the
application for Vesting Tentative Tract Map 01-001 was deemed complete. It was a matter of
four months between the vested rights for Vesting Tentative Tract Map 01-001 to be applied
according to the existing 1990 General Plan or the updated General Plan. According to
Government Code Section 66474.2 (b)(c), "...ifa city has initiated proceedings changing its
general or specific plan, zoning or subdivision ordinabces, by ordinance, resolution, or motion
and has published notice of this change... the city may apply these new standards to any map for
which an application has not been deemed complete." This statement is reciprocated in the
Governor's Office of Planning and Research General Plan Guidelines publication as follows, "If,
however, a local agency has initiated formal proceedings to amend applicable'plans or
regulations prior to the application being deemed complete, the amendments, if adopted, will
apply to the vesting map (General Plan Guidelines, pI17)." Based on the Government Code
Section 66474.2 (b) (c) and the Guidelines by the State of California Office of Planning and
Research, the 2001 General Plan should apply to Vesting Tentative Tract Map 01-001 because
the General Plan Update was far past the 'initiated formal proceedings' stage and was in fact in
its fmal proceedings to being adopted.
We believe it is appropriate to apply the 2001 General Plan to the Vesting Tentative Tract
Map 01-001 due to the close timing of the application submittal and the adoption of the new
General Plan (Harroman, 235 Cal APP. 3d388).
However, even if the 1990 General Plan were used as the authority over the proposed
Vesting Tentative Map, we believe the design and improvements of the proposed subdivision are
inconsistent with that General Plan (see attachment A for summary of noted inconsistencies).
'::::>!!LtTlent from the EPr-Center 04/30/03 Page 2 of 3
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II. Biololrlcal Resources (p 4.2-1- 4.2-31)
Impact B-4
The SEIR identifies Class I impact to the Federally listed Endangered and State-listed
Pismo clarIda resulting nom the proposed project. Clearly the proposed project design and
improvements will cause substantial environmental damage and injure clarIda and associated
wildlife habitat.
The only appropriate alternative identified in the SEIR that can feasibly avoid this impact
is the "No Project" Alternative.
ID. Land Use
-
The conclusions of the SEIR supporting the "No Project" alternative as the
environmentally superior alternative, especially the Constraints analysis (see SEIR Figure 4.0-1),
demonstrate that this site is not physically suited for the type or density of development proposed
by the applicant (see Carmel Valley View, Ltd. V Board of Supervisors, 58 Cal App. 3d 817
[1976]). The City's 2001 General Plan recognizes the sensitive nature of the resources here and
the subject property is now zoned Conservation! open Space. As such it is the City's policy to
"safeguard important environmental and sensitive biological resources contributin~ to (a)
healthy, functioning ecosystem" (C/OS2, 2001 General Plan Policy Document and Elements).
Respectfully submitted,
.~I(~
Gordon R. Hensley
Executive Director/Senior Ecologist
Corom~nt from the EPT-Center 04/30/03 Pa?e 3 of 3
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ATTACHMENT A
Vesting Tentative Tract Map and PUD 01-001
-
Inconsistencies with 1990 General Plan
City of Arroyo Grande
Arroyo Grande, CA
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.
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May 7, 2003 I,
A TT ACHMENT 4 RECEIVED
To: The Planning Commission
City of Arroyo Grande MAY 062003
cc: Rob Strong, Community Development Director CITY OF ARROYO GRANDE
City of Arroyo Grande COMMUNITY DEVELOPMENT DEPT.
Teresa McClish, Associate Planner
City of Arroyo Grande
Robert Brownson, Spokesperson, Citizens for
the Environment in Arroyo Grande
Subject: 25-foot VS. 50-foot Setbacks in Tract 1998 (VT01-001)
ARGUMENTS AGAINST 25-FOOT SETBACKS
25-foot SetbackslMeadow Creek
1. We don't believe that a Homeowners Association could enforce the voluntary planting of
native plant species to the degree necessary to protect against erosion and contaminated
run-off. Native plants won't be sufficient once the trees and riparian habitat are removed.
2. We don't believe that a HOA could successfully ban the use of pesticides and chemical
fertilizers for any length of time. This would result in contaminated run-off entering into
Meadow Creek from nearby front and back yards and roads.
3. We don't believe a HOA will be able to keep children and domestic animals
from disturbing the creek banks and creek bed.
25-foot SetbackslPismo clarkia
1. A fence is a temptation and a challenge to children. The HOA will be 'unable to stop
youngsters from climbing the fence and running crossing the Pismo clarida propagation
areas to play in the trees on the adjacent hillside.. The closer the fence, the greater the
temptation,
2, Running a car off of the road and into the fence, and into the Pismo Clarkia, is more likely
when the two are located too closely together.
3. There must be an adequate (non-intimidating) wildlife corridor across the property,
however that would not be the case if roads were set back only 25 feet from the Pismo
clarida areas.
ARGUMENTS IN FAVOR OF 50-FOOT SETBACKS
. Meadow Creek serves as a refuge and as a corridor of travel for wildlife. Homes/people
located too closely to the creek will drive wildlife away from this natural resource.
. The riparian habitat along the banks of Meadow Creek cOnsists of trees and other
vegetation important to maintaining a healthy stream. It is critical to protect this valuable
streamside ecosystem from pollution for the sake of the wildlife and the community. A 50-
foot setback provides greater distance from lawns, roads and other impervious surfaces;
hence, less chance of contaminated run-off from herbicides, pesticides, gasoline, motor
oil and other poisons running into the creek.
. Creeks provide a corridor for floodwater. Once development has located too close to a
creek corridor, there is invariably run-off from the impervious surfaces into the creek, and
,
Page 2. 25-foot vs.50-foot setbacks in Tract 1998 (VTT 01-001), continued.
. problems with flooding occur. Once flooding becomes an issue, creek alterations are
proposed to minimize flooding impacts, both upstream and downstream, including in
adjacent cities. Maintaining a greater distance from the Creek will allow rainwater to
settle into the soil to a much greater extent.
. Providing adequate creek setbacks allows a creek corridor to retain much of its natural
state. By avoiding nearby tree removal and mass riparian vegetation clearing close to a
creek corridor keeps erosion in check. 25 feet is much too close to avoid erosion of the
creek banks.
. The City of Arroyo Grande must require a creek setback, at a minimum of 50 feet from
the top of the creek bank to the edge of the riparian vegetation, whichever is greater.
Failure to pay adequate attention to creek setbacks may result in events like those
experienced by a town in the North County, the city of Atascadero where the bowfing
alley is falling into Atascadero Creek and junk from nearby pedestrian areas has made its
way into the creek.
Summary: Protecting creek corridors is a critically important part of the Tract 1998 (VT01-001)
discussion. One of the mC?st sensitive, biological areas is the creek bank. Keeping an adequate
distance from the creek corridor, a distance of at least 50 feet, insures those upstream and
downstream from potential flooding and also guarantees wildlife and plant habitat for generations
to come. Homeowner Associations will not be able to effectively enforce the necessary protective
measures when there are only 25-foot setbacks,
Pamela Heatherington
1204 Nipomo Street
San Luis Obispo, CA 93401
805 544-1777
805544-1871 (Facsimile)
pam@ecoslo.org
www.ecoslo.org
The ultimate foundation for all living things is the environment.
,
A TT ACHMENT 5
May 6, 2003 RECEIVED
Rob Strong MAY O~2003
City of Arroyo Grande, Community Development Director
P.O. Box 550 CITY OF ARROYO GRANDE
Arroyo Grande, CA 93420 COMMUNITY DEVELOPMENT DEPT.
Subject: Vesting Tentative Tract Map and P.U.D. 01-001.
Public Hearing on Final Subsequent EIR.
I would like to submit the following comments and concems to be included in, and for, the May 7,
2003 Planning Commission Meeting for continued discussion on the FSEIR.
Changing of Mitigation Measure B-2(a).
The DSEIR states numeJ:.ous reasons why tQe riparianlwetland and oak woodland area is
environmentally sensitive. and why it 'is classified as a Class II significant impact.
Impact B-2 states the proposed proje.ct would reduce the acreage of locally and regionally significant
vegetation communities. The 8-2(a) mitigation measure - Riparian and Wetland Protection states all
wetland and riparian areas shall be avoided and building envelopes shall be located so that all
riparian and wetland habitat is buffered from development (including grading) by a minimum 50-foot
setback from the top of the creek bank.
A memo dated April 7, 2003 in response to the DSEIR from Dean Coker, Senior Planner with
Castlerock Development states, in item #10. that .no justification is given for the recommended 50-
foot buffer around the riparianlwetland areas. . . the buffer should be reduced to 25-feet unless a
logical justification can be given for more" Mr. Coker goes on to say, .buffers should be established
that are consistent within the original Rancho Grande plan and utilized only where their use is flexible
and does not preclude the accomplishment of the original project intent:
My response regarding the no justification for the 50-foot buffer is located on page 4.2-30 of the
DSEIR, .Wildlife Corridor Preservation- 8-5(f). This states preservation of the wildlife corridors that
are present on the project site can be achieved with sufficient setbacks from riparian and wetland
habitats. Those sufficient setbacks were recommended to be 50-feet by Rincon biologists. Now it
seems as a result of .further analysis. the mitigation measure has been modified to reduce the
required setback from 50 to 25 feet, provided certain conditions are met.
Why did Rincon biologists change their mind from an adequate 50-foot protection to a 25-foot
setback which they, Rincon, considers to be the minimum distance that can effectively avoid Impact?
Was Rincon In error with their first recommendation? Would some of their other recommendations
possibly be in error if the .project site was revisited by a senior blologl.st-?
Must we, as Castlerock would like' us to, sacrifice these critical riparianlwetland areas in order to I
maintain feasible development lots? I
I would also argue that the following additional requirements that justify modifying mitigation
measure 8-2(a) from 50 to 25 feet are neither realistic or obtainable.
1. How does one make sure that stormwater drainage shall not be allowed to enter the creek?
2. How can the HOA ensure that homeowners won't plant non-native species? The HOA cannot
act as an enforcement agency.
.
RECEIVED
MAY -0 6 2J03
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT OEPi
3. .Public access to buffer areas shall be prohibited". Who will enforce this? I do not believe
CC+R's are enforceable by the City. and should not be used to implement mitigation measures.
4. aBack and front yards that abut the buffer areas shall be fenced in order to avoid indirect I
impacts resulting from unrestricted access". Fencing and signs, for the most part, do not
prevent access. Fences are made for children to climb over.
V.L. Holland, Plant Ecologist at Cal Poly SLO explains in the Botanical Review of Rancho Grande
Subdivision, Arroyo Grande, California February 28, 1991 that .indirect impacts occur when habitat I
modifications extend to the fringe areas just outside the actual development site. For example, I
homeowners tend to dump landscape debris, refuse, etc. in areas around developments. Children
build trails, forts, and otherwise penetrate and disturb the natural vegetation. Additional impacts I
include the planting of ornamentals, some of which escape into the surrounding native communities
and compete with the native species. These activities extend the impacts of the development into I
adjacent habitat areas off-site by opening up new areas for the establishment of weeds and exotics. I
Once established these introduced plants may replace the native species and modify and degrade the I
habitat so the native wildlife is also adversely impacted. In the long term, this degradation could I
result in additional loss of habitat in the fringe areas for many native plants and anima's. Examples of I
this type of impact is plentiful in surrounding rural residential areas" I
I would hope a .safety nee would be included in the setback requirement. The newly recommended
25-foot setback, which is considered to be the very minimum distance that can effectively avoid
impacts to the riparian/wetland habitats, has no safety net. The original 50-foot setback would have
some safety net included. i
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The changes to Mitigation Measure B-2(a) from a 50-foot setback to a 25-foot setback may also effect
4.8.2 Fire Protection, specifically Impact PS-2.
Impact PS-2: The proposed project will result in an increased demand for fire protection services in
an area characterized as having a high fire hazard. This would be considered a Class II Significant
but Mitigable Impact. The site's steep slopes, flash fuels and canyons, combined with residential
development, will create a potential fire problem.
Currently California Resource Code 4219 requires clearance of flammable vegetation for a distance
of 30 to 100 feet around a structure located in a fire hazard area.
Mitigation Measure PS-2(a) requires 30 feet of adequate clearance from brush to structures
throughout the development. This 30 foot clearance is the minimum requirement for fire safety,
(Ventura County has a 100-foot requirement). Being characterized as having a high fire hazard, could
the minimum 30-feet required clearance from brush to structure be increased - being deemed a fire
safety issue by the Fire Department or any other jurisdictional agency? If increased; how would the
changed mitigation to a 25-foot setback, which is meant to buffer the riparian I wetland area from
development, protect the riparian and wetland habitat from impacts of weed abatement?
The 25-foot setback buffer between the development and riparianlwetland, coupled with a possible
increase in the brush clearance requirement, may necessitate the removal of vegetation in a sensitive
habitat such as riparian/wetland or pismo clarida. This may be classified as a major impact.
Conversely, if the 50-foot setback, as originally required in the DSEIR as mitigation measure 8-2(a),
was adhered to, then the possible increase in the brush clearance requirement may not impact the
vegetation in sensitive habitats such as riparian wetland and pismo clarkia.
.
In conclusion, the more I read the DSEIR the more I am convinced that there are many constraints
that should restrict the development potential of this site. We are losing our sensitive habitats on the
central coast - a little bit here, a little bit there. Individually these changes seem minor. Collectively
they represent a serious loss of sensitive habitats. .
As stewards of the land or responsibility is to protect rare species and sensitive habitats. When we
reduce setback buffer areas that protect these sensitive.habitats it appears we are shrugging our
responsibility. It would be the wise, responsible, and right thing to do if the original Mitigation Measure
8-2(a), from the DSEIR be followed.
Submitted May 6, 2003
~~ ---- ~
't-..- - \) ...:-
Douglas W. Tait
645 Asilo
Arroyo Grande, CA 93420
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May.6, 2003 ATTACHMENT 6
RI
To: Mayor Tony Ferrara ~r~v OF'J.
t: 1/ ',ktU\1J I u U,H'''~'-
And Arroyo Grande City Council 03 HAY - 1 PH 3: 26
214 E. Branch Street
Arroyo Grande, CA 93420
From: Anna Unkovich & Don Dirkse
Re: Tentative Tract 01-001 (tract 1998)
As the development issue comes to public hearing and decisions are made by the City
Council, we think it is important to have one more item in writing for the record.
Each of the original owners on Asilofacing Tract 01-001 asked if the hillside was scheduled
for development. Each of us was told by Kelli Shetler (sales representative for Castlerock)
that" . . . the oaks and wetlands are protected" As we looked out on the 26 acres of oaks
and wetlands, we assumed them to be protected, as stated.
We admit to being ignorant of California law that allows 100-year old oaks to be replaced
with "twigs," or wetlands to be "moved," neither of which would have been considered to
be satisfactory options in our purchasing decision.
We believe there is an implied promise in that sta~ement that the hillside would remain in its
pristine environmental condition. Given the fact that these owners of the adjoining Asilo
property (as well as realtors and others in the Highland's community) were promised this
, "protection," it leads one to wonder at the real intent of the developer. And, despite what
may have been in the fine print of an inch-thick purchase document, we believe that the
developer has an obligation to protect that hillside, as promised.
Since Castlerock seems unwilling to meet this obligation, we ask that the City Council use its
power to protect this environmentally sensitive treasure.
Thank you for your consideration of this critical issue.
Sincerely,
.
4~
Anna Unkovich
P.S. We have watched four of the five of you work together in our few years here. We must
tell you that we are very proud of the dignified manner in which you conduct business, and
the respectful way that you treat each other, and treat members of this community. We
appreciate your constant search for win-win solutions.
C : ~ C'..:.wc~
~ M (
~
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i -H,\ ~ CL-<..,",~
, ~ ~tWDiY~~ I
~~(}'v..:I\ . k P lC\..r\'r\.. ~.:r 5' /1()~
~c...(~
-
. A TT ACHMENT 7
'Comments 'on the
Draft Subsequent Enviro~enta1 hnpact Report
For Vest4lg Tentative 1'ract Map and P .U.D. 01-001 Project
Nanci Parker ' RECEIVED
1121 Vard Loomis Lane APR 0 7 2003
Arroyo Grande. CA 93420 ' -
CITY OF ARROYO GRANDE
L COMMUNITY DEVELOPMENT DEPT.
)acts: Simificant and Unavoidable: c.i1~ <6
. . pact: Biolo2ical ~esources: Impaction on Pismo Clarkia, a Federally-iisted endangered and
A " d.,. rted rare plant speCIes.
~ - -
_ . __._. _. . _,B-4 (a) Mitia:atioi1: 'Avoidance '
1. "...iffeasible. occurrences should be avoide4". Comment: Terms such as "if feasible" and
"should be avoided" hold no weight. and will cause no positive outcome. No company would AI
follow these suggestions if they do not have a personal interest in the environment themselves.
1ms company has clearly demonstrated they do not.
2. sCBuilding envelopes shall be lo~ted so that all occurrences are buffered from development
(including grading) by a minimum 25 ft setback.... Comment: This is good. By holding de-
velopment and grading 'to a .25 ft setback, this will keep' ClarIda from becoming dug up,
buried or loosened from groWld.
3. Highly visible ~encing as well as locations marked on plans will lesson mistakes from be-
ing made. Good. -
. B-4 (b) Miti2ation: Agency Permit Compliance
"If total avoidance is not feasible, all necessary permits..... This language is reasonable and
excellent. the mitigation seems to be pretty complete. However. before .incl~ding it as a miti-
gation measure, it must fIrst be established that it would attainable for this site. Is there a valid
on-site proposal for the reintroduction and propagation of Pismo Clarkia? If so, has this site
been validat~d by a qualified botanist? This can hardly be used as a mitigation if it's not even
known ifit's a viable alternative.
Secondly, who will maintain this site "in pexpetuity"? Who will monitor the weed abatement ~
programs every year to enforce' off-season spraying and trampling of newly budding Clarkia?
These issues need to be addr~ssed and established or they meali nothing. If the city adopts this
plan thinking these measures axe viab1e, only to discover later that they axe not, then it will be
too late.
Having the applicant "create hvo acres of occupied Pismo Clarkia habitat for every one acre of
habitat impacted by project developmen~ and then monitoring this acreage over a several year
period to determine that gross population numbers are consistently declining ~thin the pro-
tected areas... to ensure the long-term viability of the onsite Pismo Clarkia occurrences and to
reintroduce genetic material collected.. ~" does not sufficiently cover the problem of reintro-
l'i.:~n(~~ P.~ri~.~r [:r~ft Sl'b~-:~~qu~:n'~ =:U~ (~CI::",rclent~: F, {J t.;. ~!-(i{}1 1
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duction of Clarkia. Again, it has not yet been established whether this Pismo Clarkia can . .
be trans~1anted. If this highly ~en~tive species is n~t ~nt1y growing an this site, it ~:~. .
a~tom~c~y be assumed that It will be a ga?d receiver sIte. A site must .be identified before '->
this ID1~l~ationcan ~ accepted as. ~ a1ternati~e measu:e. .Haw can a decision be made an a
S~posl~on? Accordmg to. ~e bwldmg foatpnnts af this Site, I cannat even imagine an alter- ~l-It.
native. s.lte that ~ould be a VIable receptor far this sensitive endangered species. .Transparting
a sensitive species that has proven to anly propagate in a riparian area would be difficult in the
best of circumstances. To reestablish. such a species up a. hill where it is chy and water nm-off
is rapid would be nathing mare than tassing the species onto the pavement. .
B-4 (c) Mitieation: Worker Education Program
Education is ahvays valid. It wauld anly be a benefit to. educate the workers' however this .
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~l work only if the educatian is dane by the right persan. This paragraph daes nat say who
Will execute this ~ctian. It may be costly to. hire an appropriate and educated persan to' L.
carry out this worker educatian pragrani. I ~ easily visualize the company, in the ratianali-
zation of saving fun~, to perform the educatio.D.al pragram using an unqualified persan. Nath-
ing would then be -accomplished. . Educatian must be dane by a qualified person far it to. be
deemed mitigatian.
Class n InrDacts: Sil!l1ificant but Mitieable:
AES-I !mDact: Aesthetics: A~teratian of aesthetic character
AES-I (a) Mitieation: Madification of Applicant Design Guidelines:' b
This is excellent; and will pravide much needed teeth in an area that will significantly help this
project. By changing fram c1'eco.mmendatian" to "requirement", this will better assure the
, measures .are accamplished.
Clustering of hames to. avoid significant environmental impact is a viable alternative, espe-
cially when caupled with opening view paints for public education af riparian lands. Having a
viewpoint far scenic and eduCatianal purposes would help keep peopl~from trampling over
sensitive areas if apened to a future haus~g project.
AES-2 ImDact: Aesthetics: Introductian af light and glare
AES-2 (a) Mifu!ation: Exterior lighting: .. '.
Designing lights to radiate light do\\tllward may help mitigate glare onto surrounding commu-
nity. This there fare is amitigable impact in regards to SUII"ounding ca~unity, but not in.re-
gards to. the enviranment where lighting has a huge impact. Animals will nat stay in lit sur- t
roundings, and plant life is'highly affected by lighting. Plants need the balance af night and
day, light to dark. A highly sensitive plant species such as the Pismo Clarkia will be ~ecte,d
by the high impact of this lighting. This impact needs to. be separated into two., one which 15
Class II Significant but Mitieable and one that is Class I Simificant and Unavoidable.
Limiting exterior lighting to. security and safety purpo.ses would ~ to lawer ~pact enough
to make this less than significant; but'there is still a great deal of lighting from street lamps as .
well as outdo.or lighting fram each individual hame, also ~ed for safety purposes. Driving
i~.~zp\..:~ ~ ~:-~..~'.:- [)fc;ft subs~qU'~:1t EiR C:G:r.:n.~~1ts F.V.().'1-001 2
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through the neighborhood in night time hours also produCes a great deal of glare from head-
lights and is unavoidable; the more homes, the mo~e cars. the higher the impact. Since a com- /'
~unity can with~an~ some lighting, and since safety is an issue in anY,community, lighting is t--
unpo~t to ~tain fo: people. In decreasing gl~e ~d the wattage as well as 'radiating it c....~
dO\V"Ilward, this all has IIlltiganon on the amount of lighting a community can withstand, and so
I agree this is a mitigable impact on community with these measures. But again, these impacts
' of safety lighting as well as glare from cars at night may be better decreased but are not com-
p~etely gone, and so are an unavoidable impact on the animal and plant communities. This
makes lighting a Class I Significant and Unavoidable Impact on the environment.
Impact: Introduction of Noise: (not listed)
Class n: Significant but Mitigable;
Class. I: Significant and Unavoidable:
Surprisingly the inipact of noise on the community as well as the riparian area that contains wild- (
life as well as sensitive plant species is not mentioned here. Noise has a big impact on conummity
as well as environment. It has been proven that baving an area nestled among a hillside deepens
and accentuates noise. - mtroduction'ofNoise would therefore be a Class II ImDact: Sianificant but
Mitilzable in regards to civilian community. The impact of noise to the environmental community
would be Class I Si2I1ificant and Unavoidable in relation to s~nsitive wildlife habitat.
B-2 Imoact: Biolo2ical Resources: Reduction of significant vegetation communities in local
and regional acreage (including Valley Foothill Riparian, .seasonal and Fresh Emergent
Wetlands)
B-2 (a) Miti2ation:' Riparian and Wetland Protection: c;
1. Again, "if feasible" or "sball be avoided" cannot be used when considering whether to ac-
. cept a mitigation measure, unless it is not important to follow through. Obviously, if an im-
pact is not important enough to necessitate an enforce~le mitigation, it doesn't belong here
anyway. These words must be changed to stronger language ,that the city can enforce if the
mitigation is not followed. It is obvious that all wetlands must be avoided in order to prevent
the loss of riparian acreage. If this mitigation cannot be followed and..tbe impact cannot be
avoided, this would then be classified as a Class I Sicmificant and Unavoidable Imoacl not
mitigation to an avoidable impact.
2. This paragraph mentions a 50 foot buffer zone for preserved riparian/wetland areas. Ac-
cording to this document: two acres will be designated for every one acre of displaced Pismo \)
Clarkia, I do not see that the "designated area of transplantation" on the aerial photo dated Au-
gust 1999. will fit this need. I surmise there will be rem~;ning Clarkia in the vicinity of
homes. Is it the proposal of this document to adhere to the recommendations of the 50 foot
buffer zone between remaiiUng Pismo Clarkia and constructed homes?
3. This would be an ideal mitigation if it were enforceable with the future homeowners as
well. I can understand how the city might enforce the construction crew to keep from dump- ...
ing pollutants into the riparian/wetland areas. bu~ the homeowners will not have such a con- -
straint. On Wednesday, March 2003, I had the chance to drive by this area. I w~tched as ~er- .
bicides were pumped onto the hillside overlooking James Way. This is the property belon~g'
to the same developer. The hillside shows no weed growth; water freely flows down the hill
:~i~'~(:~ ;:.~::. -:~~ [)!":~h .::.jt~:~e-t::!.:€;,,:t EiF' ~:'::.;-:.~n'~t~.t~ P.~.J.[:. '~-oa1 3
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and runs off down James Way into the creek area. I drove around to the inside of the division
developed by this same developer' along Asilo Drive. to the "greenbelt" area between the 3rd
and 4t1i houses on Asilo Drive, overlooking this project area. This "greenbelf' directly feeds: 'f(
runoff onto the riparianlwetland area from this greenbelt area. The area was brown. weed /
abatement apparently ongoing as I am told .there is never any vegetation groVting in this area. '-en\" .
These herbicides are already flowing into the creek as well as into this area. I caD. see how dif-
ficult it would be to inform the new homeowners they could not use any. herbicides when they
are already being used. and when they feel weed abatement SO" important. Ongoing education
would need to be given in order to keep weeds abated and at the same time keep the herbicides
from rwming into the area. Homes would have to be kept at the 50 foot buffer zone to keep
herbicides and pesticides from running off into prot~cted areas.
4. ';If impacts to riparian and wetland habitats are not avoided. the following shall be imple-
i" mented in order to mitigate impacts.n This is an amazing sentence, showing that the above
mitigations mayor may not be observed even if accepted by contracted parties. This shows
how easily the developer can break these mitigations. If the above mitigations !;lIe acceptable
to Planning Conunission, the City Council and also to the developer "and the project goes for-
ward, there should be no reason the mitigations would not be followed, or enforced.. There-
" ',fore, another argument is given to support using stronger language in the previous mitigation
" measures. Again, remove wording that says: " if feasible" and "sh~ be avoided". This word-
ing is also used in the final measure of this mitigation, the measure that is supposed to some-
how insure that the impacts have been made acceptable. Paragraph 4 states "It is recom- 3
mended" that the applicant contact these agencies prior to final plan submittal..." I{ this is an
actual mitigation, it needs to be stated clearly so there is no misunderstanding. The developer
must contact these agencies in order to incotpOrate any additional requirements.
Paragraph 4 clearly states that the applicant must contact the appropriate agen~ies for any"
grading or fill activity v.ithin drainages and wetlands. And ye~ mitigation measure B-4(a)
states clearly that fill and grading activity ~thin the designated wetland' areas will not be per-
mitted. This is also stated in the paragraph B-2(a) paragraph 4 part i: Mitigation plantings for
the loss of existing wetland and riparian habitat shall be located in the o~ite drainages that are
proposed to be modified or preserved as part of the proposed project to the fullest extent pos-
sible." Ibis looks confusing, contradictory and like a loophole, allowing the developer to
grade and fill as long as it bas been recommended to him that he contact these agencies and
obtain a permit first. Either Arroyo Grande is in charge oftbis mitigation or not.
Paragraph 4 b states: "As part of the permitting process. the applicant would likely be required
to provide a compensatory habitat creation/restoration program to mitigate impacts to jurisdic-
tional wetland and riparian area..... Using the words "would likely be required': is ok, as long.
as it is clear that this is therefore not a mitigation measure. This could only be used as a miti-
gation measure if this is a fact and the City Council and the Planning Commission accept this
as such. How can an agency vote for or against a project when the mitigation measure reads
;:the applicant mayor may not do such and such", Either he will or he won't.
If the mitigation measures i through viii are in fact adopted, then this mitigation measure cer-
tainly holds more teeth.. It is well written, and contains some good ideas on preserving the
area's natural resources. The onl)" problem I see with this is the establishment of an alternative
i'~~:"i:;~ ::. S..t~~i ~r~t7C ~:~....:bs;::':1:".1-snt.=iF~ (;0:"rH7,~:.t~ F.t~.C.L ~-f}0.f 4
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site for the plantings of species. Historically, it has never been shown that uprooted plantings
ofPismo ClarIda are very Successful. nor has it been documented that Pismo Clarkia seed can
be planted in an area not shown to grow Clarkia in the first place. 1
***AlI in all, even if the mitigation measures were to read as outlined above, and'were to be
followed as outlined. it is clear that there would still be a significant reduction of acreage of <.....;:r ,
locally and regionally significant vegetation communities. including Valley Foothill Riparian,
Seasonal and Fresh Emergent Wetlands. Not only with loss of acreage due to the covering
over from grading and building, but also due to loss from the ruination of riparian land due to
herbicides and grading, as well as from the transplanting of wildlife and plant life from a wet-
land! riparian area. This loss cannot be made up by man. merely by transplanting plants and
insta1Iin~ a sprinkler. This area cannot be duplicated at will in another location just because
we want homes there. This impact is clearly Class 1 Significant and unavoidable. If homes are
to be built there, it would only be with a City Council vote for Overriding,Consideration.
B-3 ImDact: Bioloeical Resources: RemovaJ of Oitk Trees
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B-3(a) Mitieation: PreConstructioD Survey and Tree Protection Plan \(
This is an excellent Oak Tree Protection Plan. It is well written, and contains many ideas that
are achievable. The follow-up of holding a performance bond would help ensure that the plan
would be enforced and is a good idea.
I am also pleased to see that no oaks will be replanted within the riparian areas. I believe this
is a Class n si2I1ificant Impact but Mitigable.
B-5 ImDact: Reduction in wildlife
B-5(a)Miti2ation: Minimize Road Widths.
I think this is exactly where a code variation needs to be allowed. Providing the safety is
maintained, having narrower roads will lesson the impact on usable areas for plant life as well L
as wildlife. It will also lesson runoff from auto tire debris, oil, and other. environmentally haz-
ardous waste products. I would also like see an inclusion of a mitigation to disal10w street
parking, further permitting the narro~ing of the roadway.
B-5(b-e) Mitigations:
Also good mitigations. reasonable and informative.
Comment:
Despite the z:eduction in this .Impact due to adherence in ~tigatio~s list:d, this is still an Wl:
avoidable imuact. Wildlife will be reduced due to the building of this project.
Impact: Introduction of Noise: (not listed)
Class II: Significant but Mitigable; ;J
Class I: Significant and Unavoidable: . . . . .
Surprisingly the impact of noise on the community as well as the nPm:an area that con~ns wild-
life species is not mentioned here. Noise bas ,Ji big impact on commumty as well as enVlI~nmeD.t.
It has been proven that having an area nestled among ~ hillside deepens and accentuates .DOlse. In-
t ';::-I',::'.! f'~ri': .,:.( r....t..a-~ .:--"tw.-......r-..< l;::P :-.,.i~.f'r;t~.;).r;t~. P:~ rt -"-no'~ 5
,,"1 ,:. \..~:..~'='...;. ::,... \0..: ". ........ .., .... .............. ~ ,
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. n:o~~ction of No~se woul~ therefore b~ a Class IT IzI.1p~ct: SianHicant but Mithzable in regards to fY\
c~vilian commumty. The lII1pact of nOise to the enVIronmental community would be Class IS'
mficant and Unavoidable in relation to sensitive wildlife babitat. . , 19~ .
T.2 ImDact: Spillover parking
Street spa~es sho~lld not be available due to narrowing of roa?s. Parking can be limited to off'. }J
street parking, driveways can be constructed to allow the parking of two addition.8l cars. Addi-
. tional' parking can be maintained off site along entrance roadway or site pads constiucted along
e.ntrance roadway. .
LU;3Imnact: NoiSe
The. impact of construction noise would be temporary, but is not less than shmificant This nois.e,
arising through the dell and echoing back from ~e hillside is certainly significant to the people
who already live there. as well as to wildlife trying to continue to survive in the area. This Impact 0
is Class II Significanf out Mitigable as there are certainly mitigations that can be required that
~ould D"Ii11imi7e construction noise.
Noise caused by future home owners could also be minimi7.ed, but not eradicated altogether, hence
the' impact after homeown~s move in would be a Class I Sienificant but Unavoidable as stated
, above.
Direct and Indirect Impacts: [SEQA Guidelines Sec. 15064 (c)] (see below)
Cumulative Effects Imnacts: [SEQA Guidelines Section 15355] p
Refers to two or more individual impacts that. when considered together, are Considerable or that .
compound or increase other environmental impacts. The cumulative impacts can result from minor
but collectively significantprojects taking place over a period of time.
There are clearly many impacts on this environmentally sensitive region. All these impacts have
clear and direct impacts on each other. With less vegetation, there is less wildlife. With less water
flow, there is less vegetation; with encroachment on wetlands there is more pollution. causing
more impact on species. Downstream debris leads to less water flow, encroachment impacts on
water quality which impacts both wildlife creatures as well as plant habitat. It's all an accumula-
tive cycle.
. Conclusion:
The following impacts are Class I Significant but Unavoidable: These impacts mayor may not be deemed
acceptable to the City, or to the Public, but they are certainly unavoidable impacts. Beginning with this ~
summary of Significant but Unavoidable Impacts and comparing it to a list of social and economic factors
on the project, (as per CEQA) the decision would be whether or not to justify this project despite these
impacts.
B-4 Impact: Biolotrlcal Resources: Impaction on Pismo ClarIda, a Fed~rally.listed endangered and
State listed rare plant species.
j'.~;.)rv:~ ? ~~ke: Dr~j~i: S~lti~.6qu.::nt E~,:;~ t::(~,nrrl::::fi~S ::t.I..~.D. .1-0':-:1 6
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AES-2 ImDac~: Aesthetics: Introduction of light and glare
B-2 Imoact: Biolosrical Resources: Reduction of significant vegetation communities in local and re- Q
gional acreage (including Valley Foothill Riparian, Seasonal and Fresh Emergent Wetland c.o."t
B-S Imoact: Reduction in wildlife
Imvact: Introductio~ of Noise: (not listed)
Direct and Indirect ImJ)acts: (not listed)
As .per .CEQA standards, Direct ~d Indirect. Impacts [Guidelines Sec. 15064 (c)] "in evaluating
the significance of an impact, the Lead Agency must consider both the direct and the indirect im-
pacts of the project. Indirect Impacts. also referred to as secondary impacts. of the project that may
occur either later in time or at some;'distance from the project site but that are still reasonably fore-
seeable. "
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This is, in my judgment, .the most serious Impact this project leaves this community. Many com-
munity members as well as government agencies have worked for years to preserve the wildlife
and riparian/wetland marsh lands regions of Meadow Creek and the Pismo Marshes. This incredi-
ble "area has been set aside and maintained by a uniting of our entire regional community. The
springs that feed this incredible territory stem from the P.U.D. 01-001 Project riparianlwetland lo- R
cation, identified by the U.S. Geological map as a "blue line" seasonal creek. If anything damages
this riparian/wetland are~ or if damage comes to the spring t}:tat feeds it, this will do huge and
permanent damage to the entire region of .wetland/riparian we ?ave already decided, as a larger
community, to save.
~ Homes must not be built on or near this stream or the wetland/riparian portion of this land. Da.71l-
age must not spill over to this stream or to its banks, or to the portion of land that homes the wild-
life and rare vegetation that live within it. This impact will be serious and irreparable to our com-
munity as well as to our neighboring communities. This is not just one of those "environmental
arguments" that go on and on. Thisis serious. This is worth fighting for.
We, in America, have criticized our neighboring continents for their continuous ravaging of their
natural resources. The rain forest is an easy example. I understand that this project seems to be so
miniscule next to an entire destruction of Rain Forest. But this does not mean it does not have
value. This is the same situation, only on a smaller scale. We have crea~s and plant life grow-
ing in abundance here that will be ,lost forever. Would this impact be worth an addition of more
homes? I believe it is the responsibility of this builder as well as this community to protect what
we have. as well as to build responsibly. Some of our city areas can easily maintain homes. often
even a higher.density. This area'simply cannot.
If the construction of homes is to be built at this location, they must not encroach on this vital area.
The only acceptable compromise is to limit the amount of homes built to a number this land can
sustain. Limit the number of homes to areas that do not encroach in anyway on the ripar-
ian/wetland and stream area. Plan for an allowance of buffer between construction SJ?d this sensi-
tive habitat area in order to preserve and protect what is there. Enfor~ all ~tigatioDS to the full-
est extent and provide for continuance of protection once a project has been completed.
i~~r..;:! r~n.€r [Jra[-t S.:tI3Sq;.i::o!). EiF: :~~:-n;nl=:;ts F.tJ.U. ~..UC:"i 7
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Vesting Tentative Tract Map and P.U.D. 01-001 Subsequent EIR
Final E~v.l~nmental Impact Report
Letter 8
COMMENTOR: Nand Parker, Citizen, City of Arroyo Grande
DATE: April 7, 2003
RESPONSES:
Response BA
The commentor's concurrence with several SEIR mitigation measures to reduce project impacts I
on Pismo clarIda is noted.. '.
~ 0,
RespOnSe'BB
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The Calliomia Departme~t5~.f Fish and Game (DFG) and U.S. Fish and Wildlife Service (USFWS)
would maintain oversight of the required mitigation and monitoring plan for impacts on their
jurisdiction, and would ensure the succe~sfuI implementation of the required mitigation. Long-tenn
monitoring of the on-site biological resources would be a responsibility of the Homeowner's
Asso~a~on, under the direction of a qualified biologist, with the oversight of DFG and USFWS.
While the primary goal of the mitigation and monitoring plan is to ensure a viable population and no-
net-loss of Pismo clarkia habitat within the project area, the success of the mitigation and monitoring
plan is speculative, and this goal potentially could not be met. As described in Section 4.2, Biological
&sources, of the Draft SEIR, the implementation of the required mitigation measures would not reduce
impacts to a less than significant level unless avoidance is assured by project alternatives. Therefore,
project impacts on Pismo clarkia would be considered Class I, significant and unavoidable.
Response 8C .
The worker education program would be required to be prepared and conveye~ .by a qualified
biologist.
Response 8D '
The commentor's concurrence with Mitigation AES-l(a) is noted.
Response BE
;
Biological resource impacts related t<;>lighting overspill from the project is discussed in Impact
B-5 in Section 4.2, Biological Resources, of the Draft SEIR. Mitigation Measure B-5(d) requires
specific night lighting standards ~o reduce such impacts to a less than significant level.
Response BF
Noise impacts on sensitive receptors (i.e., peop1e) are described in the previOus 1991 EIR, which
anticipated a build-out density for the Rancho Grande Planned Deve10pment 1.2 of the 1990
General Plan. The implementation of the proposed project would not alter the original p1ans for a
r city of Anoyo Grande
114
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_Vesting Tentative Tract Map and P.U.D. 01-001 Subsequent EIR
Final Environmental Impact Report
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specified number of residential units within Rancho Grande. Traffic generation for the . .
Subdivision would not exceed the original numbers identified in the 1991 EIR. The original noise
~ysis com:p~eted for.th~ 1991 Rancho Grande PD 1.2 EIR included the addition of the proposed
proJect. Additional nOIse Impacts, other than those previously identified, associated with the
proposed project would not be expected due to the overall conformity to the original planned
residential density analyzed in the 1991 EJR. Therefore, no significant noise impacts are expected.
Indirect noise impacts on wildlife are discussed in Impact B-5 in Section 4.2, Biological Resources,
of the Draft SEIR, and would be considered significant but mitigable impacts.
Response 8G
The referenced mitigation language is designed to provide flexibility in the approach to
reducing identified biological resources impacts. . With the implementation of Mitigation
Measure B-2(a}, impacts related to locally and regionally significant vegetation communities
would be reduced to a less than significant level. In addition, obtaiIUng all the required USACE,
CDFG, and RWQCB permi!S}C?r impacts within jurisdictional wetland and riparian areas would
result in no-netwloss of functions and values to riparian/wetland habitats onsite.
Response 8H
Refer to Response 40. The referenced mitigation measure is designed to encourage avoidance
of sensitive habitats through a 25-foot buffer (as designated through current analysis). The area
designated as "Pismo clarIda Mitigation Area" on Figure 4.2wl of the Draft SEIR was designated
as such through mitigation measures for a differentproject and will not be considered
mitigation for the proposed project.
~ Response 81
Long-tenn monitoring of the on-site biological resources will be the responsibility of the
Homeowner's Association, under the direction of a qualified biologist, with the oversight of
DFG and USFWS. Refer to Mitigation Measure B-5(c), which requires ~stributi~II. of a
brochure to educate potential homebuyers and aU HOA members of potential indirect impacts
on sensitive biological resources.
Response 8T
Refer to RespoItSe 8G. The commentor potentially miscons~es the intent of the referenced
mitigation language. The mitigation measure states that, "It is recommended that the applicant
contact these agencies prior to final plan submittal in order to incorporate any additional
requirements into the project desi~~'. This recommendation regards the timing of such
. coordination, and is not intended to imply that such coordination is optional.
Response 8K
The commentor's concurrence with Mitigation Measure B-3(a) is noted.
r City of Arroyo Grande
115
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Vesting Tentative Tract Map and P.U.D. 01-001 Subsequent EIR ; ., . ~. .
Final E~v.l~nmentallmpact Report : .-. ......
.J'~'''~-', :or,:>
Response 8L . -
..
The commentor's concurrence with.the referenced mitigation measures is noted.
Response 8M
Refer to Response 8F.
Response 8N
The commentor, in reference to Impact T-2 of the Draft SEIR, provides the opinion that on-
street parking spaces should not be available due to narrow roads. However, Mitigation
MeasureT-2(a) states that lot developers will be required.to provide a minimum of.two private
off-street spaces per.residential parcel and reasonable provisions for on-site visitor parking. As
such, any off-street parkinZ.Erovisions will be required to conform to City policies including
proper street width for on-street parking.
Response 80
The co~entor.suggests that inJ,pacts resulting from construction noise, as analyzed in Impact
LU-3 of .the Draft SEIR, should be changed from a Gass III (less than significant) to a Class J;I
(significflIlt but mitigable) impact However, construction generated nois~ is temporary in
nature. Implementation of the proposed project was analyzed in the original, 1991 EIR f~rthe
Rancho Grande PD 1.2 (refer to Response 8F). In addition, according to City policy,
construction hours will be confined to daytime hours.
,
Response 8P
Thecommentor provides a brief discussion of the overall importance of cumulative impact
analysis. The commentor's discussion and opinion is noted and will be conside~ed by City
Council prior to any final decision.
Re~80
The commentor identifies several impacts described in the Draft SEIR, but does not provide a
comment regarding them. Therefore no response is necessary.
. .
Response BR
The direct and indirect biological iesources impacts, including impacts on sensitive habitats
and oak tress, of the proposed project are described in detail in Section 4.2, Biological Resources,
of the Draft SEIR.
r City of Arroyo Grande
116 ..,
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-- . --.--
S California Region"al Water Quality CO] A TT ACHMENT 8
Winston H. Hickox Central Coast Region Gray Davis
Secretary for Internet Address: http://www.swrcb.ca.gov/-rwqcb3 Governor
Environmental 895 Aerovista Place, Suite 101, San Luis Obispo, California 93401-7906
Protection Phone (805) 549-3147' FAX (805) 543-0397
April 23, 2003 RECEIVED
Rob Strong, Community Development Director APR 2.1: 2003
City of Arroyo Grande Community Development Director CITY OF ARROYO GRANDE
PO Box 550 COMMUNITY DEVELOPMENT DEPT.
Arroyo Grande, CA 93421
Dear Mr. Strong:
NOTICE OF COMPLETION FOR DRAFT EIR (SCH# 2001081065) VESTING TENTATIVE
TRACT MAP CASE NO. 01-011 AND PLANNED UNIT DEVELOPMENT CASE NO. 01-011,
ARROYO GRANDE, SAN LUIS OBISPO COUNTY
We are responding to the referenced EIR for the proposed development in the Rancho Grande area of
Arroyo Grande. Other developments in the area have had severe erosion problems when construction
activities occurred in conjunction with rainfall. The erosion problems have beeI\ primarily due to erosive
soils, steep terrain, poor planning, and inadequate erosion and sediment controls. Because of the past
problems, we strongly urge the City to specify that the contractor be prohibited ftom beginning
construction without having a Stonn Water Pollution Prevention Plan (SWPPP) that has been reviewed
~ for compliance by this agency. The SWPPP is a requirement of the General Construction Activities Stonn
Water Permit (General Pennit) that mandates the filing of a Notice of Intent (NO!) to comply with the
General Permit when construction activities involve the disturbance of one acre or more of land.
Should you have questions please contact Bruce Paine at (80S) 542-4782.
Sincerely,
f-~J~
Executive Officer
S:IWB/CoastaVStaffIBrucclStormwaterlEIRCommentsTractOl-OO I
California Environmental Protection Agency
0 Recycled Paper .
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..
MINUTE$ ATTACHMENT 9
CITY OF ARROYO GRANDE
PLANNING COMMISSiON
AUGUST 21,2001
PAGE 1 OF 3
CALL TO ORDER
Acting Chair Keen called the regular, meeting of the Planning Commission of the City of
Arroyo Grande to order at 7:00 p.m.
"
ROLL CALL
X Commissioner Brown
X Commissioner Fowler
X Commissioner Guthrie
.X Vice-Chair Keen.
ABSENT Chair Costello
PLEDGE OF ALLEGIANCE
- -
APPROVAL OF MINUTES
The minutes of August 7, 2001 were unanimously approved as written.
ORAL COMMUNICATIONS
Otis Page, 608 Myrtle Street, spoke on two items - water and the character of the
City of Arroyo Grande. He gave the Planning Commission a copy of a water
analysis he had prepared~ He stated that he does not perceive Arroyo Grande as a
rural agricultural community, but as an urban center for the South County.
, WRITTEN COMMUNICATIONS
None
PUBLIC HEARING ITEMS
SCOPING MEETING FOR A SUBSEQUENT ENVIRONMENTAL IMPACT R~PORT
(SEIR); TENTATIVE TRACT MAP CASE NO. 01-001 AND PLANNED UNIT
DEVELOPMENT CASE NO. 01-001; LOCATED AT LA CANADA AND JAMES WAY
IN THE NORTHWEST PORTION OF THE CITY OF ARROYO GRANDE
Ryan Foster, Assistant Planner, introduced the project giving a brief description.
Public Comment Opened:
Dean Coker, Land Planner, Castlerock Development, described the applicant's plan.
He displayed an architectural rendering of the site for the Commission to view. Mr.
Coker stated that a limited number of homes would be built on largely flat land,
sandwiched between the tributary of Meadow Creek and the hillside lying to the
south. He said that only the base of the hillside would be disturbed and that 64% of
the area would remain as open space.
. ~
, I
!
-
MINUTES .
PLANNING COMMISSION
AUGUST 21, 2001
PAGE 2
Bob Brownson, 653 Asilo, spoke against the project and gave staff and Planning
Commission a copy of his written. comments. He urged that the scope of the
Environmental Impact Report be comprehensive covering all 26.6 acres of the site
including the open space area. Mr. Brownson stated that ECOSLO is representing the
residents and would be submitting written input to the Planning Department on their
behalf within the 30-day public comment period. He referred to two studies that
were done in 1998, one on soils and drainage and another one on biology. Further
concerns were damage to the wetlands and the Chumash midden site remnants I
found on the site by the Environmental Defense Center.
Otis Paae stated that he was also aware there was a Chumash burial site in this area.
Public Comment closed: -
Commissioner Brown asked for clarification on how environmental studies are paid
for.
Kelly Heffernon, Acting Community Development Director, said with any large
environmental document such as an EIR it is the applicant's obligation to put up the
amount of money required for the study plus 15% for City administration costs.
There is a selection criteria the City goes through in choosing the consultant.
Commissioner Fowler asked what the hay bales on the site were for and what
months of the year the stream flows through the site.?
Mr. Brownson said it is a "seasonal creek" that grows instantly active as soon as it
rains.
Mr. Coker said that the bales of hay stored on the project site are for use as erosion
control in preparation of the rainy season.
The Planning Commission concluded that they would like to see a comprehensive
study of all of the environmental issues that had been included in the staff report and
all of the concerns that were previously addressed in the Planning Commission
minutes of August 4, 1998.
NON-PUBLIC HEARING ITEMS
None
DISCUSSION ITEMS
None
, .
9.b.
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG
COMMUNITY DEVELOPMENT DIRECTOR
BY: II t) KELL Y HEFFERNON
~ . 'ASSOCIATE PLANNER
SUBJECT: CONTINUED PUBLIC HEARING - CONSIDERATION OF
RESOLUTION UPHOLDING THE APPEAL AND APPROVING
CONDITIONAL USE PERMIT CASE NO. 03-001; VESTING
TENTATIVE PARCEL MAP CASE NO. 03-001; PLANNED SIGN
PROGRAM CASE NO. 03-001; 1530 EAST GRAND AVENUE;
SANTA LUCIA BANK
DATE: MAY 13, 2003
RECOMMENDATION:
It is recommended the Council adopt the attached resolutions approving Conditional
Use Permit Case No. 03-001, Vesting Tentative Parcel Map Case No. 03-001 and
Planned Sign Program Case No. 03-001 as modified.
FUNDING:
No financial impact to the City.
DISCUSSION:
The City Council considered an appeal of this project on April 22, 2003 and requested
the applicant return with additional information and modifications regarding three
specific items: The walkway design; increased intensity of the retail building; and
architectural design. The applicant has provided the following responses and plan
changes per Council direction:
1. Walkway: A walkway is now shown on the east side of the retail building. A
landscaped planter has been added to' buffer pedestrians from the cars in the
adjacent bypass lane. The walk will be designed to meet ADA requirements for
accessibility. The total width of the drive-up lanes and by-pass lane has been
reduced by roughly six feet (6'). This is shown graphically in the Exhibit as item
11.
2. Increase in Intensity: The applicant's representative, RRM Design Group,
does not recommend increasing the footprint of the adjacent retail building based
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CITY COUNCIL
APPEAL OF CUP 03-001; VTPM 03-001; PSP 03-001
MAY 13, 2003
PAGE 2
on parking requirements. If a food service business locates in the adjacent
building, the parking would not be adequate with the expanded retail. The
applicant has included a spreadsheet that identifies four (4) options with
associated parking requirements (Attachment 1). These options are as follows:
a. Option #1 - 50% Retail/50% Food: Under this option, the building would
be a combination of traditional retail and food (deli, restaurant, coffee
shop, etc.). There would be 3.5 "excess" parking spaces per
Development Code requirements.
b. Option #2 - 100% Food: If the entire building were used for a restaurant,
the parking would be short by 3.6 spaces. The overflow could be
accommodated in the bank parking area under the shared parking
easement proposed for the site.
c. Option #3 - 50% Retail/50% Food + Retail Expansion: This option would
include an expansion of approximately 1,350 square feet of retail to the
north. Under this option, parking would be short by about ten (10) spaces.
d. Option #4 - 100% Food + Retail Expansion: Under this option, the
parking would be short by about seventeen (17) spaces.
3. Architectural Design: The "mission style" design of the building is an
important part of Santa Lucia Bank's identity. The existing buildings in
Atascadero and Santa Maria have similar designs. In an effort to address the
design concerns, the applicant is willing to incorporate darker roof tiles and a
darker building color. Samples will be brought to the hearing. The palm trees
are now removed from the plaza and East Grand Avenue. A 48" box Coast Live
Oak tree will instead be placed in the center of the plaza.
A comprehensive summary of the changes is depicted graphically on the attached
exhibit and summarized below.
1. Pedestrian/Bike Access: Enhanced pedestrian access has been provided by
adding "speed tables" where cross walks cross the drive aisles.
2. Drive-up Window: The outer drive-up lane has been removed. This reduces
the number of lanes from four (4) to three (3) and provides a separate "by-
pass" lane on the outside. The width of the drive-up lanes has been reduced
by roughly six feet (6').
3. Finished Floor: The finished floor of the bank and plaza has been reduced by
one foot (1'). This lowers the finished floor of the bank from 92.0' to 91.0' and
CITY COUNCIL
APPEAL OF CUP 03-001; VTPM 03-001; PSP 03-001
MAY 13, 2003
PAGE 3
the plaza drops from 91.3' to 90.3'. The plaza is now 3.3' above the sidewalk
and the bank is now 3.0' to 4.0' above the walk (see cross sections).
4. Plazas: The elevation of the plaza has been reduced by 1'. As an option, the
upper portion of the wall can be converted to an open rail. The change to the
open rail reduces the visual mass of the wall from the sidewalk and the
overall height of the wall portion drops from about 7' to 3'. This change
shows in both the revised elevation and cross section.
5. Signs: The monument sign will be relocated to the wall on the plaza. The
directional sign will be reduced to approximately twelve (12) square feet (3' x
4') for the sign face and will be placed on a 2' base. The signs on the retail
pad building can return to the Planning Commission for review and approval
when a specific user has been identified.
6. Oak Tree MitiQation: Four (4) oak trees will be located on the bank site. A
specimen tree will be placed in the center of the plaza as a focal element.
7. Palms: The palm trees have been eliminated from the plaza and on East
Grand Avenue.
8. Planter: The planter and plaza sections show a reduction in the mass at,the
street.
9. Potential Plaza Expansion: The retail building shows how a plaza could be
added to the front of the building if the tenant is a restaurant or food oriented
business.
10. Retail Pad Expansion: The attached exhibit identifies where the retail pad
could be expanded. As mentioned above, the applicant's representative does
not recommend expansion based on inadequate potential parking.
11. ADA Path: An accessible path of travel is now provided along the east side of
the retail building, the full depth of the site.
AL TERNA TIVES:
The following alternatives are presented for Council consideration:
1. Uphold the appeal and adopt the attached resolutions approving the project; or
2. Modify the project and adopt the attached resolutions approving the project; or
3. Take tentative action to deny the project applications and direct staff to prepare
the appropriate resolution for City Council action.
CITY COUNCIL
APPEAL OF CUP 03-001; VTPM 03-001; PSP 03-001
MAY 13,2003
PAGE 4
If the Council selects alternative 3, staff will return with the appropriate resolution at a
later meeting.
Attachment:
1. Alternatives analysis spreadsheet - parking requirements.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING VESTING TENTATIVE
PARCEL MAP CASE NO. 03-001, LOCATED AT 1530
EAST GRAND AVENUE, APPLIED FOR BY SANTA LUCIA
BANK
WHEREAS, the applicant, Santa Lucia Bank, has filed Vesting Tentative Parcel
Map 03-001 to subdivide an existing 1.75-acre parcel, located on the northwest comer of
East Grand Avenue and Courtland Street, into two (2) parcels of 47,616 and 28,507
square feet; and
WHEREAS, the City Council of the City of Arroyo Grande has considered Vesting
Tentative Parcel Map Case No. 03-001 at public hearings on April 22, 2003 and May 13,
2003 in accordance with the Development Code of the City of Arroyo Grande; and
WHEREAS, the City Council has found that this project is consistent with the
General Plan and Development Code; and
WHEREAS, the City Council has reviewed this project in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and has determined that a
Mitigated Negative Declaration can be adopted; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing,
the following circumstances exist:
1. The proposed Tentative Parcel Map is consistent with the goals, objectives,
policies, pl~ns, programs, intent, and requirements of the Arroyo Grande General
Plan and the requirements of the Development Code.
2. The design of the Tentative Parcel Map or the proposed improvements are not
likely to cause substantial environmental damage or substantially and avoidably
injury to fish or wildlife or their habitat.
3. The design of the subdivision or proposed improvements is not likely to cause
public health problems.
4. The discharge of waste from the project into an existing community sewer system
will not result in violation of existing requirements as prescribed in Division 7
(commencing with Section 13000) of the California Water Code.
5. Adequate public services and facilities exist or will be provided as a result of the
proposed Tentative Parcel Map to support project development.
RESOLUTION NO.
PAGE 2
6. The site is physically suitable for the type of development that could be permitted
in the GC zoning district.
7. The design of the Tentative Parcel Map or the type of improvements will not
conflict with easements acquired by the public at large for access through, or use
of, property within the proposed Tentative Parcel Map.
Required CEQA Findings:
1. The Gity of Arroyo Grande has prepared an initial study pursuant to Section 15063
of the Guidelines of the California Environmental Quality Act (CEQA), for Vesting
Tentative Parcel Map 03-001.
2. Based on the initial study, a Mitigated Negative Declaration was prepared for
public review. A copy of the Mitigated Negative Declaration and related materials
is located at City Hall in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and considering
the record as a whole, the City Council adopts a negative declaration and finds
that there is no substantial evidence of any significant adverse effect, either
individually or cumulatively on wildlife resources as defined by Section 711.2 of the
Fish and Game Code or on the habitat upon which the wildlife depends as a result
of development of this project. Further, the City Council finds that said Mitigated
Negative Declaration reflects the City's independent judgment and analysis.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Vesting Tentative Parcel Map Case No. 03-001, with the above
findings and subject to the conditions as set forth in Exhibit "A", attached hereto and
incorporated herein by this reference, and instructs the Director of Administrative Services
to file a Notice of Determination with the San Luis Obispo County Clerk.
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this day of May 2003.
RESOLUTION NO.
PAGE 3
TONY M. FERRARA, MAYOR I
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
VESTING TENTATIVE PARCEL MAP CASE NO. 03-001
Santa Lucia Bank
1530 East Grand Avenue
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS:
This approval authorizes the subdivision of a 1.75-acre parcel into two (2) parcels of
47,616 and 28,507 square feet.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of . approval for Vesting Tentative
Parcel Map Case No. 03-001 and Conditional Use Permit No. 03-001.
3. Development shall occur in substantial conformance with the plans presented to
the City Council at their meeting of May 13, 2003 and marked Exhibit "B".
4. This tentative map approval shall automatically expire on May 13, 2005 unless the
final map is recorded or an extension is granted pursuant to Section 16.12.140 of
the Development Code.
5. The applicant shall; as a condition of approval of this tentative or final map
application, defend, indemnify and hold harmless the City of Arroyo Grande, its
present or former agents, officers and employees from any claim, action, or
proceeding against the City, its past or present agents, officers, or employees to
attack, set aside, void, or annul City's approval of this subdivision, which action is
brought within the time period provided for by law. This condition is subject to the
provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
DEVELOPMENT CODE:
6. Development shall conform to the General Commercial (GC) zoning requirements
except as otherwise approved.
7. The developer shall comply with Development Code Chapter 9-4, "Land Divisions".
.8. The developer shall comply with Development Code Chapter 9-14, "Dedications,
Fees and Reservations."
RESOLUTION NO.
PAGE 5
BUILDING AND FIRE DEPARTMENT
9. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
PUBLIC WORKS DEPARTMENT
GENERAL IMPROVEMENT REQUIREMENTS
10. Fees - The applicant shall pay all applicable City fees at the time they are due.
11. Site Maintenance - The developer shall be responsible during construction for
cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project
site. The flushing of debris to storm drain or sanitary sewer facilities shall not be
permitted. The cleaning shall be done after each day's work or as directed by
the Director of Public Works or the Community Development Director.
12. Documents - All easements, abandonments, or similar documents to be
recorded as a document separate from a map, shall be prepared by the
applicant on 8% x 11 inch City standard forms, and shall include legal
descriptions, sketches, closure calculations, and a current preliminary title report.
The applicant shall be responsible for all required fees, including any additional
required City processing.
13. Public Works Improvements - All project improvements shall be designed and
constructed in accordance with City of Arroyo Grande standards and
specifications, except as may be modified by these conditions of approval. The
following improvement plans shall be prepared by a registered Civil Engineer
and approved by the Public Works Department:
a. Grading and drainage
b. Erosion control
c. Street paving, curb, gutter and sidewalk
d. Public utilities
e. Water and sewer
14. Site plan - The site improvement plans shall include the following:
a. The location and size qf all water, sewer, and storm water facilities within
the project site and abutting streets or alleys.
b. The location and size of all sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All parcel lines and easements crossing the property..
e. The location and dimension of all paved areas.
f. The location of all public or private utilities.
g. Retaining wall locations and details.
h. The East Grand Avenue driveway shall be configures as a right-out exit
only facility and shall be signed accordingly.
i
RESOLUTION NO.
PAGE 6
15. Plan sets - Upon approval of the improvement plans, the applicant shall provide
a reproducible mylar set and 3 sets of prints of the improvements for inspection
purposes. Prior to acceptance of the improvements, the applicant shall provide
reproducible mylars, 2 sets of prints of the approved record drawings (as builts)
and electronic (e.g. Autocad) files where available.
16. Improvement agreement - Prior to approval of any improvement plans, the
applicant shall enter into an agreement with the City for inspection of the
required improvements.
PRIOR TO ISSUING A BUILDING PERMIT:
17. Encroachment permits - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY:
18. All project improvements shall be constructed prior to occupancy, except for non-
essential improvements, which may be guaranteed by an agreement and
financial securities as provided for in Section 16.68.070 of the Development
Code.
19. The main parking lot entrance path shall be designed to handle trash truck loads
(TI = 5.0).
20. The driveway entrances shall be constructed with curb returns with a minimum
radius of 15', concrete cross-gutter and spandrels.
21. Parking lots shall be designed with a maximum cross-fall of 5%.
22. Parking lot spaces shall be delineated with double striping.
23. All grading shall be done in accordance with the City Grading Ordinance.
24. A preliminary soils report shall be prepared by a registered Civil Engineer and
supported by adequate test borings. All earthwork design and grading shall be
performed in accordance with the approved soils report.
25. The grading plan design shall include measures to protect the adjacent
structures from damage due to the construction.
DRAINAGE
26. Drainage study - A drainage study shall be performed to determine if the
existing City storm drain facilities are of adequate size to accommodate
RESOLUTION NO.
PAGE 7
additional project flows for a 1 DO-year storm. If the existing facilities are not of
adequate size, the applicant shall install storm drain facilities of adequate size as
determined by the drainage study. The drainage study shall be subject to the
approval of the Director of Public Works.
27. Drainage facilities - All drainage facilities shall be designed to accommodate a
1 DO-year storm flow. Any and all drainage designs are subject to the approval of
the Director of Public Works.
28. Storm drain system - The on-site storm drain system shall be private. All on-
site private drainage structures shall be equipped with a fossil filter and debris
catcher. A regular maintenance and cleaning program for the on-site drainage
facilities shall be implemented by the applicant. Both the filters and the
maintenance program shall be subject to the approval of the director of Public
Works.
29. CMP pipe - the applicant shall replace the corrugated metal pipe (CMP), which
crossed Grand Avenue from the project at the corner of Courtland Street .and
Grand Avenue with same size HOPE pipe. This work may be completed by
others.
30. DI catch basin - The applicant shall remove and replace the existing 01 catch
basin at the corner of Courtland and Grand with a new City standard 01 catch
basin. This work may be completed by others.
WATER
31. Water meters - Each parcel shall have separate water meters. Duplex service
lines shall be u~ed wherever feasible.
32. Water main - The applicant shall replace the existing six inch (6") water main in
Grand Avenue with a new twelve inch (12") main for the entire frontage length
along Grand Avenue. This work may be completed by others.
33. Fire hydrants - The applicant shall install fire hydrants on Grand Avenue and
Courtland Street to comply with City standards for hydrant spacing. Locations of
the hydrants shall be determined by the Director of Public Works. This work may
be completed by others.
34. Abandonments - Existing water services to be abandoned shall be properly
abandoned and capped at the main per the requirements of the Director of
Public Works.
UTILITIES
35. Water and sewer mains - Anyon-site water or sewer main shall be a public
facility. This will require public improvement plans and dedication of a minimum
RESOLUTION NO.
PAGE 8
fifteen-feet (15') wide easement.
36. Sewer lateral - Each parcel shall be provided a separate sewer lateral.
37. Abandonments - Existing sewer laterals to be abandoned shall be properly
abandoned and capped at the main per the requirements of the Director of
Public Works.
38. Sewer crossings - All sewer mains or laterals crossing or parallel to public water
facilities shall be constructed in accordance with California State Health Agency
standards.
39. New Utilities - All new public utilities shall be installed as underground facilities.
Prior to issuing a certificate of occupancy, all utilities shall be operational.
40. Overhead utilities - All existing public overhead utilities which are onsite, and
those within six feet of the side and rear lot lines, and those along the frontage
shall be placed underground. Removal of the utility pole located on the corner of
East Grand Ave. and Courtland St. shall be coordinated with the City's Capital
Improvement Program. The developer is ultimately responsible for removal of
this pole.
41. Utility companies - All improvement plans shall be submitted to the public utility
companies for review and comment. Utility comments shall be fO/warded to the
Director of Public Works for approval.
42. Prior to approval of an improvement plan - The applicant shall enter into an
agreement with the City for inspection of the required improvements.
STREETS
43. Repairs and replacement - The applicant shall replace any cracked or broken
curb, gutter, and sidewalk on the property, and shall replace any abandoned
driveway approaches on the property with new curb, gutter and sidewalk.
44. Courtland Street shall be widened along the property frontage. The
widening shall provide a width of twenty feet (20') from centerline to the face of
curb. The pavement structural section shall be based on a Traffic Index of 6.0.
45. Curb, gutter and sidewalk - The applicant shall install new City standard curb,
gutter, and sidewalk along Courtland Street.
46. Handicapped ramp - The existing wheelchair ramp at Courtland Street and
Grand Avenue shall be removed and replaced with new City standard wheelchair
ramp.
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RESOLUTION NO.
PAGE 9
PRIOR TO RECORDING THE MAP:
47. ' Preliminary Title Report - A current preliminary title report shall be submitted to
the Director of Public Works prior to checking the map.
48. City Benchmark - The applicant shall install new City Benchmark in the vicinity
of the intersection of Courtland Street and East Grand Avenue.
49. Improvements - All subdivision improvements required by th~se conditions shall
be either:
a. Fully constructed and accepted by the City; or
b. Guaranteed by an improvement agreement and financial securities.
The agreement and securities shall be in a form acceptable to the
City.
50. Bonds - The applicant shall provide bonds or other financial security for the
following. All bonds or security shall be in a form acceptable to the City, and
shall be provided prior to recording of the map, unless noted otherwise. The
minimum term of improvement securities shall be. equal to the schedule for
completion of improvements described in the subdivision' agreement.
a. Faithful Performance, 100% of the approved estimated cost of all
subdivision improvements.
b. Labor and Materials, 50% of the approved estimated cost of all
subdivision improvements.
c. One Year Guarantee, 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to
acceptance of the subdivision improvements.
d. Monumentation, 100% of the estimated cost of setting survey
monuments.
e. Tax Certificate - In accordance with Section 16.68.130 of the
Development Code, the applicant shall furnish a certificate from the
tax collector's office indicating that there are no unpaid taxes or
special assessments against the property.
51. Subdivision Agreement - The developer shall enter into a Subdivision
Agreement for the completion and guarantee of improvements required. The
Subdivision Agreement shall be on a form acceptable to the City.
RESOLUTION NO.
PAGE 10
52. Documents - All easements, abandonments, or similar documents to be
recorded as a document separate from the map, shall be prepared by the
applicant on 8%" x 11" City standard forms, and shall include legal descriptions,
sketches, closure calculations, and a current preliminary title report. The
applicant shall be responsible for all required fees, including' any additional
required City processing fees.
53. Recordation - Copies of all recorded documents shall be submitted to the City
on either mylar sheets or 8 %" x 11" archival quality paper.
DEDICATIONS AND EASEMENTS
54. Public Utility Easement - A Public Utility Easement (PUE) shall be dedicated a
minimum of six feet (6') wide adjacent to Courtland Street. The PUE shall be wider
where necessary for the installation or maintenance of the public utility vaults,
pads, or similar facilities.
55. Street Tree Easement - A street tree planting and maintenance easement shall
be dedicated adjacent to Courtland Street right of way. Street tree easements
shall be a minimum often feet (10') beyond the right of way.
56. Private Access and Utility Easements - Private easements shall be reserved on
the map or other document acceptable to the city, for shared access, drainage,
water, and sewer.
57. Public Sewer and Water Easements - Public Water and Sewer Easements shall
be dedicated a minimum of fifteen feet (15') for anyon-site water or sewer mains.
58. Bus Turnout - The developer shall relinquish the easement for the existing East
Grand Avenue bus stop. The developer shall secure a right-of-way easement and
construct the bus turnout at its new location.
I
I
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING PLANNED SIGN
PROGRAM 03-001, APPLIED FOR BY SANTA LUCIA
BANK, FOR PROPERTY LOCATED AT 1530 EAST
GRAND AVENUE
WHEREAS, the City Council of the City of Arroyo Grande has considered Planned Sign
Program 03-001 to install signage for Santa Lucia Bank and the adjacent commercial
property located at 1530 East Grand Avenue; and
WHEREAS, the City Council has held a duly noticed. public hearing on this application in
accordance with the City Code; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearings, the staff report and other information and
documents that are part of the public record; and
WHEREAS, the City Council has reviewed this project in compliance with the California
Environmental Quality Act (CEQA) and has determined that the project is categorically
exempt per CEQA Guidelines Section 15311 (a); and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, that
the following circumstances exist:
1. The proposed signs are consistent with the goals, objectives, policies and
programs of the Arroyo Grande General Plan.
2. The proposed signs conform to applicable development standards and
provisions of the Development Code, and will not be detrimental to the
public health, safety or welfare.
3. The physical location or placement of the signs are compatible with the
surrounding neighborhood and do not pose a safety risk.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Planned Sign Program 03-001, with the above findings and
subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated
herein by this reference.
On motion by Council Member , seconded by Council Member
, and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this day of May 2003.
RESOLUTION NO.
PAGE 2
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY,MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
PAGE 3
EXHIBIT "Au
CONDITIONS OF APPROVAL
PLANNED SIGN PROGRAM 03-001
Santa Lucia Bank
1530 East Grand Avenue
GENERAL CONDITIONS
COMMUNITY DEVELOPMENT DEPARTMENT
This approval authorizes the placement of signage on the Santa Lucia bank building
located at the above location as follows:
Signage Summary
BUILDING WALL SIGNS MONUMENT SIGNS
# of signs sign area # of signs sign area
Santa Lucia 3 primary, 2 Primary - 27 sJ. each
Bank secondary, 1 Secondary - 14 sJ. each
plaza wall sign Plaza Wan Sign - 35 s.f.
Directional Sign 1 12 sJ.
Total 6 144 s.f. 1 12 s.f.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Planned Sign
Program Case 03-001, Conditional Use Permit No. 03-001, and Vesting Tentative
Parcel Map No. 03-001.
3. This application shall automatically expire on May 13, 2005, unless a building
permit is issued. Thirty (30) days prior to the expiration of the approval, the
applicant may apply for an extension of one (1) year from the original date of
expiration.
4. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of May 13, 2003 and marked Exhibits 81-86.
RESOLUTION NO.
PAGE 4
5. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof,
or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attorney's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition.
6. There shall be directional signage for the drive-thru ENTRANCE and the EXITS.
7. Signage for the adjacent commercial building is subject to separate sign
application submittal and approval.
BUILDING AND FIRE DEPARTMENT CONDITION
8. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
9. The applicant shall obtain any necessary permits from the City's Fire and
Building Department, as determined by the Chief Building Inspector.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION,
INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO
FILE A NOTICE OF DETERMINATION, AND APPROVING
CONDITIONAL USE PERMIT CASE NO. 03-001, LOCATED AT 1530
EAST GRAND AVENUE, APPLIED FOR BY SANTA LUCIA BANK
WHEREAS, the City Council of the City of Arroyo Grande has considered an application
for Conditional Use Permit Case No. 03-001, filed by Santa Lucia Bank, to construct a
9,100 square foot bank building with three (3) drive-up lanes and a 5,625 square foot
commercial building; and
WHEREAS, the City Council has held a public hearing on this application in accordance
with the City Code; and
WHEREAS, the City Council has found that this project is consistent with the General
Plan and the environmental documents associated therewith; and
WHEREAS, the City Council has reviewed this project in compliance with the Caiifomia
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande
Rules and Procedures for Implementation of CEQA and has determined that a Mitigated
Negative Declaration can be adopted; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
FINDINGS FOR APPROVAL
Conditional Use Permit Findings:
1. The proposed use is permitted within the General Commercial district pursuant to
Section 16.16.050 of the Development Code, and complies with all applicable
provisions of the Development Code, the goals and objectives of the Arroyo
Grande General Plan, and the development policies and standards of the City.
2. The proposed use will not impair the integrity and character of the district in which
it is to be established or located because the proposed use is similar to
surrounding uses.
3. The site is suitable for the type and intensity of use or development that is
proposed because all the necessary easements, circulation, parking and setbacks
would be provided.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure the public health and safety.
5. The proposed use will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties and improvements in the vicinity because the
proposed project would not create adverse environmental impacts.
RESOLUTION NO.
PAGE 2
Required CEQA Findings:
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063
of the Guidelines of the California Environmental Quality Act (CEQA), for
Conditional Use Permit Case No. 03-001.
2. Based on the initial study, a Mitigated Negative Declaration was prepared for
public review. A copy of the Mitigated Negative Declaration and related materials
is located at City Hall in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and considering
the record as a whole, the City Council adopts a negative declaration and finds
that there is no substantial evidence of any significant adverse effect, either
individually or cumulatively on wildlife resources as defined by Section 711.2 of the
. Fish and Game Code or on the habitat upon which the wildlife depends as a result
of development of this project. Further, the City Council finds that said Mitigated
Negative Declaration reflects the City's independent judgment and analysis.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby adopts a Mitigated Negative Declaration, instructs the Director of
Administrative Services to file a Notice of Determination, and approves Conditional Use
Permit Case No. 03-001, with the above findings and subject to the conditions as set forth
in Exhibit "A", attached hereto and incorporated herein by this reference.
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this day of May 2003.
RESOLUTION NO.
PAGE 3
TONY M. FERRARA, MA VOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
PAGE 4
EXHIBIT" A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 03-001
Santa Lucia Bank
1530 East Grand Avenue
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the construction of a 9,100 square foot, 2-story bank building
with three (3) drive up lanes, and a 5,625 square foot commercial building.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Conditional Use
Permit Case No. 03-001.
3. The applicant shall comply with all conditions of approval for Vesting Tentative
Parcel Map 03-001 and Planned Sign Program 03-001.
4. This application shall automatically expire on May 13, 2005 unless a building
permit is issued. Thirty (30) days prior to the expiration of the approval, the
applicant may apply for an extension of one (1) year from the original date of
expiration.
5. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of May 13, 2003 and marked Exhibits "81 - 810".
6. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof,
or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attorney's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition.
DEVELOPMENT CODE
7. Development shall conform to the General Commercial (GC) zoning requirements
except as otherwise approved.
8. Signage shall be subject to the requirements of Development Code Chapter 16.60
and conditions of approval for Planned Sign Program Case No. 03~001.
RESOLUTION NO.
PAGE 5
9. Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans except as specifically modified by these conditions.
10. All parking spaces adjacent to a wall, fence, or property line shall have a minimum
width of 11 feet.
NOISE
11. Construction shall be limited to between the hours of 8 a.m. and 6 p.m. Monday
through Friday, and between 8a.m. and 5 p.m. on Saturday and Sunday.
LIGHTING
12. All lighting for the site shall be downward directed and shall not create spill or glare
to adjacent properties.
WATER
13. All new construction shall utilize fixtures and designs that minimize water usage.
Such fixtures shall include, but are not limited to, low flow showerheads, water
saving toilets, instant water heaters and hot water recirculating systems. Water
conserving designs and,fixtures shall be installed prior to final occupancy.
SOLID WASTE
14. Solid waste pick-up location as identified is acceptable. Trash enclosures shall be
screened from public view with landscaping or other appropriate screening
materials, and shall be made of masonry or concrete with an exterior finish that
complements the architectural features of the main building. The trash enclosure
area shall accommodate recycling container(s).
15. Trash enclosures shall be reserved exclusively for dumpster and recycling
container storage. Miscellaneous tires, auto parts, boxes, bins, racks, etc., will
not be allowed within the enclosure.
PRIOR TO ISSUING A BUILDING PERMIT:
16. The applicant shall submit an exterior lighting (photometric) plan for parking area
lighting.
17. A landscaping and irrigation plan shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development
Department and the Parks & Recreation Department. The landscaping plan shall
include the following:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
RESOLUTION NO.
PAGE 6
c. The required landscaping and improvements. This includes:
1. Deep root planters shall be included in areas where trees are within five
feet (5') of asphalt or concrete surfaces and curbs;
2. Water conservation practices including the use of low flow heads, drip
irrigation, mulch, gravel, drought tolerant plants and mulches shall be
incorporated into the landscaping plan; and
3. An automated irrigation system.
4. The selection of groundcover plant species shall include native plants.
5. Linear planters shall be provided in the parking area.
6. Street trees shall be a minimum of 24"-box size.
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
18. Development shall comply with Development Code Sections 16.48.070, 'rences,
Walls and Hedges"; 16.48.090, "Lighting"; 16.48.120, "Performance Standards";
and 16.48.130 "Screening Requirements".
19. The developer shall paint a test patch on the building including all colors. The
remainder of the building may not be painted until inspected by the Community
Development Department or Building and Fire Department to verify that colors
are consistent with the approved color board. A 48-hour notice is required for
this inspection.
20. All electrical panel boxes shall be installed inside the building.
ARCHITECTURAL REVIEW COMMITTEE
21. All ducts, meters, air conditioning equipment, and other mechanical equipment,
whether on the ground, on the structure or elsewhere, shall be screened from
public view behind the parapets, or with materials architecturally compatible with
the main structure.
22. Prior to issuance of building permit, the applicant shall submit a color and I
I
materials board for ARC review and approval.
23. A low wall (no greater than 3 feet in height) and low-lying plant material shall be
installed along a portion of the East Grand Avenue frontage to help screen the
drive up lanes. The wall material shall match the smooth stucco surface and color
of the building.
24. There shall either be a landscaped berm or tapered low wall (no higher than 3 feet
tall) along Courtland Street to screen the parking area. The wall material shall
match the smooth stucco surface and color of the building.
25. There shall be directional signage for the drive-thru ENTRANCE and EXITS.
26. There shall be a bulb out at the entrance to the drive-thru to narrow the entrance.
I
RESOLUTION NO.
PAGE 7
PARKS AND RECREATION DEPARTMENT CONDITIONS
27. The applicant shall comply with the provisions of Ordinance 521 C.S., the
Community Tree Ordinance.
28. Linear root barriers shall be used at the front of the project to protect the
sidewalks.
29. All street front trees shall be 24-inch box and shall be located a minimum of one
(1) tree for every seventy-five feet (75') of street frontage.
POLICE DEPARTMENT
PRIOR TO ISSUING A BUILDING PERMIT:
30. The applicant shall submit an exterior lighting plan for Police Department approval.
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
31. The applicant shall install a burglar alarm system per Police Department
guidelines, and pay the Police Department alarm permit application fee.
32. The applicant shall post designated fire lanes, per Section 22500.1 of the
California Vehicle Code.
33. The applicant shall post. handicapped parking, per Police Department
requirements.
BUILDING AND FIRE DEPARTMENT
34. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
35. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines, and have a 35-foot minimum inside radius.
36. The project shall have a fire flow that complies with the Unified Fire Code
requirements.
37. The entire site shall be ADA accessible.
38. Note that some fee credits are due from previously issued demolition permit.
PRIOR TO ISSUING A BUILDING PERMIT:
39. The applicant shall show proof of properly abandoning all non-conforming items
such as .septic tanks, wells, underground piping and other undesirable conditions.
RESOLUTION NO.
PAGE 8
40. County Health Department approval is required for food service occupancies.
PRIOR TO BRINGING COMUST ABLES ON SITE:
41. Fire hydrants shall be installed, per Fire Department and Public Works Department
standards.
PRIOR TO OCCUPANCY:
42. The applicant shall post designated fire lanes, per Section 22500.1 of the
California Vehicle Code.
43. The applicant must provide an approved "security key vault" per Building and Fire
Department guidelines.
44. All buildings must be fully sprinklered per Building and Fire guidelines.
45. The applicant shall install opticom traffic signal pre-emption device at an
intersection to be selected by the Fire Chief. The cost of the opticom device
shall be shared between the subject property and the adjacent senior housing
development project to the north. This cost shall be split on a per square foot
basis in accordance with the existing recorded CC&Rs for the two properties.
PUBLIC WORKS DEPARTMENT
GENERAL IMPROVEMENT REQUIREMENTS
46. Fees - The applicant shall pay all applicable City fees at the time they are due.
(For your information, the "Procedure for Protesting Fees, Dedications,
Reservations or Exactions" is provided below).
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A) Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1 ) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of ~
the following information:
RESOLUTION NO.
PAGE 9
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E) The imposition of fees, dedications, reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a specific
development.
47. Site maintenance - The developer shall be responsible during construction for
cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project
site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall
not be permitted. The cleaning shall be done after each day's work or as
directed by the Director of Public Works.
48. Encroachment Permit - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way.
49. Grading - All grading shall be done in accordance with the City Grading
Ordinance.
PRIOR TO ISSUING A BUILDING PERMIT:
50. No building permit shall be issued until the Final Parcel Map (TPM 03-001) has
been recorded.
RESOLUTION NO.
PAGE 10
51. Prior to acceptance of the improvements, the applicant shall provide reproducible
mylars, 2 sets of prints of the approved record drawings (as builts) and electronic
(e.g. Autocad) files where available.
52. The applicant shall provide a supplement to the "East Grand Avenue/Courtland
Street Commercial Development Traffic Analysis Report" by Higgins Associates
dated January 24, 2002 addressing the alternative driveway access location
along Courtland Street.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY:
53. All project improvements shall be constructed prior to occupancy, except for
nonessential improvements, which may be guaranteed by an agreement and
financial securities as provided for in Section 16.68.070 of the Development
Code.
54. All public utilities shall be operational.
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall
be monitored by the appropriate City department or responsible agency. The applicant
shall be responsible for verification in writing by the monitoring department or
agency that the mitigation measures have been implemented.
Mitigation Measures:
MITIGATION MEASURES
1. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
Implement an individual water program that utilizes fixtures and designs
that minimize water usage. The calculations shall be submitted to the
Director of Public Works for review and approval. The proposed individual
water program shall be submitted to the City for approval prior to
implementation; or, pay the in lieu fee.
Monitoring: Review of individual water program or payment
of the in lieu fee
Responsible Dept: Public Works Department .
Timeframe: Prior to issuance of building permit
2. All new construction shall utilize fixtures and designs that minimize water usage.
Such fixtures shall include, but are not limited to, water saving toilets, instant water
heaters and hot water recirculating systems. Water conserving designs and
fixtures shall be installed prior to final occupancy.
RESOLUTION NO.
PAGE 11
Monitoring: Review of building plans
Responsible Dept: Building and Fire Department
Timeframe: Prior to issuance of building permit
3. All landscaping shall be consistent with water conservation practices including
the use of drought tolerant landscaping, drip irrigation, and mulch. To the
greatest extent possible, lawn areas and areas requiring spray irrigation shall be
minimized.
Monitoring: Review of landscaping and irrigation plans
Responsible Dept: Parks & Recreation Department
Timeframe: Prior to issuance of building permit
4. The applicant shall provide detailed drainage calculations indicating that increased
run-off can be accommodated by existing facilities and/or provide on-site retention
basins to the satisfaction of the Director of Public Works.
Monitoring: Review of grading plans
Responsible Department: Public Works Department
Timeframe: Prior to issuance of a grading permit
5. All runoff water from impervious areas shall be conveyed through impervious
conduits to existing storm drain facilities. A drainage plan, which incorporates the
above, shall be submitted to the City prior to the issuance of any permits.
Monitoring: Review of drainage/grading plans
Responsible Department: Public Works Department
Timeframe: Prior to issuance of a grading permit
6. Provide one (1) bicycle parking space for every ten (10) commercial car parking
spaces. With 80 parking spaces proposed, eight (8) bicycle parking spaces are
required.
Monitoring: Review of improvement plans
Responsible Depts: Public Works and Community
Development Departments
Timeframe: Prior to issuance of building permit
7. During construction, water trucks or sprinkler systems shall be used to keep all
areas of vehiqle movement damp enough to prevent dust from leaving the site.
At a minimum, this would include wetting down such areas in the later morning
and after work is completed for the day and whenever wind exceeds 15 miles per
hour.
8. Soil stockpiled for more than two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation.
-~..._-~
RESOLUTION NO.
PAGE 12
9. Permanent dust control measures identified in the revegetation and landscape
plans should be implemented as soon as possible following completion of any
soil disturbing activities.
10. Exposed ground areas that are planned to be reworked at dates greater than
one month after initial grading should be sown with fast-germinating native grass
seed and watered until vegetation is established.
11. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance with CVC Section 23114.
12. All roadways, driveways, sidewalks, etc. to be paved should be completed as
soon as possible. In addition, building pads should be laid as soon as possible
after grading unless seeding or soil binders are used.
13. Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site.
14. Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads.
For Mitigation Measures No.7 -14:
Monitoring: Review of grading and building plans and site
inspections.
Responsible Depts: Public Works and Building & Fire Departments I
shall inspect plans and spot check in the field I
Timeframe: Prior to issuance of a grading permit and during
construction
15. The applicant shall pay the City's Traffic and Signalization Impact fee prior to
issuance of building permit.
Monitoring: The applicant shall pay the fee.
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of building permit
16. The applicant shall pay the City's Transportation Facilities Impact fee.
Monitoring: The applicant shall pay the fee.
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of building permit
17. The project shall continue to provide a separate southbound left/through lane and
right turn lane on Courtland Street at East Grand Avenue. This will require
continued parking prohibition using regulatory signs and/or red curb painting from
RESOLUTION NO.
PAGE 13
East Grand Avenue to the project southerly driveway along the west side of
Courtland Street.
Monitoring: The applicant shall install the improvements
Responsible Department: Public Works Department
Timeframe: Prior to recording the map
18. The developer shall plant four (4) 48" box Coast Live Oak trees on the project site
as mitigation for removing the existing 24" diameter Coast Live Oak tree.
Monitoring: Field inspection.
Responsible Dept: Parks & Recreation, Community Development
Timeframe: Prior to issuing a certificate of occupancy
19. All construction equipment shall be provided with well-maintained, functional
mufflers to limit noise.
20. All construction activities shall comply with the time limits specified by the Arroyo
Grande Municipal Code.
21. To the greatest extent possible, grading and/or excavation operations at portions
of the site bordering developed areas should occur during the middle of the day
to minimize the potential for disturbance of neighboring noise sensitive uses.
For Mitigation Measures No. 21 - 23:
Monitoring: Notes shall be placed on the construction plans
referencing the above measures.
Responsible Dept: Public Works Department
Timeframe: During construction
22. The applicant shall pay the project's proportional share of the sewer impact fees.
Monitoring: The applicant shall pay the required fee.
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of building permit
23. The following note shall be placed on the grading and improvement plans for the
project:
"In the event that during grading, construction or development of the project,
archeological resources are uncovered, all work shall be halted until the I
!
significance of the resources are determined. If human remains (burials) are I
encountered, the County Coroner (781-4513) shall be contacted immediately. The I
applicant may be required to provide archaeological studies and/or additional I
mitigation measures as required by the California Environmental Quality Act if
I
archaeological resources are found on the site." r.
RESOLUTION NO.
PAGE 14
Monitoring: Review of grading plans and site visits by the
Public Works Inspector
Responsible Depts: Public Works and Building & Fire Departments
Timeframe: Prior to issuance of a grading permit and during
site grading
,
!
I
Parking Alternatives A TT ACHMENT 1
Santa Lucia Bank
rrotal Parking Provided
Standard Spaces Spaces Ratio Provided Excess
Use Area (s.t.) (spaces/1000 s.f.) Required Provided (spaces/1000 s.f.) (Need)
Bank 9,100 4 36.4 45 4.9 8.6
Retail 5.625 4 22.5 33 5.9 10,5
rrotals 14,725 nla 58.9 78 5.3 19.1
Retail Option #1 . 50% Reta11/50% Food
Standard Spaces Spaces Ratio Provided Excess
Use Area (s.f.) (spaces/1000 s.t.) Required Provided (spaces/1000 s.t.) (Need)
Retail 2,812 4 11.2 12 4.3 0.8
Food 2,813 10 18.3 21 7.5 2.7
Totals 5;625 nla 29.5 33 5.9 3.5
Retail Option #2 . 100% Food
Standard Spaces Spaces Ratio Provided Excess
Use Area (s.t.) (spaces/1000 s.f.) Required Provided (spaces/1000 s.f.) (Need)
Food 5,625 10 36.6 33 5.9 (3.6)
Totals 5,625 nla 36.6 33 5.9 (3.6)
Retail Option #3 . 50% Reta1l/50% Food + Retail Expansion
Standard Spaces Spaces Ratio Provided Excess
Use Area (s.f.) (spaces/1000 s.f.) Required Provided (spaces/1000 s.t.) (Need)
Retail 2,812 4 11.2 12 4.3 0.8
Food 2,813 10 18.3 13 4.6 (5.3)
Extra Retail 1,350 4 5.4 0 nla (5.4)
~otals 6,975 nla 34.9 25 3.6 (9.9)
Retail Option #4 . 1 OO~. Food + Retail Expansion
Standard Spaces Spaces Ratio Provided Excess
Use Area (s.f.) (spaces/1000 s.f.) Required Provided (spaces/1000 s.f.) (Need)
Food 5,625 10 36.6 25 4.4 (11.6)
Extra Retail 1,350 4 5.4 0 nla (5.4)
Totals 6,975 nla 42.0 25 3.6 (17.0)
Note: Parking Requirement for Food is 1 space/1000 s.f. of customer area. Calculation assumes 65%
of the area is for customer and 35% is non customer (kitchen, storage, bathrooms, etc.)
The "Spaces Provided" assumes a 2 space loss due to a reduction in pad elevation.
"Extra Retail" assumes an expansion of the Retail Building to the north and a loss of 8 proposed spaces.
Updated: 5/5/03
------. ----- ----...-
11.8.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER rfi6
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING TITLE 13 OF THE
ARROYO GRANDE MUNICIPAL CODE AND RESOLUTION FOR THE
IMPLEMENTATION OF A WATER CONSERVATION PROGRAM AND
AUTHORIZATION TO ADVERTISE NOTICE INVITING BIDS FOR
PLUMBING RETROFITS
DATE: MAY 13, 2003
RECOMMENDATION:
It is recommended the Council:
A. introduce the attached ordinance repealing Sections 13.04.130 and 13.04.170
and adding Chapter 13.05 to the Municipal Code to provide additional water
conservation measures and to comply with State Water Code Section 10632;
B. adopt resolution approving implementation of the procedures set forth in the
Water Conservation Program;
C. authorize the advertisement of the attached Notice Inviting Bids for plumbing
retrofits of single family residential homes within the City of Arroyo Grande as
described in the Water Conservation Program.
FUNDING:
The Water Neutralization Impact fund presently has $746,131 for the implementation of
water conservation measures. It is anticipated that by the end of FY 2004-05 the
available funds will be $1,242,381, excluding future expenditures for the water
conservation program. For development of the Water Conservation Program and
implementation of the preliminary processes associated with Phase I of the Program, an
initial $10,000 was included in the amended FY 2002-03 Capital Improvement Program
budget and $5,000 is proposed for the FY 2003-04 budget. Based on projected
quantities and labor and material costs, it is estimated that the retrofit component of the
Water Conservation Program will cost approximately $275,000 annually for the first
three years.
DISCUSSION:
With the continual growth in water demand, the primary goal of the proposed Water
Conservation Program is to reduce per capita water use to a level that can be
maintained at the General Plan build out population. Additionally, Section 10632 of the
State Water Code specifies components required for Urban Water Management Plans,
-- -----.---
.
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY
MUNICIPAL CODE AND RESOLUTION FOR THE IMPLEMENTATION OF WATER
CONSERVATION PROGRAM AND AUTHORIZATION TO ADVERTISE NOTICE
INVITING BIDS FOR PLUMBING RETROFITS
MAY 13, 2003
PAGE 2
all of which will be addressed through adoption of the proposed amendments to the
Municipal Code and implementation of the Water Conservation Program. The specific
components required by the State Water Code are contained in the attached Water
Conservation Program. The program will be implemented in two phases as discussed
below.
Phase I - BuildinQ Retrofits & Water ShortaQe ContinQency Analysis
Phase I will include the implementation of a plumbing retrofit program of single family
residential homes. Based on the California State Plumbing Code requirement that all
houses built since 1985 have water efficient plumbing fixtures, houses built prior to 1985
will be targeted for the retrofit program. Such a retrofit will be free of cost to the water
customer.
Implementation of the plumbing retrofit component will begin with the City issuing a
Notice Inviting Bids for an ongoing contract consisting of materials and labor to install
the following plumbing fixtures: 1.6 gallon ultra-low-flow toilet, 2.0 gallon per minute
(gpm) indoor faucet aerator, and 2.5 gpm showerhead. The contract will also include
checking and adjusting or installing new pressure regulators not to exceed 80 pounds
per square inch (psi) where applicable. The bid invitation will request a fixed cost per
type of fixture installed. The fixed price will include materials and labor, as well as
proper disposal of replaced fixtures.
Upon award of the plumbing contract, the City will mail notification of the retrofit
program to selected homes. The mailer will include contact information for requesting a
retrofit. Retrofit requests will be directed to the City's Corporation Yard. The request
will then be faxed to the contract plumber, who will be responsible for scheduling an
appointment with the customer to perform the retrofit.
Upon completion of a retrofit, the plumber will notify the City Corporation Yard via faxed
or mailed notice of completed work signed by the plumber and the homeowner. The
Code Enforcement Officer will then perform random verifications of such work. Forms
to be used for such notices, as well as frequency and format of invoicing for completed
work, should be agreed upon by the plumber and the City prior to commencement of
work.
Concurrent with the plumbing retrofit component, the City will complete a Water
Shortage Contingency Analysis as defined by State Water Code Section 10632. The
analysis will identify fiscal impacts of a water shortage up to a 50 percent reduction in
water supply and possible solutions. The City expects to complete the analysis and
incorporate it into the City's 2005 Urban Water Management Plan Update.
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY
MUNICIPAL CODE AND RESOLUTION FOR THE IMPLEMENTATION OF WATER
CONSERVATION PROGRAM AND AUTHORIZATION TO ADVERTISE NOTICE
INVITING BIDS FOR PLUMBING RETROFITS
MAY 13, 2003
PAGE 3
Phase II - LandscapinQ IrriQation Efficiency
Phase II is anticipated to begin three years after the implementation of the plumbing
retrofit program.
It is estimated that irrigation accounts for approximately 50 - 60 percent of residential
water use. Phase II will focus on encouraging irrigation efficiency. The primary method
employed during this phase will be direct mailings of informational and educational
materials to areas within the City requiring the greatest amount of landscape irrigation.
Mailing materials may include lawn watering guides, troubleshooting handbooks, water
efficient landscaping brochures, and general water saving tips. This component may
also include publishing information in the City's Stagecoach Express newsletter and on
the City's website.
During. Phase II, the City will also use the water billing program to identify top water
users. In addition to mailing suggestions on improving irrigation efficiency specifically to
these users, the City may directly contact these users to offer technical assistance on
lowering their water consumption. The percentage of top water users targeted and the
level of City staff effort devoted to this component will be dependent on available
funding and potential water savings estimated.
Phase II will also introduce active enforcement of the City's Water Conservation Codes.
In addition to meeting requirements of State Water Code Section 10632, the proposed
amendments to the Municipal Code will provide a mechanism for the City to enforce
specific water conservation measures as needed. There are four water supply levels
identifying the percentage of water supply to demand. The water supply level will not be
declared for one year to allow for the implementation of the Water Conservation
Program. At that time, City staff will begin enforcement of the measures in effect for the
declared water supply condition.
Specific details of implementation procedures for each component within the phases are
presented in the attached Water Conservation Program. The program also identifies
optional components including washing machine rebates, irrigation system or
landscaping rebates, retrofitting of the Arroyo Grande District Cemetery with non-
potable water and additional informational and educational materials.
On May 27, 2003, a tiered water rate structure will be presented to the City Council as
part of the rate study currently being performed. The proposed tiered rates result in
increases in water billings to the City's higher water consumers and have been shown
- _._-_.~--- _.~-~_.__.-
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY
MUNICIPAL CODE AND RESOLUTION FOR THE IMPLEMENTATION OF WATER
CONSERVATION PROGRAM AND AUTHORIZATION TO ADVERTISE NOTICE
INVITING BIDS FOR PLUMBING RETROFITS
MA Y13, 2003
PAGE 4
to promote water conservation. One study performed in Tucson, Arizona showed that a
ten..,percent water rate increase resulted in a seven-percent reduction in water use. If a
tiered rate structure is adopted, it would be beneficial to implement it in conjunction with
the water conservation program in order to provide customers with financial assistance
to help reduce water consumption and help avoid the increased rates.
ALTERNATIVES:
The following alternatives are presented for the Council's consideration:
. Approve staffs recommendations;
. Do not approve staffs recommendations;
. Modify as appropriate and approve staffs recommendations; or
. Provide direction to staff.
Attachments:
- Water Conservation Program
- Notice Inviting Bids
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE REPEALING SECTIONS 13.04.130 AND 13.04.170 OF
CHAPTER 13.04 OF TITLE 13 AND ADDING CHAPTER 13.05 OF
PORTIONS OF ARROYO GRANDE MUNICIPAL CODE, TITLE 13,
REGARDING WATER SYSTEM SERVICE AND ADDING CHAPTER
13.05 REGARDING WATER CONSERVATION
WHEREAS, to update the subject code section to comply with California Water Code
Section 10632; and
WHEREAS, to allow for the enforcement of varying water conservation measures as
deemed necessary by the level of the City's water supply condition.
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOllOWS:
SECTION 1: Sections 13.04.130 and 13.04.170 of the Arroyo Grande Municipal Code
are hereby repealed in their entirety and Chapter 13.05 is hereby added, all as shown
in Exhibit A attached hereto and incorporated by this reference as though set forth in
full.
SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such
decision shall not affect the validity of the remaining portion of this Ordinance or any
part thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of
the fact that anyone or more section, subsection, subdivision, paragraph, sentence,
clause or phrase be declared unlawful.
SECTION 3: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the Director of
Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the
Ordinance, the summary with the names of those City Council members voting for and
against the Ordinance shall be published again, and the Director of Administrative
Services/Deputy City Clerk shall post a certified copy of the full text of such adopted
Ordinance. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
ORDINANCE NO.
PAGE TWO
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was passed and adopted this day of ,
2003.
--_._._._.._--_._-~~_._--_...~--~----------~ --~---- ----------
ORDINANCE NO.
PAGE THREE
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
I
----
Exhibit A
Chapter 13.05 is added to the Arroyo Grande Municipal Code to read as follows:
13.05 WATER CONSERVATION
13.05.010 Water supply conditions.
A. The city council shall from time to time adopt resolutions declaring
the level of the city water supply condition, which in turn will
determine the water conservation measures in effect at any particular
time within the city, The four levels of water supply conditions are:
1. Normal water supply condition - defined as consuming 0-90
percent of the annually available water supply;
2. Moderately restricted water supply condition - defined as
consuming 90-95 percent of the annually available water supply;
3. Severely restricted water supply condition - defined as consuming
95-99 percent of the annually available water supply; and
4. Critical water supply condition - defined ,as consuming 100 percent
of the annually available water supply.
B. Upon adoption of the required resolution, the restrictions and
measures identified in this chapter shall take effect immediately.
C. The city council may from time to time adopt resolutions designed
to implement the provisions of this chapter.
13.05.020 Normal water supply conditions.
During normal water supply conditions the following restrictions and
measures shall be in effect:
A. Outdoor water use for washing vehicles, boats, paved surfaces,
buildings and other similar uses shall be attended and have hand-
controlled water devices, typically including spring loaded shutoff
nozzles.
B. Outdoor irrigation resulting in excessive gutter runoff is prohibited.
13.05.030 Moderately restricted water supply conditions.
During moderately restricted water supply conditions the following
restrictions and measures shall be in effect:
A. Outdoor water use for washing vehicles, boats, buildings or other
similar uses shall be attended and have hand-controlled watering
devices, typically including spring-loaded shutoff nozzles.
B. Use of water which results in excessive gutter runoff is prohibited.
C. No water shall be used for cleaning driveways, patios, parking
lots, sidewalks, streets, or other such uses except as found necessary
by the city to protect the public health or safety.
D. Outdoor Irrigation.
1. Outdoor irrigation is prohibited between the hours of ten a.m. and
four p.m.
2. Irrigation of private and public landscaping, turf areas and gardens
is permitted at even-numbered addresses only on Mondays and
Thursdays and at odd-numbered addresses only on Tuesdays and
Fridays. No irrigation of private and public landscaping, turf areas and
gardens is permitted on Wednesdays. Irrigation is permitted at all
addresses on Saturdays and Sundays however, in all cases
customers are directed to use no more water than necessary to
maintain landscaping.
E. Use of potable water for compaction or dust control purposes in
construction activities is prohibited.
13.05.040 Severely restricted water supply conditions.
During severely restricted water supply conditions the following
restrictions and measures shall be in effect:
A. Use of water which results in excessive gutter runoff is prohibited.
B. Outdoor Water Use - Except Irrigation.
1. No water shall be used for cleaning driveways, patios, parking lots,
sidewalks, streets or other such use except where necessary to
protect the public health and safety;
2. Outdoor water use for washing vehicles shall be attended and have
hand-controlled watering devices, typically including spring-loaded
shutoff nozzles,
C. Outdoor Irrigation.
1. Outdoor irrigation is prohibited between the hours of ten a.m. and
four p.m.
2. Irrigation of private and public landscaping, turf areas and gardens
is permitted at even-numbered addresses only on Mondays and
Thursdays and at odd-numbered addresses only on Tuesdays and
Fridays. No irrigation of private and public landscaping, turf areas and
gardens is permitted on Wednesdays. Irrigation is permitted at all
addresses on Saturdays and Sundays however, in all cases
customers are directed to use no more water than necessary to
maintain landscaping.
--- . ---.~_.-
D. Emptying and refilling swimming pools and commercial spas is
prohibited except to prevent structural damage and/or to provide for
the public health and safety.
E. Use of potable water for compaction or dust control purposes in
construction activities is prohibited.
13.05.050 Critical water supply conditions.
In addition to the conditions specified in Section 13.05.040, the
following restrictions and measures shall be in effect during critical
water supply conditions:
A. Outdoor irrigation of private or public landscaping, turf areas and
gardens is prohibited.
B. Outdoor water use for washing vehicles is prohibited except at a
public car wash facility.
The city council may also impose any water-rationing requirements as
it deems appropriate to protect public health, safety, welfare, comfort
and convenience.
13.05.060 Penalties for noncompliance.
A. Violation of any provision of this chapter may result in termination
of water service until such violation is corrected, and until all
appropriate fees and penalties are paid in full and will be subject to
the following administration procedure:
1. Written notice to the alleged offender, including the furnishing of
informational material and advice where appropriate;
2. Recovery of all City staff costs, including overhead, for any second
or greater offense within anyone-year period;
3. Additional civil administrative penalties for any third or greater
offense within anyone year period;
4. The right to appeal first to the utility billing adjustment committee
and then to the city council.
13.05.070 Violation--Penalty.
In addition to, and completely separate from, the civil enforcement
provisions of the ordinance codified in this chapter, any person who
knowingly and willfully violates the provisions of this chapter shall be
guilty of a criminal misdemeanor as provided in the general penalty
provisions of this code. All previous attempts by the city to obtain
compliance by the defendant may be introduced as evidence of the
offender's knowledge and willfulness.
I
RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING IMPLEMENTATION OF
THE PROCEDURES SET FORTH IN THE A TT ACHED
WATER CONSERVATION PROGRAM
WHEREAS, the City of Arroyo Grande requires a reduction in per capita water use in
order to meet water demands at buildout as defined in the City's General Plan; and
WHEREAS, the City's General Plan encourages water conservation among both
agricultural and urban water users; and
WHEREAS, the City's Urban Water Management Plan identifies 16 Best Management
Practices currently implemented by the City that will be enhanced by components
inclucjed in the Water Conservation Program; and
WHEREAS, Section 10632 of the State Water Code requires a Water Shortage
Contingency Analysis as a component of Urban Water Management Plans;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande that:
1. The Water Conservation Program is hereby adopted and ordered filed with the
City Clerk;
2. The Public Works Department is authorized and directed to implement the main
components as detailed in the Water Conservation Program as approved; and,
3. Additional components may be presented by resolution and implemented with
City Council approval of resolution.
On motion of Council Member , seconded by Council
Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
,2003.
.
~_.__.- -'-
RESOLUTION NO.
PAGE 2
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
I
TIMOTHY J. CARMEL, CITY ATTORNEY I
.J
_______..._....__n___..._____ --
City of
Arroyo Grande
\"}\,1; CITY OF
~
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~~~~..
".~...l' ~ ' FO RN I~..) "4
-t-"/?.<:Q~~-.....::::-f~
Water Conservation Program
Adopted May 13, 2003
--- - -------------- -_.----
City of Arroyo Grande Water Conservation Program
Purpose
Currently, Section V of Arroyo Grande's Urban Water Management Plan includes 16
Best Management Practices (BMPs) identifying measures currently in place for overall
water conservation. The intent of this Water Conservation Program is to supplement the
BMPs already practiced by the City in an effort to further reduce the per capita water
usage.
Goals
To continue to meet water supply needs up to the City's General Plan build out
requirements, the long-term goal of the program is to reduce per capita water use. The
intent is to establish a program that will meet this goal via voluntary conservation
measures.
Discussion
The City currently has a "water neutralization" environmental mitigation measure that
may require developers to perform retrofits to offset water use anticipated by the
proposed development. In lieu of retrofitting, developers can provide funding to the City
to be used for water conservation efforts. The existing funds provided by this mitigation
measure wi!1 allow for the implementation of this program. Future funds collected will
allow for long-term continuation of the program,
The program is divided into two phases, the first focusing on building retrofitting and the
latter focusing on irrigation efficiency, Phasing the program in this order will result in the
following benefits:
. Because the estimated plumbing retrofit effort can be quantified, partial
completion of Phase I will trigger the commencement of Phase II
. Replacement of plumbing fixtures provides highly reliable water savings and
does not require behavioral changes on behalf of the customer
. Plumbing fixture replacement is relatively inexpensive in comparison to
replacement of landscaping or irrigation systems
. Ability to monitor the effectiveness of each measure independently of one
another.
As previously discussed, the City's water neutralization environmental mitigation
measure has contributed to the plumbing retrofit effort in the City. In June 1997, the
measure resulted in the retrofit of 900 units to provide water neutralization for the Five
Cities Town Center commercial development. Unit values were determined based on a
percentage of water use as compared to a single-family residential toilet. For example,
replacement of one restaurant toilet may equal eight units because of higher frequency
of use. Because this unit value system has promoted developers to focus retrofits on
commercial buildings, most commercial customers already have water efficient plumbing
fixtures. Therefore, this retrofit program will focus on single family residential customers.
Page 1
~-_..._-_...'-'-~~-- . -
City of Arroyo Grande Water Conservation Program
Concurrent with Phase I, the City will prepare a water shortage contingency analysis
consistent with the requirements of State Water Code Section 10632. Specifically, to
comply with the Water Code, the analysis must incorporate the following items:
(a) Stages of action to be undertaken by the City in response to water supply
shortages, including up to a 50 percent reduction in water supply, and an
outline of specific water supply conditions which are applicable to each stage.
(b) An estimate of the minimum water supply available during each of the next
three water years based on the driest three-year historic sequence for the
agency's water supply.
(c) Actions to be undertaken by the City to prepare for, and implement during, a
catastrophic interruption of water supplies including, but not limited to, a
regional power outage, an earthquake, or other disaster.
(d) Additional, mandatory prohibitions against specific water use practices during
water shortages, including, but not limited to, prohibiting the use of potable
water for street cleaning.
(e) Consumption reduction methods in the most restrictive stages. The City may
use any type of consumption reduction methods in its water shortage
contingency analysis that would reduce water use, are appropriate for the
area, and have the ability to achieve a water use reduction consistent with up
to a 50 percent reduction in water supply.
(f) Penalties or charges for excessive use, where applicable.
(g) An analysis of the impacts of each of the actions and conditions described in
subdivisions (a) to (f), inclusive, on the revenues and expenditures of the
urban water supplier, and proposed measures to overcome those impacts,
such as the development of reserves and rate adjustments.
(h) A draft water shortage contingency resolution or ordinance.
(i) A mechanism for determining actual reductions in water use pursuant to the
urban water shortage contingency analysis.
Elements (b) and (d) above are currently addressed by the Urban Water Management
Plan. The proposed amendments to the Municipal will address elements (a), (e), (f), and
(h). Elements (c), (g), and (i) will be addressed through studies performed during Phase
I.
Although it is much more difficult to estimate possible water savings from irrigation
efficiency measures, it remains a critical element that must be addressed in the City's
Water Conservation Program. As discussed in the Urban Water Management Plan,
residential use accounts for 80% of the City's total water consumption. Based on the
portion of this water that later enters the wastewater system, the City estimates that
approximately 60% of the residential water use is for landscaping purposes.
Page 2
-- ----- -------- ____.__._______..__...m..__..__~__.___... ___n___"___.___
City of Arroyo Grande Water Conservation Program
Because of the variety of irrigation systems available and problems that can be present
within a system, wide-scale administration of irrigation improvements would require
resources currently unavailable to the City. To address this critical component of water
use with resources available, the City will focus on providing the public with general
information and education while directing specific efforts at the highest water users.
Program Components
Although the water conservation effort will primarily revolve around the phases
previously mentioned, concurrent processes will occur to evaluate the effectiveness of
the program and address all elements of State Water Code Section 10632. Additionally,
the City will continually research methods employed by other water suppliers to maintain
a successful water conservation program. Some of these methods have been included
as optional measures in this program and may be incorporated at any time at the
request of City Council. If deemed appropriate, additional conservation measures will be
recommended and implemented by resolution. This program classifies current
measures as follows:
Main Components
. Plumbing Retrofit
. Water Shortage Contingency Analysis
. Public Information and Education
. Information System Assessment for Top Water Users
. Enforcement of City's Water Conservation Codes
Optional Components
. Washing Machine Rebates
. Informational Materials
Alternative Components
. Irrigation System or Landscaping Rebates
. Retrofit Cemetery with Non-Potable Water
The steps required to implement each of the current proposed and optional water
conservation components are detailed in this section.
Main Components
Phase I
Plumbing Retrofit:
. The City will issue a Notice Inviting Bids from qualified plumbers for an ongoing
contract consisting of materials and installation of the following plumbing
fixtures: 1.6 gallon ultra-low-flow toilets, 2.0 gallon per minute (gpm) indoor
faucet aerators, 2.5 gpm showerheads. The contract will also include checking
and adjusting or installing pressure regulators in homes with water pressure of
80 pounds per square inch (psi) or greater. The bid invitation will request a unit
price per type of fixture installed. The unit price will include materials and labor
as well as proper disposal of replaced fixtures. The City has obtained cost
Page 3
---'-" ---~"-'-"- .-- ----- ----------------
City of Arroyo Grande Water Conservation Program
estimates for the retrofit fixtures to be used as a basis of comparison for bids
received.
. Based on the California State Plumbing Code requirement that all houses built
since 1985 have water efficient plumbing fixtures, the City has estimated the
location and number of houses that will be targeted for the retrofit program.
Mailers will be sent to these locations in phases with each mailing targeting
approximately 300 to 500 homes. Mailings will occur in intervals appropriate for
maintaining an adequate, not excessive, log of homes to be retrofit. The mailer
will inform water customers of the retrofit program and provide contact
information for requesting a retrofit. The City will maintain records of how many
houses targeted with each mailing have been retrofitted and how many are
scheduled for retrofits. When 90 percent of the targeted homes in the current
mailing have been retrofitted, or an insufficient log of homes awaiting retrofit
exists, another group of homes will be targeted. Once each of the target areas
has received mailers and the majority of the retrofits have been performed, a
final mailing will be sent to all homes estimated to need retrofits that did not
respond to initial mailings.
. Retrofit requests will be directed to the City's Corporation Yard. The request will
then be faxed to the plumber awarded the contract who will be responsible for
scheduling an appointment with the customer to perform the retrofit. Should a
requesting customer's home be equipped with low flow fixtures comparable to
those being provided, no retrofit will be performed.
. Upon completion of a retrofit, the plumber will notify the City Corporation Yard
via a faxed or mailed notice of such work signed by the plumber and the
homeowner. The Code Enforcement Officer will then randomly verify that such
work has been completed. On average, approximately ten-percent of the
retrofits performed will be verified by the City. Forms to be used for notices of
completed work should be in a format agreed upon by the plumber and the City.
. Format and frequency of invoicing should be agreed upon by the City and the
plumber prior to commencement of work.
Water Shortage Contingency Analysis:
To address the requirements of State Water Code Section 10632, the City will perform a
fiscal analysis to identify the impacts of a water shortage up to a 50% reduction in water
supply. The analysis will also identify solutions to such a shortage. City staff will direct
appropriate personnel to carry out such analysis. The City expects to complete the
analysis within the 2003 calendar year. The analysis will be formally incorporated into
the City's 2005 Urban Water Management Plan update.
Phase II
It is anticipated that Phase II will begin three years after the implementation of the
plumbing retrofit program.
Page 4
---.---...--- --~---
City of Arroyo Grande Water Conservation Program
Public Information and Education:
This measure will consist primarily of direct mailings to areas within the City requiring the
greatest amount of landscape maintenance, Because of the larger lots prevalent on the
east side of the City, the mailing effort will be focused in that area. However, mailings
will incorporate certain western neighborhoods in less densely populated areas and
eliminate eastern neighborhoods where irrigation is minimal.
Mailing materials may include lawn watering guides, troubleshooting handbooks, water
efficient landscaping brochures, and general water saving tips. In addition to direct
mailing, these materials may also be available to the public at the City Public Works
Department. Information may also be published in the City's Stagecoach Express
newsletter and on the City's website. Based on experiences of other local Cities,
mailings sent with regular water billings have been least effective. Therefore, any
mailings should be independent of water billings unless such measures are cost
prohibitive.
Irrigation System Assessment for Top Water Users:
By querying data contained in the City's water billing program, the top water users can
be identified. With this information, the City can direct technical assistance efforts at
reducing water use among that particular group. Assistance may include mailing
suggestions on improving irrigation efficiency or direct contact with Public Works staff.
Direct contact with Public Works staff would require proper training of staff on issues
relating to irrigation efficiency. If deemed a cost-effective method of achieving the City's
water conservation goal, the City may request assistance of landscape maintenance
professionals to supplement in advising top water users on possible irrigation
improvements. The percentage of top water users targeted would depend on funding
available and the effort required to water use among these customers.
Enforcement of City's Water Conservation Codes:
With the addition of a specific Water Conservation Chapter to the City's Municipal Code,
City Staff will be able to easily identify any water conservation violations. Staff will
actively issue warnings for water conservation violations and impose appropriate
penalties where necessary, Warnings will consist of door knob hung notifications
informing the occupant of the Municipal Code and the nature of the violation. Record of
such notifications, including violation type, date of violation, and address of violation will
be maintained by the City, which will allow for the identification and penalization of
repeat violators.
Optional Components
Washing Machine Rebates:
LightWash is a program funded by the California Public Utilities Commission (CPUC)
and participating water agencies (administered by Energy Solutions), that offers rebates
for the replacement of washing machines in common use areas including laundromats
and multi-family residential laundry facilities. Energy Solutions provides marketing,
rebate application and review processing, payment processing, quality control and site
inspection services free of charge to the City. The City's involvement in the program
Page 5
~-'-~
City of Arroyo Grande Water Conservation Program
consists of providing a portion of the rebate amount to be combined with a rebate
contribution provided by the CPUC. The CPUC contributes $100 towards rebates on
multi-family residential laundry facility washing machines and $150 towards rebates on
laundromat washing machines.
Implementation of the lightWash program involves the following steps:
. City will enter into a Memorandum of Understanding (MOU) with Energy
Solutions.
. City will deposit funds with Energy Solution equaling the amount of expected
rebates.
Informational Materials:
Although informational materials were discussed as a component of Phase II, they may I
i
be incorporated atany stage of the program. In addition to printed materials listed in the I
Public Information and Education section of this program, the City may provide
information to the public through the City web site, public service announcements, and
paid advertising.
Alternative Components
Irrigation System or Landscaping Rebates:
The City may issue rebates for irrigation system improvements or landscape
modifications such as replacement of sprinkler irrigation with drip irrigation, installation of
rain or moisture sensors, or planting water efficient landscaping. Because of the diverse
nature of irrigation systems and water efficient landscaping, such a rebate program
would involve an extensive effort is determining allowable rebates and administrating the
rebate program. The effort required to implement such a measure exceeds current
available resources.
Retrofit Cemetery with Non-Potable Water:
As identified in BMP 5 of the Urban Water Management Plan, the Arroyo Grande District
Cemetery is the largest irrigation water user in the City at 42 acre-feet per year 2002.
Providing the cemetery with non-potable water from the Soto Sports Complex has been
considered as a possible water conservation measure. Implementation of this
component would require labor and materials associated with installing 3,200 linear feet
of eight-inch piping along Halcyon Road. At an estimated project cost of $275,000, such
a measure would greatly reduce neutralization funds available for the implementation of
other measures.
Success Measurement
Since the program will be implemented in two, nearly consecutive phases, reduction in
water use will be easily attributable to a specific measure. Prior to implementation of
Phase II, the City will assess per capita water use relative to the overall goal and in
comparison to historical data. Depending on the success resulting from Phase I, the
City will determine if additional measures should be employed during Phase II.
Page 6
~_._.._n _..______u_ -' _.._-~---
May 16, 2003
Subject: Formal Bid Request - City of Arroyo Grande Plumbing Retrofit Program
Gentlemen:
The City of Arroyo Grande is inviting bids from licensed plumbers for the City's plumbing
retrofit program.
The attached Contract Documents and Specifications outline the scope of the work and
information on the items to be addressed in the bid.
If your firm is interested in responding, please submit three (3) copies of your bids to:
City of Arroyo Grande
Director of Administrative Services
214 East Branch Street
P.O. Box 550
Arroyo Grande, CA 93421
by 2:00 p.m. on Tuesday, June 17, 2003. Bids delivered by fax will not be considered
or received. The City reserves the right to award or reject all proposals.
If you have any questions, please call the Public Works Department at (805) 473-5440.
Sincerely,
Don Spagnolo, P.E.
Director of Public Works/City Engineer
Attachment: Contract Documents and Specifications
_._~-_.._-- -------- ----- --~
11.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CORRECTION TO TITLE OF ORDINANCE - ITEM 11.a.
DATE: May 13, 2003
Attached is a clerical revision to the title of the proposed Ordinance regarding the Water
Conservation Program.
--
ORDINANCE NO.
-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE REPEALING SECTIONS 13.04.130 AND 13.04.170 OF
CHAPTER 13.04 OF TITLE 13 AND ADDING CHAPTER 13.05
REGARDING WATER CONSERVATION
WHEREAS, to update the subject code section to comply with California Water Code
Section 10632; and
WHEREAS, to allow for the enforcement of varying water conservation measures as
deemed necessary by the level of the City's water supply condition,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOllOWS:
SECTION 1: Sections 13.04,130 and 13.04.170 of the Arroyo Grande Municipal Code
are hereby repealed in their entirety and Chapter 13.05 is hereby added, all as shown in
Exhibit A attached hereto and incorporated by this reference as though set forth in full.
SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such
decision shall not affect the validity of the remaining portion of this Ordinance or any
part thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of
the fact that anyone or more section, subsection, subdivision, paragraph, sentence,
clause or phrase be declared unlawful.
SECTION 3: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the Director of
Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the
Ordinance, the summary with the names of those City Council members voting for and
against the Ordinance shall be published again, and the Director of Administrative
Services/Deputy City Clerk shall post a certified copy of the full text of such adopted
Ordinance. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
ORDINANCE NO.
PAGE TWO
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was passed and adopted this day of ,
2003.
ORDINANCE NO.
PAGE THREE
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY