Agenda Packet 2003-10-28
CITY COUNCIL Cttt of
AGENDA Arroto Gratule
Tony M. Ferrara Mayor
Jim Dickens Mayor Pro Tem Steven Adams City Manager
Thomas A. Runels Council Member Timothy J. Carmel City Attomey
Sandy Lubin Council Member Kelly Wetmore Director, Administrative Services
Joe Costello Council Member
AGENDA SUMMARY
CITY COUNCIL
TUESDAY, OCTOBER 28, 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: KNIGHTS OF COLUMBUS
4. INVOCATION: PASTOR ROBERT BANKER, OPEN DOOR
CHURCH,OCEANO
5. SPECIAL PRESENTATIONS:
5.a. Honorary Proclamation Recognizing October as Disability Achievement Month
6. AGENDA REVIEW:
6.a. Move that all resolutions and ordinances presented tonight be read in title only and
all further readings be waived.
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AGENDA SUMMARY - OCTOBER 28, 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 formal action on
matters not published on the agenda. In response to your comments, the Mayor or
presiding Council Member may:
. Direct City staff to assist or coordinate with you.
. A Council Member may state a desire to meet with you.
. It may be the desire of the Council to place your issue or matter on a
future Council agenda.
Please adhere to the following procedures when addressing the Council:
. Comments should be limited to 3 minutes or less.
. Your comments should be directed to the Council as a whole and not
directed to individual Council members.
. Slanderous, profane or personal remarks against any Council Member or
member of the audience shall not be permitted.
8. CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a group.
The recommendations for each item are noted. Any Council Member may request
that any item be withdrawn from the Consent Agenda to permit discussion or change
the recommended course of action. The City Council may approve the remainder of
the Consent Agenda on one motion.
B.a. Cash Disbursement Ratification (SNODGRASS)
Recommended Action: Approve the listings of cash disbursements for the period
October 1, 2003 - October 15, 2003.
B.b. Consideration of Cash Flow Analysis/Accroval of Interfund Advance from the
Water Facility Fund (SNODGRASS)
Recommended Action: Receive and file the September 2003 cash report and
approve the interfund advance from the Water Facility Fund to cover cash deficits in
other funds at September 30, 2003.
B.c. Consideration of Adiustment to Medical Insurance Benefits for Arrovo Grande
Police Officers' Association (AGPOA) and Arroyo Grande Career Firefighters'
Association (AGCFA) (SNODGRASS)
Recommended Action: 1) Adopt Resolution Establishing the City's Contribution
Toward Health Care Coverage for Members of the AGPOA; and 2) Adopt Resolution
Establishing the City's Contribution Toward Health Care Coverage for Members of
the AGCFA.
B.d. Consideration of Approval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Special and Regular City
Council Meetings of October 14, 2003 as submitted.
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AGENDA SUMMARY - OCTOBER 28, 2003
PAGE 3
8. CONSENT AGENDA (continued):
8.e. Consideration of AdoDtion of Ordinance Amendina. ReDealina and Addina
Provisions to Titles 1. 2. 3 and 16 of the Arroyo Grande MuniciDal Code
(WETMORE)
Recommended Action: Adopt Ordinance.
8.f. Consideration of Award of Bid for Contracted Custodial Services
(HERNANDEZ)
Recommended Action: Award the bid for contract custodial services to Clean
Sweep Janitorial in the amount of $4,134.15 per month, and authorize the Mayor to
execute the Contractor Services Agreement.
8.g. Consideration of AcceDtance of the Branch Mill Road Rehabilitation and
Drainaae ImDrovements Proiect. PW 2003-03 (SPAGNOLO)
Recommended Action: 1) Accept the project improvements as constructed by
Papich Construction Company in accordance with the plans and specifications for
the Branch Mill Road Rehabilitation and Drainage Improvements Project; 2) Direct
staff to file a Notice of Completion; and, 3) Authorize release of retention of
$21,944.36, thirty-five (35) days after the Notice of Completion has been recorded, if
no liens have been filed.
9. PUBLIC HEARINGS:
9.a. Consideration of ADDeal of Viewshed Review Case No. 03-004: 195 N. Elm
Street: S. Accornero (HEFFERNON)
Recommended Action: Adopt Resolution denying the appeal of the Planning
Commission's denial of Viewshed Review Case No. 03-004.
9.b. Consideration of AD Deal of Amended Conditional Use Permit Case No. 03-004:
1220 Farroll Avenue: Coastal Christian School (HEFFERNON)
Recommended Action: Adopt Resolution to deny the appeal of the applicant and
require the placement of two fire hydrants; one located in front of the subject
property and one located within the boundaries of the property between the existing
chapel and sanctuary and the school campus.
9.c. Consideration of DeveloDment Code Amendment Case No. 02-001 and Vestina
Tentative Tract MaD Case No. 02-095: a Pro Dosed Residential Subdivision of
a 29.46-Acre Site into 15 Sinale Family Lots. Two (2) ODen SDace Parcels. and
a 1.28-Acre Parcel for Future DeveloDment of Four (4) Moderate-Income Units
for ProDertv Located within the Royal Oaks Planned DeveloDment: Lot 182 and
Portion of Lot B. Tract 1390- Don McHaney (HEFFERNON)
Recommended Action: 1) Introduce Ordinance amending Ordinance No. 355 C.S.
and approving Development Code Amendment Case No. 02-001; and, 2) Adopt
Resolution approving Vesting Tentative Tract Map 02-005.
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AGENDA SUMMARY - OCTOBER 28, 2003
PAGE 4
9. PUBLIC HEARING ITEMS (continued):
9.d. Consideration of Proposed Resolution Amending the City's Standard Schedule
for Development Impact Fees (SPAGNOLO)
Recommended Action: Adopt Resolution Amending the City's Standard Schedule
for Development Impact Fees to establish a Water Facility Fee for an 8-lnch water
meter.
9.e. Consideration of Proposed Ordinance Repealing Chapters 5.04. 5.08. 5.12.
5.40. 5.48 and 5.76 of Title 5 of the Arroyo Grande Municipal Code and Addina
Thereto a New Chapter 5.02 Regarding Business Licenses (SNODGRASS)
Recommended Action: Introduce Ordinance Repealing Chapters 5.04, 5.08, 5.12,
5.40, 5.48 and 5.76 of Title 5 of the Arroyo Grande Municipal Code and Adding
Thereto a New Chapter 5.02 Regarding Business Licenses.
10. CONTINUED BUSINESS:
None.
11. NEW BUSINESS:
None.
12. CITY COUNCIL REPORTS:
This item gives the Mayor and Council Members the opportunity to present reports to
the other members regarding committees, commissions, boards, or special projects
on which they may be participating.
(a) MAYOR TONY M. FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORT A)
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(3) Integrated Waste Management Authority (lWMA)
(4) Other
(b) MAYOR PRO TEM JIM DICKENS:
(1) South County Youth Coalition
(2) Other
(c) COUNCIL MEMBER THOMAS A. RUNELS:
(1) Zone 3 Water Advisory Board
(2) County Water Resources Advisory Committee (WRAC)
(3) Other
(d) COUNCIL MEMBER SANDY LUBIN:
(1) South County Area Transit (SCAT)
(2) Economic Vitality Corporation (EVC)
(3) Other
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AGENDA SUMMARY - OCTOBER 28, 2003
PAGE 5
12. CITY COUNCIL REPORTS: (continued)
(e) COUNCil MEMBER JOE COSTEllO:
(1) Air Pollution Control District (APCD)
(2) Other
13. CITY COUNCil MEMBER ITEMS:
The following item(s) are placed on the agenda by the Mayor and/or a Council
Member who would like to receive feedback, direct staff to prepare information,
and/or request a formal agenda report be prepared and the item placed on a future
agenda. No formal action can be taken.
a) Discussion regarding Request for Financial Assistance to South San Luis
Obispo County Sanitation District from the San Luis Obispo County Flood
Control and Water Conservation District Zone 1 and 1/A Advisory Committee
(DICKENS)
b) Update regarding plans to schedule public workshops to obtain public
feedback on future land uses on properties in the City's Sphere of Influence
(Frederick and Williams properties) (FERRARA)
14. CITY MANAGER ITEMS:
The following item(s) are placed on the agenda by the City Manager in order to
receive feedback and/or request direction from the Council. No formal action can be
taken.
a) None.
15. COUNCil COMMUNICATIONS:
Correspondence/Comments as presented by the City Council.
16. STAFF COMMUNICATIONS:
Correspondence/Comments as presented by the City Manager.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions. Comments should be limited to those matters that
are within the jurisdiction of the City Council. The Brown Act restricts the Council
from taking formal action on matters not published on the agenda.
18. ADJOURNMENT
AGENDA SUMMARY - OCTOBER 28, 2003
PAGE 6
.........
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.arrovogrande.org
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5.a.
OF
I
/ I I \
'&LI~OR~
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horaf'l ~odamation '1tecogltizi~
()cto6er as g)isa&Uity Acllievemmt ~~
WHEREAS, over 1,200 adults and 900 children with disabilities live in the County of
San Luis Obispo; and
WHEREAS, these residents with physical and mental challenges have made
tremendous strides in the past ten years to live, work, and play in our community
independently; and
WHEREAS, adults with disabilities are earning wages through working in our
communities, which reduces their dependence on governmental funds; and
WHEREAS, adults with disabilities are living in their own homes and apartments and
fully participating in their communities; and
WHEREAS, children with disabilities are participating in classrooms, recreation
programs, and summer camps with their same age peers without disabilities;
WHEREAS, our community has worked hard to remove physical and psychological
barriers to full participation of people with disabilities in our community; and
WHEREAS, the City of Arroyo Grande supports and recognizes the great
advancements of our residents with disabilities towards independence and full
participation in our community.
NOW, THEREFORE, BE IT RESOLVED THAT I, TONY M. FERRARA, Mayor of the City
of Arroyo Grande, on behalf of the City Council, do hereby officially proclaim October
as Disability Achievement Month and October 16th as a day of celebration and
recognition for the achievements of all our residents with disabilities in their efforts
towards independence and full participation in our community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Arroyo Grande to be affixed this 28th day of October 2003.
Tony M. Ferrara, Mayor
8.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES (jj-
BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR ~
SUBJECT: CASH DISBURSEMENT RA TIFICA TION
DATE: OCTOBER 28, 2003
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period October 1- October 15, 2003.
FUNDING:
There is a $725,427.32 fiscal impact. All payments are within the existing budget.
DISCUSSION:
The attached listing represents the cash disbursements required of normal and usual
operations. It is requested that the City Council approve these payments.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
. Approve staffs recommendation;
. Do not approve staffs recommendation;
. Provide direction to staff.
Attachments:
Attachment 1 - Cash Disbursement Listing
Attachment 2 - October 3, 2003 Accounts Payable Check Register
Attachment 3 - October 3, 2003 Payroll Checks and Benefit Checks
Attachment 4 - October 10, 2003 Accounts Payable Check Register
Attachment 5 - October 10, 2003 Accounts Payable Check Register
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A IT ACHMENT 1
CITY OF ARROYO GRANDE
CASH DISBURSEMENTS
?7cn de 1'~ '" (JetJe", 1 7~ (JetJe", 15. 2003
October 28, 2003
Presented are the cash disbursements issued by the Department of Financial Services for
the period October 1 to October 31, 2003. Shown are cash disbursements by week of
occurrence and type of payment.
WEEK. TYPE OF PAYMEN'I' ATIAffiMEN'I' ..AMOUNT
October 3, 2003
Accounts Payable Cks 112464-112557 2 $ 76,721.56
Payroll Checks and Benefit Checks 3 372,817.62
449,539.18
October 10, 2003
Accounts Payable Check - 112572 4 2,934.00
Accounts Payable Cks 112590-112678 5 272,954.14
275,888.14
Two Week Total $ 725.427.32
20 ::> ~
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ATTACHNENT 3
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
09/12/03 - 09/25/03
10/03/03
FUND 010 334,516.01 Salaries Full time 179,250.15
FUND 220 15,126.22 Salaries Part-Time - PPT 26,992.03
FUND 284 4,977.95 Salaries Part-Time - TPT 4,236.51
FUND 612 5,163.64 Salaries Over=nme 12,478.58
FUND 640 13,033.80 Salaries Standby 357.40
372,817.62 Holiday Pay 6,482.96
Sick Pay 8,748.97
Annual Leave By Back -
Vacation Buyback 9,006.07
Sick Leave Buyback 12,528.00
Vacation Pay 6,354.86
Comp Pay 6,871.25
Annual Leave Pay 2,843.30
PERS Retirement 37,368.05
Social Security 19,288.68
PARS Retirement 289.56
State Disability Ins. 1,052.63
Deferred Compensation 750.00
Health Insurance 30,787.51
Dental Insurance 4,400.98
Vision Insurance 1,002.58
Life Insurance 652.55
Long Term Disability -
Uniform Allowance -
Car Allowance 975.00
Council Expense -
Employee Assistance -
Boot Allowance -
Motor Pay 100.00
-
372,817.62
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8.b.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES 9
SUBJECT: CONSIDERATION OF ACCEPTANCE OF CASH FLOW ANALYSIS )
AND APPROVAL OF INTERFUND ADVANCES FROM THE WATER
FACILITY FUND
DATE: OCTOBER 28, 2003
RECOMMENDATION:
It is recommended the City Council:
. Accept the September 2003 cash report,
. Approve the interfund advance of $953,668 from the Water Facility Fund to
cover cash deficits in other funds as of September 30, 2003.
FUNDING:
No outside funding is required.
DISCUSSION:
Revenues in individual funds are earned in uneven amounts during each month of the
year; however, expenses in these funds are paid out in fairly consistent amounts.
These differences cause some funds to have temporary cash deficits while waiting for
revenues to equal expenses.
For investment purposes, the City pools cash in individual funds into one bank account.
Since the City pools the cash of all funds, individual fund shortages are not readily
apparent. However, in reality, funds with excess cash are ''financing'' the shortages in
other funds until revenues equal expenses. This report is prepared to present to the
City Council individual fund shortages and the funds financing those shortages. By
year-end, all funds are expected to.have positive cash balances.
AL TERNA TIVES:
The following alternatives are provided for City Council consideration:
- Approve staff recommendation and accept the annual report;
- Do not approve staff recommendation and decline the annual report;
- Modify as appropriate and approve staff's recommendation;
- Provide direction to staff.
Attachment:
A - Cash Balancellnterfund Advance Report
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ATTACHMENT A
CITY OF ARROYO GRANDE
CASH BALANCE / INTERFUND ADVANCE REPORT
At September 30, 2003
Balance at Recommended Revised
Fund 09/30/03 Advances Balance
010 General Fund 1,573,604 1,573,604
210 Fire Protection Impact Fees 130,934 130,934
212 Police Protection Impact Fees 24,241 24,241
213 Park Development 465,036 465,036
214 Park Improvement 74,653 74,653
215 Recreation Community Center 5,117 5,117
217 Landscape Maintenance 29,774 29,774
220 Street (Gas Tax) Fund 192,458 192,458
221 Traffic Congestion Relief 48,156 48,156
222 Traffic Signalization 425,994 425,994
223 Traffic Circulation 474,716 474,716
224 Transportation Facility Impact 1,767,534 1,767,534
225 Transportation 61,109 61, 1 09
226 Water Neutralization Impact 506,498 506,498
230 Construction Tax 232,865 232,865
231 Drainage Facility 18,428 18,428
232 In-Lieu Affordable Housing 644,577 644,577
241 Lopez Facility Fund 909,196 909,196
250 CDBG Fund 19,496 19,496
271 State COPS Block Grant Fund (21,842) 21,842 0
272 Calif. Law Enf. Technology Grant 24,845 24,845
279 00-01 Fed Local Law Enforcement Grant 5,209 5,209
284 Redevelopment Agency (12,261) 12,261 0
285 Redevelopment Set Aside 67,721 67,721
350 Capital Projects (919,565) 919,565 0
612 Sewer Fund 16,264 16,264
634 Sewer Facility 127,845 127,845
640 Water Fund 2,782,295 2,782,295
641 Lopez 207,776 207,776
642 Water Facility 1,117,283 (953,668) 163,615
751 Downtown Parking 43,363 43,363
760 Sanitation District Fund 50,058 50,058
Total City Wide Cash 11,093,377 0 11,093,377
THE ABOVE LISTING ARE THE CASH BALANCES SHOWN IN THE GENERAL LEDGER
OF THE CITY OF ARROYO GRANDE AS OF SEPTEMBER 30, 2003
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B.c.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES 0
SUBJECT: CONSIDERATION OF ADJUSTMENT TO MEDICAL INSURANCE
BENEFITS FOR ARROYO GRANDE POLICE OFFICERS'
ASSOCIATION ("AGPOA") AND ARROYO GRANDE CAREER
FIREFIGHTERS ASSOCIATION ("AGCFA")
DATE: OCTOBER 28, 2003
RECOMMENDATION:
It is recommended the City Council adopt two (2) separate resolutions amending City
participation in the CalPERS medical insurance program.
FUNDING:
It is estimated the City will save approximately $6,300 for the six remaining months of
FY 2003-04 and the total calendar year cost saving will be up to $12,600. No
adjustment is recommended for the FY 2003-04 budget.
DISCUSSION:
The City provides generous health insurance benefits for its employees by purchasing,
at no cost to the employee, health maintenance organization (HMO) insurance for the
employee, spouse, and family. Additional insurance plans, such as preferred provider
plans (PPO), are available to those employees willing to pay the incremental cost above
that basic HMO plan.
Health insurance costs have escalated at double-digit amounts over the last few years.
This year alone, the HMO health insurance premiums are increasing by almost 18%. In
an effort to share the increasing cost with those that benefit from health insurance
coverage, the employees, cost sharing provisions were incorporated into
Memorandums of Understanding (MOU) with the Arroyo Grande Police Officers'
Association (AGPOA) and the Arroyo Grande Career Firefighters Association (AGCFA).
The two employee groups agreed to pay 25% of the increased premium cost.
The HMO premium increase for 2004 is approximately $48 for single; $96 for employee
+ one; and $125 for family coverage. Of this increase, employees in the two unions will
be paying $12; $24; and $31 respectively for the three health insurance plans.
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CITY COUNCIL
CONSIDERATION OF ADJUSTMENT TO MEDICAL INSURANCE BENEFITS FOR
AGPOA AND AGCFA
OCTOBER 28, 2003
PAGE 2
The City contracts with CalPERS for health insurance coverage. In order to implement
these cost-sharing agreements with CaIPERS, separate resolutions for each employee
group must be adopted. These resolutions are attached for City Council consideration
and approval is respectfully recommended.
AL TERNA TIVES:
The following alternatives are provided for City Council consideration:
- Approve staff's recommendation by adopting the two resolutions;
- Do not approve staff's recommendation;
- Modify and approve staff's recommendation;
- Provide staff direction.
RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ESTABLISHING THE CITY'S
CONTRIBUTION TOWARD HEALTH CARE COVERAGE
FOR MEMBERS OF THE ARROYO GRANDE POLICE
OFFICERS' ASSOCIATION ("AGPOA")
WHEREAS, Government Code Section 22825.6 provides that a local agency
contracting under the Public Employees' Medical and Hospital Care Act shall fix the
amount of the employer's contribution at an amount not less than the amount required
under Section 22825 of the Act; and
WHEREAS, Government Code Section 22857 provides that a contracting agency may
fix the amount of the employer's contribution for employees and the employer's
contribution for annuitants at different amounts provided that the monthly contribution
for annuitants shall be annually increased by an amount not less than 5 percent of the
monthly contribution for employees, until such time as the amounts are equal; and
WHEREAS, The City of Arroyo Grande, hereinafter referred to as Public Agency is a
local agency contracting under the Act for participation by members of the Arroyo
Grande Police Officers' Association (AGPOA).
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DOES HEREBY RESOLVE AS FOLLOWS:
That the employer's contribution for each employee shall be the amount necessary to
pay the full cost of his/her enrollment, including the enrollment of his/her family
members in a health benefits plan up to a maximum of $303.22 with respect to
employee enrolled for self alone, $606.45 for an employee enrolled for self and one
family member, and $788.39 for an employee enrolled for self and two or more family
members, plus administrative fees and Contingency Reserve Fund assessments.
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.
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RESOLUTION NO.
PAGE 2
TONY M. FERRARA, MAYOR
ATTEST:
KELL Y 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
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_ ._ '"..c_,__._,."'._._,.__.".,.".........,....,',..,""""._,......-,.....~..,_.."'...,.... -
RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ESTABLISHING THE CITY'S
CONTRIBUTION TOWARD HEALTH CARE COVERAGE
FOR MEMBERS OF THE ARROYO GRANDE CAREER
FIREFIGHTERS ASSOCIATION ("AGCFA")
WHEREAS, Government Code Section 22825.6 provides that a local agency
contracting under the Public Employees' Medical and Hospital Care Act shall fix the
amount of the employer's contribution at an amount not less than the amount required
under Section 22825 of the Act; and
WHEREAS, Government Code Section 22857 provides that a contracting agency may
fix the amount of the employer's contribution for employees and the employer's
contribution for annuitants at different amounts provided that the monthly contribution
for annuitants shall be annually increased by an amount not less than 5 percent of the
monthly contribution for employees, until such time as the amounts are equal; and
WHEREAS, The City of Arroyo Grande, hereinafter referred to as Public Agency is a
local agency contracting under the Act for participation by members of the Arroyo
Grande Career Firefighters Association (AGCFA).
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DOES HEREBY RESOLVE AS FOLLOWS:
That the employer's contribution for each employee shall be the amount necessary to
pay the full cost of his/her enrollment, including the enrollment of his/her family
members in a health benefits plan up to a maximum of $303.22 with respect to
employee enrolled for self alone, $606.45 for an employee enrolled for self and one
family member, and $788.39 for an employee enrolled for self and two or more family
members, plus administrative fees and Contingency Reserve Fund assessments.
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:
TIMOTHY J. CARMEL, CITY ATTORNEY
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B.d.
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, OCTOBER 14,2003
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 and Lubin,
City Manager Adams, and City Attorney Carmel were present.
2. PUBLIC COMMENT:
None.
(Mayor p'ro Tem Dickens arrived prior to Closed Session.)
3. CITY COUNCIL CLOSED SESSION:
a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government
Code Section 54957:
Title: City Manager
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
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, OCTOBER 14,2003
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
City Council: Council Member Runels, Lubin, Mayor Pro Tem Dickens, and
Mayor Ferrara were present. Council Member Costello was
absent.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of
Administrative Services Wetmore, Director of Public Works
Spagnolo, Director of Parks, Recreation, and F acUities
Hernandez, Associate Planner McClish, and Community
Development Director Strong.
3. FLAG SALUTE
Members of Cub Scout, Webelos Den #8, Pack 425, led the Flag Salute.
4. INVOCATION
Pastor Randy Ouimette, St. John's Lutheran Church, delivered the invocation.
5. SPECIAL PRESENT A TIONS
5.a. Mayor's Commendation Recognizing Marie Cattoir.
Mayor Ferrara presented Marie Cattoir with a Mayor's Commendation in appreciation
of her beautification efforts to restore the historic appearance of the original Texaco
Station at 425 Traffic Way in Arroyo Grande.
6. AGENDA REVIEW
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.
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
None.
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CITY COUNCIL MINUTES
OCTOBER 14, 2003
PAGE 2
8. CONSENT AGENDA
Council Member Lubin moved, and Mayor Pro Tern Dickens seconded the motion to
approve Consent Agenda Items 8.a. through 8.i., with the recommended courses of
action. The motion carried on the following roll-call vote, to wit:
AYES: Lubin, Dickens, Runels, Ferrara
NOES: None
ABSENT: Costello
8.a. Cash Disbursement Ratification.
Action: Approved the listing of cash disbursements for the period September
1, 2003 through September 30, 2003.
8.b. Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of
September 30, 2003.
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special and Regular City Council
Meetings of September 23,2003 as submitted.
8.d. Consideration of Award of Bid .. Terra De Oro Park Playground
Equipment.
Action: Awarded the project to Miracle Recreation Equipment Co. in the
amount of $31 ,837.41.
8.e. Consideration of Lease Agreement for Car Corral Public Parking Area.
Action: Authorized the Mayor to sign the Lease Agreement on behalf of the
City.
8.1. Consideration of Approval of Agreement for Contractor Services
Regarding Tow Services.
Action: Approved the Agreement for Contractor Services regarding tow
services with College Towing South, for two (2) years, beginning October 27,
2003 through October 26, 2005.
8.g. Consideration of Disposal of Surplus Bicycles.
Action: Adopted Resolution No. 3712 declaring the listed bicycles as surplus
for donation to the San Luis Obispo County Sheriffs Office to be refurbished
and donated to needy children.
8.h. Consideration of Acceptance of the Spring 2003 Slurry Seal Project, PW
2003-04.
Action: 1) Accepted the project improvements as constructed by
Intermountain Slurry Seal Inc., in accordance with the plans and specifications
for the Spring 2003 Slurry Seal Project; 2) Directed staff to file a Notice of
Completion; and, 3) Authorized release of retention of $15,773.34, thirty-five
(35) days after the Notice of Completion has been recorded, if no liens have
been filed.
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CITY COUNCIL MINUTES
OCTOBER 14, 2003
PAGE 3
8.i. Consideration of a Resolution Adopting the Updated City of Arroyo
Grande Public Works Standard Plans.
Action: Adopted Resolution No. 3713 updating the City of Arroyo Grande
Public Works Standard Plans.
9. PUBLIC HEARINGS:
9.a. Consideration of Planned Development Revision for Wal-Mart Loading
and Trash Enclosure Modifications.
Community Development Director Strong presented the staff report and
recommended the Council approve Architectural Review Case No. 03-010/Staff
Project Case No. 03-019 for a Planned Development revision for Wal-Mart loading
and trash enclosure modifications located at 1168 West Branch Street.
Mayor Ferrara opened the Public Hearing.
Ray Abdun-Nur, Arroyo Grande, expressed concerns about ongoing code violations
and whether the Police Department would actively enforce the provisions concerning
delivery and loading.
Jolene Duggins, Accounts Payable Clerk for Wal-Mart, stated that she had looked at
the plans and said that Wal-Mart employees have been informed about loading hours
and that an off-site storage facility had been obtained for overflow products. She
provided assurance that the store would comply with all the requirements.
Upon hearing no further public comments, Mayor Ferrara closed the Public Hearing.
Council discussion ensued concerning the enforcement of violations with regard to
deliveries and loading. Staff was requested to develop enforcement contingency
measures regarding loading and delivery issues.
Council Member Lubin moved to approve Architectural Review Case No. 03-0101
Staff Project Case No. 03-019 for a Planned Development revision for Wal-Mart
loading and trash enclosure modifications located at 1168 West Branch Street. Mayor
Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit:
AYES: Lubin, Dickens, Runels, and Ferrara
NOES: None
ABSENT: Costello
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
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CITY COUNCIL MINUTES
OCTOBER 14, 2003
PAGE 4
9.b. Consideration of Proposed Ordinance for Traffic Way and Station Way
Areas Amending the Zoning Map and Arroyo Grande Municipal Code,
including Traffic Way Mixed Use District and Revising Design Guidelines
and Standards for Design Overlay District D-2.11.
Associate Planner McClish presented the staff report and recommended the Council:
1) Open the Public Hearing on the Architectural Review Committee and Planning
Commission recommendations for Development Code Case No. 03-006; 2) Introduce
an Ordinance amending portions of Title 16 of the Arroyo Grande Municipal Code
(Development Code Amendment 03-006), rezoning a portion of the Highway
Commercial, General Commercial and Village Mixed Use Districts to Traffic Way
Mixed Use; and 3) Continue the Public Hearing on the Design Guidelines and
Standards for Design Overlay District D-2.11 to the December 9, 2003 Regular City
Council meeting.
Mayor Ferrara opened the Public Hearing.
Ellen Gaver, Allen Street, expressed concerns regarding the proposed Traffic Way
Mixed Use zoning changes as it relates to her residential property (located next door to
Christianson Chevrolet) and as it relates to lighting, view, noise, property value, traffic,
and parking on Allen Street. She read a prepared statement for the record (on file in the
Administrative Services Department).
Robert Anderson, Arroyo Grande, inquired as to when this process began. He stated
he was in favor of the Mixed Use concept; however, he wished .for additional time for
public input on the proposal.
Upon hearing no further public comments, Mayor Ferrara closed the Public Hearing.
Council discussion ensued with regard to the zoning recommendations and the
proposed continuance of consideration of the Design Guidelines and Standards.
Following clarification by staff conceming the recommended actions, Council Member
Dickens suggested continuing the entire item to December in order to provide the
community with more opportunity for public input.
Mayor Pro Tem Dickens moved to continue the Public Hearing on Development
Code Amendment Case No. 03-006, the introduction of an Ordinance amending
portions of Title 16 of the Arroyo Grande Municipal Code (Development Code
Amendment 03-006), rezoning a portion of the Highway Commercial, General
Commercial and Village Mixed Use Districts to Traffic Way Mixed Use, and the
Design Guidelines and Standards for Design Overlay District D-2.11 to the December
9, 2003 regular City Council Meeting. Mayor Ferrara seconded the motion, and on
the following roll call vote, to wit:
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CITY COUNCIL MINUTES
OCTOBER 14, 2003
PAGE 7
AYES: Dickens, Lubin, Runels, and Ferrara
NOES: None
ABSENT: Costello
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
12. CITY COUNCIL MEMBER ITEMS:
a) Request to agendize discussion, public input and City Council consideration
regarding Diablo Canyon Nuclear Power Plant issues. (FERRARA)
Mayor Ferrara requested the Council consider scheduling a future agenda item for
discussion, public input and Council consideration of Diablo Canyon Nuclear Power
Plant issues. Following discussion, staff was directed to place on a future City
Council agenda a discussion item regarding Diablo Canyon Nuclear Power Plant
issues that directly impact the City. It was further agreed that Mayor Ferrara would
work with staff to identify representatives from appropriate agencies to present the
information, and to request that Police and Fire present the status of disaster
response efforts related to the Plant.
13. CITY MANAGER ITEMS
a) Discussion regarding whether to reschedule or cancel the Regular City
Council Meeting scheduled on Veteran's Day, November 11, 2003.
Following discussion, the Council agreed not to reschedule the November 11, 2003
meeting~ Staff was requested to invite veterans in the community to lead the flag
salute and to participate in a tribute to Veteran's Day.
14. COUNCIL COMMUNICATIONS
None.
15. STAFF COMMUNICATIONS
None.
16. COMMUNITY COMMENTS AND SUGGESTIONS
Steve Ross, Arroyo Grande, commented on the Traffic Way rezoning issue as it
related to automotive uses. He also suggested the installation of blinking crosswalk
lights in the Village to address-visibility and safety issues.
17. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 9:31 p.m.
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CITY COUNCIL MINUTES
OCTOBER 14, 2003
PAGE 8
Tony M. Ferrara, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative Servicesl
Deputy City Clerk
(Approved at CC Meeting )
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8.e.
MEMORANDUM
TO: CITY COUNCIL
FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES ~
SUBJECT: CONSIDERATION OF ADOPTION OF ORDINANCE REPEALING,
AMENDING, AND ADDING PROVISIONS TO TITLES 1, 2, 3 & 16 OF
THE ARROYO GRANDE MUNICIPAL CODE
DATE: OCTOBER 28, 2003
RECOMMENDATION:
It is recommended the City Council adopt the attached Ordinance repealing, amending,
and adding provisions to Titles 1, 2, 3 & 16 of the Arroyo Grande Municipal Code.
FUNDING:
There is no fiscal impact.
DISCUSSION:
The City Council, at its meeting of October 14, 2003, introduced an Ordinance
repealing, amending, and adding provisions to Titles 1, 2, 3 and 16 of the Arroyo
Grande Municipal Code. The Ordinance updates provisions of the Code in order to
make it internally consistent with current City policies, practices, and procedures. It is
recommended the City Council adopt the Ordinance.
AL TERNA TIVES:
The following alternatives are provided for Council consideration:
- Adopt the Ordinance;
- Modify and adopt the Ordinance;
- Do not adopt the Ordinance;
- Provide direction to staff.
----
ORDINANCE NO. -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE REPEALING, AMENDING, AND ADDING PROVISIONS TO
TITLES 1,2,3, AND 16 OF THE ARROYO GRANDE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS
FOLLOWS:
SECTION 1: The following Arroyo Grande Municipal Code Chapters and Sections are
hereby repealed:
A. Repeal Section 2.12.100 - Premises after fires;
B. Repeal Section 2.44.050 - Applicability of personnel rules to certain exempt
positions; Section 2.44.060 - Appointments to the competitive service; Section
2.44.070 - Appointments subiect to chapter provisions; Section 2.44.080 -
Probationary period; Section 2.44.090 - Suspension; Section 2.44.100 -
Demotions, dismissals and reductions in pay; Section 2.44.110 - Disciplinary
action - Appeals; Section 2.44.120 - Abolition of positions; Section 2.44.130 -
Employee incapacitation; Section 2.44.140 - Discrimination; Section 2.44.150
- Contract for special services; and Section 2.44.160 - Appropriation of funds.
C. Repeal Chapter 3.12 - Transfer of Property Tax Assessment and Collection
Duties to County.
D. Repeal Chapter 3.16 - Real Property Transfer Tax.
E. Repeal Section 3.40.040 - Levy of taxes.
F. Repeal Chapter 3.48 - Special ContinQency Reserve Fund.
G. Repeal Section 16.08.060 - PlanninQ commission.
H. Repeal Section 16.08.070 - Architectural review committee.
I. Repeal Section 16.08.090 - Community development director.
SECTION 2: The following Arroyo Grande Municipal Code Chapters and Sections are
hereby amended to read as follows:
A. Amend Section 2.08.120 - ActinQ city manaQer - Bond required.
In order to provide for the performance of his or her duties during his or
her temporary. absence or disability, the city manager shall designate in
writing a qualified administrative officer of the city to so act. 'A'ith the approval
of tho council. In the event of the failure of the city manager to make such
designation, the council shall designate an officer or employee .of the city to
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ORDINANCE NO.
PAGE 2
perform the duties of the city manager until he or she shall return or his or her
disability shall cease.
Any person so designated to act in the absence of the city manager shall
first furnish a bond in the form required of the city manager, unless such
person is a city officer who has already filed a similar bond with the city. The
person designated in accordance with the provisions of this section to act
during the absence or disability of the city manager shall be the acting city
manager and shall exercise all the powers and carry out all the duties of the
city manager. provided, however, no officer or employoo of tho city sh311 be
appointed, removed, promoted, demoted, suspended, or othorwiso disciplinod
by the acting city manager 'Nithout the prior approval of tho council.
B. Amend Section 2.12.080 - Drills and instruction. The fire chief shall, at least
four times each month, provide for suitable drills covering the operation and
handling of all equipment essential for efficient fire department operation. In
addition, instruction in first aid, water supplies, and other related subjects
generally considered essential to good fire suppression and prevention shall
be provided.
c. Amend Section 2.12.120 - Mutualtlllll1D Aid.
The city council is authorized to enter into agreements or contracts with
nearby incorporated communities or governing bodies of other organizations
to provide the members of. such communities or organizations with fire
protection or to establish a mutual~~ii aid system.
D. Amend Chapter 2.16 - Finance Dep3rtment 3nd Fin3nce Diroctor. t:ii~taI
~rlfS'. .. . m'~~~-t~ . .., ,
>,~~~;.~;1f!)'~:~'(1),~(1 '.
E. Amend Section 2.16.010. Created. A finance ~~~~ department is
created and established and shall be subject to the general administrative
direction of the city manager.
F. j\mend Section 2.16.030... Finance. director~rra'n>GJia[IS~1IIEmemt0FAiI
EaQsiti~, ea, ......>;"01: ~1IIR~sil)jUu~'s. The position of finance
n~lfIelq ',,$ di'rector is creafed and established and shall be filled by
appointment of, and serve at the pleasure of, the city manager. The finance
rW-m.~~~ director shall be fully responsible for all the functions and
duties of the finance [~,gJl,~ department as established by state
laws, ordinances, or resolutions.
G. Amend Section 2.16.040. FinanceEiinanclaHf~rWlces director-Financial and
accountinq duties. Pursuant to the provisions of Section 37209 and 40805.5
of the Government Code of the state, all the financial and accounting duties
imposed upon the city clerk by Sections 37201 through 37208 and Sections
40802 through 40805 of said Government Code are transferred to the finance
n~1ID..~~@L~~ director.
H. Amend Chapter 2.20 - Recreation Parks, Recreation, and Facilities
Department.
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ORDINANCE NO.
PAGE 3
I. Amend Section 2.20.010 - Created. The recreation Rarks,.Je.cr~~tion,;arig
,_ "_"_"'_",::" '.,.,. ......__. ": """"":'~ . .,,,:,',~/<(-w.. ...,' :" '-'-""-"~^"''''-'"'V:_<'''''''>'''''''':._''.'''"__'''_',''_, ~ ",." -_"'-"~"_"""""':
f~f.jl!!L~~ department is established for the city.
J. }\r1'leDd~e~ti?n 23o,0~0 - Functions. The functions of the recreation Pc:1Xg~)
r~.9"f~~1igrr~~n11lr~:Sllfties department shall be to provide opportunities" fo'r
wholesome, year-round public recreation services for each age gro~p and to
develop and maintain in an attractive and safe manner the recreation areas,
Pm-:~~j and facilities of the city.
K. Amend Section 2.20:030 - Recreation Parks, recreation, and facilities director
- powers and duties. The recreation g?E~1II?jg;;1~;~ltlm~ director
shall:
a. Attend meetings of the parks and recreation commission and make
such reports to the commission and to the council as shall be required;
b. Recommend to the city administrator ilmh1li required part-time
. personnel, such as assistants, supervisors and leaders;
c. In cooperation with the director of public works, administer,
operate and maintain existing park and recreation areas and
facilities and plan for acquisition, development and operation of the
proposed facilities in accordance with policies approved by the parks
and recreation commission and the council;
d. Inform the general public of the services and facilities being
provided by the mItE~recreation ~ department; .
e. Solicit suggestions from the general public to improve or increase
the effectiveness of the services being provided;
f. Cooperate with governmental and voluntary organizations.and
agencies in the furtherance of recreation opportunities;
g. Prepare manuals, bulletins and reviews on recreation problems;
h. Provide, upon request, assistance of a technical nature to
community agencies and organizations having problems relating to
recreation and park areas and facilities and programs;
i. Counsel with officials of public and private organizations and
interested groups concerning community recreation and leisure
activities and assist them in the promotion of recreation services;
j. Conduct studies of local conditions and needs for recreation
services ~fi[Qfttrp]Q1II!Igm~utrJ] and assist with the
recruitment and training of recreation personnel; aRG
&IPrepare a recreation budget and, 'Nith the cooperation of the
director of public works, a park budget for the approval of the city
r'?::~:":>.":"'B""
manager and the council~1'~&
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1':2"11~~,W1~~Jt~f~~J.~~,~
L. Amend Section 2.24.050(8.) Secretary. The city manager m:m-gflfB.?if\S1~
L.~~~!iQJiI[~.E!.m:~:~ shall appoint a secretary to the commission who shall
maintain accurate minutes of the activities of the commission.
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ORDINANCE NO.
PAGE 4
M. ArT1~nd~~~ti?n ~3B.050(C.) Secretary. The city m3n3ger dirf39tqLqf pc:lrks,
r~\gr~1!Ug,lia~~:g~)tg~Htif3s shall appoint a secretary to the commission who. shall
maintain accurate minutes of the activities of the commission.
N. . Amend Section 3.04.020(F.) The amount claimed if it totals less than ten
thousand dollars ($10,000.00) as of the date of presentation of the claim,
including the estimated amount of any prospective injury, damage or loss,
insofar as it may be known at the time of the presentation of the claim,
together with the basis of computation of the amount claimed. If the amount
claimed exceeds ten thousand dollars ($10,000.00) no dollar amount need be
included in the claim. However, it sh311 indicato whether jurisdiction over the
cl3im 'lIould rest in municipal or superior court.
O. Amend Section 3.0B.020(E.2.) Public Projects of Seventy Five Thousand
Dollars. ($75,000.00) ~n~."lIIig.~~dl~1;199~.~j,~lmQ.~11~ or Less
(Informal Bidding Procedures). Public projects as defined by the Act, of
seventy five thousand dollars ($75,000.00) ~L~g~~(;tQ!~~
~Im:QI~ or less may be let to contract by informal procedures as set
forth in Section 22032, et seq., of the Public Contract Code.
P. Amend Section 3.0B.020(E.3:) Public Projects of More Than Seventy Five
.!hous3nd . Dollars ($75,000.00) ~~_iB~;'I.@.s!l~
t~'wl~:~1Il]!1 (Formal Bidding..Procedures). For all public projects ?f .~or~
~.~~~ .... seventy five .t~ou8~nd dollars. ($75,000.00) _..c!tltlt~QR$]"~
,~l~IILQ), a contract shall be awarded pursuant to a formal
bidding procedure as set forth in the Act, and subject to the exemptions
provided for therein.
a. Amend Section 3.24.020 - Definitions. "Tax administrator" means the Gity
GJefk [~.!t~'';g!1\q!gr.
R. ';"'-y~~~w.)'~~ft*V~:':"'<f,.:':-r'~;:::<:::;"",.,,' "
Amend Chapter 3.40. Capital Outl3YS Fund I[ijPr,~~e'IIIf3i:\t;'~(09Jram.
S. Amend Section 3.40.010. Created. A fund is created for capital outlays for
public improvements irIfBtQ\~~m~ll!itPrgj~m~ pursuant to the provisions of
Sections 53730!~ through 53737 of the Government Code of the state.
T. Amend Section 3.40.020. DesiQnation. Such fund shall be known as the
"Specbl Fund for C3pital Outl3YS C~pit~f!!~~!!gff[~lfi'g!1(f(erp"."
SECTION 3: The following Arroyo Grande Municipal Code Chapters and Sections are
hereby added to read as follows:
A. Add Chapter 2.17 - Community Development Department
2.17.010. Established. The community development department is
established for the city and subject to the administrative direction of the city
manager.
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ORDINANCE NO.
PAGE 5
2.17.020. Community Development Director - Appointment. The position of
community development director is created and established and shall be filled
by appointment of, and serve at the pleasure of, the city manager. The
community development director shall be fully responsible for all the functions
and duties of the community development department as established by state
laws, ordinances, or resolutions.
2.17.030. Functions. Title 16, also known as the "Development Code" shall be
administered by the community development director, whose responsibilities
include the following functions to be carried out either directly or by
subordinate employees under supervision or direction of the community
development director.
A. Powers and Duties.
1. Application Process. All applications for permits, licenses,
and approvals pursuant to Title 16 shall be submitted to the community
development director for processing. The community development director
or his or her designee shall be responsible for:
a. Determination of completeness of applications;
b. Responsibility for completion of appropriate documentation
under the California Environmental Quality Act for permits
issued and actions taken pursuant to the development code;
c. Collection of applicable fees;
d. Establishment of permanent application files;
e~ Po"sting/publication of public notices;
f. Preparation of reports;
g. Processing of appeals; and
h. Presentation of staff reports to the planning commission and
city council.
2. The community development director or his or her designee
shall have the authority to review and approve the following:
a. Temporary use permits;
b. Viewshed review (if planning commission hearing is not
necessary);
c. Minor exceptions;
d. Home occupation permits;
e. Plot plan review;
f. Business license clearance;
g. Administrative sign permits;
h. Minor architectural review;
i. Large family day care permits.
j. Minor use permits (MUP).
B. Interpretation. The community development director or his or her
designee shall have the responsibility to provide information
regarding the provisions and requirements of Title 16 to the public.
C. Coordination. The community development director or his or her
designee shall refer and coordinate matters related to the
administration of Title 16 with other agencies, city departments, and
city boards and commissions, and shall provide information on the
status of development proposals to interested parties.
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ORDINANCE NO.
PAGE 6
B. Add Chapter 2.18 - Planninq commission.
2.18.010. Created. A planning commission in and for the city is established
and created, pursuant to the provisions of Sections 65000 through 65906 of
the Government Code, as now or hereafter amended.
2.18.020. Membership. The commission shall consist of five members, who
shall be qualified electors of the city, but who shall not otherwise be officials
of the city. The mayor and each respective member of the council shall
appoint a representative to the planning commission subject to approval by a
majority of the council. All commission members shall serve at the pleasure of
the council.
2.18.030. Terms of Office. Members of the planning commission shall serve
a term ending the January 31 st following expiration of the term of the
respective appointing mayor or council member. Members of the planning
commission may be removed by a majority vote of the council.
I
2.18.040. Appointments-Vacancies. Vacancies occurring otherwise than by
expiration of term shall be filled in the manner set forth for appointments.
Vacancies shall be filled for the unexpired term only.
2.18.050. Officers. The council delegates to the planning commission the
authority to appoint its own chairperson and vice-chairperson from the
commission membership. The planning department secretary shall act as
secretary to the planning commission. The terms of office of the chairperson
and vice-chairperson shall be established by r~gularly adopted rules and
regulations of the commission.
2.18.060. Absences. Absence from three consecutive regular meetings, or
twenty-five (25) percent of the regular meetings during anyone-year period
beginning in July, without the formal consent of the council, shall constitute
the resignation of such absent member and the position declared vacant.
2.18.070. Meetings. Regular meetings of the planning commission shall be
held the first and third Tuesdays ()f each month at the city council chambers
located at 215 E, Branch Street, Arroyo Grande, during a time established in
its bylaws.
2.18.080. Powers and Duties. The planning commission shall be appointed,
and the members thereof shall have the powers and duties provided for by
Sections 65900 through 65906 of the Government Code, as now or hereafter
amended.
In addition, the planning commission shall have the responsibility to:
1. Investigate and make recommendations to the city council
regarding reasonable and practical means for implementing the
general plan or any element thereof, so that it will serve as an
effective guide for orderly growth and development, preservation
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ORDINANCE NO.
PAGE 7
and conservation of open space and natural resources, and for the
efficient and effective expenditure of public funds relating to the
subjects addressed in the general plan;
2. Provide annual reports to the city council on the status of the
general plan and progress in its implementation;
3. Clarify ambiguities regarding Title 16 as set forth in Section
16.04.050;
4. Review and approve items as set forth in Section 16.08.060;
5. Make recommendations to the City Council on items as set forth in
Section 16.08.060.
C. Add Chapter 2.19 - Architectural review committee.
2.19.010. Created. There is established the Arroyo Grande architectural
review committee, (the "committee"), consisting of five members, who shall be
qualified electors of the city and shall serve without compensation.
2.19.020. Terms of Office. Members of the committee shall be appointed to
serve for a term as specified by resolution of the city council.
2.19.030. Appointments and Vacancies. Appointments for the committee and
the filling of vacancies shall be made in the manner provided by resolution of
the council. Vacancies shall be filled for unexpired terms only. All members of
the committee shall serve at the pleasure of the council.
2.19.040. Qualifications of Committee Members. Qualifications of members of
the committee shall be established by resolution of the city council.
2.19.050. Nonattendance. Absence from three consecutive regular committee
meetings or twenty-five (25) percent of the regular meetings during any one-
year period, without the formal consent of the council, shall constitute the
resignation of such absent member and the position declared vacant.
2.19.060. Rules. The committee shall adopt bylaws, which shall establish
rules, regulations, and procedures to conduct meetings. The bylaws shall
include provisions for selection of a chairperson and vice-chairperson.
2.19.070. Meetinqs. The committee shall hold at least one regular meeting
each month, during a time established in its bylaws; additional meetings may
be scheduled as needed. All the committee meetings shall be held in public at
City Hall, unless otherwise noticed. .
2.19.080. Functions, Duties and Procedures.
1. The function of the committee shall be to make recommendations
to the council, commission and/or community development director
(the "director") regarding the administration of the provisions of Title
16, whenever applicable, in a manner that will:
a. Be consistent with the requirements of the general plan and
of Title 16;
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ORDINANCE NO.
PAGE 8
b. Develop and maintain a pleasant and ha~monious
environment;
c. Promote and enhance real property values;
d. Conserve the city's natural beauty;
e. Preserve and enhance its distinctive visual character;
f. Ensure the orderly and harmonious development of the city;
and
g. Preserve historic structures and neighborhoods.
2. The committee shall prepare, review and recommend appropriate
architectural standards and guidelines, subject to commission and
council approval. Standards and guidelines are to be set forth in
pictorial and/or narrative form and may illustrate undesirable as well
as desirable examples of design. The committee shall periodically
review these standards and guidelines and may make
recommendation for appropriate amendments.
3. The committee shall make itself available to advise and assist the
council, commission and director in the application of its
architectural standards and guidelines to projects during schematic
and development stages.
4. The committee shall < review and make recommendations to the
council, commission and/or director regarding applications for
architectur~1 review and planned sign program review, pursuant to
the development code, unless the committee or the director
certifies that the nature of the work is minor or incidental and need
not be reviewed by the committee. When, in the opinion of the
director, applications for projects other than architectural or sign
review may create an architectural impact contrary to the objective
of Title 16, the committee may review the application prior to the
planning commission and/or city council hearings.
5. The committee shall have the authority to review and approve plans
pursuant to conditions of project approval imposed by the planning
commission or city council.
2.19.090. GuidinQ Purposes in ReviewinQ Proiects. In reviewing projects, the
architectural review committee shall be guided by the following purposes and
intent:
1. To ensure consistency with the general plan and compliance with
the provisions of Title 16;
2. To recognize the interdependence of the land values and
aesthetics and to provide a method by which the city may
implement this interdependence to its benefit and to the benefit of
its individual citizens;
3. To preserve and enhance the beauty and environmental amenities
of the city; and
4. To promote and protect the safety, convenience, comfort,
prosperity, and general welfare of the citizens of the city.
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ORDINANCE NO.
PAGE 9
D. Add Chapter 2.30 - Public Works Department.
2.30.010 Established
The public works department is. established for the city and subject to the
administrative direction of the city manager.
2.aO.020 Functions
The functions of the public works department shall be to serve the city and
the public in providing professional services to design and construct capital
improvement projects, land development review and to maintain the city's
infrastructure for use by residents, businesses, and visitors. The capital
improvement projects division administers the design, construction and
inspection of all publicly funded capital projects, The development
engineering division. ensure all construction in the public right-of-way related
to land development entitlements comply with adopted codes and engineering
standards. Development engineering is. also responsible for all subdivision
processing. The public works department operates and maintains the
equipment, tools, and other resources necessary to construct, operate and
maintain the city's infrastructure. Infrastructure consists of water system,
sewer system, road network, and storm drain system. The public works
department also maintains thetity's vehicle fleet.
2.30.030 Public Works Director ~ Position Created - Appointment - Duties
The position of public works director is created and established and shall be
filled by appointment of, and serve at the pleasure of, the city manager. The
public works director shall be fully responsible for all the functions and duties
of the public works department as established by state laws, ordinances, or
resolutions. The public works director also serves as the city engineer. The
public works director or his or her designee shall:
1. Make recommendations to the city manager, other city personnel,
engineers, supervisors, and maintenance workers regarding
technical issues;
2. Establish limited parking zones, prohibited parking zones and stop
sign locations;
3. Approve final subdivision maps, accept related offers of dedications
and enter into agreements to complete subdivision agreements;
4. Participate and provide technical assistance during times of
emergencies.
E. Add Chapter 2.34 - Police Department.
2.34.010 Established
The police department and the office of the chief of police is created and
established. The chief of police shall be appointed or removed by the city
manager with the concurrence and confirmation of the city council.
2.34.020 Responsibility and Authority
The responsibility of the police department is to maintain the peace within the
city; the enforcement in the city of all laws of the United States, the State of
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ORDINANCE NO.
PAGE 10
California, and ordinances of the city, except when such enforcement is by
law made the responsibility of another department, or when such enforcement
is the sole responsibility of a State or Federal agency or officer; and to
perform other public safety related services as necessary. The chief of police
and police officers of the police department are peace officers pursuant to
California Penal Code Section 830.1 and/or other applicable State law, and
shall have all the powers and authority granted to such peace officers and
shall be entitled to the same protections as provided by law.
2.34.030 Authority, Chief of Police
As set forth in California Government Code Section 38630(a), the police
department is under the control and direction of the chief of police. The chief
of police shall, in the lawful exercise of his/her duties, have all the powers and
authority that are now and hereafter may be conferred upon the chief of police
by the laws of the State of California and shall be entitled to the same
protection, including that specified in California Government Code Section
41601 .
2.34.040 Duties and Responsibilities, Chief of Police
The chief of police will organize, administer and maintain the police
department. The chief of police is responsible for the supervision and control
of all functions and components of the police department and for the
performance of those functions therein. In executing these responsibilities,
the chief of police has the authority to establish organizational goals and
objectives, and to develop and implement policies, procedures, rules and
regulations for the administration and operation of the police department,
including the fixing of duties, responsibilities and authority, setting standards
for performance, establishing rules of conduct and discipline, establishing
standards for and designating uniforms and equipment, regulating the use of
discretion, deployment of personnel, establishing standards for the training
and development of personnel, prescribing penalties for violations for any
such rules and regulations and providing for their enforcement, and the
implementation of other such policies, procedures, rules and regulations as
he/she deems necessary.
2.34.050 Supervision, Chief of Police
The city manager shall be the immediate supervisor of the chief of police, and
all policies, directives, and orders to the chief of police shall be made by or
transmitted through the city manager.
2.34.060 Personnel
The police department shall consist of the chief of police and such
subordinate police officers and other personnel as recommended by.the chief
of police and authorized by the city council. All subordinate personnel are
responsible to and subject to the orders of the chief of police, either directly or
through the established chain-ot-command and shall be subject to call by the
chief of police, or his/her designee, at any time during the day or night.
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ORDINANCE NO.
PAGE 11
F. Add Section 16.08.060 - Planninq commission review.
1. The planning commission will review and approve the following:
a. Conditional use permits,
b. Surface mining permits,
c. Variances,
d. Tentative maps,
e. Vesting tentative maps,
f. Lot line adjustments,
g. Lot mergers,
h. Reversion to acreage,
i. Certificate of compliance,
j. Notice of violations,
k. Planned sign program,
I. Viewshed review permits (if necessary),
m. Planned unit development permits,
n. Extensions of time (for projects originally approved by
planning commission),
o. Architectural review,
p. Appeals of planning director determinations;
2. The planning commission will make recommendations to the city
council on the following:
a. General plan"amendments, .
b. Specific plans and amendments to specific plans,
c. Amendm~nts to this title pursuant to Section 16.16.040(8),
d. Development agreements,
e. Permits, licenses or approvals within an approved planned
development.
SECTION 4: The repeal of an ordinance herein shall not repeal the repealing clause of
such ordinance or revive any ordinance which has been repealed thereby.
SECTION 5: This ordinance does not affect prosecutions for ordinance violations
committed prior to the effective date of this ordinance, does not waive any fee or penalty
due and unpaid on the effective date of this ordinance, and does not affect the validity of
any bond or cash deposit posted, filed or deposited prior to the effective date of this
ordinance.
SECTION 6: 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 th~ City Council
meeting at which the propo$ed 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.
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ORDINANCE NO.
PAGE 12
SECTION 7: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
On motion of Council Member , seconded by Council Member , and on the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this _day of ,2003.
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ORDINANCE NO.
PAGE 13
TONY M. FERRARA, MAYOR
ATTEST:
KELL Y 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
.
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8.f.
MEMORANDUM
TO: CITY COUNCIL
FROM: DANIEL C. HERNANDEZ, DIRECTOR OF PARKS, RECREATION AND ~
FACILITIES
SUBJECT: CONSIDERATION OF AWARD OF BID FOR CONTRACTED
CUSTODIAL SERVICES - CLEAN SWEEP JANITORIAL
DATE: OCTOBER 28, 2003
RECOMMENDATION:
It is recommended the City Council award the bid for contract custodial services to
Clean Sweep Janitorial in the amount of $4,134.15 per month, and authorize the Mayor
to execute the Contractor Services Agreement.
FUNDING:
Funds have been allocated in the bi-annual budget for Government Buildings
Contracted Services (010-4213-5303). In the FY 2002-03, the City paid $3,709.00 per
month or $44,508.00 for contracted janitorial. Cost at that time did not include paper
products or other consumables, which are included in the current bid.
DISCt:JSSION:
A total of five (5) bids were received. All bids were evaluated to include hours of service
weekly and all consumable goods used (all paper products and soap). The bids
submitted were evaluated on a per-hour cost. The low bid was Clean Sweep Janitorial
Services at a per-hour cost of $15.90, 60 hours per week, at a monthly cost of
$4,134.15. Other bids submitted were from Service Master ($17.49 per hour/46 hours
per week/$3221.00 per month), Coverall Cleaning ($17.96 per hour/51.5 hours per
week/$4008.00 per month), Executive Janitorial ($21.77 per hour/46 hours per
week/$4340 per month) and CMS Commercial Maintenance ($20.77 per hour/60 hours
per week/$5400.00 per month). Based on the number of hours of service, staff
recommends awarding the contract to Clean Sweep Janitorial for two years with a one-
year renewal clause.
Clean Sweep Janitorial was awarded the previous contract and has done an excellent
job with City facilities. They have shown themselves to be responsive to maintenance
concerns in a very timely manner.
S: \Staff Reports \A wardbidcust 11.03 .doc
- --"---"'~--'--
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve staff's recommendation;
- Modify staff's recommendation;
- Do not approve staff's recommendation;
- Provide direction to staff.
Attachments: 1. Bid Sheet
2. Notice to Bidders
3. Contractor Services Agreement
S:\StaffReports\Awardbidcust11.03.doc
~.-
Attachment 1
BID OPENING LOG SHEET
CITY OF ARROYO GRANDE
BID OPENING: October 17, 2003
Contracted Custodial Services
BIDDER'S NAME HRS. OF SERVICE MO. RATE PER HR.
1. Clean Sweep Janitorial 60 per week $4,134.15 $15.90
2. Service Master 42.5 per week $3,221.00 $17.49
3. Coverall Cleaning 51.5 per week $4,008.00 $17.96
4. Executive Janitorial 46 per week $4,340.00 $21 .77
5. CMS Commercial Maint. 60 per week $5,400.00 $31 .15
S: \Staff Reports \A wardbidcust11. 03 .doc
FROM: Panasonic FAX SYSTEM PHONE NO. : Oct. 20 2003 03:24PM P3
Attachment 2
CITY OF ARROYO GRANDE
PARKS, RECREATION AND FACIl..ITIES DEPARTMENT
SEPTEMBER 24, 2003
NOTICE OF INVITATION TO BIDDERS
The City of Arroyo Grande is requesting bids for contract custodial services for City-
operated facilities. The contractor must furnish all supplies and labor necessary to
perform all related duties associated. with this proposal.
Bid proposals will be accepted until 2:00 p.m. 011 Friday. October 17. 2003. at- the Office
of the Director of Administrative Services. 214 E. Brancb. Street. City of MOVO Grande.
On Wednesday, October 8,2003,10:00 a.m., Kevin. Rocha. Acting Parks Supervisor, will
conduct a pre-bid tour for bidd~g contractors of the proposed facilities. The tour wilt
begin at the Parks. Recreation and Facilities Department, 1221 Ash Street. Questions
concerning bid proposals arc to be directed to Daniel Hcrnandez, Director of Parks,
Recreation and Facilities, at 473-5474, or Kcvin Rocha at 473-5470.
REOUIREMENTS:
l. Show evidence of liability and Workers' Compensation Insurance: $500,000
bodily injury, $500,000 property damage and $500.000 aggregate minimum;
2. Obtain a City business license;
3. Provide a breakdown of costs based on duties assigned as per attached facility
requirements;
4. Contractor responsible for providing all cleaning supplies;
S. Co.atractual employees are, subject to pollee backgrqund checK.s.
I . .
BID PROPOSAL MUST INCLUDE:
.
.
l. Written schedule of days. and times specific facilities will be cleaned and
maintained;
2. Name, address and phone number;
3. Three local references of cun-ent or previous clients; .
4. Authorized signature.
,.~.."~-....,,........,--,,.,,.,.-<...._-
I A TT ACHMENT 3 I
CONTRACTOR SERVICES AGREEMENT
This Agreement is made upon the date of execution, as set forth below, by and between Clean
Sweep Janitorial a sole proprietorship (hereinafter referred to as "CONTRACTOR"), and the CITY OF
ARROYO GRANDE, a Municipal Corporation (hereinafter referred to as "CITY'). The parties hereto, in
consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:
1.00 GENFRAL PROVISIONS
1.01 TERMS: This Agreement will become effective on the date of execution set forth below,
and will continue in effect until terminated as provided herein.
1.02 CONTRACT COORDINATION
a. CIIY. The Parks, Recreation and Facilities Director, or his designated
representative, hereby is designated as the Contract Manager for the CITY. He shall supervise the progress
and execution of this Agreement.
b. CONTRACTOR. CONTRACTOR shall assign a single Contract Manager to have
overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Dave Davis is
hereby designated as the Contract Manager for CONTRACTOR. Should circumstances or conditions
subsequent to the execution of this Agreement require a substitute Contract Manager for any reason, the
Contract Manager designee shall be subject to the prior written acceptance and approval of the CITY'S
Contract Manager.
1.03 SERVICES TO BE PERFORMEn BY CONTRACTOR: CONTRACTOR agrees to perform
or provide the services specified in the Request for Proposal attached hereto as Exhibit "A" and incorporated
herein by this reference.
CONTRACTOR shall determine the method, details and means of performing the above-referenced
services.
CONTRACTOR may, at CONTRACTOR'S own expense, employ such assistants, as
CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement.
CITY may not control, direct or supervise CONTRACTOR'S assistants or employees in the performance of
those services.
1.04 COMPENSATION: In consideration for the services to be performed by CONTRACTOR,
CITY agrees to pay CONTRACTOR the consideration set forth in the amounts and under the terms provided
in Exhibit "A" attached hereto and incorporated herein by this reference.
2.00 OBLIGATIONS OF CONTRACTOR
2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: CONTRACTOR agrees to devote
.the hours necessary to perform the services set forth in this Agreement in an efficient and effective manner.
CONTRACTOR may represent, perform services for and be employed by additional individuals or entities, in
CONTRACTOR'S sole discretion, as long as the performance of these extra-contractual services does not
interfere with or present a conflict with CITY'S business.
2.02 TOOLS ANn INSTRUMENTALITIES: CONTRACTOR shall provide all tools and
instrumentalities necessary to perform the services under this Agreement.
2.03 LAWS TO BE OBSF:RVED. CONTRACTOR shall:
a. Procure all permits and licenses, pay all charges and fees, and give all notices
which may be necessary and incidental to the due and lawful prosecution of the services to be performed by
CONTRACTOR under this Agreement;
b. Keep itself fully informed of all existing and proposed federal, state and local laws,
ordinances, regulations, orders, and decrees which may affect those engaged or employed under this
Agreement, any materials used in CONTRACTOR'S performance under this Agreement, or the conduct of
the services under this Agreement;
c. At all times observe and comply with, and cause all of its employees to observe and
comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above;
d. Immediately report to the CITY'S Contract Manager in writing any discrepancy or
inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in
relation to any plans, drawings, specifications, or provisions of this Agreement.
e. CONTRACTOR shall provide on site supervision to insure services being
adequately performed.
2.04 RFI FASE OF REPORTS AND INFORMATION. Any video tape, reports, information, data,
or other material given to, or prepared or assembled by, CONTRACTOR under this Agreement shall be the
property of CITY and shall not be made available to'any individual or organization by CONTRACTOR without
the prior written approval of the CITY'S Contract Manager.
2.05 COPIES OF VIDEO TAPES. REPORTS AND INFORMATION. If CITY requests additional
copies of videotapes, reports,. drawings, specifications, or any other material in addition to what the
CONTRACTOR is required to furnish in limited quantities as part of the services under this Agreement,
CONTRACTOR shall provide such additional copies as are requested, and CITY shall compensate
CONTRACTOR for the costs of duplicating of s'uch copies at CONTRACTOR'S direct expense.
2.06 OUAIIFICATIONS OF CONTRACTOR. CONTRACTOR represents that it is qualified to
furnish the services described under this Agreement.
2.07 WORKERS' COMPENSATION AND OTHFR EMPlOYEE BENEFITS: CITY and
CONTRACTOR intend and agree that CONTRACTOR is an independent contractor of CITY and agrees that
CONTRACTOR and CONTRACTOR'S employees and agents have no right to Workers' Compensation and
other employee benefits. If any worker insurance protection is desired, CONTRACTOR agrees to provide
Workers' Compensation and other employee benefits, where. required by law, for CONTRACTOR'S
employees and agents. CONTRACTOR agrees to hold harmless and indemnify CITY for any and all claims
arising out of any claim for injury, disability, or death of CONTRACTOR and CONTRACTOR'S employees or
agents.
2.08 INDEMNIFICATION: CONTRACTOR hereby agrees to, and shall, hold CITY, its elective
and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability
for damage or claims for damage, or suits or actions at law .or in equity which may allegedly arise from
CONTRACTOR'S or any of CONTRACTOR'S employees' or agents' operations under this Agreement,
whether such operations be by CONTRACTOR or by anyone or more persons directly or indirectly employed
by, or acting as agent for, CONTRACTOR provided as follows:
a. That CITY does not, and shall not, waive any rights against CONTRACTOR which it
may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by CITY, or the
deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described.
. ... ,. .;~4
b. That the aforesaid hold-harmless agreement by CONTRACTOR shall apply to all
damages and claims for damages. of every kind suffered, or alleged to have been suffered, by reason of any
of the aforesaid operations of CONTRACTOR or any agent or employee of CONTRACTOR regardless of
whether or not such insurance policies shall have been determined to be applicable to any of such damages
or claims for damages.
2.09 INSURANCE: CONTRACTOR shall not commence work under this Agreement until it has
obtained all insurance required under this section and such insurance shall have been approved by CITY as
to form, amount and carrier:
a. Public Liability and Property Damage Insurance. CONTRACTOR shall take out and
maintain during the life ,?f this Agreement such public liability and property damage insurance as shall protect
CITY, its elective and appointive boards, officers, agents and employees, and CONTRACTOR and any
agents and employees performing work covered by this Agreement from claims for damages for personal
injury, including death, as well as from claims for property damage which may arise from CONTRACTOR'S
or any subcontractor's operations under this Agreement, whether such operations be by CONTRACTOR or
by anyone directly or indirectly employed by CONTRACTOR and the amounts of such insurance shall be as
follows:
(1 ) General Liability Insurance. In an amount not less than $1,000,000 for
injuries, including, but not limited to, death to anyone person and, subject to the same limit for each person,
in an amount not less than $1,000,000 on account of anyone occurrence:
(2) Property Damage Insurance. In an amount of not less than $600,000 for
damage to the property of .each person on account of anyone occurrence.
(3) Comprehensive Automobile liability. Bodily injury liability coverage of
$1,000,000 for each person in anyone accident and for injuries sustained by two or more persons in anyone
accident. Property damage liability of $1,000,000 for each accident.
(4) Workers' Compensation Insurance. In the amounts required by law as set
forth in Section 2.03 above.
b. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention
must be declared to, and approved by, CI'TY. CITY may require that either the insurer reduce or eliminate
such deductibles or self-insured retentions as respects CITY, its elected or appointed officials, employees,
agents or volunteers; or CONTRACTOR shall procure a bond guaranteeing payment of all losses, and
related investigation, claims administration and legal expenses.
c. Proof of Insurance. CONTRACTOR shall furnish CITY, concurrently with the
execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance
that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the
effective period of this Agreement. The certificate or policy of liability of insurance shall name CITY as an
additional insured with CONTRACTOR.
3.00 TERM OF AGREEMENT
This agreement is hereby scheduled to commence on November 3, 2003 and end on November 3,
2005. At that time, the City retains the option of extending the agreement for an additional year after
evaluating Contractor performance.
4.00 TEMPORARY SUSPENSION
. .. =' ~. 0&
The CITY'S Contract Manager shall have the authority to suspend this Agreement wholly or in part,
for such period, as she deems necessary due to unfavorable conditions or to the failure on the part of the
CONTRACTOR to perform any provision of this Agreement. CONTRACTOR will be paid the compensation
due and payable to the date of temporary suspension.
5.00 INSPECTION
CONTRACTOR shall furnish CITY with every reasonable opportunity for CITY to ascertain that the
services of CONTRACTOR are being performed in accordance with the requirements and intentions of this
Agreement. All work done and all materials furnished, if any, shall be subject to the CITY'S Contract
Manager's inspection and approval. The inspection of such work shall not relieve CONTRACTOR of any of
its obligations to fulfill !ts Agreement as prescribed.
6.00 OWNFRSHIP OF MATERIALS
All original drawings, videotapes and other materials prepared by or in possession of
CONTRACTOR pursuant to this Agreement shall become the permanent property of the CITY, and shall be
delivered to the CITY upon demand.
7.00 OBLIGATIONS OF CITY
7.01 COOPERATION: CITY agrees to comply with all reasonable requests of CONTRACTOR
necessary to the performance of CONTRACTOR'S duties under this Agreement.
8.00 TERMINATION OF AGREEMENT
8.01 TERMINATION OF NOTICE. Notwithstanding any other provision of this Agreement, any
party hereto may terminate this Agreement, at any time, without cause by giving at least thirty- (30) days prior
written notice to the other parties to this Agreement.
8.02 TERMINATION ON OCCURRENCE OF STATED EVENTS. This Agreement shall
terminate automatically on the occurrence of any of the following events:
a. Bankruptcy or insolvency of any party;
b. Sale of the business of any party;
c. End of the thirty-day notice period set forth in Section 8.01;
d. End of the Agreement to which CONTRACTOR'S services were necessary: or
e. Assignment of this Agreement by CONTRACTOR without the consent of CITY.
8.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party
default in the performance of this Agreement or materially breach any of its provisions, a non-breaching
party, at its option, may terminate this Agreement, immediately, by giving written notice of termination to the
breaching party.
8.04 TERMINATION: This Agreement shall terminate on upon completion of services unless
extended as set forth in this section. CITY, with the agreement of CONTRACTOR, is authorized to extend
the term of this Agreement beyond the termination date, as needed, under the same terms and conditions
set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement.
8.05 RETURN OF MATERIALS.
Upon such termination, CONTRACTOR shall turn over to the CITY immediately any and all
copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by
CONTRACTOR. and for which CONTRACTOR has received reasonable compensation, or given to
. .:_ _~:oI
""",~,-""--,-,.,,~,,,,"-,-
CONTRACTOR in connection with this Agreement. Such materials shall become the permanent property of
CITY. CONTRACTOR, however, shall not be liable for CITY'S use of incomplete materials or for CITY'S use
of complete documents if used .for other than the project or scope of services contemplated by this
Agreement.
9.00 SPECIAl PROVISIONS
9.01 INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any
interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the
performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this
Agreement, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies
that no one who has or will have any financial interest under this Agreement is an officer or employee of
CITY. It is expressly agreed that, in the performance of the services hereunder, CONTRACTOR shall at all
times be deemed an independent contractor and not an agent or employee of CITY.
9.02 DISCRIMINATION
No discrimination shall be made in the employment of persons under this Agreement
because of the race, color, national origin, ancestry, religion or sex of such person.
If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of
California Fair Employment Practices Act or similar provisions of federal law or executive order in the
performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon,
CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the
amount payable to CONTRACTOR the sum of Twenty-five Dollars ($25) for each person for each calendar
day during which such person was discriminated against, as damages for said breach of contract, or both.
Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal
agency or officer shall constitute evidence of a violation of contract under this paragraph.
If CONTRACTOR is found in violation of the nondiscrimination provisions of this Agreement
or the applicable affirmative action guidelines pertaining to this Agreement, CONTRACTOR shall be found in
material breach of the Agreement. Thereupon, CITY shall have the power to cancel or suspend this
Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Two
Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been in
such noncompliance as damages for said breach of contract, or both.
10.00 MISCFLLANEOLJS
10.01 REMEDIES: The remedies set forth in this Agreement shall not be exclusive but shall be
cumulative with, and in addition to, all remedies now or hereafter aliowed by law or equity.
10.02 NO WAIVER: The waiver of any breach by any party of any provision of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement.
10.03 ASSIGNMENT: This Agreement is specifically not assignable by CONTRACTOR to any
person or entity. Any assignment or attempt to assign by CONTRACTOR, whether it be voluntary or
involuntary, by operation of law or otherwise, is void and is a material breach of this Agreement givirig rise to
a right to terminate as set forth in Section 8.03.
10.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties
hereto, arising out of or relating to this Agreement, or the breach thereof, the prevailing party shall be entitled,
. ",. .~,~
in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.
10.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this
Agreement, should the performance of any act required by this Agreement to be performed by either party be
prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials,
or any other cause except financial inability not the fault of the party required to perform the act, the time for
performance of the act will be extended for a period of time equivalent to the period of delay and
performance of the act during the period of delay will be excused; provided, however, that nothing contained
in this section shall exclude the prompt payment by either party as required by this Agreement or the
performance of any act rendered difficult or impossible sOlely because of the financial condition of the party
required to perform the act.
10.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other
communications required or permitted by this Agreement or by law to be served on or given to any party to
this Agreement shall be in writing and shall be deemed duly served and given .when personally delivered or in
lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the
following address for each respective party:
CITY: City of Arroyo Grande
P.O. Box 550
Arroyo Grande, CA 93421-0550
CONTRACTOR: Clean Sweep Janitorial Services
P.O. Box 741
Templeton, CA 93465
10.07 GOVERNING LAW: This Agreement and all matters relating to this Agreement shall be .
governed by the laws of the State of California in force at the time any need for' the interpretation of this
Agreement or any decision or holding concerning this Agreement arises.
10.08 BINDING FFFECT: This Agreement shall be binding on and shall inure to the benefit of the
heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section
shall be construed as a consent by CITY to any assignment of this Agreement or any interest in this
Agreement.
10.09 SEVERABILITY: Should any provision of this Agreement be held by a court of competent
jurisdiction or by a legislative or rule making act to be either invalid, void or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect, unimpaired by the holding, legislation or
rule.
10.10 SOLE AND ENTIRE AGREFMENT: This Agreement constitutes the sole and entire
agreement between the parties with respect to the subject matter hereof. This Agreement correctly sets forth
the obligations of the parties. hereto to each other as of the date of this Agreement. All agreements or
representations respecting the subject matter of this Agreement not expressly set forth or referred to in this
Agreement are null and void.
10.11 IJME: Time is expressly declared to be of the essence of this Agreement.
10.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this
Agreement are expressly authorized to do so on and in behalf of the parties.
10.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their
counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments
or exhibits thereto. The captions of the sections are for convenience and reference only, and are not
intended to be construed to define or limit the provisions to which they relate.
10.14 AMFNDMENTS: Amendments to this Agreement shall be in writing and shall be made only
with the mutual written consent of all of the parties to this Agreement.
Executed on , at Arroyo Grande, California.
CITY OF ARROYO GRANDE
Tony Ferrara, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative Services/
Deputy City Clerk
CONTRACTOR
Principal
APPROVED AS TO CONTENT
Steven Adams, City Manager
APPROVED AS TO FORM:
Timothy J. Carmel, City Attorney.
S:\Contractor Services Agreement.CleanSweep.doc
. ... ,. .~.~
--~---~""'-"'--"---'-_.
8.g.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER /f6
SUBJECT: CONSIDERATION OF ACCEPTANCE OF THE BRANCH MILL ROAD
REHABILITATION AND DRAINAGE IMPROVEMENTS PROJECT, PW
2003-03
DATE: OCTOBER 28, 2003
RECOMMENDATION:
It is recommended the City Council:
A. accept the project improvements, as constructed by Papich Construction Company, in
accordance with the plans and specifications for the Branch Mill Road Rehabilitation and
Drainage Improvements Project;
B. direct staff to file a Notice of Completion; and,
. C. authorize release of the retention of $21,962.48, thirty-five (35) days after the Notice of
Completion has been recorded, if no liens have been filed.
FUNDING:
On August 26, 2003, the City Council awarded the Branch Mill Road Rehabilitation and
Drainage Improvements Project to Papich Construction Company in the amount of
$199,758.00 and authorized a contingency of $19,976.00 to be used for unanticipated costs
during the construction phase of the project. The total construction budget was $219,734.00
and the final adjusted contract amount was $219,624.76.
DISCUSSION:
Papich Construction Company has completed all items of work on the Branch Mill Road
Rehabilitation and Drainage Improvements Project in accordance with the plans and
specifications. The project scope included grinding of the existing pavement, adding soil
amendments to stabilize and strengthen the road base, and the placement of an asphalt
concrete overlay between Huebner Lane and the eastern City Limit near Newsom Springs
Road. In addition, two catch basins were installed to enhance the drainage capability in this
area.
--_._- - - -----_._,-"_..._--,---,--"--~
CITY COUNCIL
CONSIDERATION OF ACCEPTANCE OF THE BRANCH MILL ROAD REHABILITATION
AND DRAINAGE IMPROVEMENTS PROJECT, PW 2003-03
OCTOBER 28, 2003
PAGE 2
Staff is recommending the Council accept the improvements as constructed, authorize staff
to file a Notice of Completion, and release the remaining portion of the 10% retention
($21,962.48), to Papich Construction Company thirty-five (35) days after the Notice of
Completion has been recorded, if no liens are filed.
ALTERNATIVES:
The following alternatives are provided 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.
Attachment:
1. Notice of Completion
-----~ ,-...--------.-----
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO: ATTACHMENT 1
CITY CLERK
CITY OF ARROYO GRANDE
P.O. BOX 550
ARROYO GRANDE, CA 93421
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner or agent of owner of the interest or estate stated below the property hereinafter describe.
2. The FULL NAME of the OWNER is: The Otv of Arrovo Grande
3. The FULL ADDRESS of the OWNER is: 214 East Branch Street. Arrovo Grande. California 93420
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in fee
5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT
TENANTS or as TENANTS IN COMMON are:
NAMES ADDRESSES
None
6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR'S in interest of the undersigned if the property was transferred
subsequent to the commencement of the work of improvements herein referred to:
NAMES ADDRESSES
None
7. All work of improvement on the property hereinafter described was COMPLETED October 28. 2003
8. The NAME OF THE ORIGINAL CONTRACTOR, ifany, for such work of improvement is:
Pavich Construction Comvanv.
9. The street address of said property is: Branch Mill Road
10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, State of
California, and is described as follows:
Branch Mill Road Rehabilitation and Drainage Improvements Pro;ectt. PW 2003-03
Verification of NON -INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am
the Public Works Director of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I
know and understand the contents thereof, and the facts stated therein are true and correct.
Don Spagnolo, PE, Director of Public Works/City Engineer
October 28,2003, Arroyo Grande, California
-- END OF DOCUMENT --
9.a.
CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a
Public Hearing on the following item:
CASE NO.: Appeal of Viewshed Review Case No. 03-004
APPLICANT: Steve Accornero
LOCATION: 195 N. Elm Street
APPELLANT: Steve Accornero
The City Council will consider an appeal of the Planning Commission's denial of
Viewshed Review Case No. 03-004 for the construction of a second story addition on
an existing residence.
In compliance with the California Environmental Quality Act, the Community
Development Department has determined that the proposed project is Categorically
Exempt under Section 15303 of the CEQA Guidelines.
Any person affected or concerned by this issue may submit written comments to the
Director of Administrative Services before the City Council hearing, or appear and be
heard in support of or opposition to the project.
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.) Copies of the appeal applications and related documents
are 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.
Date and Time of Hearing: TUESDAY, OCTOBER 28,2003 AT 7:00 P.M.
Place of Hearing: ARROYO GRANDE CITY COUNCIL CHAMBERS
215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA 93420
uhchunlLL
Kelly Wetmor , Directive of Administrative Services!
Deputy City Clerk
Publish 1 Time on Friday, October 17, 2003
MEMORANDUM
TO: CITY COUNCIL
FROM: ~ ff KELLY HEFFERNON, ACTING COMMUNITY DEVELOPMENT
I 'DIRECTOR
BY: KRISTIN KRASNOVE, PLANNING INTERN
SUBJECT: CONSIDERATION OF APPEAL OF VIEWSHED REVIEW 03-004; 195 N.
ELM STREET
DATE: OCTOBER 28, 2003
RECOMMENDATION:
It is recommended the City Council adopt the attached Resolution denying the appeal of
the Planning Commission's denial of Viewshed Review 03-004.
FUNDING:
No fiscal impact.
DISCUSSION:
On September 2, 2003, the Planning Commission held a public hearing to consider
Viewshed Review 03-004, requesting an expansion and addition to the rear unit of an
existing duplex at 195 North Elm. The Planning Commission denied the project after
finding that the proposed structure would be inconsistent with the intent of Section
16.16.130 of the Development Code and the established scale and character of the
neighborhood and would unreasonably affect views of the surrounding properties. In
addition, the Planning Commission found that the proposed structure would
unreasonably or unnecessarily interfere with the scenic view from another property,
judged in light of permitting reasonable use and development of the property on which
the proposed structure or expansion was to occur. Attached is staffs report to the
Planning Commission, Planning Commission Resolution denying the project, minutes
from the September 2, 2003 Planning Commission hearing, the applicant's appeal
letter, and the letters received by the Community Development Department in response
to the project.
AL TERNA TIVES:
The following alternatives are presented for Council consideration:
- Adopt the attached resolution upholding the Planning Commission's denial of
Viewshed Review 03-004 as presented; or
- Direct staff to draft an alternate resolution and return at a specified date; or
- Provide other direction to staff.
- --~-- -,---
CITY COUNCIL
DEVELOPMENT CODE AMENDMENT 03-006
OCTOBER 14, 2003
PAGE 2
Attachments:
1. Planning Commission staff report and Resolution for Viewshed Review 03-004.
2. Minutes of Planning Commission meeting of September 2, 2003.
3. Applicant's appeal letter.
A TT ACHMENT 1
HEARING DATE: SEPTEMBER 2, 2003
AGENDA ITEM: II.A.
CITY OF ARROYO GRANDE
PLANNING COMMISSION STAFF REPORT
CASE NUMBER: Viewshed Review 03-004
ApPLICANT: Steve Accornero
REPRESENTATIVE: Ariel Zarate
PROJECT LOCATION: 195 North Elm Street
PROJECT DESCRIPTION: Second floor addition (1,682 sqaure feet) and garage
expansion (584 square feet) to rear unit of existing duplex
in Single Family zoning district
PROJECT PLANNER: Kristin Krasnove
LOCATION MAP
GRAND
.--."--..--- ---- --------
VSR 03-004
September 2, 2003
Page 2
PUBLIC NOTICE
34 Notices of Intent to Construct an Addition were sent out on July 31st, 2003 to
property owners within 300 feet of the project. The Community Development
Department received four (4) written comments in response to the proposed addition.
In order to acknowledge the concerns of surrounding neighbors, the Community
Development Department scheduled Viewshed Review 03-004 for a public hearing on
Tuesday, September 2, 2003. 34 public hearing notices were sent out on August 21st
to property owners within 300 feet. A notice was published in the Times Press
Recorder on August 22, 2003.
ENVIRONMENTAL REVIEW
Staff has reviewed the project in compliance with the California Environmental Quality
Act and has determined that the project is categorically exempt under Section 15303 of
the CEQA Guidelines, involving addition to existing facilities.
BACKGROUND
The applicant submitted a Viewshed Review application July 28, 2003. As part of the
Viewshed Review process property owners within 300 feet were notified of the project
and given the opportunity to submit comments and concerns during a ten (10) day
review period. If, after the review period is over, the planning director is unable to reach
the following findings, the application shall be referred to the planning commission for a
public hearing. Community Development Director, Rob Strong, recommended review
by the planning commission after receiving four written concerns over affected views.
Required Findings:
1. The proposed structure is consistent with the established scale and character of
the neighborhood and will not unreasonably affect views of surrounding
properties;
2. The proposed structure will not unreasonably or unnecessarily interfere with the
scenic view from any other property, judged in light of permitting reasonable use
and development of the property on which proposed structure or expansion is to
occur.
The existing residences at 195 North Elm are near the Mixed Use and General
Commercial zoning district, but are within the Single Family zoning district. The lot is
surrounded by one and two-story residences to the North and East. The total existing
square footage of the duplex is 1,738 square feet. The proposed addition is 1,682
square feet of new living space and 584 square feet of garage to the rear unit. The lot
coverage and floor area ratio would both remain below the maximum for the Single
Family zone. Duplexes are not permitted within the Single Family zoning district, but
- ---~-----_.__._--_..-
VSR 03-004
September 2, 2003
Page 3
the legally nonconforming duplex could qualify for a single-family residence with a
secondary residential dwelling unit once the proposed addition is complete. Unit 1 (the
front unit) meets most of the requirements for second residential dwellings. Unit two
would be considered the primary residence on the lot. Both two-bedroom units currently
have single car garages, and an additional two-car garage is proposed.
DISCUSSION
The requirements for a second residential dwelling are outlined in the following table.
Applicable Required Existing Proposed
Development
Standards for
Second Residential
Dwelllings
Minimum Lot Size 6,750 square feet 7,800 square feet 7,800 square feet
Yard Setbacks 20' front, 5' side, 15' 20' front, 5' side, 15' 20' front, 5' side,
rear rear 15' rear
Architectu re Same as primary Same as primary Same as primary
Compatibility residence residence residence
Maximum Size 850 square feet, < Unit one = 871 sf Unit one = 871 sf
50% of square footage Unit two = 869 sf (29.2% of primary
of primary residence residence)
Unit two = 2549 s.f.
Maximum Slope <20% <20% <20%
Parking One off-site space per 2 covered parking 4 covered parking
bedroom up to a spaces total, 4 spaces total*, 6
maximum of two (2) bedrooms bedrooms
Occupancy Second residential Both units have Units will remain
Requirements dwellings shall not be same owner, and under same owner.
offered for sale apart unit 2 is owner- The owner will
from existing occupied reside in Unit 1
residence while unit 2 is
under construction
Driveway Access Served by the same Served by the same Served by the
driveway driveway same driveway
Deed Restriction Second dwelling No deed restriction Will be deed
cannot be sold restricted
Utility Meters One electric, one gas, One gas and one Maintain gas and
and one water meter water, two electric water on one
shall be allowed meter, and work
with PG&E for
electric meters
VSR 03-004
September 2, 2003
Page 4
* Will condition that all garage spaces be made available for automobile parking and
that any other vehicle (boat, RV, trailer) shall be stored off site.
RECOMMENDATION
Staff recommends that the Viewshed Review Application be delegated to the Planning
Commission so that the decision is made using a public hearing process.
Attachments:
Resolution approving VSR 03-004
Resolution denying VSR 03-004
Exhibit "A": Conditions of Approval
1. Project Plans
2. Written correspondence form Mr. and Mrs. Ray Valdez
3. Written Correspondence from Jack Dieres
4. Written correspondence from Helen and timothy Yager
5. Written correspondence from David Yanchez
6. Photos of project
S:\COMMUNITY _DEVELOPMENT\PROJECTS\VSR\03-004\PC_Report.doc
,,,>,.~,,,,,,,~,,,,.',,,,,,,.."",..,- ,.,.,.---
.
CITY OF ARROYO GRANDE RECEIVED
COMMUNITY DEVELOPMENT DEPT.
P.O. BOX 560 AUG O~ 5 2003
ARROYO GRANDE, CA93421
August 3, 2003 CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPT.
RE: Viewshed Permit 03-004
Location: 195 No. Elm Street
Arroyo Grande. CA 93420
Dear Mr. Strong,
We are responding to your recent letter regarding a second floor addition to a duplex
located at 195 North Elm Street.
We strongly disagree to the forwarding of this project, as we feel it would obstruct our
view thus degrade the value of our home.
,.,.._~_.,,"- ,,,...."',~
RECEIVED
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT AUG O?52003
P.O. BOX 550
ARROYO GRANDE, CA 93421 CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPT.
August 3. 2003
"
To Whom It May Concern:
I am disagreeing with the second floor extension of a duplex across the street from my
home. Its location is 195 North Elm Street.
When my wife and I moved here. in 1989. it was said that a double structure would not
be permitted on the opposite side of the street from my home.
I do feel that this project would decrease the value of my home.
Sincerely Yours.
JackM. Dieres
~-,_._--
~"''''''''''''''''~'.''.'""'''''''i~''''''''_
August 7,2003 RECEIVED
City of Arroyo Grande AUG 0 8 2003
Community Development Department CITY OF ARROYO GRANDE
P. O. Box 550 COMMUNITY DEVELOPMENT DEPT.
Arroyo Grande, Ca 93421
FilelIndex No: Viewshed Review 03-004
We strongly object to this expansion due to the fact that it will completely obliterate the
view from our house and porch of the Oceano Dunes. It will greatly diminish the value
of our property and the pleasure that we take in the view of those Dunes.
Very truly yours,
~~ -
Timothy R. Yager
~~~~ ~
213N. Elm St.
Arroyo Grande
473-1915
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I
RESOLUTION NO. 03-1900
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE DENYING APPROVAL
OF VIEWSHED REVIEW CASE NO. 03;.004, LOCATED AT
195 NORTH ELM, APPLIED FOR BY STEVE ACCORNERO
WHEREAS, the' Planning Commission of the City of Arroyo Grande has considered an
application for Viewshed Review Case No. 03-004, filed by Steve Accornero, for
construction of a second story addition; and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with
the General Plan and the environmental documents associated therewith; and
1
I
WHEREAS, the Planning Commission has reviewed this project in compliance with I
the California Environmental Ouality Act (CEOA) and has determined that the project
is Categorically Exempt per Section 15303 of the CEOA Guidelines; and
-
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
FINDINGS FOR APPROVAL
1 . The proposed structure is inconsistent with the intent of Section j
16.16.130 of the Development Code; and
2. The proposed structure is inconsistent with the established scale and
character of the neighborhood and will unreasonably affect views of
surrounding properties; and
3. The proposed structure will unreasonably or unnecessarily interfere with
the scenic view from another property, judged in light of permitting
reasonable use and development of the property on which the proposed
structure or expansion was to occur.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby denies Viewshed Review Case No. 03-004, with the above
findings hereto and incorporated herein by this reference.
RESOLUTION NO. 03-004
PAGE 2
On motion by Commissioner Arnold, seconded by Commissioner Keen, and by the --
following roll call vote, to wit:
AYES: Commissioners Arnold, Keen and Chair Guthrie
NOES: Commissioners Brown and Fowler
ABSTAIN: None
the foregoing Resolution was adopted this 2nd day of Se
ATTEST: ~
~~ 1\ /
L. N REARDON-SMITH, , CHAIR
COMMISSION CLERK
DIRECTOR ,---,
I
/
l
(
_,",__'_ N_'_._
A IT ACHMENT 2
MINUTES
SPECIAL MEETING - PLANNING COMMISSION
SEPTEMBER 2, 2003
CALL TO ORDER - The Arroyo Grande Planning Commission met in regular session with
Chair Guthrie presiding; also present were Commissioners Arnold, Brown, Fowler and
Keen. Staff members in attendance were Community Development Director, Rob Strong,
Associate Planner, Kelly H effern on , Assistant Planner, Ryan Foster and Jim Bergman,
Planning Intern, Kristin Krasnove and Public Works Engineer, Victor Devens.
AGENDA REVIEW - The Commission agreed to move Item II.B. to the last Public Hearing
Item due to the applicant's late arrival.
APPROVAL OF MINUTES: - The minutes of July 15, 2003 were unanimously approved as
written on a 5/0 voice vote.
ORAL COMMUNICATIONS - None
WRITTEN COMMUNICATIONS:
1. Letter dated August 29, 2003 from Jacqueline King re VTTM Case NO. 02-002, DCA
Case No. 02-002, GPA Case No. 02-001 & SPA Case No. 02-001, Public Hearing Item
II.C.
2. Letter received from Helen Yager, 213 Elm Street re Viewshed Review 03-004, Public
Hearing Item II.A.
PUBLIC HEARING ITEM II.A - VIEWSHED REVIEW CASE NO. 03-004; APPLICANT -
STEVE ACCORNERO; LOCATION - 195 NORTH ELM. Staff report prepared and
presented by Planning Intern, Kristin Krasnove.
Ms. Krasnove presented the staff report giving details of the proposed second story and
explaining that this was being heard due to the written comments objecting to the expansion
and the fact that it would block views.
Commissioner Brown asked how Condition No. 6 re the use of the garage could be
enforced? Mr. Strong said it may be difficult to enforce, but could be monitored
occasionally, at random, by Code Enforcement.
Chair Guthrie opened the Public Hearing.
Steve Accornero, representative, described the proposed project stating it was his client's
intention to improve the look of his property and he confirmed that his client would be
occupying one of the residences.
Commissioner Brown asked Mr. Accornero if his client had considered a redesign after the
neighbor's complaints? Mr. Accornero said they had not considered redesign as the
highest level of the house was only 22 feet.
Chair Guthrie had a concern with the turning radius of the two garages and that there may
be a conflict with the 'hobby' garages. The applicant stated that there had never been any
problem backing out of the existing garages and the new garage is a straight back out. In
addition, the driveway is wide enough to back out from the rear garage if necessary.
---~- ----..---...--,.--.,.-.,..-.
.,,,--_..----
MINUTES PAGE 2
PLANNING COMMISSION
SEPTEMBER 2, 2003
Chair Guthrie closed the Public Hearing.
Commissioner Brown stated he could approve the project as if the Conditions of Approval
recommended by staff were included.
Commissioner Keen stated he could not approve because the second story would block the
view from other homes.
Commissioner Arnold said approving this could create a domino effect.
Commissioner Fowler stated that this would improve the look of the area, not decrease the
value of any other properties in the area and there are other two story homes in the
neighborhood.
Commissioner Guthrie stated that he believed there are other ways to achieve additional
space and not have such a massive effect on neighborhood and that this was too large of a
building.
Commissioner Arnold made a motion, seconded by Commissioner Keen, to approve the
Resolution denying approval of the Viewshed Review case no. 03-004, and adopt:
RESOLUTION 03-1900
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE DENYING APPROVAL OF VIEWSHED REVIEW CASE
NO. 03-004, LOCATED AT 195 NORTH ELM, APPLIED FOR BY STEVE
ACCORNERO
The motion was approved on the following roll call vote:
AYES: Commissioners Arnold, Keen and Chair Guthrie
NOES: Commissioners Brown and Fowler
ABSENT: None
PUBLIC HEARING ITEM II.C. - VESTING TENTATIVE TRACT MAP CASE NO. 02-002;
DEVELOPMENT CODE AMENDMENT CASE NO. 02-002, GENERAL PLAN
AMENDMENT CASE NO. 02-001; SPECIFIC PLAN AMENDMENT CASE NO. 02-001;
APPLICANT - DON McHANEY; lOCATION - NORTH SIDE OF FARROLl AVE
BETWEEN OAK PARK BLVD AND GOlDENT WEST PLACE. Staff report prepared and
presented by Associate Planner, Heffernon and Assistant Planner - Jim Bergman.
Mr. Bergman gave the presentation, describing the highlights of the proposal and explaining
that circulation in the proposed development would be through a newly created "N.
Bakeman Circle", a private 20 foot wide access drive and access to the 13 single family
homes would be through the completion of the cul-de-sac on Dixson Street. He further
stated that SAC and ARC had reviewed the project and explained their recommendations.
There are still many technical details outstanding that relate to sewer, water, drainage, and
traffic.
---.-
""---''''''''''''''--
Attachment 3
. f\l.;t.I.\;-'.! '"""" no ;{Of
APPEA~ TO THE CITY COUNCIL OFGfHEf ARROYO Gt\;
CITY OF ARROYO GRANDE 03 SEPI 2 PM 3: )3
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9.b.
CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a
Public Hearing on the following item:
CASE NO.: Appeal of Amended Conditional Use Permit Case No. 03-004
APPLICANT: Coastal Christian School
LOCATION: 1220 Farroll Avenue
APPELLANT: Coastal Christian School, Lance Tullis
The City Council will consider an appeal of the Planning Commission's approval of
Conditional Use Permit Case No. 03-004, specifically with regard to Condition of
Approval #8, which requires the installation of two fire hydrants near the project.
In compliance with the California Environmental Quality Act, the Community
Development Department has determined that the proposed project can utilize the
current negative declaration.
Any person affected or concerned by this issue may submit written comments to the
Director of Administrative Services before the City Council hearing, or appear and be
heard in support of or opposition to the project.
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.) Copies of the appeal applications and related documents
are 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.
Date and Time of Hearing: TUESDAY, OCTOBER 28,2003 AT 7:00 P.M.
Place of Hearing: ARROYO GRANDE CITY COUNCIL CHAMBERS
215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA 93420
IJJ2LcUtUOfU.-
Kelly Wet ore, irective of Administrative Services/
Deputy City Clerk
Publish 1 Time on Friday, October 17, 2003
MEMORANDUM
TO: CITY COUNCIL
FROM: "f''KELLY HEFFERNON, ACTING COMMUNITY . DEVELOPMENT
DIRECTOR
BY: JIM BERGMAN, ASSIST ANT PLANNER
SUBJECT: CONSIDERATION OF APPEAL OF AMENDED CONDITIONAL USE
PERMIT 03-004; 1220 FARROLL AVENUE
DATE: OCTOBER 28, 2003
RECOMMENDATION:
It is recommended the City Council adopt a Resolution to deny the appeal of the
applicant and require the placement of two fire hydrants; one located in front of the
subject property and one located within the boundaries of the property between the
existing chapel and sanctuary and the school campus.
FUNDING:
No fiscal impact.
DISCUSSION:
On August 19, 2003, the Planning, Commission held a public hearing to consider
Amended Conditional Use Permit 03-004, allowing for the. continuation of portable
classrooms at Coastal Christian School until they are able to relocate to the City of Pismo
Beach. Due to larger annexation issues involved with their relocation, staff believes that
the school may have to continue to operate within the City of Arroyo Grande for at least
two to three additional years.
The applicant has appealed the Planning Commission's approval of the Amended
Conditional Use Permit 03-004 in an effort to be relieved from a condition that requires
the placing of a second fire hydrant within the property between the existing chapel and
sanctuary and the school campus. The Planning Commission placed this condition due to
the fact that the closest fire hydrant to the property is located on the corner of Farroll
Avenue and Golden West Place and is approximately 460 feet from the furthest
classroom.
Attached is staff's report to the Planning Commission, minutes from the August 19, 2003
Planning Commission meeting, the applicant's appeal letter, and a memo from Fire Chief
Fibich. In considering the appeal, the Council is not limited to the original reason stated
for the appeal and may take action on any part of the project.
CITY COUNCIL
CONSIDERATION OF APPEAL OF AMENDED CONDITIONAL USE PERMIT 03-004;
1220 FARROLL AVENUE
OCTOBER 28,2003
PAGE 2 OF 2
AL TERNA TIVES:
The following alternatives are presented for Council consideration:
- Adopt the attached Resolution denying the appeal of the Planning Commission's
approval of Amended Conditional Use Permit 03-004 as submitted.
- Direct staff to draft an alternate resolution and return at a specified date.
- Provide direction to staff.
Attachments:
1) Planning Commission staff report and Resolution for Amended Conditional Use
Permit 03-004.
2) Minutes of Planning Commission meeting of August 19, 2003.
3) Applicant's appeal letter and application.
4) Memo from Terry Fibich, Director of Building and Fire.
RESOLUTION NO.
. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING THE APPEAL OF THE
PLANNING COMMISSION'S APPROVAL OF AMENDED
CONDITIONAL USE PERMIT 03-004 AS SUBMITTED
WHEREAS, the applicant has filed an application for Amended Conditional Use Permit
03-004 to continue to temporarily operate a school and utilize portable buildings; and
WHEREAS, the Planning Commission of the City of Arroyo Grande considered Amended
Conditional Use Permit 03-004 at a duly noticed public hearing on August 19, 2003 in
accordance with the Development Code of the City of Arroyo Grande; and
WHEREAS, the Planning Commission found that in order to better protect lives and
property associated with the continuation of temporary classrooms, the applicant must
provide two fire hydrants; one located in front of the subject property and the other
within the boundaries of the property between the existing chapel and sanctuary and
the school campus; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, based
on all evidence presented, the following circumstances exist:
A. That the closest fire hydrant to Coastal Christian School is located on the corner
of Farroll Avenue and Golden West Place and is approximately 460 feet from the
furthest classroom.
B. Due to the recessed layout of the Coastal Christian School Campus, both a fire
hydrant located on Farroll Avenue and another located in the interior of the
property are needed to adequately protect lives and property associated with the
conditional use.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby denies the appeal of and approves Amended Conditional Use Permit 03-
004 pursuant to the above findings and subject to the conditions of approval shown in
Exhibit "A" attached hereto and incorporated herein.
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 October, 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
-_.'--~ "'~-""-"'-"';""-'--
CITY OF ARROYO GRANDE
ARCHITECTURAL REVIEW COMMITTEE
HEARING DATE: Tuesday, August 19, 2003
AGENDA ITEM: n.D
CASE NUMBER: Amended Conditional Use Permit 03-004
ApPLICANT: Coastal Christian School
REPRESENTATIVE: Lance Tullis
PROJECT LOCATION: 1220 Farro" Avenue
PROJECT DESCRIPTION: Amendment of Conditional Use Permit to allow for
the continuation of portable classrooms.
PROJECT PLANNER: Jim Bergman, Planning Intern
LOCATION MAP
...'--,..........-....'''........'''..--
BACKGROUND
Coastal Christian School has been operating within the City of Arroyo Grande since
August of 1989. However, for the past ten years the school has be in the process of
permanently relocating to a site in the City of Pismo Beach but has been encountering
delays resulting from larger annexation issues. Due to this uncertainty of location,
Coastal Christian School has been in front of the Planning Commission several times.
Below is a brief history of their Conditional Use Permit:
. August 1989 - The Planning Commission approved the original CUP No. 89-
459 which allowed for the establishment of a private elementary school in an
existing building.
. July 1996 - The Planning Commission approved Amendment No. 1 to the
Conditional Use Permit, which allowed for the placement of three temporary
modular buildings with a total building area of 2,880 square feet. A condition
of the approval states "However. the temporary modular units shall not be
permitted after July 2001. After this date. the applicant may apply for the
necessary permits to replace the temporarybuildinQs with more permanent
facilities."
. February 17, 1998 - The. Planning Commission reviewed the Conditional Use
Permit after a citizen's complaint about privacy issues.
. March 3, 2000 - Coastal Christian School applied for an amendment to its
Conditional Use Permit in an effort to install four (4) - 24' x 40' modular
classrooms and one (1) - 20' X 20' modular bathroom. The new buildings
would have allowed for a total of 383 students.
. April 4, 2000 - Coastal Christian School met with the SAC regarding their
proposed amendment.
. June 29,2000 -In response to the input from staff at the April SAC meeting,
Coastal Christian School changed its amendment requesting only one (1) 24'
x 40' modular building, the raising of enrollment to 214 students, a time
extension from 2001 to 2003, and requested an exception from
undergrounding existing utilities. At that time Coastal Christian School stated
that they expected to be at a new location in the City of Pismo Beach within
three years.
. January 24, 2001 Coastal Christian School rescinded its Conditional Use
Permit Amendment application and received a refund for half of the fees paid.
. July 2001 - The Conditional Use Permit for the placement of temporary
buildings expired.
Page 2 of 3
- . ~-".._--.,,">--'".',.,--
. April 14, 2003 - Code Enforcement Officer, David Crockett sent. a letter
notifying Coastal Christian School that their Conditional Use Permit had
expired.
. May 8, 2003 - Coastal Christian School submitted an application to amend its
Conditional Use Permit by seeking a time extension for the operation of the
temporary buildings.
DISCUSSION
The Pismo Beach annexation in which property owned by Coastal Christian School is
included is underway and has been making recent progress including successfully
gaining the recommendation of the Pismo Beach Planning Commission. In addition, the
issue is being discussed at tonight's~9Ust 19, 2003) Pismo Beach City Council
meeting. Even with this substantial p~ gress, it is staffs opinion that the Pismo Beach
annexation as well as the relocation of Coastal Christian School will take a minimum of
two to three years to complete.
The Staff Advisory Committee (SAC) reviewed the proposed amendment to the
Conditional Use Permit at its May 5, 2003 meeting. The safety issue of the scarcity of
fire hydrants near the site was the main concern of the Committee and they
recommended that two fire hydrants be placed in order to assist in the protection of life
and property. The closest fire hydrant is located on the corner of Farroll Avenue and
Golden West Street and is approximately 460 feet from the furthest classroom. It was
recommended by the Fire Chief that one of the hydrants be placed at the street and due
to the depth of the subject parcel, one hydrant should be located inside the property
between the existing chapel and sanctuary and the school campus. Staff is aware of the
substantial cost (approximately $15,000) involved in placing two hydrants at the site but
believes that the intensity of the land use and the potential for continued operation
justifies the request.
The SAC also discussed and recommended annual reviews of the Conditional Use
Permit instead of the applicant proposed extension until 2007.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the attached Resolution,
approving Amended Conditional Use Permit 03-004.
Attachments:
Resolution approving ACUP 03-004
1. Site plans depicting current use
2. SAC notes from May 28, 2003
3. Previous Resolutions and Conditions of Approval
Page 3 of 3
.~._..,-_....._-,..,..-.",.,--
,
,
RESOLUTION NO. 03-1898
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING AMENDED
CONDITIONAL USE PERMIT 03-004 lOCATED AT 1220
FARROll AVENUE, APPLIED FOR BY COASTAL 1
CHRISTIAN SCHOOL I
WHEREAS, the applicant has filed Amended Conditional Use Permit 03-004 to
continue to temporarily operate a school and utilize portable buildings; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Amended Conditional Use Permit 03-004 at a public hearing on August 1 9, 2003 in
accordance with the Development Code of the City of Arroyo Grande; and i
,
WHEREAS, the Planning Commission has found that this project is consistent with ,
the General Plan and the Development Code; and . I
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA), the State CECA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and has determined that the
proposed project can utilize the current negative declaration; and
I
I
WHEREAS, the Planning Commission finds, after due study, deliberation and public 1
hearing, the following circumstances exist:
Conditional Use Permit Findings:
1 . The proposed use is permitted within the Public Facilities district pursuant to
the provisions of Section 16.44.0:40 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. As conditioned, the proposed us.e will not impair the integrity and character of
the district in which it is to be established or located.
3. The site is suitable for the type and intensity of use that is proposed.
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, safew, or
welfare, or materially injurious to properties and improvements in the vicinity
because the proposed project would not create any adverse environmental
impacts.
:
,
RESOLUTION NO. 03-1898
ACUP 03-004
PAGE 2 OF 4
I
I
I NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
I
i Arroyo Grande hereby approves Amended Conditional Use Permit 03-004, with the
,
~ above findings and subject to the conditions as set forth in Exhibit II A ", attached
t
I hereto and incorporated herein by this reference.
,
,
:
,
i On motion by Commissioner Keen, seconded by Commissioner Arnold, and by the
,
i following roll call vote, to wit:
AYES: Commissioners Keen, Arnold, Brown, Fowler and Chair Guthrie
NOES: None
i ABSENT: None
I
, the foregoing Resolution was adopted this 19th day of August, 2003.
i
,
ATTEST:
ii~-!b
NREARDON-SMITH,
COMMISSION CLERK
!
:
ENT DIRECTOR
,
"-~-----...-,~".. '""''''--'--
AGENDA - SAC MEETING ..
WEDNESDAY - MAY 28, 2003 ATTACHMENT 2
.
Lot Line Adjustment 03 . Applicant - Carol Hoon; Location - 621 Eman. Staff Contact
- Jim Bergman.
Proposal - Lot Line Adjustment betwe two parcels for better utilization of the land.
Jim Bergman
. Proposed lot line change of 90 degre
Rob Strong
. Will need easement along creek
. Need to depict easement on map and legal de ription: city will provide document
. No issues with the adjustment, should be easy a
Carol Hoon
. No plans to build on new lot
. Prefer to go to 6/17 Planning Commission
G.
Amended Conditional Use Permit 03-004; Applicant - Coastal Christian School; Location
-1220 Farroll Road. Staff contact - Jim Bergman.
Proposal - CUP Amendment to allow for the use of temporary buildings until September
30, 2007. Staff Contact: Jim Bergman
. Existing temporary modules are being used, but the school does not want to build
infrastructure on a lot they do not own.
. Currently trying to annex to Pismo
Rob Strong
. Possibly modify requests so there is an annual renewal
. Fire access. is an issue and needs to be improved
. A new hydrant is necessary if the school wants to remain at this location
. Can be processed at 7/1 Planning Commission
H.
Temporary e Permit 03-010; Applicant - Katcho AchadJlan; Representative -Zach
Moran; Locati -1294 Grand Avenue. Staff contact - Kristin Krasnove.
Proposal - Soil d groundwater remediation system to mitigate contamination
associated with the Sl
. Discussed various tions for placement of the system, but location of waste oil tank
and concerns with tra I irculation prohibit any other placement
. Noise issues must be cont . ed.,
Rob
. Should pursue possible permane enclosure for trash receptacles
Zach Moran
. Building roof over compressor, and nOI will be under 71 db
Rob
. Must enclose system until it complies, and w will have someone check it
. Should contact neighbors
. Building permit can be used ater 10 day appeal pe' d.
. Can build accessory structure before that point
. Performance standard in conditions of approval
I.
'-
UESOLUTION NO. 96-1568
A RESOLUTION OF THE PLANNING COMMISSION OF
TIlE CITY OF ARROYO GRANDE ADOPTING A
NEGA TIVE DECLARATION, INSTRUCTING TIlE
SECRETARY TO FILE A NOTICE OF DETERMINATION,
AND APPROVING CONDITIONAL USEIJERMIT CASE NO.
89-459,8 AMENDMENT HI, APPLIED FOR BY COASTAL
CHRISTIAN SCHOOL, AT 1220 FARROLL A VENUE
I WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 89-459, Amendment'Hl, filed by Coastal Christian School,
to add three modular buildings to serve as kindergarten and high school classrooms; and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with City Code; and
WHEREAS, the Planning Commission has found that this project is consistent willl the
. General Plan and the environmental documents associated therewith; and
WHEREAS, the Planning Commission has reviewed the draft negative declaration under
the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and the Arroyo Grande Rules and Procedures for Implementation to CEQA; and
,
,
WHEREAS, the Planning Commission finds after due study, deliberation and public
hearing, the following circumstances exist:
Conditional Use Permit Findings:
1. rite proposed use is permitted within the sllQject district pursuant to the provisions of
Section 9-03.050 of the Development Code, and complies with all applicable provisions
I 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 or the district in which it
is to be established or located. .'
The site is suitable for the type and intensity of use or development that is proposed. ....
3.
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.
. Depaltment of Fish and Game Requil'ed Findings of Exemption:
.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. 89-459, Amendment HI.
I
Resolution No. 96-1568
Conditional Use Pet'mit Cas~ No. 89-459, Amendment #1
Caastal Christian School, 1220 Fart'oll A venue
July 2, 1996 ,
Page 2
2. Based on the initial study, a negative declaration drafted for review by the public and
review and approval by the Planning Commission.
3. Aner holding a public hearing pursuant to State and City Codes, and considering the
record as a whole the Planning Commission adopted the negative declaration and fQund I
that there is no substantial evidence of any significant adverse effect, either individually I
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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby adopts a negative declaration, instructs the Secretary to file a Notice of
Determination, and approves CondiLional Use Permit Case No. 89-459, Amendment #1 with the
above findings and subject to the conditions as set forth in Allachment "A", attached hereto and
incorporated herein by lhis reference.
On motion by Commissioner Deviny, seconded by Commissio!,!er Tappan, and by the
following roll call vote, to wit:
,
AYES: Commissioners Deviny, tappan, Beck, Lubin and Keen
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 2nd day of July, 1996.
,
I
ATTEST:
J~~ .~
A TO CONTENT:
I
ll. €\~\
rto-Blanck, Community Development Director
I
,
-,----~-----_._._.._,._- ,----...-.. ._-~._._.._-_._-_..- ..'-......., "''''''''...-
-",':;..1 -. . " 13T
~" 1 .
.
f RESOLUTION NO. 2334
A RESOLUTION OF TOE CITY COUNCILOr TOE CITY
OF ARROYO GRANDE APPROVING CONDITIONAL USE I'ERHYT
CASE NO. 89-459, ArnIED FOR DY COASTAL CIIRISTIAN
SCIlOOL. 1220 "ARROLL AVF.NUE. FOR A rIlIVATF: SCIIOOl,
IN TilE R-3 ZONF., AND ADOM'IHG A NEGATIVJ-~ nJ-:CLARATlON.
VIIEREAS, the City Council of the City of Arroyo Grande has considered an
application by Coastal Christian School for a private elemcntary sChool in the
R-J, Hultiple Family Residential zone at 1220 Farroll Avenue: and
VnEREAS, the city Council has found that this project is consistent with
the General Plan and environmental documents associated therewith: and
VIIERF.AS, the City Council finds that there are no adverse environmental
impacts and adopto a Negative Declaration: and
VIIF.REAS, the city Council instructs the City Clerk to file a Notice of
Determination: and
VIIEREAS, the Planning Commission of the City of Arroyo Grande has held a
pUblic hearing on the project and has recommended approval of the project to the
City Council: and
VIIF.RFJ\S, the City Council finds, at tel' due study, deliberation and public
hearing, the following circumstances exist:
1. The proposed use is consistent with the General Plan's statement and
intent and does not appear to hamper implementation of the future
qeneral plan.
2. The proposed use is consiotent with the zoning designation.
J. The site is adequate in shape and size for the proposed use, as it
can meet all of the parking requirements.
4. The site does have adequate access, per the conditions of approval.
5. The proposed use wi 11 not have an adverse effect on the use of
surrounding property because appropriate conditions have been
incorporated into the resolution of approval.
6. The design and layout of tbe proposed use is suitable because
i adequate provisions for setbacks, access an circulation have been
incorporated into the project design.
7. The propooed use is not likely to cause substantial and considerable
damage to the natural environment including fioh, wildlife or their
habitat and, therefore, staff has prepared a Negative Declaration
I tor adoption.
I
,
HOV, TDEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
, Grande hereby approves said Condi tiona! Use Permit , subject to appropriate
I standard conditions ot the city of Arroyo Grande, and the following additional
conditions:
.
Planning Depart.ent
1. .Development shall occur in substantial conformance with the pIano . ..
approved by the City Council on August 22, 1989 and Harked Exhibit
.tA" ,
2. ExiDtinq fencing Dhall be removed and a nev board or chain link fence
or concrete block wall shall be constructed along the easterly
property line prior to occupancy.
I J. The parkinq lot shall be striped and bumper blocks installed as shown
, on Exhibit "A" prior to occupancy.
4. A trash enclosure shall be constructed at a site approved by the
Planning Director, prior to occupancy.
- itcsoJ.ution ljj4 e 1 :3 9
General Condition
18. The applicant shall asc~rtain and,comply with the requirements of
all state. county and local agencies as are applicable to this
project.
19. This Conditional Use Per.it shall expire on June 30. 1993 unless the
perDlit is revoked by the Planning Co_lsalon at an earlier date due
to pUblic or safety concerns.
20... . EnrollDlentfor,C~astalcChrhtiaJlS~hool'<Pre::-K cthrou1)h6th qrade)
~, "'shall noteiceed i'IS.studen'tiilri'any<oneCsch"ool\:year?..,';.
On motion by Council Member Olsen . seconded by Council Member smith. "
and by the following roll call vote. to wit:
AYES: Council Members Olsen, 9nith. Moots and Mayor Millis
NOES: None
AB8F.H'r: Council Member DoU9all
the foregoinq Resolution was adopted this22ndday of hugust . 1989.
. .
--; QA~: Z~ L,~
~Mlt.LIS ~ . V
Kayor
ATTEST: APPROVED AS TO FORM:
t7 11. .~ -
NANCY ^~
city Clerk
I, N1\OCY h. DJ\VIS, City Clerk of the City of 1\rrOyo Grande, County
of San Luis Obispo, St:ate of California, do hereby certify under penalty
of perjury that the foregoing Resolutiori No. 23~4 is a true, full and
correct copy of said Resolution passed and adopted at a regular treeting
of said Oouncil on the 22nd day of ~gust, 1989.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 31st day of hugust, 1989. ~
Or. t1~a.~
st. CITY CJ..ERK '
c~ .
PIa
-..-.. ---
----
~
1.;.1; 1.: .
mmDI'ICN W. 89-1239
A REroIIJrICN OF 11m PIANNOO CIMtfiSSICN OF' 11m
cm 00 ARBJrO GWIE RHDtftIH)OO API!f.UIAL CF
CXH>ITICNAL mE PEIttfiT CASE ID. 89-459, APPLIED
lOt Bf.<n\STAI, ClUSI'IAN~, 1220 PARlILL
AVENCB, lOt A PRIVA'IE ~ IN 11m R-3 2CNB.
~, the Planning Cbmnrlssion of the City of Arroyo Grande has
considered an application by CbastalChristian School for a private elementary
school in the R-3, MUltiple Family Residential zone at 1220 Farroll Avenue; and
\\HmmAS, the Planning Cbmnrlssion has found that this project is
. consistent with the General Plan and environnental docunents associated therewi th;
and
~, the Planning Calmission finds, after due study, deliberation
and public hearing, the. following circumstances exist:
1. 'The proposed use is consistent with the General Plan's statement
and intent.
2. 'The proposed use is consistent with the zoning designation.
3. The site is adequate in shape and size for the proposed use, as it
can meet all of the parking requirements.
4. 'The site does have adequate access, per the condi tlons of approval.
5. 'The proposed use ~ill not have an adverse effect on the use of
surrounding property because appropriate conditions have been
incorporated into the resolution of approval.
6. 'The design and layout of the proposed use is suitable. because
adequate provisions for setbacks, access and ci rculation have been
incorporated into the project design.
7. 'The proposed use is not likely to cause substantial and
considerable damage to the natural environment including fish,
wildlife or their habitat and, therefore, staff has prepared a
Negative Declaration for adoption.
I'
lUY, '.wBwf.t(I(H, BE ITREOCI.VED that the Planning Cbmnrl ss ion of the Ci ty
of Arroyo Grande hereby approves sai d CondJ tional Use Permit, subject to
appropriate standard conditions of the City of Arroyo Grande, and the following
additional conditions: .
Planning Department
1. Development shall occur in subs tant ial conformance wi th the plans approved
by the Planning Cannlssion on August 15, 1989 and Marked Exhibit "A".
2. Existing fencing shall be removed and a new board or chain link fence or
concrete block wall shall be constructed along the easterly property line
prior to occupancy.
3. 'The parking lot. shall be striped and bumper blocks Installed as shOwn on
Exhibit "A" prior to occupancy.
4. A trash enclosure shall be constructed at a site approved by the Planning
Director, prior to occupancy.
5. All Improvements shown on ~ibit "An shall be constructed pr ior to
occupancy.
6. Appropriate signage/street stenci Is shall be installed, to the
satisfaction of the Public Works Director, to direct traffic flow within
the parking lot, prior to. occupancy.
7. 'This conditional use permit shall be reviewed at the first Planning
Cbmnrlsslon meeting in June to determine whether there are any public or
safety concerns due to the operation of the school. In the event that there
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are public or safety concerns which need to be addressed through a public
hearing, the applicant shall request and pay for a public hearing. If the
concerns cannot be resolved, the Planning Cannission may revoke the
conditional use permit.
1f~ft'9 ~P~V)~,P~ ~~~P~'~'9P~
. 8. Construct a 100 foot long centerline on each leg"of Farroll Avenue at the
intersection of South Elm Street.
* 9. The center line trans i tion on the south leg of the South Elm Street/Far roll
Avenue intersection shall be lengthened to a minimum of 50 feet and the old
IIS'JOPII pavement marking: be eradicated.
* 10. Parking shall be prohibited and curbs be painted red within 50 feet of the
South Ebn Street/Farroll Avenue intersection on all legs.
Public Works Department
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* 11. The applicant shall dedicate of necessary right of way for widening of
Farroll Avenue prior to occupancy.
* 12. The applicant shall dedicate a ten foot (101) wide easement for street tree
planting purposes, and public utilities along Farroll Avenue prior to
occupancy.
13. No bus parking on Farroll Avenue shall be allowed.
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* 14. The applicant shall install a street light as required by the Ci ty to P.G. &:
E. standards prior to occupancy.
Police Department
15. The applicant shall request, prior to occupancy, the Parking and Traffic
Ccmnission to post Farroll Road frontage "No Stopping or Parking" during
school hours.
Building Department
16. 'The applicant shall meet with representatives of Building and Fire
Department to conduct an on-site walk-thru of facilities, prior to any
construction, alteration or occupancy. Items of major concern are:
a) alarm system
b) panic hardware
c) accessing
d) general site condition
Fire Department
17. Fire and BulldingDepartment officials shall conduct anon-site inspection
to develop necessary conditions. No permi ts or plans or occupancy to be
approved or accepted until this item is completed.
. General Condition
, . 18. The applicant shall ascertain and comply with the requirements of all
state, county and local agencies .as are applicable to this project.
* If these conditions cannot be satisfied prior to occupancy, the applicants shall
enter into an agreement wi ththeCi ty and/or submi t a bond for the improvements to the
satisfaction of the Public Works Director.
On motion by Ccmnissioner Carr, seconded by Ccmnissioner Gallagher, and by
the following roll call vote, to wit:
4YES: CannissionersCarr, Brandy, Gallagher and Acting C:1ai rman
Soto
N:m: None
AESENl': Cannissioners "Flores, Moore and Clairman Gerrish
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the foregoing Resolution was adopted this 15th day of August 1989.
ATIESTs ~,-_.~~
Mary ~ Leining John 0 .
Canni ssion Clerk Act ing OIai rman
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A TTACHl\IIENT II All
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CONDmONS OF APPROVAL
CONDmONAL USE PERMIT NO. 89-459, Ai\1ENDl\1ENT 1i1
COASTAL CHRISTIAJ.'l SCHOOL .
1220 Farroll Avenue
GENERALCOND~ONS
COMJ.\1UNITY DEVELOPJ.\IffiNT DEPARThfENT
This approval authorizes the addition of three 24'x40' modular buildings to serve as kindergarten
and high school classrooms.
l. The applicant shall as~ertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all original conditions of approval for Conditional Use
Pennit Case No. 89-459.
" Amended Conditional Use Permit No.. 89-459 shall be reviewed by the Planning
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Commission at the first regular meeting in July, 1998. However, the temporary modular
units shall not be permitted after July, 2001. After this date, the applicant may apply for:
th~ necessary permits to replace the tempo~ buildings ~th more permanent facilities.
4. .. Development. shall occur in substantial conformance with the plans pr~nted to the
Planning Commission at the meeting of ruly 2, 1996 and marked Exhibit It A" .
TREES
5. Prior to issuance of grading permit and during construction the applicant shall
comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance.
DEVELOPMENT CODE
6. Development shall conform with thePF zoning requirements, exc...."t as otherwise
approved.
7. Prior to issuance of a certificate of occupancy, all ducts, meters, air conditioning
equipment and all other mechanical equipment, whether on the ground, on the structure
or elsewhere, shall be screened from public view with materials architecturally
compatible with the main structure. It is especially important that gas. and electric.
meters, electric transformers, and large water piping systems be completely screened
from public view. . All roof-mounted equipment which gene..~tes noise, solid particles,
odors, etcetera, shall cause the objectionable material to be directed away from
residential prope...~es.
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7a. Prior to occupancy, the applicant shall increase the height of 'tu~ fence adjacent to 455
and ~51 Golden West Place to a maximum of six (6) feet.
Th. All. security lighting shall. be directed on-site.
PARKS Ai'ID RECREATION DEPARThIENT CONDmONS
LANDSCAPING
8. Prior to issuance of building permit, a landscaping and irrigation plan for the south
facing wall qf Buildings 2 and 3 shall be prepared by a licensed landscape architect
subject to review and approval by the Community Developmen~Police, Building and
Fire, and Parks and Recreation Dep3.I"tments. 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;
c. The required landscapin~ 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;
(3) All slopes 2:1 or greater shall have jute mesh, nylon mesh or equivaleI1:t
material; and
(4) An automated irrigation system.
TREE PRESERVATION PLAN
9. All trees on the construction site to be preserved shall be protected under the. conditions
of the Community Tree Ordinance (431 C.S.) which include but are not limited to:
(1) No mechanical trenching witJrin the drip line of a ~, unless approved by the
Parks and Recreation Director.
(2) No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree.
(3) No grading shall occur under a trees cIWline, unless approved by th.e Parks and
Recreation Director..
(4) A five foot (5') protective fence shall be constructed a minimum of 8' from the
trunk of each ~.
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SPECIAL CONDmONS
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10. Landscaping shall be planted on south side of buildings facing the parking lot, to the
,satisfaction of the Parks and Recreation Director..
BUILDING AL'ID FIRE DEPARThIENT CONDmONS
UBC/UFC
fL The p'roject 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
AIroyo Grande.
12. All roofs shall be class "A It.
FIRE LANES
13. Prior to issuance of- a certificate of occupancy J all fire lanes must be posted and
enforced, per Section 22500.1 or the California Vehicle Code as well as Police
Department and Fire Department guidelii1es:
CONSTRUCTION TAX
14. Prior to issuance ofa Certificate of Occupancy, applicant shall pay a construction tax
pursuant to Article 5; Chapter 3, Title 3 of the Arroyo Grande ~funi~ Code.
ABANDO~~/NON-CONFORNrrNG
15. Prior to issuance of a grading permit or building permi~ whichever occurs IJISt,
applicant shall show proof of properly abandoning all non-coriforming items such as
septic tanks, wells, underground piping and other undesirable 'conditions.
PUBLIC WORKS DEPARThIENT CONDmONS
All conditions of approval herein specified, unless otherwise noted, are to be
complied with prior to the issuance of a certificate of occupancy.
STREETS
16. The applicant shall offer for dedication to the public by separate document
a. An easement for road widening purposes, measuring 7 f~t from edge of right-of-
way along Farrall Avenue (This condition shall supersede Condition No. 11" of
Resolution No. 2334); and
b. An additional 6 foot easement shall be dedicated adjacent to the street right-of-
way for public utilities, cabJe TV, telephone, tree planting and maintenance.
(This condition shall supersede ConQition No. 12 of Resolution No. 2334.)
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17. All grading shall be done in accordance With Anoyo Grande Grading Ordinance No. 303
C.S.-, . .
STORM DRAINAGE .
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18. The site plan does not address grading and drainage. The applicant shall submit a basic
grading plan for review and approval by - the Public Works Department and the
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Community Development Department prior to issuance of building permits.
ENGINEERING
SPECIAL CONDmONS
19. Applicant to pay drainage fees per adopted City Resolution No. 1866.
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. MINUTES A~t~~;'ment 2
PLANNING COMMISSION
AUGUST 19, 20
RESOLUTION NO. 03-1897
A RESOLUTION OF PLANNING COMMISSION OF THE CITY OF ARROYO
GRANDE RECOMMENDI THAT THE CITY COUNCIL AMEND MUNICIPAL
CODE SECTIOKN 10.16.010. CHAPTER 10.16 OF TITLE 10 AND SECTION
16.56.030 IN CHAPTER 16.56 0 ITLE 16 TO PROHIBIT PARKING IN FRONT
(STREET) YARDS
The motion was approved on the following roll call
AYES: Commissioners Brown, Keen, Arnold, Fow
NOES: None
ABSENT: None
The foregoing Resolution was adopted on the 19th day of August 2003.
PUBLIC HEARING ITEM II.D. - AMENDED CONDITIONAL USE PERMIT CASE NO. 03-
004; APPLICANT - COASTAL CHRISTIAN SCHOOL; LOCATION - 1220 FARROLL
AVE. Staff report prepared and presented by Planning Intern, Jim Bergman.
Mr. Bergman gave an overview of the request to extend the use of temporary buildings on a
yearly basis and explaining that for the last ten years they have been trying to move the
school to property they own that is currently in the process of being annexed to Pismo
Beach. When the Staff Advisory Committee reviewed the proposal the applicant was
advised that two fire hydrants should be installed for protection of life and property and the
fact they the new school building may not be ready for 2-3 years.
Commission Questions:
. Asked for clarification of where the proposed on-site location of the fire hydrants
would be.
Mr. Bergman clarified where the hydrants would be located explaining that all portions of the
building need to be within 300 feet of a fire hydrant.
Chair Guthrie opened the Public Hearing.
Lance Tullis, 236 Garden Street, representative, stated the history, explaining why it would
probably be 18 -24 months before they would be able to move. He further stated that they
did not want to jeopardize public safety, but explained why they were requesting that they
only be required to install one fire hydrant in the Farroll Road area and that their CUP be
reviewed on an annual basis.
Commissioner Brown asked if one fire hydrant was acceptable to the Fire Chief? Mr.
Strong explained why two hydrants were nee~ed.
Mr. Tullis said because of the cost this is a dilemma and that the school opens in two
weeks.
Chair Guthrie closed the Public Hearing.
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. MINUTES PAGE 6
PLANNING COMMISSION
AUGUST 19, 2003
After further discussion with staff and Commission the following motion was made:
Commissioner Keen made a motion, seconded by Commissioner Arnold to recommend
approval of the Amended Conditional Use Permit with the following conditions:
1. The Conditional Use Permit to be reviewed each year.
2. Conditions No. 7 & 8: Language added to reflect that the applicant shall install two
fire hydrants or other solution acceptable to the Fire Chief... and posting of a
performance bond....
and adopt:
RESOLUTION 03-1898
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT
03-004 LOCATED AT 1220 FARROLL AVENUE, APPLIED FOR BY
COASTAL CHRISTIAN SCHOOL
The motion was approved on the following roll call vote:
AYES: Commissioners Keen, Arnold, Brown, Fowler and Chair Guthrie
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 19th day of August, 2003.
The Commission took a 5-minute break.
PUBLIC HEARING ITEM II.E. - GENERAL PLAN AMENDMENT CASE NO. 03-002,
GENERAL PLAN AMENDMENT CASE. NO. 03-003 AND DEVELOPMENT CODE
AMENDMENT CASE NO. 03-005. Staff report prepared and presented by Teresa McClish.
Ms. McClish gave her presentation and update from the staff report, st . 9 that as a first
priority staff is bringing forward the General Plan Amendment concer . g the redesignation
of the four concerned properties and the amendment regarding mitigation requirements
prior to bringing forward the implementing Ordinances; a second priority, staff is
proposing that these ordinances be continued and (f at the Planning Commission
October 7, and the City Council November 2 and staff may recommend further
continuation. Ms. McClish then gave more ail regarding the redesignated parcels
considered by the City as prime agricultur properties and stated that as such and in
accordance with the General Plan, an would have to be prepared and overriding
considerations would have to be opted prior to future conversions if proposed.
Additionally, in respect to three he properties proposed to be redesignated, Land Use
Element policy LU 5-13 is ~ osed to be deleted in its entirety. The 2001 General Plan
Mitigation Policy is prop CI to be revised to require permanent protection in the form of a
dedication of a perpe I agricultural conservation easement or other effective mechanism
for conversion of as having prime farmland soils, at a ratio of up to 2:1 instead of 1:1 with
regard to the a age of land removed from the capability for agricultural uses.
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Attachment 3
APPEAL TO THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE
Date~~J . . . . ..
Name and Address of ....ppellant ~ 7i/J.AI ~ . 7t 6~,- e ,(,r..1fT7"fP ~.'--
/B-:N ~JL;Iuf, 41!Oto ~NIJ<;. CA-
Appeal of /t11f(ql/f.-fi.(~ LbI'fl:>/r70N t) j-tJlJ,/
Case No.
c-APPtove~enied by, . ?-t-f1vN~,.J,,(JA{NISS/t)I\/. on '~7VJr 17; ~() 5.
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. .ReasonforAppeal'. ;Dt--cf~~ g~ .~~. . .11>,eLL~,vO~AI&f-
.... .~ (,; '. ;~.::t,j~'./..;L U:":;'"A.,-;~.i:'1;.f:;?';);;:.:;:c:;',:"";' {).Y::j(;.;;):;:';"'~\:1::'::i\;\~::;,~;~'.::;,~,<";i~1':'':"'j:~.;" .';~,;';;. {_or): ;,;.. '\ ;,..~,:,.:.;::;~,~ .~,:. :;..;;' :. ..,::. :>~, ;,' ,1...;: ..;.
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Mailing Address ..... /~~~k .~... ~, t;hWJ'IM-- ~1'fJ-D
Telephone ~~t'.Ljfr,,'l~.5.
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Fee- $195:00 .Receipt No. .()I''':'()ICr8.d.a~ ..
Dat~ . <t!9,c1j O~
ministrative' Services/Deputy City Clerk
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COASTAL CHRISTIAN SCHOOL
1220 FARROll AVENUE
ARROYO GRANDE, CA 93420
August 27, 2003 Telephone 805-489- 1213
FAX 805-489-5394
Members of the City Council of the City of Arroyo Grande
214 E Branch Street
Arroyo Grande, CA 93421
Dear Sirs or Madams:
Thank you for your time. I would like to exercise the right to appeal a condition set forth by the
Planning Commission to allow the continuation of portable classrooms at our school site. The
specific item I would like to appeal is found on "Exhibit N' of correspondence dated August 20,
2003, Required Improvements: #8:
The: applicant shall install two fire: hydrants, one: on the: stre:e:t dire:ctly in front of thesubje:ct propaty and
one: locate:d inside: the: propaty be:twe:en the: e:xisting chapd and sanctuary and the: school campus or
similar installations to the: satisfaction of the: Fire: Chie:! .
Weare in agreement and will comply with the requirement for the initial hydrant at the street,
but the requirement for the second hydrant needs further evaluation.
I would like the City Council to consider amending this requirement for the following reasons:
l. The first hydrant meets the City's requirement to have hydrant's placed within 300 feet
of each other.
2. The location of the first hydrant meets the engineering requirements of the City's fire
engines.
a. Each fire engine that carries hose and is designed to fight structural fires carries
approximately 600 feet of hose. The furthest distance that one of the modular
buildings would be from the hydrant at the street is approximately 350 feet.
Thus, providing an additional 150 feet of available hose. (See Visual"N')
3. The second hydrant would not provide a ~ignificant difference in time or water supply to
a fire truck that would be fighting a fire in one of the existing modular buildings.
a. In other words, the difference in time that it would take for trained fire fighters
to drop fire hose and hook up to a hydrant at the street or at the rear of parking
lot could not be significantly more than a few seconds.
b. It is my understanding that fire fighters use the term "friction loss" when
describing the loss of pressure and water due to the distance water must travel
from a fire hydrant to a truck. The engines that the Fire Department currently
operate are able to pump water at similar rates, whether or not the hydrant is
100, 200,300 or even 500 feet away from the truck. Therefore, the second
hydrant would not significantly reduce what is called friction loss.
~ c:>ur s~h~ol is ~ .!!1,:m.ber ~f.the. .
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4. The initial reason for the requirement of a second hydrant was contingent upon the
expansion of our school site. (See item #:.5, page 2, of a letter dated April 21, 2000.)
a. The specific language states: Revi~ re:quirement: afta- three: years the: proposed proje:ct
will be: re:vi~e:d. Requirements that are: waive:d at this time: be:cause: of the: tanporary nature: of
the: buildings would then be: addre:sse:d including re:trofitting buildings for sprinkla-s and a fire:
hydrant location.
b. This language communicates two things. First, the review requirement was
based on the expansion of our school site. Secondly, even the language of the
review requirement did not specify two hydrants, but a single hydrant.
5. '.tVe have been placed in an occupancy situation that is beyond our control. It is not our
desire to expand the 1220 Farroll A venue school site nor raise the occupancy level. We
want to occupy the school site that we currently own and vacate the U20 Farroll Avenue
site as soon as possible. Our property is being annexed into the City of Pismo Beach, and
should have finalization within six months. The details of this annexation process can
be verified by the Planning Commission of Pismo Beach. We already received Planning
Commission approval by a vote 4,0 to approve the annexation. The City Council has the
project under review.
Please, I am asking for the mercy of the council to amend this requirement. If pu blic safety were
clearly in jeopardy, then I would not have a defense. If the requirement were set forth initially
under the previous conditional use permits, then I would not have a defense. However, the
second hydrant and retrofitting were only contingent upon site expansion. I am asking the
council to uphold that requirement, if and only if, we apply for site expansion or for an
occupancy increase.
Again, I tl1ank you for your time and the public service you provide to matters such as these.
Attachments: 3
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Attachment 4
MEMORANDUM
TO: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR
FROM: TERRY FIBICH, DIRECTOR OF BUILDING AND FIRE ~
SUBJECT: FIRE HYDRANT REQUIREMENT -COASTAL CHRISTIAN
DATE: 17 OCTOBER 2003
As a condition related to the approval of Amended Conditional Use Permit 03-004, the
placement of 2 fire hydrants has been required for the purpose of life safety and
protection of property.
Coastal Christian School (the "School") has operated at 1220 Farroll Avenue during the
past years by benefit of a Conditional Use Permit. As this Conditional Use Permit was
extended the renewal was generally approved with the spoken understanding that the
School was in the process of working toward the acquisition of property outside of the
City for relocation of their facilities. As this most recent application for extension was
presented, it was again portrayed by the applicant that the School was very close to
receiving necessary approval for their relocation.
Because of the location and number of children and staff using the present facility, a
need for fire protection certainly exists. In fact, if the facility were to be built today in its
present location, minimally the entire facility would be required to have automatic fire
sprinklers installed. Partially because of different fire code regulations in effect earlier,
and because of the City's willingness to allow short-term exceptions to be made because
of moving plans being imminent, the School has been allowed to operate without the
imposition of this latest requirement.
Because of continued delays, and further uncertainty regarding the positive ultimate date
of relocation, the Condition for provision of two hydrants was recently made. It is
believed that if necessary approvals were given today, relocation could still be at least a
year off.
Presently, two hydrants exist in the neighborhood surrounding the School location. One
is located at the corner of Golden West and Farroll, approximately 650 feet from the
closest point of the School buildings. The second hydrant is located at the corner of
Carmella and Farroll, approximately 450 feet from the closest point of the school
buildings. The School's Condition requires placement of one hydrant at the street
frontage of the property on which the School is located, and a second hydrant
approximately 300 feet distant from Farroll, toward the rear of the property. A
requirement for two new hydrants was arrived at by calculating available water supply
Page 2-Coastal Christian Hydrant Appeal
through the City water main, fire flow requirements necessary for the structures and
property on which the School is located, and the location of the structures on the
property.
The Department of Building and Fire remains committed to providing the highest level of
protection to our citizens, especially the students entrusted to our care by parents that
expect that uncompromised level of protection.
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CITY OF ARROYO GRANDE
CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a Public Hearing
on the following item:
Development Code Amendment Case No. 02-001 and Vesting Tentative Tract Map Case No. 02-
005; Applicant - Don McHaney; Location - Grace Lane; Royal Oaks Planned Development; Lot 182 and
portion of Lot B, Tract 1390.
The City Council will review a proposal to subdivide a 29.46-acre property into fifteen (15) residential lots
ranging in size from 0.41 to 1.14 acres and designate a 15.95-acre area as perpetual open space. Also
proposed is the development of four (4) moderate-income family residences on a 1.28-acre site adjacent
to the open space parcel.
In compliance with the California Environmental Quality Act, the Community Development Department
has prepared a Mitigated Negative Declaration on the above project. The Mitigated Negative Declaration
is available for review at the Community Development Department, City of Arroyo Grande. If the City
Council do~s not feel that a Mitigated Negative Declaration is appropriate, project approval will not be
considered.
Any person affected or concerned by this. application 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 planning
commission at, or prior to, the public hearing.
Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the
action of the legislative body for which the notice was given.
Date and Time of Hearing: TUESDAY OCTOBER 28, 2003 - 7:00 P.M.
Place of Hearing: CITY COUNCIL CHAMBERS
215 E. BRANCH STREET
ARROYO GRANDE, CA 93420
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Kelly Wetmore, Director of Administrative Services!
Deputy City Clerk
Publish 1T, Friday, October 17, 2003
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MEMORANDUM
TO: CITY COUNCIL
FROM: ~~ KELLY HEFFERNON, ACTING COMMUNITY DEVELOPMENT
DIRECTOR
SUBJECT: CONSIDERATION OF A AN ORDINANCE AMENDING ORDINANCE
NO. 355 C.S. AND APPROVING DEVELOPMENT CODE AMENDMENT
02-001, AND A RESIDENTIAL SUBDIVISION OF A 29.46-ACRE SITE
INTO 15 SINGLE FAMILY LOTS, 2 OPEN SPACE PARCELS, AND A
1.28-ACRE PARCEL FOR FUTURE DEVELOPMENT OF FOUR (4)
MODERATE-INCOME UNITS FOR PROPERTY LOCATED WITHIN THE
ROYAL OAKS PLANNED DEVELOPMENT; LOT 182 AND PORTION OF
LOT B, TRACT 1390; DON MCHANEY
DATE: OCTOBER 28, 2003
RECOMMENDATION:
It is recommended the City Council introduce the attached Ordinance amending
Ordinance No. 355 and approving Development Code Amendment 02-001 and adopt
the attached Resolution approving Vesting Tentative Tract Map 02-005.
FUNDING:
No direct City costs related to the subject rezoning and residential subdivision.
DISCUSSION:
The Planning Commission adopted a Resolution on October 7, 2003 recommending
City Council approval of the proposed project (see Attachment 1 for meeting minutes).
Backaround
The 29-acre site is located within the Royal Oaks Planned Development (PO 1.3) area
accessed by a proposed public street called Grace Lane to the north and Rodeo Drive
to the south. Surrounding land uses include the Grace Bible Church and single family
homes to the north, single family homes within the Rancho Grande Planned Development
to the west, and mostly undeveloped County owned PF, Government Center property, and
St. Patrick's Parochial School to the south and east. Further to the east are single-family
residences along Rodeo Drive. The site is currently vacant. Site topography ranges from
relatively flat terrace areas with weeds and grasses to steeply sloped banks thick with
native shrubs and oak trees within a "Tree Preservation" easement.
The Royal Oaks Planned Development was established in 1987 by Ordinance 355 C.S.
(Attachment 2) and was later amended by the following Ordinances (Attachments 3-8):
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CITY COUNCIL
OCTOBER 28, 2003
DCA 02001 & VTTM 02-005
PAGE 2
Ordinance No. Title
356 Amending 355 C.S. Re: Lot A and Via La Barranca Drainage
System in Royal Oaks Estates
358 Amending Lot A, and Lots 34-40 Lot Lines in Royal Oaks Estates
384 Sidewalk Construction in Royal Oaks Subdivision
406 Amending Ordinance No. 355 C.S. Royal Oaks Estates to Modify
Exhibit "A"
418 Amending Ord. No. 355 C.S. Royal Oaks Estates
430 Amending Ordinance 355 C.S. by Allowing a Church on Lot S,
Royal Oaks
449 Amending Ordinance No. 355 C.S. "Royal Oaks Estates" by
Allowing a Church on Lot 184 and Approving and Adopting Specific
Development Plan 91-05
Lots "B", 182 and 184 were zoned specifically for "single family estate homes" allowing
only one dwelling unit per lot. The 2001 General Plan changed the land use of these
lots from PO 1.3 residential estate lots to Residential Single Family Low Density with a
Planned Development overlay (RSF-LD-PD), allowing up to one dwelling unit per acre.
The Program EIR for the General Plan pages EIR-44 to 46 (Attachment 9) discussed
alternatives and the Plan allowed this SFR-LD-PD to contain a maximum of 20 dwelling
units, exclusive of any density bonus.
Previous Proiect
In 1997, the project site was considered for a 38-lot residential subdivision known as
"Rodeo Heights" (see Attachment 10 for tentative map). A Draft Environmental Impact
Report was prepared for the project (August 1998) but was never certified. The project
was instead placed on hold pending completion of the General Plan Update.
Pre-Application
The City Council considered a pre-application for this property on May 28, 2002 (see
Attachments 11 for meeting minutes). The pre-application included a residential
subdivision of fifteen (15) lots and dedication of roughly 17 acres as open space to the
City for habitat protection and passive recreation. The applicant argued that
architectural design standards should not be imposed since the homes would be
custom built. Planning Commission and City Council provided favorable comments
about the project, but voiced concerns about localized traffic impacts, street design,
driveway configuration and safety of cars backing into the street, soil erosion, and
recreation facilities on site.
Proiect Description
Similar to the pre-application submittal, the developer proposes to subdivide the
property into 15 residential lots ranging in size from 0.41 to 1.14 acres, and designate a
0.47-acre area and a15.95-acre area as perpetual open space (proposed Lots A and B).
Also proposed is the development of four (4) moderate-income family residences on a
--
CITY COUNCIL
OCTOBER 28, 2003
DCA 02001 & VTTM 02-005
PAGE 3
1.28-acre site (Lot C) adjacent to the open space parcel and Grace Church overflow
parking lot. Although the affordable housing component of this project will be processed
through a separate application, the intent is to have two (2) duplexes that emulate the
architectural style of proposed fifteen (15) residences, and resemble the bulk and mass
of two (2) residences instead of four (4). The proposed Development Code Amendment
would change the zoning from PD 1.3 "estate lots" to Residential Rural Planned
Development (RR-PD), corresponding with the Land Use designation approved in 2001.
Grace Bible Church has submitted a letter verifying its cooperation with project offsite
and roadway improvements, and with providing an access easement to benefit Lot C
(see letters from the Church included as Attachments 12 and 13). Granting of the
easement is contingent upon the Grace Lane alignment modified to not impact the
existing parking on the Church property. The tentative map has been modified to
eliminate on-street parking along the curve adjacent to the Church property.
General Plan Consistency
The General Plan Land Use Map designates the project site as both "Planned
Development" with an underlying land use of Single Family Residential Low Density
(LD), and "Conservation Open Space" (C/OS). The 15.95-acre open space parcel,
delineated for the specific purpose for protecting the native vegetation and natural
drainage swale that traverse the site, has the added benefit of separating the proposed
development from the other developed Royal Oaks properties. The Land Use Element
states under . implementation measure LU2-2.1 that to accommodate cluster
developments on residential hillside areas, a maximum density of 0.67 dwelling units
per acre is appropriate. Clustered subdivisions are encouraged in order to retain
steeper slopes, drainage, natural vegetation and other site features as Conservation
Open Space. With 29.5 acres and 19 parcels, the density is 0.64 dwelling units per
acre, consistent with LU2-2.1.
The General Plan also discusses the need for recreational trails throughout the City.
Specifically under Implementation Measure PR4-1.1, development proposals are to be
reviewed for consistency with the Parks and Recreation Element (PRE) and require
easements, dedications, and improvements when necessary for the establishment of
pedestrian trails. The existing informal pathway currently located within the open space
area is generally identified in the PRE. Staff therefore recommends that the project be
conditioned to record a 10-foot wide easement for pedestrian access only (proposed
Condition of Approval No.7). The exact location of the trail would be determined at a
later date within that 10-foot area. The intent of creating a more formalized trail is to
more clearly depict where people are to walk and in so doing, further protect the open
space area. The trail would be constructed and maintained via a maintenance
agreement or Home Owners Association. To accomplish this, an access easement will
also be required across Lot C. If a formal trail is not established, the City will miss a
recreational opportunity given that the access will be eliminated with the development of
LotC.
CITY COUNCIL
OCTOBER 28, 2003
DCA 02001 & VTTM 02-005
PAGE 4
ISSUES:
Affordable HousinQ
To satisfy affordable housing requirements, the applicant must either set aside 25% of
the units, or four (4) units, as affordable for moderate-income households, dedicate
buildable land sufficient to construct the units, or pay an in-lieu fee. The City Council
has indicated that payment of the in-lieu fee is an option only if all other alternatives
have been exhausted. In this case, a 1.28-acre area has been identified as adequate to
accommodate the four (4) units as shown on Attachment 14. The applicant is therefore
proposing that this 1.28-acre parcel (Lot C) be developed with the affordable units,
secured with a restrictive covenant as mitigation for higher income development.
To ensure that the site is adequate for constructing the affordable units, Condition of
Approval No. 8 of the Vesting Tentative Tract Map requires that the applicant
demonstrate the buildability of Lot C prior to recording the final map (excerpt below). If
the site proves buildable, then the applicant shall record a restrictive covenant on Lot C
that it be developed with a minimum of four (4) housing units affordable to. moderate-
income households (for reference, a 3-bedroom moderate-income home currently sells
for $294,679, and a family of four earns an annual moderate income of $69,250). The
applicant must also have active building permits for the affordable units prior to the City
issuing a certificate of occupancy for the custom homes. If Lot C does not prove
buildable, the applicant shall submit an amendment to the Vesting Tentative Tract Map
indicating other alternatives to satisfy the affordable housing requirement. In sum, the
issue of where and how the affordable housing is constructed must be resolved prior to
recording the final map.
VITM Condition of Approval NO.8:
Prior to recording the final map, the applicant shall demonstrate the
buildability of Lot C (through soils testing and foundation engineering). If
the site is buildable, the applicant shall then record a restrictive covenant
on Lot C that it be developed with a minimum of four (4) housing units
affordable to moderate-income households. Prior to issuing a
certificate of occupancy for the custom home lots, building permits must
be issued for the four (4) affordable housing units and construction
started. If the site is not buildable, the applicant shall submit an
amendment to the Vesting Tentative Tract Map indicating other
alternatives to satisfy the affordable housing requirement.
It should be noted that the affordable units could be detached and constructed similar in
design to the existing PD 1.3 patio homes as an alternative to the attached duplexes
shown on the conceptual plans. It should be further noted that if the Council chooses
the payment of in-lieu fees as an alternative to on or off-site construction of the
affordable units, the fees could be calculated based upon the 2001 Housing Element,
which includes a policy that equates the in-lieu fee to 3% of the estimated value of new
CITY COUNCIL
OCTOBER 28, 2003
DCA 02001 & VTTM 02-005
PAGE 5
construction (see policy H1-7.1 below). In-lieu fees could range from roughly $100,000
to $200,000 for the entire project depending on the size of the homes. The fee
calculations are based on $90 per square of living area and $24 per square foot of
garage area for each home. As an example, a 2,500 square foot house with a 500
square foot garage would require an in-lieu fee of $7,125. The in-lieu fee for fifteen (15)
homes of the same size would then equate to $106,875. An increase to the fee is under
consideration as part of the 2003 Housing Element Update process, but has not yet
been implemented.
2001 Housing Element Policy H 1-7.1 :
Such low and moderate-income housing units may be either for rent or
sale, but shall remain affordable for a term to be determined on a case-by-
case basis but not less than 10 years. Sites on which fewer than 12 units
are allowed shall be expected from on-site construction requirements, but
the City shall consider an "in-lieu affordable housing fee" payment instead
of low and moderate-income housing construction. The fee shall be equal
to 3% of the estimated value of new construction as computed for building
permit, and utilized by the City for qualified Iowan d moderate income
housing construction, site acquisition, rehabilitation or acquisition of such
units.
Gradina and Drainaae
Considerable grading has occurred in the past on the portion of the site proposed for
development, including a large flat terraced area near the top (northwestem) portion of the
property and a dirt road at the base of the western slope (see Attachment 15 for site
topography). The imported fill soils on the site appear to erode easily given the damage
that has occurred in areas where surface runoff is concentrated and where drainage
devices or erosion protection is absent. An example is the deep eroded channel located
at the base of the cut slope along the dirt road.
As identified on the Design Guidelines Plan (Attachment 16), the proposed building pads
are located on the flatter portion of the property adjacent to Grace Lane extension to
minimize grading. However, because of the high potential for further erosion of fill areas,
all existing features at the site subject to slippage and erosion must be repaired, and
drainage devices and corrective grading must be incorporated to prevent the uncontrolled
concentration of surface runoff. Conditions of Approval No. 82-93 for the Vesting
Tentative Tract Map and Mitigation Measures NO.2 and 3 address grading and drainage
issues.
Environmental Assessment
Staff has reviewed this project in compliance with the. California Environmental Quality
Act (CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and
Procedures for Implementation of CEQA. Based on the review, staff does not anticipate
that this project will have a significant effect on the environment. Therefore, staff has
CITY COUNCIL
OCTOBER 28, 2003
DCA 02001 & VTTM 02..Q05
PAGE 6
prepared a negative declaration with mitigation measures for Council's consideration
(Attachment 17).
Public Comments
A public hearing notice was sent to all property owners within the Royal Oaks Estates
Planned Development and within 300 feet of the Planned Development boundary. A
public notice was also placed in the Times-Press-Recorder. To date, staff has received
three (3) written comments expressing concerns about the project (Attachments 18 - 20).
AL TERNA TIVES:
The following alternatives are presented for Council's consideration:
- Adopt the Resolution and introduce the proposed Ordinance as
recommended by the Planning Commission; or
- Modify as appropriate and reintroduce; or
- Do not adopt and provide direction to staff.
Attachments:
1. Planning Commission Meeting Minutes of October 7, 2003
2. Ordinance 355 C.S.
3. Ordinance 356 C.S.
4. Ordinance 358 C.S.
5. Ordinance 406 C.S.
6. Ordinance 418 C.S.
7. Ordinance 430 C.S.
8. Ordinance 449 C.S.
9. Program EIR for the General Plan pages EIR-44 to 46
10. Tentative Map for "Rodeo Heights"
11. City Council Meeting Minutes of May 28, 2002
12. Letter from Grace Bible Church dated February 10, 2003
13. Letter from Grace Bible Church dated August 28, 2003
14. Conceptual plans for moderate-income units on Lot C
15. Design Guidelines Plan
16. Map of Site Topography
17. Initial Study
Attachment A: Soils Analysis by Leighton and Associates, Inc.
Attachment B: Biological Resources Report: prepared for the Rodeo
Heights Project
Attachment C: Fuel Modification Specifications
18. Letter from Mr. & Mrs. Howard Hildreth dated September 30, 2003
19. Letter from Mr. & Mrs. Berlin dated October 6, 2003
20. Letter from John Smith dated October 6, 2003
S:\COMMUNITY _DEVELOPMENT\PROJECTS\TTM\Grace Lane\CC rpt.doc
----~
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING ORDINANCE NO. 355
C.S. "ROYAL OAKS ESTATES" TO INCREASE THE
MAXIMUM ALLOWED DENSITY WITHIN THE PLANNED
DEVELOPMENT, AND AMENDING THE ZONING MAP TO
DESIGNATE THE SUBJECT PROPERTY AS
RESIDENTIAL RURAL (RR) WITH A PLANNED
DEVELOPMENT OVERLAY; DEVELOPMENT CODE
AMENDMENT 02-001, APPLIED FOR BY DON McHANEY,
FOR PROPERTY LOCATED ON GRACE LANE (LOT 182
AND PORTION OF LOT B OF TRACT 1390)
WHEREAS, the City of Arroyo Grande Zoning Map indicates that the subject 29.46-acre
property is located within the Royal Oaks Planned Development (PO 1.3) and designated
as "Estate Homes" in Ordinance No. 355 C.S., an Appendix to the Development Code;
and
WHEREAS, the applicant, Don McHaney, has filed an application for Development Code
Amendment 02-001 to amend Ordinance No. 355 C.S., changing the zoning designation
for the subject property to Residential Rural with a Planned Development overlay (RR-
PO) allowing one dwelling unit per acre; and
WHEREAS, adoption of the proposed zoning designation would establish land use,
development and design standards for the subject property; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed
Development Code Amendment 02-001 at a duly noticed public hearing on October 7,
2003, in accordance with the Development Code of the City of Arroyo Grande at which
time all interested persons were given the opportunity to be heard; and
WHEREAS, the City Council of the City of Arroyo Grande has considered Development
Code Amendment 02-001 at a duly noticed public hearing on October 28, 2003, in
accordance with the Development Code of the City of Arroyo Grande at which time all
interested persons were given the opportunity to be heard; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearings, staff reports, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
A. Based on the information contained in the staff report and accompanying
materials, the proposed Development Code Amendment is consistent with the
goals, objectives, policies, and programs of the General Plan and is necessary and
desirable to implement the provisions of the General Plan.
ORDINANCE NO.
PAGE 2
B. The proposed Development Code Amendment will not adversely affect the public
health, safety, and welfare or result in an illogical land use pattern. The proposed
Low Density development is consistent with the surrounding development within
the Royal Oaks and Rancho Grande Planned Developments and will not impact
public services beyond what the General Plan anticipates for this area.
C. The proposed Development Code Amendment is consistent with the purpose and
intent of the Development Code. Low density residential development within the
project area would be required to meet development and design standards under
the RR zoning designation that insures orderly development.
D. The potential environmental impacts of the proposed Development Code
Amendment were consider4ed as part of the 2001 General Plan Program EIR, and
are less than significant.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande,
as follows:
SECTION l' The above recitals and findings are true and correct.
SECTION 2' Ordinance 355 C.S., as previously amended, is hereby amended as shown
in Exhibit "A" attached hereto and incorporated herein by reference.
SECTION 3: Development Code Section 16.24.020 is hereby amended as shown in
Exhibit liB" attached hereto and incorporated herein by reference.
SECTION 4' If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection, .
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
.
SECTION 5' Upon adoption of this Ordinance, the Director of Administrative Services
shall file a Notice of Determination.
SECTION 6' 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.
ORDINANCE NO.
PAGE 3
SECTION 7: This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of 2003.
___..._e__._._._____._._
ORDINANCE NO.
PAGE 4
TONY 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
S:\COMMUNITY _DEVELOPMENT\PROJECTS\TTM\Grace Lane\CC DCA Ord.doc
EXHIBIT A TO ORDINANCE
AMENDMENTS TO ROYAL OAKS PLANNED DEVELOPMENT (PD 1.3)
1. Section 2, entitled "Development Provisions," Subsection 3, is hereby
amended to read as follows:
This Planned Development amendment approves a maximum allowed
density of 249 dwelling units. Any change or amendment of the uses
authorized herein shall constitute a rezoning. and shall require an amendment
of this ordinance. The final tract map shall contain the following restrictions:
Approved Residential Density
Lots Dwelling Units
Drainage and Park A 0
Patio Homes 11-100 & 157 100
Single Family Homes 1-11, 110-156, 131
158-181,
183 & 185-233
Estate Homes B & 184 2
Custom Homes 182 15
Agriculture C 1
235 249
2. Section 2, entitled "Development Provisions," Subsection 5, is hereby
amended to read as follows:
Land use shall be consistent with the approved development plan and the
standards of the R4-RR, single family residential district for all lots except 11- I
109, aAEl-157, 182 and Lot B and Lots A, Band C. Lots 11-109 and 157 shall
be allowed site and lot width, coverage and yard variations pursuant to
Section 9.4.611 ofthe R 1 District 16.32.050 ofthe Municipal Code. Lot A
shall be a drainage and park-recreation site. Lots 182 and 184, Lot Band
Lot C af&-is intended as an individual single family estate lots, eaGA-restricted
to one single family dwelling unit and residential related, accessory or
agricultural uses allowed in the R-A zone. Residential Agricultural (R-A) uses
permitted are:
A. Single -family dwellings, one per building site:
B. Light farming, except commercial dairies, commercial rabbit, fox, goat, or
hog farms, or commercial chicken or poultry ranches;
",-_...__..,.~",."-._-
C. Livestock limited to two (2) animals only when combined with a 8.3
District. A like number of animals may be permitted for additional acreage.
Pens or fencing used for the housing of such animals shall be located not
less than 150 feet from the boundary of the Residential Agricultural (R-A)
District;
D. Crop and tree farming;
E. One noncommercial guest house; except where there is an existing
second residential dwelling unit.
F. Mobile homes subject to the provisions of Municipal Code Section
16.48.100 4.24.5.1_5.1. /\ publio elementary sohool on Lot B may be
permitted pursuant to rezoning prooeduFes. The UMC/\ and/or alternative
institutional uses on Lots 182, 184 and B may be oonsidered pursuant to
PD amendment, zone change prooedUFes, but in no event shall additional
rosidontial re subdivision be oonsidered.
3. Section 2, entitled "Development Provisions," Subsection 8 is hereby
amended to read as follows:
8. The planned development shall be constructed in two phases.
Phase I. The initial and first phase of planned development shall be called Phase I.
Phase I development shall permit the concurrent development of all public and
private improvements identified on-site and within the area defined as Phase I upon
the approved tentative tract map, plus all off-site improvements, excepting liE"
Street. Phase I improvements shall include the construction of all patio and other
homes contained within the Phase I tentative tract map area, but shall exclude
construction of building upon Lots B, C, 182 and 184. Grading, drainage and non-
building improvements may take .place upon Lots B, C, 182 and 184 according to
approved City plans during Phase I. Building oonstruction upon Lots B, C, 182 and
184 . shall require Council detailed site plan review and approval prior to
commenooment.
No building permits shall be issued for Phase I development until after City
acceptance of all water system improvements and until the developer provides the
City Council with a construction schedule which Council, in its sole judgment,
determines shall provide for the total completion and City acceptance of any on and
off-site improvements required in Phase I.
Prior to commencing Phase I development, the developer shall provide the Public
Works Director with a five-year construction bond guarantee sufficient to cover off-
site liE" Street public improvements to be constructed in Phase II.
Developer is permitted to grade in the Phase II area during Phase I according to
the grading plan approved by the Public Works Director and only for purposes of
transporting excess fill from the Phase II area to the Phase I area.
Phase II. The second and final phase of the planned development shall be
completed after Phase I. Phase II development shall permit the concurrent
development of all public and private improvements identified on-site and within the
area defined as Phase II upon the approved tentative map, plus oft-site "E" Street.
Phase II improvements shall include the construction of all homes contained within
the Phase II tentative tract map area.
No building permits shall be issued for Phase II development until the developer
provides the City Council with a construction schedule which Council, in its sole
judgment, determines shall provide for the total completion and City acceptance of
all on- and oft-site public improvements prior to, or concurrent with, the completion
of any residential housing proposed upon said schedule. In no event shall the City
issue occupancy permits for residential buildings prior to City acceptance of all
public on and oft-site improvements required in Phase II.
4. Exhibit "A" (map) of Ordinance 355 C.S. is hereby amended to read as
follows:
Notes:
ZONING
1. Lot A zoned PD Drainage and Park
2. Lot C zoned PD Agriculture
3. Lots 1-10,110-156,158-181,183 and 185-233 zoned PD Single Family
Homes
4. Lots 11-109 and 157 zoned PD Patio Homes
5. Lots 182 and B zoned PD Single Family Estate Homes and Conservation
Open Space. Lots 182 and B to be developed as a cluster subdivision in
order to retain slopes. drainage. vegetation. and to provide opportunities for
open space and recreational facilities.
6. Lot 184 zoned PD Sinale Familv Estate Homes and may include-f9F an
institutional use
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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 VESTING
TENTATIVE TRACT MAP CASE NO. 02-005, LOCATED ON
GRACE LANE (LOT 182 & PORTION OF LOT B OF TRACT
1390), APPLIED FOR BY DON McHANEY
WHEREAS, the City Council of the City of Arroyo Grande held a public hearing on
Vesting Tentative Tract Map 02-005, filed by Don McHaney, to subdivide a 29.46-acre
property into fifteen (15) residential lots, two (2) open space parcels, and a 1.28-acre
parcel for future development of four (4) moderate-income units in accordance with 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 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:
Tentative Tract Map Findings:
1. The proposed tentative tract map is consistent with the goals, objectives, policies,
plans, programs, intent, and requirements of the General Plan map and text, and
the requirements of the Development Code, as amended pe~ Development Code
Amendment 02-001.
2. The site, as shown on the tentative tract map, is physically suitable for the
proposed density because all necessary easements, parking, open space, and
setbacks can be provided.
3. The design of the tentative tract map or the proposed improvements are not likely
to cause substantial damage to the natural environment, including fish, wildlife or
their habitat.
4. The design of the subdivision or proposed improvements is not likely to cause
public health problems.
5. The design of the tentative tract 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 tract map or that alternate easements for
access or for use will be provided, and that these alternative easements will be
substantially equivalent to ones previously acquired by the public.
RESOLUTION NO.
PAGE 2
6. The discharge of waste from the proposed subdivision into an existing community
sewer system will not result in violation of existing requirements a prescribed in
Division 7 (commencing with Section 13000) of the California Water Code.
7. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative tract map to support project development.
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 Vesting
Tentative Tract Map No. 02-005.
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 Planning Commission 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 negative declaration with mitigation measures, instructs the
Director of Administrative Services to file a Notice of Determination, and approves Vesting
Tentative Tract Map 02-005, with the above findings and subject to the conditions of
approval as set forth in Exhibit "A", attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution shall become effective on the effective
date of Ordinance No.
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 2003.
- . -----~_._.._-'_._.-
RESOLUTION NO.
PAGE 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
",--"'.,,~~'''--
RESOLUTION NO.
PAGE 4
EXHIBIT A
CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT MAP 02-005
Don McHaney
Grace Lane
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the subdivision of a 29.46-acre property into 15 residential lots
ranging in size from 0.41 to 1.14 acres, two open space lots consisting of 0.47 and
15.95 acres (proposed Lots A and B), and a 1.28-acre parcel for the development of
four (4) moderate-income family residences.
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
Tract Map 0,2-005 and Development Code Amendment 02-001.
3. This tentative map approval shall automatically expire on unless the
final map is recorded or an extension is granted pursuant to Section 16.12.140 of
the Development Code.
4. Development shall occur in substantial conformance with the tentative map
presented to the City Council at the meeting of and marked Exhibit
"B" except as modified by these conditions of approval.
5. The applicant shall, as a condition of approval of this tentative 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.
SPECIAl CONDITIONS
6. A Design Review application shall be submitted for each proposed residence to
determine consistency with the approved Design Guidelines for this project. The
Architectural Review Committee shall consider each Design Review application
and make a recommendation to the Community Development Director.
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RESOLUTION NO.
PAGE 5
7. Prior to issuance of a building permit, the applicant shall record a 10-foot wide
easement across the open space property (Lot B) and the affordable housing
parcel (Lot C) that generally coincides with the existing informal pathway that
traverses the property. The easement shall be reserved for pedestrian access
only. The applicant shall also submit plans for trail improvements. Trail
maintenance shall be the responsibility of the property owner through either a
maintenance district or homeowners association (HOA).
8. a. The applicant shall allocate a minimum of 25% of the units, or four (4)
units, for moderate-income households.
b. Prior to recording the final map, the applicant shall demonstrate the
buildability of Lot C (through soils testing and foundation engineering). If the City
reasonably determines that Lot C is buildable, the applicant shall construct the
units and record a restrictive covenant on Lot C that it be developed with four (4)
housing units affordable to moderate-income households. Prior to issuing a
certificate of occupancy for any other lot, building permits must be issued for the
four (4) affordable housing units and construction started. If the City determines
that the site is not puildable, the applicant shall submit an amendment to the
Vesting Tentative Tract Map indicating other alternatives to comply with Condition
8(a) above.
NOISE
9. Construction shall be limited to between the hours of lam and 7pm Monday
through Saturday. No construction shall occur on Sunday.
DEVELOPMENT CODE
10. Development shall conform to the Residential Rural (RR) zoning requirements
except as otherwise approved.
11. All fences and/or walls shall not exceed six feet (6') in height unless otherwise
approved with a Minor Exception or Variance application.
12. The developer shall comply with Development Code Chapter 16.20, "Land
Divisions" .
13. The developer shall comply with Development Code Chapter 16.64, "Dedications,
Fees and Reservations."
PRIOR TO ISSUANCE OF GRADING PERMIT
14. All walls, including screening and retaining walls, shall be compatible with the
approved architecture and Development Code Standards, and shall be no more
than 3 feet in height in the front setback area, subject to the review and approval of
the Community Development Director.
"'~""'-"'-""'''"'''''''"'''''''>-
RESOLUTION NO.
PAGE 6
15. The applicant shall s.ubmit a perimeter-fencing plan showing all perimeter fences
and/or walls. The perimeter-fencing plan shall be approved by the Community
Development Director. Perimeter fencing shall generally be 6 feet high, unless
otherwise approved with these conditions. Any existing fencing may be used
subject to the approval of the Community Development Director.
PRIOR TO RECORDING THE FINAL MAP
16. To ensure that all common areas and facilities are adequately maintained within
the subdivision (including, but not limited to, the open space parcels, pedestrian
trail, and drainage facilities), the applicant shall either submit a proposed
agreement for the formation of a Maintenance District, or Covenants, Conditions
and Restrictions (CC&R's) that are administered by a subdivision homeowners'
association and formed by the applicant. All proposed documents for maintaining
the common areas shall be reviewed and approved by the City Attorney and
recorded with the final map.
17. A landscaping and irrigation plan shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development and
Parks and Recreation Departments. The landscaping plan shall include the
following for all public street frontages and common landscaped areas:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment; .
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) All slopes 2:1 or greater shall have jute mesh, nylon mesh or
equivalent material.
(4) An automated irrigation system.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
18. All fencing shall be installed.
PARKS AND RECREATION' DEPARTMENT CONDITIONS
19. The applicant shall comply with the provisions of Ordinance 521 C.S., the
Community Tree Ordinance.
20. Linear root barriers shall be used at the front of the project to protect the
sidewalks.
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RESOLUTION NO.
PAGE 7
21. All street front trees shall be 24-inch box and shall be located a minimum of one
(1) tree for every sev~nty-five feet (75') of street frontage.
BUILDING AND FIRE DEPARTMENT CONDITIONS
UBC/UFC
22. 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.
FIRE LANES
23. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FIRE FLOW/FIRE HYDRANTS
24. Project .shall have a minimum fire flow of 1,000 gallons per minute for a duration of
2 hours.
25. Prior to bringing combustibles on site, fire hydrants shall be installed 300 feet
apart, per Fire Department and Public Works Department standards. Locations
shall be approved by the Fire Chief. .
FIRE SPRINKLERS
26. All units must be fully sprinklered per Building and Fire Department guidelines.
ARANDONMENT/NON-CONFORMING
27. Prior to issuance of a grading permit or building permit, whichever occurs first,
the applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
OTHER PERMITS
28. Prior to issuance of a building permit, County Health Department approval is
required for well abandonment.
PUBLIC WORKS DEP.ARTMENT CONDITIONS
All Public WorKs Department conditions. of approval as listed below are to be complied
with prior to recording the map or finalizing the permit, unless specifically noted otherwise.
"--"--^""''''''"'>''''-.-
RESOLUTION NO.
PAGE 8
GENERAL CONDITIONS
29. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations
or as directed by the Director of Community Development or the Director of
Public Works.
30. The developer or contractor shall refrain from performing and work that requires
City inspections outside of normal business hours (Monday through Friday, 7 AM.
to 5 P.M.). The City may hold the developer or contractor responsible for any
expenses incurred by the City due to work outside of these hours.
IMPROVEMENT PLANS
31. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
32. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved
improvement plans for inspection purposes during construction.
33. Submit as-built plans at the completion of the project or improvements as directed
by the Director of Public Works. One (1) set of mylar prints and an electronic
version on CD in AutoCAD format shall be required.
34. The following Improvement plans shall be prepared by a registered Civil Engineer
and approved by the Public Works Department:
a. Grading, drainage and erosion control,
b. Street paving, curb, gutter and sidewalk,
c. Public utilities,
d. Water and sewer,
e. Landscaping and irrigation,
f. Any other improvements as required by the Director of Public Works
35. The site plan shall include the following:
. a. The location and size of all existing .and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
b. The location, quantity and size of all existing and proposed sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the property.
e. The location and dimension of all existing and proposed paved areas.
f. The location of all existing and proposed public or private utilities.
36. Improvement plans shall include plan and profile of existing and proposed streets
and utilities.
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RESOLUTION NO.
PAGE 9
37. Landscape and irrigation plans are required within the public right of way, and shall
be approved by the Community Development and Parks and Recreation
Departments. In addition, The Director of Public Works shall approve any
landscaping or irrigation within a public right of way or otherwise to be maintained
by the City.
WATER
38. Whenever possible, all water mains shall be looped to prevent dead ends. The
Director of Public Works must grant permission to dead end water mains.
39. All new water mains shall be a minimum diameter of 8".
40. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
41. Each parcel shall have separate water meters.
42. Lots using fire sprinklers shall have individual service connections. If the units
are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the
water meters.
43. Existing water services to be abandoned shall be properly abandoned and
capped at the main per the requirements of the Director of Public Works.
44. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
a. Implement an individual water program consisting of retrofitting existing high-flow
plumbing fixtures with low flow devices. 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 Council for approval prior to
implementation: OR,
b. The applicant may pay an in lieu fee of $2,200 for each new residential unit.
45. Install fire-hydrants every three hundred (300) feet along Grace Lane.
SEWER
46. Each parcel shall be provided a separate sewer lateral.
47. All new sewer mains must be a minimum diameter of 8".
48. All new sewer mains shall be pressure tested, balled and mandreled per
Standard Specifications for Public Works Construction "Green book
Specifications", 2003 edition. All sewer mains shall be video inspected with a
video log of all lateral and manhole locations.
49. All sewer laterals within the public right of way must have a minimum slope of
2%.
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RESOLUTION NO.
PAGE 10
50. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
51. Existing sewer laterals to be abandoned shall be properly abandoned and
capped at the main per the requirements of the Director of Public Works.
52. Install sewer manholes at the end of every main, where mains intersect, and at
any grade breaks or direction changes.
53. Extend the sewer main to the northwest to service Lot C.
54. Obtain approval from the South San Luis Obispo County Sanitation District for
the development's impact to District facilities prior to final recordation of the map.
55. Obtain approval from the South San Luis Obispo County Sanitation District prior
to relocation of any District facilities.
56. Comply with any conditions of approval set forth by the South San Luis Obispo
County Sanitation District.
5? Provide paved access to all sanitary sewer manholes.
58. Lift Station No. 6 and all associated site improvements on Avenue de Diamante
shall be removed entirely. The valves, pumps and miscellaneous equipment
shall be salvaged and returned to the City at the discretion of the Public Works
Director.
59. Extend an 8" gravity sewer main from the existing facilities through the tract to
the sewer system proposed in Grace Lane.
PUBLIC UTILITIES
60. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
61. Under ground all existing overhead public utilities on-site and in the street in
accordance with Section 16.68.050 of the Development Code.
62. Underground improvements shall be installed prior to street paving.
63. Submit all improvement plans to the public utility companies for approval and
comment. Utility comments shall be forwarded to. the Director of Public Works
for approval.
64. Submit the Final Map shall to the public utility companies for review and
comment. Utility comments shall be forwarded to the Director of Public Works
for approval.
65. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
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RESOLUTION NO.
PAGE 11
STREETS
66. Obtain approval from the Director of Public Works prior to excavating in any
street recently over-laid or slurry sealed. The Director of Public Works shall
approve the method of repair of any such trenches, which may include, but shall
not be limited to an overlay, slurry seal, or fog seal.
67. All trenching in City streets shall utilize saw cutting. Any over cuts shall be
cleaned and filled with epoxy.
68. All street repairs shall be constructed to City standards.
69. Street structural sections shall be determined by an R-Value soil test, but shall
not be less than 3" of asphalt and 6" of Class II AB.
70. Overlay, slurry seal, . or fog seal any roads dedicated to the City prior to
acceptance by the City may be required as directed by the Director of Public
Works.
71. Streets that shall be designated as a local. streets shall adhere to the following
design standards:
. 40 feet street width from curb to curb.
. 6 feet wide concrete sidewalks with concrete. curb and gutter on
residential side of the street and bench on open space side.
. 52 feet wide right-of-way.
. 25 mile per hour design speed.
. Use a traffic index of 7.0.
. Street lights every 250', alternating sides.
72. Stripe and sign the bike lanes on Grace Lane.
73. Eliminate on-street parking along the curve adjacent to Grace Bible Church
property. The curb along this section shall be painted red.
74. Provide design considerations for traffic calming, including but not limited to:
a. Bulb outs at each end of Grace Lane,
b. Speed humps distributed along Grace Lane.
75. Install "STOP" signs and all associated stenciling and striping at the intersections
of Grace Lane and Rodeo Drive.
CURB, GUTTER, AND SIDEWALK
76. Install new concrete curb, gutter, and sidewalk along residential side of Grace
Lane.
77. Color any such new facilities as directed by the Director of Community
Development or the Director of Public Works.
78. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
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RESOLUTION NO.
PAGE 12
79. Install ADA compliant facilities where necessary.
80. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to
prevent damage due to root growth.
81. Similar to Condition No.7, upgrade the existing informal hiking trail currently
passing through lot 8 and provide a public access easement. This trail is to be
maintained by an assessment district or homeowners association.
GRADING
82. Perform all grading in conformance with the City Grading Ordinance.
83. Submit an updated preliminary soils report 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.
84. Submit a slope stability analysis prepared by a registered Civil Engineer of the
slope below Grace Lane, slopes in the areas designated on the tentative map as
possible previous fill, and the slopes between lots 11 and 12.
85. The soils report shall address the additional storm water runoff anticipated
through the swale adjacent to lot 11 and shall recommend measures for
protecting the slope.
86. Grace Lane shall be set back sufficiently to provide a 6 foot wide bench behind
the back of curb to the top of a theoretical 2:1 (H:V) slope extending down to the
limiting existing grade. No grading of the open space side of the slop is
anticipated.
DRAINAGE
87. All drainage facilities shall be designed to accommodate a 1 DO-year storm flow.
88. All drainage facilities shall be in accordance with the Drainage Master Plan.
89. The project is in Drainage Zone "8" and will require storm water runoff to be
directed to the creeks.
90. Detailed storm water run-off calculations shall be submitted to the Director of
Public Works for review and approval.
91. The applicant shall submit an engineering study regarding flooding related to the
project site as directed by the Director of Public Works. Any portions of the site
subject to flooding from a 1 DO-year storm shall be shown on the recorded map or
other recorded document, and shall be noted as a building restriction.
92. The applicant's engineer shall provide a comprehensive drainage plan
addressing the following:
a. The drainage from Rancho Grande Park,
b. The hillside flow from behind lots 1 - 15,
c. The grading of the existing drainage swale on lot 15, -
d. Adequate drop inlets along Grace Lane,
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RESOLUTION NO.
PAGE 14
PERMITS
104. Obtain an encroachment permit prior to performing any of the following:
a. Performing work in the City right of way.
b. Staging work in the City right of way.
c. Stockpiling material in the City right of way.
d. Storing equipment in the City right of way.
105. Obtain a grading permit prior to commencement of any grading operations on
site.
FEES
106. Pay all required City fees at the time they are due.
107. Impact fees to specific capital improvement projects as determined by the
Director of Public Works.
108. Fees to be paid prior to plan approval
a. Map check fee
b. Plan check for grading plans based on an approved earthwork estimate.
c. Plan check for improvement plans based on an approved construction cost
estimate.
d. Permit Fee for grading plans based on an approved earthwork estimate.
e. Inspection fee of subdivision or public works construction plans based on
an approved construction cost estimate.
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:
(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.
RESOLUTION NO.
PAGE 15
(B) A protest filed pun:~uant 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 ona 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.
AGREEMENTS
109. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
improvements.
110. Subdivision Improvement Agreement: The subdivider shall enter into an
improvement agreement for the completion and guarantee of improvements
required. The improvement agreement shall be on a form acceptable to the City.
111. Covenants, Conditions, and Restrictions (CC&Rs) or formation of a Maintenance
District as required by the City.
BONDS
112. 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 Improvement
securities shall not expire until the City accepts the improvements.
113. Submit an engineer's estimate of quantities for public improvements for review by
the Director of Public Works.
114. Provide bonds or other financial security for the following, to be based upon a
construction cost estimate approved by the Director of Public Works:
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
RESOLUTION NO.
PAGE 16
improvements, and shall be valid for a period of one year after the
acceptance of the improvements.
d. Monumentation: 100% of the estimated cost of setting survey monuments.
This bond may be waived if the developer's surveyor submits to the Director
of Public Works a letter assuring that all monumentation has been set.
OTHER DOCUMENTATION
115. Tax Certificate: 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. The applicant may be required to bond for any unpaid taxes or liens
against the property.
116. Preliminary Title Report: A current preliminary title report shall be submitted to
the Director of Public Works prior to checking the map.
117. Subdivision Guarantee: A current subdivision guarantee shall be submitted to
the Director of Public Works prior to recording the Map.
PRIOR TO ISSUING A BUILDING PERMIT
118. The Final Map shall be recorded with all pertinent conditions of approval satisfied.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
119. All utilities shall be operational.
120. All essential project improvements shall be constructed prior to occupancy. Non-
essential improvements, guaranteed by an agreement and financial securities,
may be constructed after occupancy as directed by the Director of Public Works.
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures 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.
1. A covenant shall be recorded for Lot C specifying that construction of the four (4)
homes on this property shall be restricted to families having a moderate income as
determined by the State Health & Safety Code Section 50093 and converted to
San Luis Obispo County's affordable housing standards. The restrictive covenant
shall specify that the afford ability of the units shall remain for a "rolling" thirty (30)
year period, not to exceed 90 years, through a deed restriction.
RESOLUTION NO.
PAGE 17
Monitoring: The developer shall record the restrictive
covenant regarding the affordability of the four
units on Lot C.
Responsible Depts: Administrative Services and Community
Development Departments
Timeframe: Prior to issuing a building permit
2. The applicant shall submit a preliminary soils report that includes the following:
a. An evaluation of the existing slope supporting the proposed road.
b. An analysis of additional drainage introduced to the existing swale
(Lot A) adjacent to Lot 11 with recommendations for the protection of
the slope bank.
Monitoring: The applicant shall submit a preliminary soils
report
Responsible Dept: Public Works Department
Timeframe: Prior to issuing a grading permit
3. As part of the tract improvements plan check, 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 tract improvement and grading plans
Responsible Dept: Public Works Department
Timeframe: Prior to acceptance of tract improvements for
construction
4. 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 or hot water recirculating systems, and drip
irrigation with drought tolerant landscaping. Water conserving designs and fixtures
shall be installed prior to final occupancy for each residence.
Monitoring: field inspection of each residence
Responsible Dept: Building and fire Department
Timeframe: Prior to issuance of Certificate of Occupancy
5. All tract landscaping shall be consistent with water conservation practices including
the use of drip irrigation, mulch, gravel, bark, and native plantings. To the greatest
extent possible, lawn areas and areas requiring spray irrigation shall be minimized.
Monitoring: Review of landscaping plans
Responsible Dept: Parks and Recreation Department
Timeframe: Prior to construction of tract improvements
RESOLUTION NO.
PAGE 18
6. 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 an 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
7. During construction, water trucks or sprinkler systems shall be used to keep all
areas of vehicle 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.
9. 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.
10. Install wheel washers where vehicles enter and exit unpaved roads on to
streets, or wash off trucks and equipment leaving the site.
11. Sweep streets at the end of each day if visible soil material .is carried on to
adjacent paved roads. Water sweepers with reclaimed water should be used
where feasible.
For measures 7-11:
Monitoring: Review of grading and building plans and site
inspections
Responsible Depts: The Public Works and Building and Fire
Departments shall inspect plans, and the
Community Development Department shall spot
check in the field
Timeframe: Prior to issuance of grading permit
12. The applicant shall pay the City's Traffic Signalization and Transportation Facilities
Impact fees prior to issuance of building permit.
. ..._~'--"_.",.._-~._.
RESOLUTION NO.
PAGE 19
Monitoring: The applicant shall pay the fees
Responsible pept: Building & Fire Department
Timeframe: Prior to issuance of building permit
13. The applicant shall retain an arborist during the grading and construction phases of
the project to ensure tree protection measures are implemented.
Monitoring: Field inspection
Responsible Dept: Parks & Recreation & Community Development
Timeframe: During grading and construction
14. Protective fencing shall be installed around each tree to remain at the dripline, or
as directed in the field by the arborist. The fencing shall be installed prior to any
site clearing, grading, or demolition activities, and shall remain in place until
construction is complete, including landscaping. Weatherproof signs shall be
permanently posted on the fences, stating the following:
Tree Protection Zone
No pArsonnel, AqlJipmAnt, materials, or vAhiclp_~ arA allowed
Do Not move or remove this fence
[Name of arborist or consultant]
[Name and phone number of developer or general contractor]
Monitoring: Field inspection
Responsible Depts: Parks & Recreation, Community Development
Departments
Timeframe: Prior to issuance of grading permit
15. The open space property (Lot B) located on the east side of the project site shall
be maintained through either a Maintenance District or a Homeowners
Association, according to the Fuel Modification Specifications (Attachment C of the
Initial Study).
Monitoring: The applicant shall follow the Fuel Modification
Specifications
Responsible Dept: Building & Fire Department
Timeframe: On-going
16. All construction equipment shall be provided with well-maintained, functional
mufflers to limit noise.
17. All construction activities shall be limited to the hours of 7:00 AM to 7:00 PM
Monday through Saturday. No construction shall occur on Sunday.
RESOLUTION NO.
PAGE 20
18. 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 measurAS 16-18:
Monitoring: Notes shall be placed on the construction plans
referencing the above measures.
Responsible Dept: Public Works Department
Timeframe: During construction
19. Prior to issuance of a building permit, the applicant/developer shall obtain approval
from the South San Luis Obispo County Sanitation District for any development
impacts to district facilities, and pay the project's fair share of impact fees.
Monitoring: The applicant shall obtain approval from the
Sanitation District and pay proportional share of
impact fees, as determined by the Sanitation
District.
Responsible Depts: Public Works/So. SLO County Sanitation Dist.
Timeframe: Prior to recording the final map
20. The applicant/developer shall submit a landscape rehabilitation plan to restore the
. disturbed slopes located on the western portion of the project site. A licensed
landscape architect shall prepare the plan.
Monitoring: The applicant shall submit a landscape
rehabilitation plan.
Responsible Depts: Parks & Recreation and Community
Development Depts.
Timeframe: Prior to issuance of grading permit
21. The applicant/developer shall submit a landscaping and irrigation plan in addition
to site and building plans for each lot through the Design Review process to
ensure proper vegetative screening, building materials and colors.
Monitoring: The applicant/developer shall submit a
Design Review application for each lot.
Responsible Dept: Community Development Dept.
Timeframe: Prior to issuance of building permit
22. The following note shall be placed on the grading and improvement plans for the
Tract:
"In the event that during grading, construction or development of the
project, and archeological resources are uncovered, all work shall be
halted until the City has reviewed the resources for their significance.
If human remains (burials) are encountered, the County Coroner
RESOLUTION NO.
PAGE 21
(781-4513) shall be contacted immediately. The applicant may be
required to . provide archaeological studies and/or mitigation
measures."
Monitoring: Construction plans shall be reviewed prior to
issuance of a grading permit to ensure the note
is in place.
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of grading permit
23. Prior to issuance of building permit, the applicant shall pay all applicable park
development fees to the City.
Monitoring: The applicant shall pay the park development
fees to the City.
Responsible Department: Parks and Recreation Department
Timeframe: Prior to issuance of building permit
S:\COMMUNITY _DEVELOPMENT\PROJECTS\TTM\Grace Lane\CC TIM reso.doc
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PLANNING COMMISSION PAGE 9
MINUTES ATTACHMENT 1
OCTOBER 7, 2003
Chair Guthrie:
. According to the traffic report stacking on Dixson Street would not be a problem.
. Size of the lots on Dixson Street although they are smaller should transition.
. This is a valuable place for a ponding basin, especially given Option B and this could be
fine tuned to allow a couple of other units to be developed.
. Did not think the affordable housing units should be reduced in order to build the
retention basin -unless the affordable units loss could be made up in some way.
Commissioner Keen, referring to Option B, stated if the basin is reduced and there are more
lots he would prefer to see them the houses on the other side and not between the park and
open space.
There was further discussion on the basin with Commissioner Keen stating that he would
like to see something that could be used as open space or as a park.
Commissioner Guthrie addressed the main issues agreed upon.
. 17 affordable units should be required.
. The City should require a maintenance district for the park.
. Option B would be the recommendation of the Commission.
. The road width should be 40 feet (could give up the parkway).
. Commissioner Keen would like to see his comments on the conditions of approval
addressed in writing.
Commissioner Keen made a motion, seconded by Commissioner Arnold, to continue review
of the project to the meeting of October 21,2003.
The motion was approved on the following roll call vote:
AYES: Commissioners Keen, Arnold, Brown and Fowler
NOES: Chair Guthrie
ABSENT: None
PUBLIC HEARING ITEM II.E - DEVELOPMENT CODE AMENDMENT CASE NO. 02-001
& VESTING TENTATIVE TRACE MAP CASE NO. 02-005; APPLICANT - DON
McHANEY; LOCATION - GRACE LANE; ROYAL OAKS PLANNED
DEVELOPMENTMENT; LOT 182 AND PORTION OF LOT B, TRACT 1390. Staff report
prepared and presented by Kelly Heffernon.
Ms. Heffernon using a power point presentation described the proposal to subdivide a
29.46-acre property into fifteen (15) residential lots; designate a 15.95-acre area as
perpetual open space and development of four (4) moderate-income family residences on a
1.28-acre site adjacent to the open space parcel. In conclusion Ms. Heffernon stated that
staff is recommending that the Commission adopt the resolution recommending to the City
Council that they approve the Development Code Amendment and Tentative Tract Map.
After staff answered Commission questions Victor Devens, Public Works addressed the
issue of drainage stating they will be requiring that the applicant's engineer submit a very
comprehensive plan for their review that will show exactly how they plan on dealing with all
the storm water issues.
PLANNING COMMISSION PAGE 10
MINUTES
OCTOBER 7, 2003
Commissioner Arnold asked if the applicant was planning on building the four affordable
units? Ms. Heffernon says that is the intent.
Chair Guthrie opened the Public Hearing.
Craig Smith, representative and architect, addressed some of the issues:
. They had designed an affordable housing component of four units on Parcel 'C' and they
had met with staff and members of Grace Church who were very interested in that
location and they had talked of replicating a similar set of four units on their overflow
parking.
. Conditions of approval:
#84 and the request for a slope stability analysis, lots 11 & 12 and on the north side
should be addressed, but on the south side that is a natural terrain and he did not think
it would be necessary and should be left to the discretion of a soils engineer.
#86, and the request for a 6-foot wide bench behind that area; he did not think this could
be accommodated without disturbing the area, and suggested this also be decided by a
soils engineer.
Victor Devens, explained that there was a concern with slope stability issues and the intent
was not to grade the slope and that the language would be clarified with regard to the
bench. .
Commissioner Brown asked if this project was achievable with the problem of soil stability.
Mr. Smith replied that it should be achievable and that the soils report would be updated.
Commissioner Guthrie asked if the affordable houses would be rentals?
Greg Nester, Developer, answered that the affordable homes were single-family homes and
that in this area they would prefer to be paying the in-lieu fee.
Don Mckuser, 429 Emerald Bay:
. A few years ago he was told that 14 lots were acceptable at this site, but now we have
15 lots plus four affordable homes.
. He had concerns with traffic and the density in the area.
James Cutshaw, 409 Avenida De Diamanta:
. Concerns with traffic - if Grace Lane is a through street this will become a freeway.
. Additional homes will bring many more people, cars, dogs and noise.
. Will bring much grief to homeowners on my street and on Rodeo Drive.
Chair Guthrie closed the Public Hearing.
Commissioner Keen:
. Grace Lane was always intended to be an access road from James Way to West
Branch, and this is one of the reasons this has taken so long to get started.
. Condition #9, consistency of construction hours.
. Condition #58 lift station demolition - what happens to land. Victor Devens replied that it
would remain an easement as there are two City manholes.
. Condition #71 should be clarified to reflect the plan, sidewalk not required on both sides.
~-
PLANNING COMMISSION PAGE 11
MINUTES
OCTOBER 7, 2003
Commissioner Arnold:
. He thought this was a very appropriate use of land.
. He would like to see it spelled out that the affordable units be built, but he was not sure
if it was an appropriate area for them.
. He would like to see the number of speed bumps that would be put in to slow down the
traffic.
. Are the proposed building pads on the plans set. Ms. Heffernon said they are not
allowed to build outside the envelopes shown.
Commissioner Brown:
. He had concerns with the drainage and soils issue - he would like to see a report before
approval.
. He liked the idea of the affordable lots being built concurrently.
. Grace Lane would be an improvement in the area.
Commissioner Guthrie:
. Concern that the affordable houses will be built.
. Concern also with drainage.
. He had no problem with the project going forward with the changes suggested by staff.
Commissioner Keen made a motion, seconded by Commissioner Arnold, to recommend
that the City Council approve Development Code Amendment Case No. 02-001 and
Vesting Tentative Tract Map Case No. 02-005 and adopt:
RESOLUTION NO. 03-1905
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL
APPROVE DEVELOPMENT CODE AMENDMENT 02-001 AND VESTING
TENTATIVE TRACT MAP 02-005 FOR PROPERlY lOCATED WITHIN THE
ROYAL OAKS PLANNED DEVELOPMENT DESCRIBED AS LOT 182 AND A
PORTION OF LOT B OF TRACT 1390, APPLIED FOR BY DON McHANEY
The motion was approved on the following roll call vote:
AYES: Commissioners Keen, Arnold, Brown, Fowler and Chair Guthrie
NOES: None
ABSENT: None
the foregoing resolution was adopted this ih day of October 2003.
PUBLIC HEARING ITEM II.F - AGRICULTURAL CONSERVATION, GENERAL PLAN
AMENDMENT (GPA) CASE NO. 03-003 & DEVELOPMENT CODE AMENDMENT (DCA)
CASE NO. 3-005; APPLICANT - CITY OF ARROYO GRANDE; lOCATION - CITY OF
ARROYO GRANDE. Staff report prepared and presented by Teresa McClish and Assistant
Planner, Jim Bergman.
Consideration of GPA Case No. 03-003 Resolution to create an Agricultural Conservation
Easement Program and an Agricultural Enterprise Program; DCA Case No. 03-005
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355 C.S. A TT ACHMENT 2
ORDINANCE NO. .
AN ORDINANCBOFTHEClTY OF ARROYO GRANDB AMENDINO
A PORTION OF THE ZONING MAP 10 R.ECLASSIFY CERTAIN
. .
PaOPBRTY IN THBClTY OF ARROYO ORANDE AS PeD.,
. .
l"LAHNED DBYBLOfMBNT, FOR A RESlDBHTIAL SUBDIVISION
. . .
WBNTJPIBD AS -ROYAL OAKS ESTATJ.!SII, AND llEPBALJNO
. . .
AND SDPImSEDJNOOBDINANCBB 221 c.s. AND 31'1 c.s.
The City Council ot the City ot Arroyo Grande does ordain as tollows:
.
~.l: 'lbat certain ordinance known as "ZONING ORDINANCE OF THE CITY OF
ARROYO GRANDE", referrecl to In Section .302 of 'J1tle 9, Clapter 4, ot theMW1icipal Code, is
amended so that "PoD." District as shown and desJgnated on the map attached thereto and by this
reference incorporated herein, which map is entitled ~A Section of the Zoning Map of the City of
Arroyo Grande, Amended by Ordinance No. 355 c.s. of the City of Arroyo Grande", and said map and
all notations and references shown thereon shall be as IJI.ICh a part of this ordinance as if the matters
shown on said map were all tully described hereJn, and the districts and zones and boundaries of the
property shown therein fran and alter the effective date of the adoption of this ordinance. The
properties Intended to be rezoned are described In ExhIbit "A" attached hereto. The referred to
property is hereby rezoned frcm "P .D. II Planned Develqxnent, as eStablished by Ordinance No. 221 c.s.
and as amended by Ordinance No. 317 c.s., to "PoD.", Planned Development District as hereinalter
provided.
~2.: DEVELOPMENT PROVISIONS. The f~ provisions shall apply to the planned
deveJopment of the property described In Exhibit "A" attached hereto:
1. PJanned Developnent as provided In Ordinances 221 c.s. and 317 c.s. are hereby
, revoked and superseded deleting reference to Knol1\\OOd or Oak Knolls.
2. Planned DeveJopnent as shown on Exhibit liB" the proposed Tentative Map Tract No.
1390, Royal Oales Fstates, dated May 5, 1987 Incl\&ive of the conditions of approval,
Exhibit "0' dated May 5, 1987 shall be attached as the development plan map depicting
basic circulation, open space, land use and approximlte Jot size. .. . ~ .2. 35' rI1.,,1
Residen- 3. 'Ibis Planned Deve10pnent amencment approves a maxinun alJoweddensity of ~ e.1I ,,/,/1
tial dwelling units. Any ~ or amenanentot the uses authoclzed herein shall consti-
Density and tute a rezoning. and shall req.dre an &menanent of this ordinance.
Institutional The tInal tract map shall contain the f~ notations:
Uaes
Ap(wved R~1 Demity
~1B J>weJJ.q Units
Drainage and Park A 0
Patio Homes 11-109 & 157 100
Single Family Hanes 1-11, 131
110-156,
,
158-181,
183 & 185-233
Fatate llomes B, 182 & 184 3
Agriculture C 1
-
Total 235 235
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64. "U'''. J.No.> '-', 40... W1\.I40't IlIU,Y oe ,.'onvertea to IDStltuliOI1aJ. uses upon approval or
O1y Council alter rezoning public he~. Lot B may be converted to a public
elementary school upon approveJ. of City Council alter rezoning public heming..
Resubdi- 4. Conditions, covenants and restrictions tor the tract shall prohibit resulxlivision ot any
vision lots.
5. Land me sholl be consistent with the approved developnent plan and the standards ot
the R-l, sirWe tamily residential district tor all lots except 11-109, 157, 182 and 184
Lot Uses and Lots A, B and C. Lots 11-109 and 157 shall be allowed site and lot width,
coverage ond yard variations pursuant to Section 9-4.611 or the R-l District. Lot A
I
shall be a drIlinage ond park-recreation site. Lots 182 and 184, Lot B and Lot Core I
Intended os individual s~e tamily estate lots, each restricted to one ~e ramily
dwelling unit ond resldentialreIated, accessory or agricultural UgeS allowed In the R-A
zone. Residential Agricultural (R-A) \lIeS pennitted are:
. A. Slngle-family~, one per building site;
B. Light t~, except carmerclal dairies, ccmnerclal rabbit, tox, goat, or hog ,.
Conrs, or carmercial chicken or poultry ranches;
C. Livestock limited to two (2) anlmaJs only when carblned with a B.3 District. A
like nunDer of animals ImY be pennitted tor additional acreage. Pens or fencing
Uged for the hotIJlng or such anfmaJs shaJ1 be located not less than 150 teet Iran
the bowtdary or the Residential Agricultural (R-A) District;
D. Qop and tree t~
E. One nonconmerclal guest hotIIe; except M1ere there Is an ~ second
residential dwelling unit;
F. MobUe homes subject to the provisions or Municlpel Code Section 9-4.2405.1. A
public elementary school on Lot B rmy be pennitted pursuant to rezoning
procedures. The YMCA and/or alternative institutional UgeS on Lots 182, 184
and B may be considered pursuant to PD amenctuent, zone change procedures, but
In no event shall additional residential resubdfvfsfon be consfdered.
6. Architectural Review or aU proposed homes on Lots 11-109 and 157 shall be
corsidered alter the City Councfl approves this PD smendnent 8nd the tentative map
ror Royal Oaks. Generally, the prelfm[nary lot plans and elevations
Ard1ftee- Invo1~ "Z" and itJn Iota with zero setbacks on side yards tor Lots 11-
tural 109 and 157 are conceptually ac:ceptable. City Councll architectural -
Reviews review on all lots shall Include representative render~ and proposed Conditions,
Cbvenants and Restrictions (c.c.aR.s), which estab1Jsh a developers amdnstered
subdivision Architectural Control Ccmnltteeand describes the proposed architectural
style (s) or theme Cor l10tBlng to be pemitted in the sulxlivlsion. GeneraJJzed
architecturol theme review tor Institutional uses shall be Included with the City's
architectural review and shan Include proposed c.c.aR.s, but not renderir1PJ or
drawings. The developer and/or his architectural review corrmittee shall review each
individual bun~ plan, and the City wD1 approve the developer's general c.c.& R.
plan only..
7. The developer shall make avaDable Lot B, a school site or approximately fourteen
acres adjoining James Way, to Lucia Mar UnflIed School District for the District's
School future construction or an elementary school under tenm jointly agreed upon
Site by the developer and District In their contractural agreement, dated March 10,1987.
Any amendnent of the March 10, 1987 sgreemellt shall require aty Cbuncll
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concurrence.. All: gra~, deveJoprent and access plans of the District and/or
developer tor &we ot the proposed school site shall be approved by the City Council.
S. The planned deve.lo[Xnent. shall be constructed in two phases.
lbIse L '!be initial and first phllse of planned development shall be called PhasEi I.
Ph8se I de~t shall permit the concurrent deve1o(ment ot an public and private
IbIsiq: iIr(Jrovements identified on-slte and within the area defined as Phase I upon the
I apptoved tentative tract map, plus an oft-slte improvements, excepting "E" Street.
I Phase I inpovements shall include tbe construction of all patio and other hanes
contained within the Phase I tentative tract map area, but shall exclude construction
..-" of building upon Lots B, C, 182 and 184. Oradiq:, drainage and non-building
.
improvements may take place upon Lots B, C, 182 and 184 according to approved City
plans dur~ Phase I. BuiJdIng construction upon Lots B, C, 182 and 184 shall require
Council detaDed site plan review and approval prior to coamencement.
No building pennits shall be IsIued tor Phase I development until alter City acceptance
of an water system irq>rovements and until the developer provides the City Council with
a constnICtion schedule which Counc11, in its sole judgement, detennines shall provide
tor the total canpletion and City acceptance ot any on- and otf-site public
irq)rovements prior to, or. concurrent with, the coapletion of an residential housing
proposed upon said schedule. In no event shall the City issue occupancy pennits for
residential buikIings prior to City acceptance of an public on- and off-site
~vments required in Phase L
Prior to ccamencing Phase I deve1o{mmt, the deve10per shall provide the Public Works
Director with a five-yes&' construction bond guarantee sufficient to cover off-site
liE" Street public irq)rovements to be constructed in Phase IL
Developer is pennitted" to grade in the Phase II area during Phase I according to a
.-... gradiq: plan apptoved by the PubUcWorks Director and only for purposes of
transporting excess till tran the Phase II area to the Phase I area.
Phase IL '!be second and final,phase of the planned development shall be ~eted
after"8Jase I. Phase II develqmmt shall permit the concurrent deve1o(xnent of an
public and private irq)rovements identified on-site and within the area defi,l1ed as
Phase II upon the apptoved tentative map, plus oft-site "E" Street. Phase II
iIq)rovements shall include the construction of an hanes contained within the Phase II
tentative tract map area.
No building pennits shall be IsIued tor Phase II deveJopnent until the developer
provides the City Council with a construction schedule which Council, in its sole
;qement, detemUnes shall provide tor the total coapletion and City acceptance of an
00- and ott-s1te public Improvements prior to, or concurrent with, the C01Ip1etion of
any residential housing proposed upon said schedule. In no event shaD the City i$ue
occupancy permits tor residential buJldIngs prior to City acceptance ot an public on-
and ott-s118 ~vements lequired in Phase II.
Iapove- 9. Japovement 88m
ment Ham A. Standord spec1tications tor ~c Works ConstniCtion, latest edition, and all
applicable City StandarcI PJates shall be the project specifications except as
noted otherwise on the approved intIrovement plans. 'I1Ie In1>rovement plans
tor the project shall be prepared by a Calitomia Registered CivU ~er
and shall be approved by the PubUc Works Department prior to recordation of
the final map.
3
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B. I PJans shall include, but not be limited to, grn~, drainoge, sewer, water ond
utility lntJrovements. In additIon, a nnster utility pJan soon be sutmtted
showing the layout and location or n11 the on-site and otl-site utility racility
fntx'ovement or the project, including water, sewer, drainage, gas, electric
and carmunlcation utWties. 'The moster water, sewer and draInage pJan
shall be sulxnfttoo and approved prior to presentation of other fnprovement
pl8ns. 'The pJang suIxnItted shall aJso Include constructfon cost estlmate$,
plan check r~ soDs reports and aU pertinent e~ring design ~- :
caJcuJatfons. The final Imp may not be moo with the City Council unJes9 aU
said intx'ovement plans have been approved by the PubUc Works
Depertment. AU required rights or way or e~ts shall be dedicated to
, the City prior to, or concurrent with, sul:mittaJs ~f the tlnalllllP to the City
Council tor approvaL
10. "'Water, Sewer, street Ttee and Other Nile UtDlt1es
..
Water, Sewer, A. AU lots shau be provided with service tran City water supply. 'I11fs system
Stroot Tree and sholl tie Into the backbone system constructed by RI1ncho Grande and the
Other Nile Royal Oak EWltes developers wD1 be required to pay any _~tl..ht:t1ts with the
Utilities recordation or tfnal map(s). .
B. The subdlvfder shaD JnstaU water Jmfns, tire hydrants and service ]aterals in
contonmnce with the Water Department Stand8rd Design and Spec11'lcatlons
and approved plans. Fire t10w 88 spectnoo by the Fire O1Iet and approval ot
the Public Works Department sholl be avaDable prior to obtafning any
buU~ permits.
C. AU lots shall be served with City sewer. .. .-.
D. In addition to speclOc easements shown on the tentative IIIlP, a six root
eosement along and adjofnlng 10calstreets and a ten root easement along and
adjoining collector streets sbaU be reserved 88 a street tree and public utility
cosement.
Lot 11. Lot Grading
GradIr\t A. Devel~r shall provide the final grades and finish of. residential lots.
c.c.&Rois shall advise future property owners that no turther grading shall
~
be pennitted, other than minor detan grading mrk which requires City
permit.-
B. Lots 220 through 226 shall be developed in natural terrain.-
C. Grading oC Lots 227-232 and Lot 183 shall be redesigned to renect natural
terrain and draJnoge patterns and confonn to cross slope design criterlo..
D. Slope bonks at the rear ot lAts 187-191 and the south side of lAt 205 shall be
designed with variable slopes or 3 to 1 or greater and landscaped in
accordance with approved plan designed by a landscape architect and
installed by the subdivider and maintained os part or the side or rear yardJ oC
the involved lots, to butfer residential deve10pnent trem adjoining ruture .'.
deve10pnent on County property.-
Eo Lot width to depth ratio exceptions are approved Cor those portions or Lots
127 through 130, which extend Into the tree preservation assessment area. .
The rear portion ot Lots 127 through 130 shall be designated and recorded oS a
scenic easement.-
F. Gra~ of Lots 127 through 134 shall be rrodltled to pad the front 125 root
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with the rear slope b8nks reduced to 3 to-lor greater..
G. In deveJopnent ot patio hanes, the tentative map layout Cor retaining wu.lls is
conceptual: When tinal map, aOO/or architectural review ot construction
p1am for structures are resolv~ additional walJs may be pennitted as required.
No wood retaining walJs which intercept slopes at property lines shall be
pennitted.
12- /t.hArvtor-t Well-Head
i A.b8ndoDed A. The deveJopers and the independent soDs engineers shall inspect the s.ite,
I
Well-lIead IOOIlitor grading and, it an abandoned wellhead is found on-site, shall provide
'_"R plans and, upon approval by the City, properly seal and cap said wen..
. 13- GeoenIl Dtain8ge, ~ aod P.miion Q)ntIQl
General A. ~ete grading and drainage plans shall be sulxnitted to and approved by the
Drainage, Public Works Department prior to any final mop. Prior to any s.ite grading or
~and construction,an eJUion control plan and program shall be sua1litted to and
Eraiicn QIotI'Ql approved by the Public Works Department, said plan and program to ack:lre$
specific teaporary and pennanent erosion control me8SW'CS associated wiUI
the project..
B. The subdivider shall pay tor a quaUtied Independent e~er~ consultant
selected by the Cty to review gr~and drainage improvement plLIns,
inspect the site prior to and during an II8jor s.it~ preparation grading. The
subdivider's son engineer shall sutmLt tests and reports to certify all lots as
ready tor construction prior to issuance of building pennits thereon.
(Further site or Jot ~ shall be noted on the final map as prohibited
except for bLlildq and driveway purposes specificalJy approved by the City
pursuant to sublequent permit appUcations.).
-- C. Detailed site gradiqr, drainap iIq;)rovement and erosion control plans for the
entire subdivision and ott-site improvements, including interim grading of any
lots, it proposed, shall be submitted to and approved by the Cty Public Works
.'..D1rector. Qua1Wed independent consultants sha1l be paid for by. the
subdivider but selected by the City. SUch shAll review saki plans and 1Q:;pect
the grading. These plans shall be approved prior to any grading pennits for
any phased developnent. Site grading shall be restricted to the Spring or
SLmner season, April 1st through October 31st, unless otherwise approved by
Council; and require repJantq tor erosion oontrolln accordonce with plans
(npaI'tId by a Jantbcape architect, which win be implemented during October-
NoVUJ1ber and IMintained during at Jeast.one wet season, Noventler through
March, toUowina' sradq to assure IRnInun sJltatlon..
14- Lot A and Via La B8mDca DraiaBge ~
Lot A aod A. '!be developer shall. be recPred to design and comtruct a 5ton1\ drainage
Via La Bamoca retention tac.Wty and other cIraina&e and park ~ac.Wty on Lot A and upon the
DrainIIge Syst8D aty-owned adjacent ott-site P'O{)el'ty as required by the aty CoWlCU.
Iapovernent plans and oontrac~ DUSt be approved by the Public Works
~. ......
Director prior to construction or gr~ for. these facilities..
B. The slope bank behind Lots 34-40 shall be part ot Lot nAil, the proposed
drainage detention basin; the slope bank shall be IOOVed westerly to enable a
drainage swale on site aJcng the east tract boundary into the basin. Slope
bank, swale and besin Jandscaping shall be designed by a ~pe architect
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and installed by the subdivider..
C. The Oty-owncd Via La Barranca drainage property WDS accepted 'by the Oty
Cor both pork and dralnsge purposes. Developer's consultants shn1l sul:mit
specific dralnogc 1and;coplng plam Cor lot A, the adjolnJng Clty-owned VIa.
La Barmnca property and dawnme8ll1 dralno.ge Unes or other mitigating
meosures towards otr-slte drainage deficiencies, where nece5$OJ'y, to the
P\JbUc Works Director and Parks and Recreation Director. The two directors I
-..
sholl review and orlaIyze such p!8n9 to detennlne the adequacy or such plans
tOI
1) mitigate or reduce current-and projected CJoodlng or the streets and &reos
below the ClI'I'Cnt City drainage CacWty and mrks,. and;
2) mitigate or prevent any further Cloodfng or the streets and &reos below
the current City drainage raeDity and mrIcs to be caUged by the pJanned
developnent; and; r:
3) provide recreational opportunities upon the site to the Jnmedlate
neighborhood; and;
4) . how those propcsed recreational opportunitfl!S upon the site COIJt)OI'e with
opportunltfes to be provided by the currenUy aR>fOVed perk deve1qment
plans or the Parks and Recreation Omnfssfon, and;
5) provide security and safety meesuresand durable and sut:stontlAl
fn-Qrovemenbl which can be erficlently and adequately nnfntBined by the
Oty.
The directors shaD subnit a wrItten report oC their Cindings and the
proposed specific plan to the City Cbuncl1 which sholl detennlne prior to ...-"
the issuance ot any gradl~ pennfts, the future ownership and
responsfbWUes tor Lot A, the use ot the Oty-owned Via La BarronC8
drainage and specJtlc park and drainage plan..
15. Int 182 DraInoge s,stem
A. 111E! developer shall be required to design and construct a stonn drainage
Lot 182 retention .cacmty and other drafnoge on Int 182 os required by the City -
Droinoge System Council. In'{X'o~nt plans and contracts roost be approved by the Public
Works Director prior to ~on or grading tor' these CDCWtJes.* .
B. Developer's Consultants shall sumdt specific drninage and landscape plans for
draInoge on Lot 182 to the P\JbUc Works Director. The director shall review
and analyze such plans to detennlne the adequacy or such plans to:
a) mitigate or reduce current and projected noodi~
b) provide security and safety measures and durable and suOOtantive
brprovemenbl which can be efflcienUy and adequately maintained.
'The director shall sul:mlt a written report or his fmding and the proposed
speclfio plan to the City Cbuncn which shaD. detennlne, prior to the Issuance or ..---
any grading pennlts, the future ownership and responsibilities for the drainage
facilities and the acceptability or the proposed specifIc drafnoge plan. * I
16. Both Dndnage Syst.emI
Doth Regsrdlng stann drainage retention capoclty within tot "A" and the adjoIning City
Drainoge drainage retention bAsin, and on Lot 182, evidence of orf-site eoseinents and design ,
Systm8 solutforYI acceptable to the Cty sh8U be sul:mltted to and approved prior to grading or
concurrent wIth nnEll map Improvemenbl plans..
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69
The subdivider shall bond tor, provide and restore all on-site and ott-site drainage
detention basins capacity, remove siltation which occurs and provide general
maintenance ot all drainage tacilities during the three-year period tollowing
acceptance of subdivisiOn ia{Jrovements by the City or folJowing site preparation
gra~. Thereafter, the City shall assume total maintenance responsibilities for same
without benefit of maintenance assessment district..
No 17. No P8rkiIc
I ~ A. "No Parking" signs shall be installed on Halcyon Road in front of Lots 110-
I
... 113, 123 and 1 '18-181, and, it necessary, a street tree and Jandscaping control
. easement shall extend into the 20' front yard of these lots to ~ure adequate
sight distance at the intersection with "F" Way. "No Parking" signs shall be
installed on Halcyon Road in tront of Lot a.-
Park a: 18. Park and Signal Pees
Signal Pees A.' The developer shall contribute fwQ pursuant to the City's park in-lieu fee
and the signal tee ordinances to provide for ott-site park and recreation and
trat'fic iIq>rovements..
Street 19. Street Names
Names A. Street names acceptable to the Fire, Police, Public . Works and Planning
Departmel'its shall be sutmitted prior to or, concurrent with finul map and
iIq>rovement pIaIw. (LIst of possible names available from Planning
Departmel'it). Halcyon Road shall be renamed aIso..
Off-site 20. Off-site JapovemeolB
Japovemeots , A. Any right of way or property aCCJJisitiorw necessary to accaqilish off-site
. ia{Jrovements required as part of this p1aMed development shall be
&CCOIq)Ushed by or excludvely at the expense ot the developer.-
.-- Street 21. Street 'fioee8, J.A~qr and CDdroJs
Trees, A. A detailed on- and off-sate Jandsca~ pJan, including materials
~ and Irrigation plans for street trees and other specific areas of public
a: ContJoJs " concern (along segments of James Way and Halcyon Road), shall be sutmitted
to and approved by the Paries and Recreation Director, prior to any final map
approval. . A rmster fencing plan, including unifonn design along public
streets, shall be part ot the detaDed Jandsca~ plan..
Be Developer shall plant aU lanaicaping materials according to the approved
~ plan, and shall meJntain and repJace, when necessary, aU plantings
for tv.o years after City acceptance of phased public ia{Jrovements.-
C. A water conservation program, particularly including drought resistant
1andsc8pfng, shBJ1 be provided by the developer concurrent with other utWty
plans, such as master water and sewer plans and specitic drainage and park and
street tree ptam..
D. Street trees 8l'IJ/or wUfonn slope bank planting on, or near~ street frontages
shBJ1 be the maintenance responsibJlity of ,the Jot owner, W1less specitically
accepted by the City. In addi~ to specific easements on-site shown on the
tentative map, a six-foot easement, along and adjoining 10cal streets, and a
ten-foot easement, aJoqr and adjoining collector streets, shall be reserved as
a street tree and public utDity easement..
'I
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Stnnd8rd 22. Sbmdard City CbKItiorB
ctty "Standard Conditions ot Approval" tor Tentative MI1~ in the City or Arroyo Grande
amitiom are hereby included lIS it specllically itemized herein..
Surpttll 23. &.rpJ.tII 1\ocpcrty
~ The developer shall note resubdivlsion of the prev:lo\G.y recorded parcelll'lBp involving
the property and note the abondormont or any surplus rights of way or eosements which
are to be eliminated by the finolnmp or Tract No. 1390..
,
24. C1rcuJatlon (Street) S)ostun I .-. I
C1rcuJation The ron~ orr-site and on-site street iJrprovements are to be designed to the
(SCreet) approVB1 or the cny and constructed or improved prior to final mop approvals ond
SystEm occupnncy permits for the appropriate phose or this planned developnent:
, A. West Branch Street
1) ConstnJct and IJrprove West Brench Street from Its temUnus at the South
Qnmty Regional Center eosterly to a connection through Vemen Way
west Bronch St. intersection adjoining the O:mru1ity Center to a mInfnun of two lanes,
including bike Janes on both sides, with concrete curb and gutter on the ..
frecwny side and t~ uspholtic concrete curb on the opposite side
(unless penmnent concrete curb, gutter ond/or sldewa1k exist) rrom the
South County Regionol Center paving end through the Vemon Way Street
intersection in order to caq>lete a street cormection between 001< Park
Road and Grand Avenue and conConn exi..c;Ung street sect.lons with new
construction. West Branch Street Improvements shall include provisions
tor left ond/or right tum Janes at approaches and intersections with
Brisco Rood, HB1cyon Road, "E" Street and Vemon Street. Grading --
shall confonn to the ultimBte road section adopted in City Standards for
West Branch Street, 16S-Ag..
2) The aty shell be responsible tor relocating an City sanitary sewer lines
which rmy be necessary to aCCOlullodate new developer construction in
the West BI'8I'ICb and Vemon interseotion. Whatever water llne
probl!1f1'8 have to be C!OITected, between the South County ReglonB1
Conter eClSterly to a eonnectlon through the Vemon Avenue intersection -
odjolnfng the OmnunIty Center on West Branch Street, wD1 be done by
the City, up to a cast ot $25,000. It the CQSts are more than $25,000, the
developer will pay the extra costs.-
3) The developer shall relocate any other utWties, It necessary.
Developer shall acquire neceSsary right of way at Vernon and West
Branch StreebI tran CaI 'I'ram, prior to construction. The City sholl
provide developer with City-owned right of way at Omnunity Center at
no cost, prior to construction. Developer shall not be responsible tor
construoting a retaining M1l tor the Omnunity Center parking Jot on
West Branch Street 8S a result or street constnlction, nor replaolng lost .-".
Canntmlty Center parkb1t. (Phase 1)-
HalC)'Ol'l B. HB1C)'01'1 Roed
Rood 1) Construct and fJrprove HB1cyon road between West Branch Street and
James Way, 40 fie curb to curb in a 52' right ot ~y. Improvements
include wldenlngs and frontsge fJrprovements across portions of County
property..
a
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, 71
2) Concrete curb and gutter shall be installed on the ~esterly trontage ot
Halcyon Road between West Branch Street and the southern tract.
boundary where pavement wi~ is required. A teIJtXIrary asphaltic
concrete curb wiU be Installed on the easterly fron~ ot Halcyon Road
between West Branch Street and the southem tract boWldary..
3) Access rights to Halcyon Road fran Lots 94-109 shall be offered to the
I city to prevent driveway.s directly onto this residential collector street,
and the f~ and/or landicaping of the slope banks abutting Halcyon
--- Road shall be cIesJ&ned by a landscape architect, installed by the
. subdivider concurrent with street flontage ond shall be maintained as
part of the side or rear yards of involved lots..
4) '1M right of way tot the northern extension of Halcyon road, on which
Lots 1-10 front, shall extend to the north tract bolmdary and an access
denial strip shall be offered to the City to control said comection until
and unless approved by the City CoLmCil. Landscaping shall be designed
by the subdividei' and instalJed conc&aTent with COIWtruction ot Halcyon
Road improvements alter design approved by the ParkS and Recreation
Director and maintained by the City. (Phase 1).
.TIImes Way C. .limes Way
1) James Way shall have an ultimate width of 44 feet of driving surface
between concrttecurb and gutters (including gutter pans) with six-toot
sidewalks (including curb width) on both sides. '1M In1?rovesrent shall be
centered within a 64 foot wide right of way. Street improvements shall
include ell necessary utilities, including cable TV, teJephone and sewer,
in conformance with the approved master utility plan for the subdivision..
. - 2) ~vement requirements between the developnent east and west
property boundaries shall confonn to the ultimate improvement section..
3) ~vement requirements westerly of the tract to Rancho Parkway shall
.. be limited to installation of a. water main, ~ trench potchinc with a
one-inch pavement overlay to be applied on the fLl11 inp'oved width at the
street ~ at the time the water main Is instaDed..
4) ~vanents requJred on the Jength ot James Way easterly of the tract
shall be limited to contOllllBllCe to the exis~ driving lanes and any
drainage !rq>rovements deemed appropriate to prevent erosion of the
appropriate rights of way proposed tor use at the time construction
comnences. ·
5) ~vements of James Way northerly of the subdivision (fronting on the
James parcel wb1chUesoutside the corporate 1Jmlts of the City) have been
volw1teerec1 by the deveJoper torconstnactbn that contonm to the
ultJrnate section ot .road between the east and west tract bowxlaries.
ThIs !rq>rovement Is therefore COI\91derCd a condition to the approval of
the rezonl11t.* t
'"'4._
6) Access right to James Way !ran Lot 1 and Lots 6-34 shall be oftered to
the City to poevent c:lriveway.s directly onto this collector route. The
t~ and ~ of these sIopJqc Jots abutting JIIrnes Way shall be
designed by a Jandscape architect and 1nsta1lcd by the subdivider
concw-rent with street frontage fntwvements ond shall be maintained as
9
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port. or the sjde or rear yards or involved lots. (Phose 1).
Other D. Other Streeb
streets 1) O>nstruct and Jnt>rove "A", "B", "C", "D", "E", AND "F" Streets and
HBlcyon Road north or James Way - (40' curb to cW'b, 6' sidewalks both
sides, 52 It. right oC way). Omstruct and fntx'ove Halcyon Road, A, B,
C. and F streets oonctII'I'ent with Phase I. Construction and i11provement
oC . "D" and "E" Street JJBY be deterred untll Phase II.-
2) Constn./ct "E" ~treet across the South County Regional Center property ~ i
southerly to a connection with the proposed West Branch Street
connection..
3) The right otway Cor the easterly extemion oC "F" Way, to enable possible
. ruture connectfon with MDler Way, shall extend to the eestem tract
boundary and an access denfa1 strip offered to the CIty to control said
connection mt1l and unless approved by the CIty O>uncD. An
emergency access gate 8ha11 be designed by a cfvfl engineer 81tdIor
landscape architect end insta1led by the subdivider concurrent with
. constn.tctJon of "F" Way street intx'ovements alter design approved by ..
the Public Works Director. The gate shall be nvdntalned by the City.
(Phase 1)-
25. Sidew8JJcs
SidewBlks A. Six-toot sidewalks shall be required in the proposed developnent on both sides
ot James Way, Halcyon road, "A", "B", "0', liD", "E" and "F" Streets, except
tor the rrontages of Lot C on Halcyon Road, and Lots 220-232,183 and 156 on
"D" Street.. . ....
B. A short segment of sidewalk shall.be constructed on the westerly !rootage or
Halcyon road southerly ot the tract boundary to a point where the developer
sholl coordinate with St. Patrlck's School a stairway access betv.oeen Holcyon
Road and the school parking lot..
Tree 26. Ttee I'reSIem1tion
8'eserYation A. A detailed. tree preservation plan and progrmn, including an inventory or
existi~ trees and/or groves shall be prepared by a qualiCied pror~ional, ,
including rmps ot the species, size and location ot oll trees, with respect to lot
lines and proposed bun~ areas on each lot (excltSive or those located
within the tree preservation easement areas), and submitted to the Parks and
Recreation Director prior to Cinalltllp or grac:Jq approval. The Parks and
Recreation Director shall reeannend the designation and preservation or
"lan<tmrk trees or groves"'as provided by Ordinance NlITber 333 C. 5., and
such rmp shall be con:pleted by the developer and considered by the aty
Council prior to any gra~ or tree trInmIng or removal, Issuance ot grading
pennits or flnol rmp approvals, whichever occurs Cirst.-
1) The City shall designate oll oBk trees contained within the two tree --.
preservation easements ldentitied upon the tentative ItIIp 8S "Landmrk
Groves" in accordance with provisions or City Ordinance NlITber 333 C.
So F1.Irthemore,the Councl1 shall consider 8ll0ther trees on..,Ue an~
ott-site Cor "Land11ark Ttee" designation In accordance with 8ll
provlsiom oC Ordinance Ntmber 333 c.s. prior to the fsmsncc ot any
gra~ pemdts or final tract ItIIp approvaJs, whichever comes tirst. The
10
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I '73
developer shall comply with aU provisions of Ordinance Number 333 c.s.,
except that developer /JIIlY replace authorized tree removals in 24'
containers rather than 48' containers, which is provided for in Ordinance
Nunbet 333 c.s. and replacement trees need not be oak trees it so
detemined b1 the ParkI and Recreation Director. Tho Dlrootor may
authorize a replacement tree ratio fran two-to-one to fjve-to-one as a
variance !ran Ordinance Nunbet 333 c.s. f
I 2) Scenic and tree preservation easements for the two oak groves shall be
recorded by the developer after appi-oval by the City Attorney and Parks
.-- and Recreation Director. Such easements shall ~y with State law,
.
include provisions of future tree mointenonce and protection I1S
contained in Ordinance Nunbet 333 c.s. and bind the owners, heirs and
assigns of aU Jot owners overlapping the easelTents to such tree
ownership, maintenance and protection forever.f
Similar reCOldinas are reCJ.dred for any other tree detennlned by CoWlcil to be
a "Lancknark Tree."f
B. 'I1\e tree preeervation euementa shown on the proposed tentativo tract mop
shall be offered to the owners, heirs and ~ of all tract owners, and it shall
be stipulated by recorded c.c. and R's that tree removal, grading, fencing or
~ shall be prohiblted in these easements W1less specifically approved by
the City CWncJl. Additional recorded scenic easements with similar
restrlctiQllS shall be applied to the steep slopes on Lots 127-130.*
C. Developer shall grant to the City a recordable pennanent open-space easement
and tree preservation easement ~ and restrjc~ the use of the
rear portions of Lots 13& throush 140, 220 through 226 and 232 and portions ot
-- Lot C and Lot 182, aU as more specJtlcally depleted on the approved tentative
/JIIlp of Tract No. 1390. 'Ibe tirst grant deed to each of said petceJs shall
, specifically refer to both of said easements and their recordation, and shall
-. -' further note that the easements are enforceable not only by the owners of the
affected Jot but also by the City and by aU other QwnetS of property in Tract
No. 1390. No such easement shall be amended, released, abondoned or
tenninated by the City except by specltic amenanent of the Royal Oaks'
I
planned develo(mmt zoning ordinance or successor ordinances thereto. f
27. 'R.-.J.1fiM Appro~ Tentatiw 'l'Iact Map
. Asterisk A. All p&ragrapl1l contained within this ordinance, folJowed by an asterisk (*),
shan be Incorporated verbatim as conditions to be attached to the tentative
tract map.
. Section 3: 'Ibis ordinance shall. be in full force and effect thirty (30) clays after its passage;
and within fifteen (15) days after its passage. it shan be published once,
together with the names of the COUncn Meabets voting thereon, in a
nev,spaper of general circulation within the City.
!
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On Imtion of ~uncn MenDer Moots , seconded by Councn Member ~e.!:..., and on
the following roll cau vote, to wit:
AYES: Council Members Moots, Porter and Mayor Mankins
NOES: Council Member Millis
ABSE}f.r:Council Member Johnson
, . ...... j
the toregolng ?rdinance was pGSged and adopted on this ~ day ot May , "1987.
, ~~~~.~~
MAYOR
. .
Attest: I~a~
'.
CITY CL K
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County ~
of San Luis Obispo, State of California, do hereby certify that the
foregoing Ordinance No. 355 C.S. is a true, full and correct copy of
said Ordinance passed and adopted at a regular meeting of said Council
on the 19th day of May, 1987.
WITNESS my hand and the Seal of the City of Arroyo Gr~nde affixed
this 28th day of May, 1987.
.
~a.~ -
CIT CLE K
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12
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'75
Exhibit "A" Ordinance 355 ~.S.
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ATTACHMENT 3
ORDINANCZ NO. 356
. .,.
AN ORDINANa 011' THE cr.rr 001JNaL 011' THE CITY 011'
ARROYO GRANDE .AllBNDINGORDINANCE NO. 355 c.s.,
SICl"ION 2, 'SUB-PARAGRAPU 14, RELATING TO DESIGN,
OONSTRucnoN AND USE 011' 1m A AND VIA LA BARRANCA
DRAINAGE SYSTBII IN ROYAL OAKS Em'AT!S RImDBNTIAL
SUBDIVISlON
THE ern OOUHCIL 011' THE ern 011' ARROYO GRANDE IlERF'BY ORDAINS AS
. .
P'OLLOWS:
~<:>N 1: Section 2, entitled "Dev~nt Provisions", sub-peragraph 14, entitled "Lot
A and Via La Barranca Drainage System" is hereby amended to read as folJoNi:
If. 1M A ... Via La Bllraoca Dr8iaIIp ___ ;-;
1M · A. and A. The developer has been required to design and shall be required to con-
La BIImnca struct a stann drainage retention facility and other crain8ge facilities
DraiDIge ~ on Lot "A" and upon the aty-owned, adjacent off-site property as required by
the at)' Council. Contracts JDJSt be approved by the Public Works Director
prior to construction or ~ for this facility.-
B. 'Q1e slope benk behind Lots 34-40 shall be part of Lot "A", the proposed
drainage detention b8sin; the slope blink shall ~ moved westerly to enable a
drainage swale on site akq the east tract boundary into the basin. Slope
blink, swale and b8sin ~ shall be desJgned by a latQcape architect
and Installed by the subdivider.-
C. Developer's consultants have subJltted specltic drain8ge and Jand9cap~ plans
for Lot "A" and the ~ aty-owned Via La Barranca property and
dawnstre8m drainage lines and mitigatirv measures towardJ oft-site drainage
deficiencies, where necessary, to the Public Works Director. The Public
Works Director has reviewed and analyzed. such plans to detennine the
adeq.lacy of such plans which:
1) mitigate and reduce current and projected ~ of the streets and
areas below the current Cty dr8in8ge facWty and \\OI'ks, as a result of this
project, and;
2) mitigate and ,"vent any further ~ of the streets and areas below
the CUI'I,"eI1t Cty.drain8ge facWty and YtUks to be caused by the p]anned
develq:ment, and;
3) provide security and safety measures and durable and IlWitantial
fntJrovements which can be efficiently and adequately maintained by the
aty. ~VElllents shall not Include an asphalt pathway through Lot "A"
and the La Barranca site as shown upon developer's plans. Developer-
proposed fencbw shall be modified 88 Indicated on the Cty Manager's copy
of the plan, In red, initialed and dated .line 24, 1987. '!be director's
department has suixIitted a written report of its findiqp and the proposed
specific plan to the Cty Council which hereby accepts the plan.
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Page 2, Ordinance 356 C.S. 7'7
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D. 'The developer and the Oty have negotiated a fair market value to be paid to
the Oty in lieu of ~vidirv ~vemen~ and recreational opportunities on the
La Barr8nca site. 'The negotiated contribution shall be used for the
development of RancOO Grande Park end shall be paid to the aty prior to final
tract map approvaL 'The fair market value is $20,000.
Eo 'The drainage plan approved by the Public Works Director for Lot "A" and the
aty-owned La Barr8nca site includes:
I 1) Security fenclqr JnstaUed by the developer for both lots.
2) A Jandscapq plan prepared by aJandscape architect, which includes
drought resistant plants and erosion control measures for both lots. 'The
plan JIIISt be successtuJ1y Jntiemented and coopeted by the developer
prior to NovenDel' 1, 1981, and final tract mop approvaL
*Al1 p&I'8gI'aphi contained within this Ordinance, followed by an asterisk (*), shall be
incorporated verbatim as conditions to the tentative tract mop for Royal Oaks Fstates.
SICnON 2: This Ordinance shall be in fuJl force and effect thirty (30) days after its
pass8ge, and within fifteen (15) days after its pessege, it shall be ptblished once, together with the
II8IreS of the COuncil Menbers votlqr thereon, in a newspaper of general circuJation within the Oty.
On rootion of Council Menbel' MiDis, seconded by Council Menber Johnson, and on the
f~ roll call vote, to wit:
AYES: COuncil Menbers MiWs, Jobnson, Moots and Mayor Mankins
NOES: None
ABSENT: Council Meobers D. G. Porter
the forego~ Ordinance was pessed and adopted this 14th day of .l.Ily, 1987.
~~.h~
i:J. .
MAYOR
ATl'E8I'1 'ffwj a. ~
CITY CLER
I NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County
of S~n Luis Obispo, State of California, do hereby certify that the
foregoing Ordinance No. 356 C.S. is a true, full an~ correct , copy of,
said Ordinance passed and adopted at a regular meet1ng of sa1d Counc1l
on the 14th day of July, 1987.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 16th day of July, 1987.
.
~a.~
C Y L
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~
OW>INAt4CJ! NO. 358 c.. So ATTACHMENT 4
AN OJiDJHAHCB 01' T11B CITY OOUNCIL 01 1'1iB CJ'lY 01'
A1tBOYO QRAN1)B AMBNDINQ OJmINANCK NO. 355 Co So,
SOOI'lON 2,SUD-PARACRAP.U 148, AMHNDJ1fO !Dr A AND L01'S
M .TIIRouau .0 Ihf LIHJ!S. J1f lLOY AL OAKS ~rA'l'~
~1iNTlAL SUBDIVISION
TUB CITY OOUNC&L 0J.l '1'11B CITY OF ARROYO ORAND! 11WlWJY OUDAlNS AS
'I' 1'0LL0WSz
SfCI'ION 1& Section 2, entiUod "Development frov~", IuD-paraGraph 14B. entitled
"Lot A and VilA La Barranca Dt~o S)II\cIma ill I'Iwebf enll.tnClod to rcwd as to11o~:
14. Lot A ..-1 Via La u.rr.oc. DniDIp S)WIm
Lot A"" B. 11. aIOpe bMk behind Lota #4...0 shI&11 be pw-t of Lois 34 throu(:h 40.
w BunuICa lIS ~(tated upon Attachnent A 10 UUa orctinw'Ice. The btWince re-
DnAirIIcu ~ ~ot Lot A IIihI&U be provided to thb aty fOl'astonudrainago fAcility lU1d
IllCllity 8CCeIi/Jo The IIIope blink IIhA11 be mvw westerly to cnuble A druiOll(:C
lIWale on ~to ~ tile east tract boundary jllto the bAsin. SIo(JC bwlk. IIWW<:
and bwdn ~iIC alVIJ1 be _,,"'fted by 1& Jand:;cap.: lII'c:hit.e<:t und instuUt:q
by UIe IiUbdivkSc:.r. Subdivider lihl&ll pc'OlIkIe aty wiU\ un ~1.':lIt (1'CI!IJwa~
Way &0 the dnaina&:e win, as WLIIlrlAted In AttuchUtJlt A, which shull llleCt UII:
a;peciti~UaM of UId PubUc Ww'!.1I Dircctot..
-AU P81'acr.phI contained wiUUn UIis OI'dlnance. followed by an wotcri1fk (.),
aihaU be incOI'pctatod verb&.tim as conditiocw to UII: tc:ntutivc truet mil[> tor
RoyAl Oaka ~tates.
S1Cl1OH 2& This ordinance IhfiU be In full force and effect Ulirty (30) du~ Jl<:r i~
~e. and within fifteen (15) dMy,i alter ~e. it shall be pubIj:ahed once. ~eUwr WiUl UK! JlllllieS
of the COUJlciI. Menbets votit\: thereon, in a ne~per 01 gc:nerul circulution wiUain U.e City.
On motion 01 Council M~ JoMion, /iC.'COftded by Council Mentbcl- Purtcr. wad IJII the
tolJowirc roll CIIl1 vote, to wit$
A Y~I Ccuncil Menbets .JobnIion, Porter, MillW, Mootll and Mayor Munkin:;
NOES: None.
ABSENTJ None.
tJle torego!rc Ordin&lnce was pawed and adopted on this 2Uth doy ul July, 1987.
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MAYOR
A1~Im: - ~ft a. ~
. CI'l'Y CJ.J?R
.
1, NANCY A. DAVIS. City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify that the
foregoing Ordinance No. 358 C.S. is a true, full and correct copy of
. said Ordinance passed and adopted at a regular meeting of said Council
on the 28th day of July, 1987.
WITNESS my hand and the Seal of the Ctty of Arroyo Grande affixed
.. . this 30th day of Ju~y, 1987.
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ORDINANCE NO. 406 C.S. ATTACHMENT 5
AN ORDINANCE OF TUE CITY OF ARROYO GRANDE
AMENDING ORDINANCE NO. 355 C.S.
ROYAL OAKS ESTATES '1'0 MODIFY EXHIBIT "A".
WHEREAS, the City Council of the City of Arroyo Grande has held a public
hearing to consider an amendment to Ordinance No. 355 C.S.; and
WHEREAS, the City Council did consider said proposed amendment to modify
Exhibit "A" by adjusting the lot lines between Lot B and Lot 182 and between Lot
182 and Lot 184; and
WHERF.AS, the City Council has held the required public hearing on the
proposed amendment; and
WHERF.AS, the City Council finds no substantive impact and, therefore,
approves a Negative Declaration; and
WIIERF.AS, the proposed amendment was found to be consistent with the General
Plan, Zoning, Goals and Objectives of the City of Arroyo Grande.
NOW, THEREFORE, the City Council of the City of Arroyo Grande does hereby ordain
as follows:
Section 1. Ordinance No. 355 C.S. is amended to modify Exhibit "A" by adjusting
the lot lines between Lot B and Lot 182 and between Lot 182 and Lot 184.
Section 2. This ordinance shall be in full force and effect thirty (30) days
after its passage; and within fifteen (15) days after its passage, it shall be
published once, together with the names of the City Council Members voting
thereon, in a newspaper of general circulation within the City.
On motion by Council Member Dougall, seconded by Council Member Smith,
and by the following roll call vote, to wit:
AYES: Council Members Dougall, smith, Moots, Olsen and Mayor Millis
NOES: None
ADSEN'r: None
the foregoing Resolution was adopted this 11th day of April , 1989.
. #<::J<: dr ,~~
MU M. MILLIS
Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk C}t.y'/Attorney
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify under penalty
of perjury that the foregoing Ordinance No. 406 C.S. is a true, full
and correct copy of said Ordinance passed and adopted at a regular Ireeting
of said Council on the 11th day of April, 1989.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 13th day of April, 1989.
'11~r a. A.adu
ClTY CLEHK
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No 406 C.s.
Ordinance .
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A TT ACHMENT 6
aIDINMCI!: 1<<). 418 C.S.
M aIDINMCI!: CR '1'fIE CI'l'Y CR ARROm. CIWmE
JlMnmn<<:J aIDINMCI!: 1<<). 355 C.S.
Rm'1!.L (W(S m1'A'1'ES '1'0 IO)IPY EXHIBIT "A". I
1iBI:!:RImS, the City Council of the City of Arroyo Grande has held a public
hearing to consider an amendment to Ordinance No. 355 C. S.; and
1iBI:!:RImS, the City Council did cmsider said proposed amendment to mxlify
Exhibit "A" by adjusting the lot lines between Lots 221, 222, 223 and 224 as
shewn on the attached, mxlified Exhibit "A".
1iHEREAS, the City Council has held the required public hearing on the
proposed amendment; and
\....
1iHEREAS, the City Council finds no substantive irrpact and, therefore,
approves a Negative Declaration; and
1iHEREAS, the proposed amendment was found to be cmsistent with the General
Plan, Zoning, Goals and Objectives of the City of Arroyo Grande.
tOl, 'DmU!Pam, the City Council of the City of Arroyo Grande does hereby ordain
as follows:
Section 1. Ordinance No. 355 C.s. is ameoded to mxlify Exhibit "A" by adjusting
the lot lines between Lots 221, 222, 223 and 224 as shewn on the attached, I
mxlified Exhibit "A".
Section 2. This ordinance shall be in full force and effect thirty (30) days I
after its passage; and within fifteen (15) days after its passage, it shall be
published once, together with the names of the City Council Merrbers voting
thereon, in a newspaper of general circulation within the City.
en rrotion by Council Merrber Smith , seconded by Counqil Merrber Dougall,
and by the following roll call vote, to wit:
AlES: Mayor Millis and Council Members Smith, Dougall, Olsen and ~ts
HCES: None
ABSmfl': None
the foregoing Ordinance was adopted this 27tn:1ay of February, 1990.
::A;JLiAJJ-0
HARK. LLIS
Mayor
A'l"l'ES'1': APPROVED AS '1'0 FORM:
'-
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NANCY A~
City Clerk
I, NAOCY A. Dl\vIS, City Clerk of the City f Arroyo Grande, County
of San Luis Obispo, State of California, do eby certify umer penalty
of perjury that the foregoing Ordinance No. 418 C.S. is a true, full
and correct copy of said Ordinance passed and adopted at a regular meeting
of said Council on the 27th day of February, 1990.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 1st day of March, 1990. .
-.::J14JU.iI! (J. Ch~J
CITY a:.ERK
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Ordinance 418 c..S.
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~248 GrandndAVeeCA 93420
...-oyo Gra e,
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ineering.DevelOPJlent
Eng. street
~320 1U.P01\\Oi po CA 93401
san Luis 0)) s ,
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A TT ACHMENT 7
ORDINANCE NO. 430 C.S.
AN ORDINANCE OF 'DIE CITY CXXJNCIL OF THE CITY OF ARROYO I
GRANDE l\HENDING ORDINANCE NO. 355 c.s. ''ROYAL OAKS
F.STA'l'ES" BY ALLalING A aroROI ON J.Dr B, AND APPROVING
AND AOOPl'ING SPFX:IFIC DEVELOEMENr PLAN NO. go-03
WHEREAS, the City Council of the City of At:royo Grande has held a public
hearing to consider an amendment to Ordinance No. 355 C.S. and Specific
Development Plan No. 90-03; and
WHEREAS, the City Council did consider said proposed amendment to Section
2(5) of Ordinance 355 C.S. to allow a church on Lot B, and Specific Development
r Plan No. 90-03; and
WHEREAS. the City Council has held the required public hearing on the
proposed amendment and Specific Development Plan; and
WHEREAS, the City Council has certified the EIR as adequate for the Halcyon
Hills Subdivision with the previous addenda and the addendum for Grace Bible
Church; and
WHEREAS, the proposed amendment and Specific Development Plan was found to
be consistent with the General plan and Goals and Objectives of the City of
Arroyo Grande; and
WHEREAS, the City COlmcil finds, after due study, deliberation and public
hearing, the following circumstances exist: I
ZONE CHANGE
1. The proposed zone change is consistent with the general plan designation
because the General Plan Designation is P.D. Ordinance 355 C.S. and that
ordinance allows institutional uses on this site.
2. The subject site is adequate in size and shape to accarmodate the
reasonable requirements of the proposed zone because the lot is 10.8 acres
in size and the zoning designation requires a mininun lot size of 10,000
square feet. The site is capable of providing adequate setbacks, parking,
lot coverage and all other requirements of the zone.
3. The proposed zone change is reasonable or beneficial at this time to serve
the neighborhood because it allows the Church to more effectively serve
its marrbership.
4. The proposed zone change could not adversely affect the surrounding
property because mitigation measures have been included in the conditions
of approval for the project which mitigate any potential adverse ilTpacts.
5. The project will not have an environmental ilTpact because mitigation
measures have been included in the conditions of approval for the project
which mitigate any potential adverse impacts on aesthetics, traffic, and
water consumption. ....
---
SPECIFIC DEVELOH-!EN'l' PLAN
1. The proposed use is consistent with the general plan because the General
Plan Designation is P.D. Ordinance 355 C.S. and that ordinance allows
institutional uses on this site.
2. The site is adequate in size and shape for the proposed use because all
setbacks, lot coverage, parking, and required landscaping can be
incorporated into the project design.
3. The site for the proposed use has adequate access because it fronts on
Rodeo Drive and has proposed a private drive to access the site fran that
street. A traffic report was prepared for the project and the traffic
engineer saw no problem:> with the proposed access.
4. The proposed use will not have an adverse effect on the adjacent property
because mitigation measures and conditions have been included in the
conditions of approval fran the project which mitigate any potential
adverse ilTpacts.
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. ., ,.,. "'.~_~IM'._'_"""<"'.;____
I v""'
ORDINANCE NO. 430 C.S.
5. The design and layout of the proposed use is suitable because all
setbacks, lot coverage, parking, and required landscaping can be
incorporated into the project design.
6. The project will not have an environmental impact because mitigation
measures have been included in the conditions of approval for the project
which rmtigate any potential adverse impacts on aesthetics, traffic, and
water cm1Sumption.
7. A traffic study was perforrred which, on .the basis of actual dt'!fTB11d,
indicated that 240 parking spaces were sufficient for the proposed use. J
Nrn, 'nmREFORE. the City Council of the City of Arroyo Grande does ordain as
follows:
section 1._ That the above statements constitute the findings of fact of the city
Council on this matter.
section 2. That Section 2(5) of Ordinance 355 C.S. is awended to allow a church
on lot B.
Section 3. That Ordinance 355 C.S. and the Zoning Ordinance are arrended to
establish the development standards for this property as set forth in Section 5,
Conditions of Approval, of this Ordinance. In the case of development standards
that are not listed in Section 5. those development standards incorporated in
Ordinance 355 C.S. shall apply.
Section 4. That Specific Development Plan 90-03 is conditionally approved and
adopted subject to the cm1ditions of approval set forth in Section 5 herein
below.
pection 5. Corditions of Approval
A. Mi tigation Measures
1. The applicant shall reduce the overall height of the proposed
structure (cross plus sanctuary) fran 81 feet to 69 feet. This will
bring the top of the proposed structure below the horizon line at a
nunber of perspectives (Avenida De Diamante, Collado Corte, Spanish
Hoss Lane) and reduce the visual impact of the structure in all
surrow1ding areas.
Honi1;..orinQ DePc"1rbnent: Building Department
'rime Frame: Prior to issuance of building permits.
2. The applicant shall incorporate earth-tone colors into all exterior
treatments and use the brown exterior roofing material in
accordance with the subnitted plans. Also, use nonreflective glass
and framing materials for the proposed skylights.
Monitorioo Departnelt: Building Department J
Time F~ne: Prior to issuance of building permits.
3. The applicant shall plant all landscaping in strict accordance with
the landscape plan sW:mitted with the project plans (except as
modified by these conditions) including the diarreter, location,
quantity, type .and positioning of all trees shown on the plan.
Monitoring Department: Parks and Recreation Department
Ti"k~ Frame: Prior to issuance of final occupancy.
4. One or IOOre of the following measures shall be incorporated into the
sanctuary design to break up the large expanse of roof fran overhang
to center point:
a. Use a step and vegetation filled trellis at midpoint,between
overhang and center point.
b. Incorporate well maintained roof gardens into the project
design.
,._~--
, ..-'-'--""'.";;0._.'_-
01
ORDINANCE NO. 430 C.S. .
c. Use a stepped roof or double roof design and use textured
roofing materials.
d. Incorporate donrer or recessed windows into the roof.
e. Reduce roof area through redesign of the sanctuary ( reduce
square footage).
f. The color of the sanctuary roof and fellowship hall roof shall
,-- be identical but different fram the color of the flat roof
over the christian education building.
Monitorinq Department: Building Department and Planning Department
Til1~ Frame: Prior to issuance of building peDmits
5. Until Brisco Road/Hwy 101 interchange is reconstructed, the church
shall schedule its activities so that no more than 25 vehicles
remain in its parking lot at 11:50 A.M., with the exception of
Easter and Christmas. This rescheduling will avoid the mid-day peak
hour.
Manitorinq Department: Public Works Department
Tin~ Frame: Until Brisco Road/Hwy 101 interchange is
reconstructed.
6. Until Brisco Road/Hwy 101 interchange is reconstructed, the tuesday
,..- afternoon AWANA youth program shall be combined with the evening
program, which takes place between 6:30 and 8:30. This rescheduling
will avoid the PM peak hour and place the program at a time when PM
traffic is substantially reduced.
Mani torinq Department: Public Works Department
Time Frame: Until Brisco Road/Hwy 101 interchange is
reconstructed.
7. As an alternative to rescheduling services, the church could pay a
traffic mitigation fee of $2656 per peak hour trip on the backbone
traffic system. Said fee shall be paid prior to issuance of
building peDmits.
Mani torinq Department: Public Works Departn~t
Time Frame: Prior to issuance of building peDmits or
rescheduling of services to impact the peak hour.
8. At such time as the sanctuary is remodeled to seat 799, the church i
shall provide a total of 462 parking spaces. I
Moni torinq Department: Building Department
r Time Frame: Prior to issuance of final occupancy when the
sanctuary is remodeled to seat 799.
9. All construction shall utilize fixtures and designs which minimize
water usage. Such fixtures and designs shall include, but are not
limited to, low flow shower heads, water saving toilets, instant
water heaters or hot water recirculating systems, drip irrigation
with drought tolerant landscaping and so forth.
!'Ianitorinq Department: Building Department
Time Frame: Prior to final occupancy
10. Prior to final occupancy of any structure, all water conserving
designs or fixtures shall be installed.
~oni torinq Department: Building Department
Time Frame: Prior to final occupancy
~"..,-,.,....,--,;......---
. l>G
ORDINANCE NO. 430 C.S.
11. All landscaping shall be cOru1istent with water conservation
practices including the use of drip irrigation, mulch, grav~l, and
bark. To the greatest extent possible, I awn ar~as and areas
requiring spray irrigation shall be minimized.
Manitorinq Departn~t: Parks and Recreation Deparb-rent
Ti\l~ Frail"":" Prior to issuance of building permits and prior
to final occupancy
12. The applicant shall provide for reviE:W and approval by the Ci ty
council, an individual water program which will propose mitigating J
measures to neutralize projC!Cted water denW1d for the project. The
approved program must be implerrentec1 prior to issuanc~. of building
P~l1IU ts.
Mooitorinq Deparbnent: Public Works Department
'l.in~ F'rall~: Prior to isswu1ce of building permits
13. Prior to issuance of building permits the applicant shall subnit a
grading, drainage and erosion control plan, prepared by a registered
civil engineer, to the Public Works Director for approval. Said
plan shall mitigate apy potential impacts causoo by wind or water
erosirn1 t~~t may b~ a result of cm1Struction.
Hofti torinq De..1@..rtm:nt: Public Works D~partment
Xj.1!~.J?ri:ll~;" Prior to issuance of any building permits.
B. General Conditions
14. The applicant shall ascertain and comply with all Stat.., County and
city r~uirel-rents as are applicable to this project.
14a. This application shall autanatically expire on November 13, 1991
unless a building permit is issued. Sixty (60) days prior to the
expiratim1 of the architectural approval , the applicant may apply to
the Planning Director for an extension of one (1) year fran the
original date of expiration. Any further extel1Sions beyond one (1)
y~ar shall require Planning Cornnission approval, after a
recomrendation by the Architectural Advisory Coomittee.
14b. Prior to issuance of building permits the applicant shall r~imburse
the City for costs incurred for preparatim1 of the addendum EIR and
costs for the traffic engineer to attend Planning COll11ussion and
City Council meetings.
15. Dev~lopn.~t shall occur in substantial conformance with the plans
presented to the City Council at the meeting of November 13, 1990
and marked "Exhibi t An.
15a. Use of these facilities shall be 1 imi ted to those activities J
outlined in Specific Developrent Plan 90-03, and other accessory
uses which are clearly and custanarily incidental to the church.
such accessory uses do not include schools, other than sunday school
classes, or child care, other than child care associated with
regularly scheduled church services and activities. Addition of
activities which are not accessory uses shall require modification
of the Specific Developrent Plan and additional envi rorurental
r-eview.
16. The applicant shall agree to defend at his/her sole eXpel1Se any
action brought against the City, its agents, officers, or employees
b~cause of the issuance .of said approval, or in the alternative, to
relinquish such approval. The applicant s~~ll reimburse the City,
its agents, officers, or o:!fl1ployers, for any court costs and
attorney's fee's which the City, its agents, officers or employees
llay 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 df:ft:'l1se of any such action but such participation shall not
relieve applicant of his/her obligations lU1der tlris condition.
J >0._".__._--._................--....,
.bd I
I
ORDINANCE NO. 430 C.S.
C. Planning Departrrent conditions
17. Development shall conform with the PD zoning requirements and Ordin-
ance 355 C.S., unless otherwise approved and applicant shall adhere
to all applicable conditions identified in Ordinance No. 355 C.S.
. 17a. Lot coverage for this site shall not exceed thirteen percent (13%)
and the locations of buildings shall be limited to the building
envelopes shown on Attachrrent B.
r 17b. The color scheme of the entire struct~e shall be approved by the
Architectural Advisory Committee prior to issuance of a building
permi t .
17c. The parking lot shall be modified to provide 240 parking spaces.
18. All roof-mounted equiprrent shall be painted to match the roof or
screened fran view of adjacent property in accordance with the
Ci ty' s Architectural Review Guidelines. All roof-mounted equipment
which generates noise, solid particles, odors, and so forth, shall
cause the objectionabl e material to be directed away fran
residential properties. All screen designs shall be carpatible with
the building and shall be subject to the review and approval of the
Planning Departn~t prior to issuance of building permits.
19. All ducts, meters, air conditioning equipment and all other
....- mechanical equipment, whether on the ground, on the structure or
elsewhere, shall be screened fran public view with materials
architecturally carpatible with the main structure. It is
especially important that electric transformers be canpletely
screened fran public view.
20. An exterior lighting plan shall be sul:mitted for approval of the
Planning and Police Departments prior to issuance of building
peL~ts, and shall include the following standards:
a. Cut-off lwri.naries shall be installed which will provide tL-ue
90 degree cut-off and prevent projection of light above the
horizontal fran the lowest point of the lamp or light emitting
refractor or device.
b. All fixtures shall use a flat, clear lens, energy-efficient
light source.
c. All project lighting shall be confin~~ to the project site.
d. Additional lighting shall be provided for landscaped areas on
the North, East and West side of property, prior to issuance
of building permits.
~.
2l. Signage shall be subject to the requirement!:> of the Zoning
Ordinance.
22. Prior to issuance of a building permit, five (5) copies of a
landscaping and irrigation plan prepared by a licensed landscape
architect shall be sul:mitted for approval by the Planning, Police,
Fire, and Parks and Recreation Departrrents. The landscaping plan
shall include the following:
a. Tree staking, soil preparation (including hydro seed mix) and
planting detail;,
b. The required landscaping and improwments. This inc1 udes:
(1) 11 additional trees shall be provided in the parking
area (1 tree per 5 parking spaces). If a remodel is
approved, an additional 13 trees shall be planted in the
parking lot. The parking lot tree!:> shall be a minimum
of 15 gallons. Perimeter trees shall be 15 gallon/5
gallon mix, with banks to .blencl in (shapes of shrubs and
trees) with the surrounding hillside vegetation; I
I I
I
.- ----.-..-..--...---.-.-
, i '64
ORDINANCE NO. 430 C.S.
(2) Deep root planters shall be included in areas where
trees are wi thin 5' of asphal t or. concrete surfaces and
curbs ;
(3) Water conservation practices inclucling the use of drip
irrigation, mulch, gravel, drought tolerant plants and
bark shall be incorporated into the landscaping plan;
(4) All slopes 2:1 or greater shall have jute mesh or
equivalent material; .
c. The use of landscaping to screen grouncl-roounted utility and J
mechanical equipment;
d. All walls, including screening on retaining walls. All walls
shall be compatible with the approved church architecture.
The walls shall be designed and constructed to incorporate
design features such as tree planter wells, variable setbacks,
split block face, columns and other such features to provide
visual and physical relief along the wall face.
e. A vegetation management plan for the undeveloped area.
f. All landscaping and irrigation ,shown on the approved landscape
and irrigation plans and all required walls shall be completed
or suitable bonds posted for their coopletion.
D. Fire Depar~nt Conditions
23. All curbs through property shall be painte4 red except passenger
drop-off curb which shall be green - 10 minute parking. Curbs shall
be painted prior to final occupancy.
24. Approved fire lane sings in accordance with California Vehicle Code
shall be posted at all red curb locations prior to final occupancy.
25. Automatic fire sprinkler systems shall be installed through facility
prior to final occupancy.
26. Fire alarm system shall be supervised by a local alarm toonitoring
canpany.
27. All fire sprinkler and fire alarm installation plans shall be
approved by Fire Department prior to final frarrdng inspection by
Building Department.
28. Fire hydrants shall be installed with flows and pressures required
by Fire Department prior to delivery of canbustibles, except
concrete frarrdng materials.
29. All utility rooms shall be clearly identified by signage prior to . ,
final occupancy. J
30. Emergency I ighting and emergency power equipment to be provided
prior to final occupancy.
31- The applicant shall provide fire extinguishing system in kitchen
plans to be submitted to Fire Departn~t prior to installation.
32. The applicant shall provide information to the Building Official
pertaining to canpaction of building site in relation to seismic
concerns prior to issuance of building pe~ts.
E. Parks and Recreation Department
33. The applicants shall coordinate drainage structure to accept water.
that may flow off Rancho Grande Park site. Landscape architect to
meet with Parks and Recreation , Director to review Rancho Grande Park
plan.
,
. 65
ORDINANCE NO. 430 C.S.
F. Public Works Department
34. The existing road easement located on site shall be eliminated prior
to issuance of a building permit.
. 35. Rodeo Drive shall be used as the street address. for the church and
Grace Lane. shall be removed as the name of driveway on the map.
36. street lights shall be provided as required by Public Works Director
along Rodeo Drive and James Way in conformance with PG&E standards
r- and city requirements.
37. The applicant shall subnit a grading and drainage plan prior to
issuance of building permit for approval by the Public Works
Director. Appropriate new drainage easement shall be dedicated
prior to issuance of building permit. Appropriate drainage
structures shall be installed as a condition of the building permit.
G. Police Department
38. While not a condition, the Police Department suggests that a silent
alann system, deadbolt door locks and window security hardware be
installed.
,
Section 6. This ordinance shall be in full force and effect thirty (30) days
after its passage; and within fifteen (15) days after its passage, it shall be
..- published once, together with the names of the Ci ty Council Members voting
thereon, in a newspaper of general circulation within the City.
On trDtion by Council Member fot:x)t$ seconded by Council MembetOlsen , and
by the following roll call vote, to wit:
AYES: Council Members fot:x)ts, Olsen and Smith
NOES: None
ABSENT : Mayor Millis and Council Member. Dougall
the foregoing Ordinance was adopted this 27th day of Novenber, 1990.
1fJ'{}AtAV ~
B I ANN SMITH
MAYOR PRO TE)t
ATTEST:
r ~a.~
NANCY A. DAV , CITY CLERK
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APPROVED AS TO FORM:
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ORDINANCE NO. 449 c.s.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO A TT ACHMENT 8
GRANDE AMENDING ORDINANCE NO. 355 e.S. "ROYAL OAKS ESTATES"
BY ALLOWING A CHURCH ON LOT 184, AND APPROVING AND ADOPTING
SPECIFIC DEVELOPMENT PLAN 91-05.
WIIEREAS, the City Council of Arroyo Grande held a public hearing to consider an amendment to
Ordinance No. 355 C.S. and Specific Development Plan No. 91-o5;and
WHEREAS, the City Council did consider said proposed amendment to Section 2(5) of Ordinance 355 C.S.
and Specific Oevelopment Plan No. 91-05 to allow a church on Lot 184 of Tract 1390; and - ..
WIIER,EAS, the City Council has considered the ElR for the Halcyon Hills Subdivision with the previous
I addenda and the Addendum for the Arroyo Grande Presbyterian Church; and
WHEREAS, based on the staff analysis, oral and written testimony, and the final AElR, the City Council
finds, after due study, deliberation, and public hearing, the following circumstances exist:
ZONE CHANGE J
1. The proposed planned development rezone is consistent with the general plan designation because the
General Plan Desih>nation is PD Ordinance 355 C.S. and that ordinance allows institutional uses on the sit~.
2. The subject site is adequate in size and shape to accommodate the reasonable requirements of the proposed
zone because the lot is 7.1 acres In size and the minimum lot size is 10,000 square feet. The site is capable
of providing adequate setbacks, parking, lot coverage, and all other requirements of the zone.
3. The proposed zone change is reasonable or beneficial at this time to serve the neighborhood and community
because it allows the church to more effectively serve its membership.
, 4. The proposed zone change would not adversely affect the surrounding property because mitigation
measures have been included in the conditions of approval for the project which mitigate any potential
adverse impacts.
I
., 5. The projett will not have an ~nvironmental impact because mitigation measures have been included in the
conditions of approval for the project which mitigate any potential adverse impacts on aesthetics, tramc,
and water consumption.
SPECIFIC DEVELOPMENT PLAN
1. The proposed use is consistent with the general plan designation because the General Plan Designation is
PD Ordinance 355 C.S. and that ordinance allows institutional uses on the site.
2. The site is adequate in size and shape for the proposed use because all setbacks, parking, lot coverage, and
required landscaping can be incorporated into the project design.
3. The site for the proposed use has adequate access because it fronts on Rodeo Drive and has proposed a
private drive to access the site from that street. A traffic study was prepared for the project and the traffic
, engineer noted sight distance problems from the westerly driveway. The applicant has worked with the Fire
Department and Public Works Department to maximize sight distances and safety at the west driveway.
4. The proposed use will not have an adverse effect on the adjacent property because mitigation measurers
and conditions have been included in the conditions of approval from the project which mitigate any
potential adverse impacts. ,
'5. The design and layout of the proposed use Is suitable because all setbacks, lot coverage, parking, and i
required landscaping can be Incorporated Into the project design. '-'" I
6. The project will not have an environmental Impact because mitigation measure have been included in the
conditions of approval for the project which mitigate any potential adverse impacts on .aesthetics, ~amc,
landscaping, and water consumption.
....
NOW, THEREFORE, the City Council of the City of Arroyo Grande does ordain as follows:
Section 1: The above statements constitute the. findings of fact of the City Council on ttlis matter.
Section 2: The Exhibit "A" map of Ordinance 355 C.S. is amended by deleting the reference of Lot 184 from
Note 5 and adding Note 6 which shall read, "Lot 184 zoned for an institutional use." ;
Section 2(3) of Ordinance 355 C.S. is amended by changing."maximum allowed density of 235 '
. i
. . OI~INANCE NO. 449 C.S.
229
dwelling units" to read "maximum allowed density of 234 dwelling units."
The table of "Approved Residential Density" is amended by changing the lots listed in the Estate
Home category from "B, 182 &: 184" to"B &: 182," by changing the dwelling units from "3" to "2," and
by adding a new category "Institutional Use" for Lot 184 with zero dwelling units.
Section 2(5) of Ordinance 355 C.S. is amended by changing "Lot 184 may be used' for a public/quasi~
public facility" to "Lot 184 shall be used for a public/quasi public facility."
Section 2(5)(F) of Ordinance 355 C.S. is amended by removing the reference to Lot 184.
Section 3: That Ordinance 355 C.S. and the Zoning Ordinance are amended to establish the development
standards for this property as set forth in Attachment A, conditions of approval, and Attachment B,
mitigation measures, of this Ordinance. In the case of development standard that are not listed in
Attachment A or B, those development standards incorporated in Ordinance 355 C.S. shall apply.
Section 4: That Specific Development Plan 91-05 is conditionally approved and adopted subject to the conditions
of approval set forth in Att~chment A and the Mitigation Measurers set forth in Attachment B.
Section s: This Ordinance Amendment shall be in full force and effect. thirty (30) days after its passage; and
~ithin fifteen (15) days after its passage it shall be published once, together with the names of
I Council Members voting thereon, in a newspaper published and circulated in said City.
On motion of Council Member Smith . seconded by Council Member Gallagher . and on
.' the following roll cail vote, to wit:
AYES: Council Members Sll\i.th, Gallagher and Mayor Pro Tern ~ts
NOES: None
ABSENT: Council M3nber Dougall and Mayor Millis
TIle foregoing Ordinance was adopted the 28th day of July, 1992.
~ lJ1~
Gene Moots, Mayor Pro Tern
ATTEST:
N'~ a.~
City Clerk
APPROVED AS TO FORM:
Chris
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of
California, do hereby certify under penalty of pe~ury that the foregoing Ordinance No.449C.S.is a true, full and
correct copy of said Ordinance passed and adopted at a regular meeting of said Council on the 28th day of
I July. 1992.
~ WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 4t.:, cay ci Pup5t, 1992.
~tl.~ I
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Nancy A. Davi City Oerk .
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230
ORDINANCE NO. 449 c.s.
Attachment A
CONDITIONS OF APPROVAL
PLANNED DEVELOPMENT REZONE and SPECIFIC'PlAN
for lOT 184 OF TRACT 1390
General Conditions
1. The applicant shall ascertain and comply with all state, county, and city requirements as are applicable to
this project. ..
This approval shall automatically expire on July 28. 1996 unless a building permit for Phase I is issued. "
2.
Approvals for Phases II and III shall expire on July 28, 1999, and on July 28, 2003, respectively, unless 'I
building permits for the respective phases are issued. Thirty (30) days prior to the expiration of the approval I
for any or all phases, the applicant may apply for an extension of one (1) year from the original date of , .[
I expiration. ,
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3.. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents,
officers or employees because of the issuance of this approval, or in the alternative, to relinquish such
,. approval. The applicant shall reimburse the City, its agents, officers, or employees for any court costs and
attorney's fees which the City, Its agents, officers or employees may be required by a court to pay as a I
result of this action. The City may, at is sole discretion, participate at its own expense in the defense of any
such action but such participation shall not relieve the applicant of his/her obligations under this condition.
4. Development shall occur Insubstantial conformance with the plans and exhibits approved by the City
Council at Is meeting of July 28,1992, and marked as "Exhibit A".
5. An addendum to the Halcyon Hills Environmental Impact Report has been prepared for this project. All
mitigation measures are listed as Attachment B attached hereto and incorporated herein by this reference.
Said mitigations shall be Implemented as conditions of approval and shall be monitored by appropriate City
departments and other responsible agencies as Indicated in Attachment B. The al/plicant shall bt rrsl'on5il'll'
for Vf'rificntion in writing by the monitoring drpartlllent or agency that the mitigation mt'llSurrs have III'/?It
illlplem('nttd. ,
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Planning Department Conditions
6. The development of the property shall be in accordance with the applicable requirements of Ordinance 355
C.s. and all other City ordinances and policies.
7. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code.
8. Prior to issuance of building permits, nine (9) sets of the complete and revised construction drawings shall
be submitted to be reviewed and approved by the Planning Department, Parks and Recreation Department,
Police Department, Public Works Department, Fire and Building Department, and Architectural Advisory
Committee as noted. The plans shall be revised to Include the following:
a. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the
ground, on the structure, or elsewhere, shall be screened from public view with matericl\s
architecturally compatible with the main structure. It Is especially important that gas and electric
meters and electric transformers be completely screened from public view. All mof-mounted
equipment which generates noise, solid particles, odors, etc. shall be screened such that the ~
objectionable material is directed away from residential properties.
b. The following Air Pollution Control District construction mitigation measures shall be listed on the
construction and grading permits:
(1) Water the site and the equipment in the morning and afternoon; I
(2) Spread soil binders on the site, unpaved roads and parking areas; .
(3) Properly tune and maintain all equipment; ...,.t
(4) Wash trucks leaving the site;
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(5) Use low-sulphur fuel for equipment; and
(6) Configure construction parking to minimize conflicts with street traffic.
c. All walls, Including screening and retaining walls, shall be compatible with the approved
architecture, subject to the review and approval of the Architectural Advisory Committee.
---.-.---
. , ORDINANCE NO. 449 C.S.
;
d. An exterior lighting plan shall include the following and shall be subject to the review and approva~ 3 1
of the Planning and Police Departments:
(1) Cut-off luminaries shall be installed which will provide true 90 degree cut-off and prevent ,
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projection of light above the horizontal from the lowest point of the lamp or light emitting
refractor or device.
(2) All fixtures shall use a flat, clear lens and an energy-efficient light source.
(3) All project lighting shall be confined to the project site.
e. A landscaping and irrigation plan prepared by a licensed landscape architect shall be subject to
review and approval by the Planning, Police, Fire, and Parks and Recreation Departments. The plan
shall include the following:
(1) Tree staking, soil preparation, and planting detail; ,
(2) The use of landscaping to screen ground-mounted utility and mechanical equipment;
(3) The required landscaping and improvements. This includes: i
(a) Deep root planters shall be included in areas where trees are within 5 feet of asphalt or
concrete surfaces and curbs;
~. (b) Water conservation practices Including the use of drip irrigation, mulch, gravel, drought
tolerant plants and bark shall be Incorporated Into the landscaping plan;
(c) All slopes 2:1 or greater shall have jute mesh or equivalent material.
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Building Department Conditions
9. Prior to Issuance of building permits, the applicant shall obtain necessary permits for work in the public
right of way, retaining walls, and grading.
10. All structures as regulated by the currently adopted issues of the Uniform Building Code and related codes, "
are subject to all seismic conditions as they would apply to earthquake zone 4. ,
11. All structures as regulated by the currently adopted issues of the Uniform Building Code and related codes,
are subject to energy regulations as described In Title 24 of the California Administrative Code for climate
zone 5.
Public Works Department Conditions
12. Priorlo final occupancy, the applicant shall replace the curb returns at the intersection of the private access
road and Rodeo Drive with a driveway approach.
13. All Improvement plans shall be prepared by a registered civil engineer, licensed In the State of California,
and shall be approved by the Public Works Director prior to Issuance of any City Permits. Improvement
plans shall Include, but are not limited to, grading, drainage, sewer, water, street, and appurtenant
Improvements. As required, the plan submittal shall Include construction cost estimates, plan check fees,
soils reports, and all pertinent engineering design calculations.
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14. "Standard Specifications for Public Works Construction", latest edition, and the latest edition of the
"Standard Plan for Public Works Construction", as amended by the City, shall be the project specifications,
except as noted otherwise on the approved improvement plans.
15. All grading shall conform to the City's Grading Ordinance (303 C.S.) and Chapter 70 of the Uniform
Building Code, and/or as recommended by the soils report with prior review and approval of the Director
of public Works.
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16. It is the contractor's responsibility to control dust and erosion throughout the construction operation. This
includes dust arising from the transport of grading materials to or from the construction site. The developer
or the developer's agents or employees shall be responsible for removal and clean-up of any spill on public
streets during the construction operation. .
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17. A registered civil engineer, licensed In the State of California, shall assure that the construction work
conforms to the approved improvement plans and specifications, as well as providing c~rtlfied as-built plans
after project completion but prior to final occupancy.
.
Fire Department Conditions I
18. .Prior to issuance of building permits, the applicant shall design and Install (subject to the review and
approval of the Fire Chief and the Director of Public Works), a looped eight (8) inch water line.
19. All curbs throughout the property shall be painted red. Curbs shall be painted prior to final occupancy.
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UHJJ1N1IN\..t. l~. ~~:J ~..;J. --.,,,.----
'232
2(). Approved fire lane signs in accordance with California Vehicle Code and approved by the Police
Deparbnent shall be posted at all red curb locations prior to final occupancy.
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21. Automatic fire sprinkler and alarm systems shall be installed throughout the facility prior to final
occupancy.
22. The fire alarm system shall be supervised by a central station approved by the Fire Department.
.23. All sprinkler and fire alarm installation plans shall be approved by the Fire Department prior to final. I "
framing inspection by Building Deparbnent.
24. Fire hydrants shall be instaIled at 300 foot intervals along the project frontage with the private access road
and along the interior project driveways, with flows and pressures required by Fire Department prior to
delivery of combustibles, except concrete framing materials.
25. All utility rooms shall be clearly identified by signage prior to final occupancy.
26. Emergency lighting and emergency power equipment shall be provided prior to final occupancy. ..
27. The applicant shall provide a fire extinguishing system in kitchen plans to be submitted' to Fire Department
prior to instaIlation.
-...)
28. Ingress and egress shaIl meet the Fire Department requirements, including turning radii, grades, and angles
,. of departure, and such plans shall be reviewed and approved by the Fire Chief prior to issuance of Building
Permits.
Parks and Recreation Department Conditions
29. All landscaping materials shaIl be planted according to the approved landscaping plan.
30. The applicant shaIl maintain (and replace when necessary) all approved plantings.
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Architectural Advisory Committee
31. The applicant shall submit a final color and materials board to the Architectural Advisory Committee for
final approval prior to issuance of Building Permits, with the requirements that the roof shall be red clay
tile and the stucco color shaIl be an off-white with a dashed finish (sprayed on and not knocked down).
32. The landscape plan shall use the same species of trees used for the formal street trees as design elements
in the informal oak landscaping to lessen the abrupt change between landscaped areas.
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ORDINANCE NO. 449 c.S. 233
, Attachment B
MITIGATION MEASURES
PLANNED DEVELOPMENT REZONE and SPECIFIC PLAN
for LOT 184 OF TRACT 1390
1. Any changes to the hours of operation as noted in the AEIR must first be approved by the Director of
Planning. Changes that could result in cumulative traffic impacts when combined with traffic from Grace
Bible Church shall be analyzed for their significance as part of this review. If a change in hours of operation
shall result in an Impact on the City's backbone transportation system, the applicant shall be required to
pay the City's standard traffic mitigation fees. .
Monitoring Dtptlrtment: Pbmning Department
Time Frame: At time of change in hours of operation.
2. For the westerly drive, left hand turns onto and from the site shall be prohibited with appropriate signage.
The design of the driveway shall be modified to be perpendicular to Rodeo Drive. The total width of the
driveway shall be 20 feet; eight feet used for emergency access may be constructed of "turf block" or "eco-
block" or similar product, provided the material can support the weight of a fire truck. The portion of the.
,. driveway intended for emergency vehicle access shall be gated to prevent public use. The final design,
location, signage, materials, and gating for this driveway shall be subject to the review and approval of the
Public Works Director and the Fire Chief.
"
One year after church services are held on the site, the City engineer shall study accident reports and i
,
I complaint files to ascertain compliance with left turn prohibition. If patrons are violating the left turn !
prohibition and the west driveway poses a safety problem, the driveway should be reconfigured or closed
subject to the approval of the Fire Chief and the Director of Public Works. ,
Monitoring Department: Public Works Dtptlrtment ;
Time Frame: for revised design, prior to iss/Ulnce of building pennit; for complaint monitoring, one year after chllrch
services are held on site. .
3. The building specifications shall Incorporate fixtures and designs which minimize water usage. Such fixtures
and designs shall Include, but are not limited to, low-flow shower heads, water saving toilets, instant water.
heaters or hot water recirculating systems, drip irrigation with drought tolerant landscaping, etc. Prior to
final occupancy of any structure, all water conserving designs or fixtures shall be installed.
Monitoring Dtptlrtment: Building Department
Time Frame: Building permit plan check for the design and prior to final occupancy for installation.
,. 4. The applicant shall submit a landscape plan, prepared by a licensed landscape architect, to the satisfaction
of the Director of Parks and Recreation and Director of PIaMlng. All landscaping shall be consistent with
water conservation practices including the use of drip Irrigation, mulch, gravel, and bark.
Monitoring Df!Jltlrtment: Parks and Rtcreation Department
Time Frame: Bllilding permit plan d/eck.
5. The applicant shall provide for review and approval by the City Council an individual water program
which will propose mitigating measures to neutralize projected water demand for the project. The approved
program must be implemented prior to issuance of building permits.
Monitoring Dtptlrtment: Public Works Department
Time Frame: Building permit plan check.
6. At plan check, the applicants shall submit a grading, drainage, and erosion control plan, prepared by a
qualified person. Said plan shall be subject to the review and approval of the Public Works Director. The
plan shall include methods of revegetation of disturbed areas, grading and planting periods, and
maintenance provisions.
- Monitoring DtJ/fJrttllfnt: Public Works Depart/nent
Tilne Fmme: Bllilding permit plan check.
7. All exposed cuts and fills shall be protected from erosion through appropriate methods, including, but not
limited to, hydroseeding, straw bales, energy dissipators, siltation ponds, and other appropriate means. Said
, me~hods shall be described in the grading, drainage, and erosion control plan.
Monilorillg Df!J/(/rtml.'llt: Public Works and Building Departments
Time Frame: During construction.
8. The applicant shall comply with all mitigation measures specified in the grading, drainage, and erosion
control report. I
, Monitoring Department: Public Works and Bllilding Departments
Time Frame: During construction. "
9. The applicant shall adhere to the following construction mitigation. measures established by the Air
Pollution Control District (APeD) and listed on the construction and grading permits (See also Condition
.-.----.""".....-..-..--
234 ORDINNNCE NO. 449C.S.
of Approval 8[b].)
a. Water the site and the equipment in the morning and afternoon;
b. Spread soli binders on the site, unpaved roads and parking areas;
c. Property tune and maintain al1 equipment;
d. Wash trucks leaving the site;
, e. Use low-sulphur fuel for equipment; and
f. ' Configure construction parking to minimize connicts with street traffic.
MOllitoring D/'}/IIrhnrnt: Blli/ding Drpartmtnt
Tim/.' Fralll/.': During constmction.
10. Construction activities shal1 not occur before 7:00 a.m. nor after 6:(x) p.m.
, MOllitoring D/.'ptlrtm/.'nt: Bllilding Drpartmtnt
Tim/.' Fmm/!: Dllring constnlction.
11. All project lighting shal1 be designed such that lighting does not extend beyond the project site.
Monitoring D/.'ptlrtml.'/lt: Planning Dtpartmtnt
Tim/.' Fralll/!: Building penn it plan check.
'12. Prior to receiving an occupancy permit for Phase III, the applicant shal1 complete the additional 52 parking ;;
spaces necessary to support the Phase 111 development.
Monitoring Depart/lltnt: Planning alld Bllildlng Df1/artllltnts I
Tim/.' Fmm/.': Prior to occupancy of Phas/.' 1I1. '-' J
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A TT ACHMENT 9
of providing access and other required improvements for only 2 dwellings is in question, the ,
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extent of other environmental constraints is not resolved. A 'project EIR would be required for ,
General Plan Amendment and PD, Planned Development for any alternative exceeding 5 dwelling
units.
By restricting Planned Development to 5 units, the City intends to avoid irreversible changes on ,
the sensitive environmental resources evident on the bulk of this property which would be further
protected by the Conservation/Open Space classification. Because the property is. otherwise
surrounded by existing residential subdivisions and no urban service extensions are" required for. I
this limited additional residential development, the project is no~ considered growth inducing.
4.) RovalOaks Estates I
Existing Conditions, Pn'or Plans and Regulations
\
This vegetated hillside and creek canyon parallel to and west of Rodeo Drive was designated I
"Estate" residential as part of the Royal Oaks Estates Planned Development on the adopted
General Plan. The area was subdivided into 4 large parcels ranging from 5 to 15 acres in size, I
each allowing 1 house unless converted to institutional uses such as church as occurred at the
north and south end, adjoining Rodeo Drive. The church use on the north end was constructed
on 10 acres rather than the original 13-acre lot, enlarging the undeveloped two lots to the south
by 3 acres creating a 29-acre single ownership parcel with a "flag lot" frontage on Rodeo Drive to I
the south. The 7.5-acre southern parcel, approved for church use but not developed has
subsequently been sold to a private rather than institutional owner. Existing PD zoning and
Development Code allow only one house per parcel unless PD amendment approved by the City I
enables. Institutional use: Assuming that 3 !lndeveloped parcels exist, the current zoning would
allow 3 dwellings, exclusive of the area containing the Coastal Oak Woodland grove on the steep
hillside protected by a tree preservation easement. The 2000 draft map Indicated b~th church I
parcels and the two estate lots as "Open Space", but only the oak grove on the steep hillside to
the east is protected by tree preservation easement. '.
Impacts of the Proposed General Plan I
The proposed General Plan Update provides for Community Facility classification on the existing
church property, while the 3 residential "estate" lots would be designated SFR-LD-PD, Single I
Family Residential, Low Density (Hillside), ~Ianned Development. The 13-acre vegetated hillside
and creek area, including the Landmark Royal Oak tree protection easement would be classified
as Conservation/Open Space. SFR-LD-PD would enable Planned Development at a maximum of 1 I
du/1.5 acres, or 20 dwellings maximum on both existing parcels.
The slopes of the western portion of the undeveloped area would require grading for access and
.
development which would depend on density and design. Potential for increased landslide and I
slope stability exposure and erosion are inherent in hillside development, whether residential or
institutional. Erosion and siltation are potential hillside development impact issues, which would
impact Arroyo Grande Creek rather than Meadow Creek drainage and require on-site' or off-site I
mitigation. A drainage detention and siltation settlement pond may be feasible and appropriate
on-site. Water supply as well as water quality due to increased development potential is a
cumulative Impact issue, as noted above. Low-density residential development anticipated for the I
site is Inherently automobile oriented but the pattern was established by. adjoining subdivisions,
" not feasibly altered by this residual property. A 20 dwelling Planned Development project, if
approved, would contribute 200 trips to Rodeo Drive and possibly require traffic study to I
determine off-site mitigation measures.
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EIR - 44 I
----_._--~--- . _. ._.._--~ "..~, -~,;.; - ..:
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I Alternative institutional uses would be expected' to generate more significant traffic, depending
on type of use and would require specific evaluation for air quality. and circulation impacts. One
possible benefit from additional Planned Development might be traffic reduction on the'
I residential segment of Rodeo Drive if a parallel relief collector or local street were extended .
through this property. The biological resources of the undeveloped 37 acres have not been
surveyed nor evaluated, but approximately 13 acres of Oak Woodland are protected by the tree
protection easement for the "Landmark" grove east of the creek, while the remainder !s not well
I vegetated.
Energy and minerai resources are not Impact Issues for potential planned development, but
I exposure to landslide and slope stability would be Inherent In hillside development. Noise from
~his potential Planned Development Is a concern to adjoining residents, but has not been
evaluated for other low density residential or possible Institutional uses. Public services and
I utilities are capable of service to the undeveloped properties, already surrounded by more
Intensive residential and Institutional uses. Aesthetics. of additional low-density residential
development or alternative Institutional uses are not a significant impact issue, assuming tree
preservation and considering the isolated visual exposure for most of the property. Archeological
I resources have not been identified on-site but would be considered by project EIR for Planned
Development. The property Is near Rancho Grande Park and Planned Development would be
required to contribute Impact fees for park Improvement. Additionally, proposed recreational trail
I traverses the property adjoining the creek, connecting the West Branch Regional Community
Facilities tothe park and church to the north.
I Alternatives, Evaluations and Explanations.
The rang~ of land use and planning considered reasonable for these parcels range from 3 to 20
dwelling units subject to PD approval and General Plan Update. Population anQ housing would
I range from 9 to approximately 60 residents depending on number of homes allowe~.
Create a PD classification similar to the 1990 and allow one house per existing parcel
a.
I unless a PD al1.1endment is approved;
b. Classify as C/OS-PD and allow 1 house per parcel or 1 du/S ac enabling 3 or more units
I depending on whether the tree preservation agreement area is included in the PD;
c. Classify as C/OS and SFR-VLD-PD or 1 du/2.5 ac. enabling 2 or 3 u!,!its per parcel,
; exclusive of the oak grove for a total of 6 to 8 homes subject to PD approval; and,
I d. Classify as SFR-LD-PD and C/OS at 1 du/1.S ac. or 1 du/ac. enabling consideration of
.- subdivision to approximately 20 homesites on the three parcels exclusive of the oak
1:- grove.
The 2001 General Plan Update proposes alternative 'd', CF Community Facility classification
I on the church lot while the 3 residential lots would be designated Single Family Residential,
Low Density, Planned Development, limited to a maximum of 20 dwellings total. The
vegetated hillside and creek area subject to tree preservation easement Owould be shown as
Conservation/Open Space. A project EIR would be required.
I Regarding other alternatives, the General Plan Update .a~empts to avoid the PD classification
used in the 1990 plan because that classification did not identify the actual uses allowed by
I Planned Development, revealed only by research of related zoning and Development Code
regulations.
I
RR - 4S
I
The C/OS classification or the SFR-VLD-PD classification enabling from 3 to 8 dwellings would be .. I
."
environmentally superior alternatives due to reduced residential potential. (Fewer dwellings I
generally create less impact both on-site and cumulative). The feasibility of these lower density
alternatives is, however, questionable due to required access and infrastructure improvements
such as street,' underground utilities, water, sewer, drainage and proposed recreational trail.
Higher density Planned Development alternatives, such as 1 du/ac or 2.5 du/ac are considered I
incompatible with adjoining Rancho Grande low density single family subdivisions to the west ..
that overview the undeveloped subject properties. I
The prerequisite for project EIR is considered the basic mitigation measure to determine potential
impacts and appropriate design and density of proposed PD consistent with the General Plan I
Update.
5.) Printz Noves and Oak Park Roads - Northern Sohere or InHuence
. Existing Conditions, Prior Plans and Regulations I
North of the City limits, the adopted LAFCO plans include a large portion of the San Luis Bay- I
Inland Land Use Element's Residential Suburban "Arroyo Grande Fringe Area" as within the City's
Sphere of Influence, implying potel'!tial. annexation. Most of the properties along Printz, Noyes
and Oak Park Roads. and numerous local streets and private driveways branching from these . I
three County roads have been fragmented into parcels ranging from 1 to 5 acres, making future
conversion to urban residential improbable. Water, sewerl roads, drainage systems, fire and
police services associated with annexatiol) and urban use would be very expensive and require I
areawid~ improvements unlikely with hundreds of partially developed Residential Suburban
fragmented parcels.
The City's 1990 General Plan did not include this area as part of the Urban Land Use' Element, but I
it is nonetheless within both the City's and South County Sanitation District's Sphere of Influence
(SOl) approved by the Local Agency Formation Commission (LAFCO). Composed of more than
760 acres (1.2 square miles) the western two thirds of this large area Involves approximately 500 I
acres of Canyons No. 1 and No.2, including Oak Park Road and Noyes Road respectively, within
'the Meadow Creek watershed. The eastern third of the area, containing approximately 200 acres
of Poorman Canyon and 60 acres of Carpenter Canyon traversed by Printz Road and Carpenter I
Canyon Road/Highway 227 respectively, are part of the Tally Ho/Arroyo Grande Creek watershed.
These three separate drainage areas are Identified by examination of Map EIR-1, which is an
excerpt of the USGS Arroyo Grande quadrangle map used to depict the Planning Area known as
the Area of Environmental Concern. I
This Sphere of Influence area implies a potential "Northern Expansion Area" of the City into only
a small portion of the large County Residential Suburban and Residential Rural Arroyo Grande I
Fringe Area, Involving approximately 2,865 acres, and 3,585 acres, respectively. As noted above,
however, the feasibility of this large Northern Expansion is very doubtful, due to fragm~ntation.
This 1.2 square mile Northern Expansion Area Is both deceptive and detrimental in that it falsely I
iniplies potential for more than a 20% geographic addition to the City's current 5.5 square mile
area for futu.re urban growth and development.
I
. I
EIR - 46 I
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I [iV A TT ACHMENT 10
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MINUTES PAGE 3
PLANNING COMMISSION A TT ACHMENT 11
MAY 7,2002
NON-PUBLIC HEARING - PRE-APPLICATION REVIEW CASE NO. 02-003;
APPLICANT - DON MCHANEY; LOCATION - LOT 1821, TRACT 1390, ROYAL
OAKS SUBDIVISION. Staff report by Kelly Heffernon.
Ms. Heffernon presented the staff report giving some detail on the history and
background of the project. She said that in January 1 999 the project was placed
on hold pending the outcome of the General Plan Update. She further stated that
the applicant has now submitted a Pre-Application to subdivide the property into
15 residential lots, and dedicate two separate open space areas to the City.
Further, because Tract 2236 is a Vesting Map, the applicant will likely want to
formally withdraw and resubmit the project to vest the map under the new General
Plan.
The General Plan Land Use Map designates the project site as both IIPlann ed
Development" with an underlying land use of Low Density Residential and
IIConservation Open Space". The Land Use Element allows cluster developments
on residential hillside areas, with a maximum density of 0.67 dwelling units per
acre. With 29 acres and 15 parcels, the density is about .5 dwelling units per acre,
and within the allowable density requirements.
Staff initially reviewed a proposal that had a private access road running parallel to
the Grace Lane extension, reducing the number of access points onto Grace Lane
and thereby avoiding traffic hazards caused by people backing out of driveways
directly into the public right-of-way. The project was revised to eliminate the
access road and instead provide shared driveway, aprons for adjoining parcels.
Eliminating the private road also eliminated the need for landscape maintenance
through a Homeowner's Association.
In addition, Ms. Heffernon suggested that as an alternative design concept, the use
of shared circular driveways could be more attractive with larger landscaped areas
maintained by individual homeowners and could serve the same purpose as the
private access road.
Finally, Ms. Heffernon stated that the Parks and Recreation Department has
recommended that the City not accept land dedications for passive recreation
purposes as their Department's priority is for lIacti ve" recreation facilities. Parks
and Recreation therefore does not recommend accepting the proposed 1 7 . 7 -acre
land dedication for this project.
Commissioner Brown questioned if there was a prior covenant not to develop this
site?
Ms. Heffernon said that per the Royal Oaks Planned Development, three of the lots
were designated to be developed with one residential unit or institutional use, but
~-_._,,-
MINUTES PAGE 4
PLANNING COMMISSION
MAY 7, 2002
the 2001 General Plan superceded the prior ordinance for Royal Oaks with regard to
density requirements for this particular property.
Rodger Olds, Public works, in answer to a question from Commissioner Fowler said the
sewer for this development will become gravity flow after the sewer for the previous
tract has been abandoned.
Commissioner Keen asked who was maintaining the open space at this time?
Ms. Heffernon said at this time the landowners are taking care of the open space.
Commissioner Guthrie asked about Lot 184 and how it would be developed?
Ms. Heffernon said a portion of Lot 'B', Lot 182 and Lot 184 are shown in the 2001
General Plan as Planned Development. Lot 184 is not part of this project.
Chair Costello also asked about language in the prior covenant.
Ms. Heffernon said the 2001 General Plan supercedes the prior covenant and the
underlying land use designation allows for greater flexibility.
Carlo Alfano, Applicant, and Jeff Emerick, EDA representative, both spoke clarifying the
history of the site and the placement of the lots.
Chair Costello had a concern with regard to traffic through the project and how busy this
road would be.
Mr. Emerick said this could be variable and it would depend on how the Public Works
Department deals with this with regard to traffic signs, etc.
Commissioner Brown commented that he would like to be assured that the neighbors
would be noticed when the project is ready to go forward. In addition, he stated that he
would like to make sure that staff and applicant check the prior ordinance in greater
detail before it comes back to the Planning Commission.
Commissioner Guthrie said careful consideration should be given to how Lot #12 is
developed, as this could be a sensitive area given the slope and vegetation. In addition,
he suggested that part of the open space might be used for a pathway to connect
Rodeo Road to the library without having to go all the way to West Branch Street.
Commissioner Keen said he was glad to see this development finally coming forward
again, but he still had concerns about the configuration of people backing out onto the
street. He preferred the plan with the private road because it would reduce the number
of places people could back out of.
Commissioner Fowler had concerns with the suggestion to have some apron designs or
private circular driveways with landscaping that would be left to homeowners to take
care of, because shared areas are sometimes not taken care of. In addition, she
---.--.--
MINUTES PAGE 5
PLANNING COMMISSION
MAY 7,2002
preferred to see the turnaround driveways on each parcel separately rather than the
private shared road.
Commissioner Brown said he thought this project would really improve the circulation in
the area.
Chair Costello commented:
. The proposed project is a good use for this property.
. This development should improve circulation.
. He had concerns with traffic on this road and said the driveway design should be
carefully considered for safety because this may become a busy street.
. The Land Conservancy could be a good choice for accepting the open space
dedication.
Ms. Heffernon said the Pre-Application would next go to City Council on May 28th.
DISCUSSION ITEMS
Rodger Olds gave an explanation of the difference between retention and detention
basins. He also gave an update on the undergrounding of the overhead wires for
the DeBlauw office project on East Grand Avenue.
PLANNING COMMISSION ITEMS AND COMMENTS
Commissioner Keen stated that the Planning Commission would like to request
guidance from City Council with respect to waiving the requirement to underground
overhead utilities and would like this concern addressed as soon as possible.
COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOllOW-UP
Ms. Heffernon, Acting Director, gave an update on Community Development
projects.
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned
at 8:30 p.m. on a motion by Commissioner Keen, seconded by Chair Costello, and
unanimously carried.
ATTEST:
l YN REARDON-SMITH, JOSEPH M. COSTEllO, CHAIR
COMMISSION CLERK
AS TO CONTENT:
ATTACHMENT 12
..
February 10. 2003
Rob Strong '.
Community Development Director
City of Arroyo Grande
Dear Rob:
Don McHaney ofRFlMAX Ocean West sent us your request for a letter from Grace
Bible Church that we would cooperate with project offsite and roadway improvements.
We have always known that Grace Lane would continue on and reconnect with Rodeo
Drive there above St Pats School. We will cooperate with this project as to being
inconvenienced with traffic delays and the normal things that go along with construction.
Sincerely.
~~
Jim Matthews
Chairman Administration Team
Grace Bible Church
GRACE BIBLE CHURCH
100 Rodeo Drive, P.O. Box 1210, Arroyo Grande, California 93421
(805) 489-4200 · Fax (805) 489-9296
.--
A TT ACHMENT 13
August 28, 2003
Don Mchaney GRACE
Remax
1566 Grand Ave.
Grover Beach, CA 93433
Subject: Housing development tract #2236
Mr. Mchaney
During the recent informal meeting with Rob Strong, Planning Director for the city of
Arroyo Grande and several other concerned people with the above project, Grace Bible
Church was ask to respond to the designs as submitted and give our approval or dis-
approval based on the information submitted.
The following is based on drawings submitted by "EDA" for tract 2236 and submitted
drawing design for "parcel C" which shows 4 moderate priced homes.
The board of Elders for Grace Bible Church met on August 25, 2003 and approved the
following.
"The Elders approved by motion to relinquish part of the overflow parking area (to create
a driveway to some proposed housing units) on the condition that they (the developer &
City of A"oyo Grande) adjust Grace Lane (to preserve and maintain all the existing
parking, approx 12 spaces located in front of office area) and create a r entrance & exit
to Grace Lane from the parking lot adjacent to the gym building. "
It is understood that the main entrance, 2 lanes entrance & 2 lanes exiting Grace Bible
would be directly opposite the driveway for access to the 4 unit housing complex. The only
land Grace Bible Church is surrendering in this agreement is for the driveway to the homes.
All costs, engineering and permits to accomplish the above to be paid by the developer.
Sincerely,
Mike Ri e
Vice Chairman
GBC Elder Board
/' C/C Rob Strong, AG City Planning Dir.
GRACE BIBLE CHURCH
100 Rodeo Drive, Arroyo Grande, California 93420 · (805) 489-4200 · Fax (805) 489-9296
Joe Bubar, Senior Pastor · Roy Fruits, Pastor of Adult Ministries · Bob Williford, Pastor of Student Ministries
Karol Brown, Director of Children's Ministries · Delbert McLaughlin, Minister of Pastoral Care
A TT ACHMENT 14 ~ \t\
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A TT ACHMENT 17
CITY OF ARROYO GRANDE
- INITIAL STUDY -
1. Project Title: Development Code Amendment 02-001; and
Vesting Tentative Tract Map 02-005
2. Lead Agency Name & Address: City of Arroyo Grande
P.O. Box 550/214 E. Branch Street
Arroyo Grande, CA 93421
3. Contact Person & Phone #: Kelly Heffernon
(805) 473-5420
4. Project Location: Grace Lane; Royal Oaks Planned Development; Lot 82 and
portion of Lot B, Tract 1390
Arroyo Grande, CA 93420
5. Project Sponsor's Name & Address: Don McHaney
1566 Grand Avenue
Grover Beach, CA 93433
6. General Plan Designation: Low Density (LD) with a Planned Development (PD) overlay;
1 .0 dwelling unit per acre
7. Zoning: Residential Rural (RR) with a PD overlay
1
8. Description of Project: (Describe the whole action involved, including but not limited to later phases of
the project, and any secondary, support, or off-site features necessary for its implementation. Attach
additional sheets if necessary.)
The applicant proposes to subdivide a 29.46-acre property into 15 residential lots ranging in size from
0.41 to 1.14 acres and designate a 0.47-acre area and a15.95-acre area as perpetual open space
(proposed Lots A and B). The open space areas will serve to protect the native vegetation and the
natural drainage swales that traverse the site. Also proposed is the development of four (4) moderate-
income family residences on a 1.28-acre site adjacent to the open space parcel. The Development
Code Amendment is necessary to change the existing PD 1.3 restriction of allowing only one dwelling
on each original" estate" lot.
9. Other agencies whose approval is required (and permits needed):
None
2
-------------"..._--
DETERMINATION.
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A NEGATIVE DECLARATION will be prepared. X
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposal MAY have a significant effect(s) on the environment, but at least one effect 1) has
been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the
effect is a "potentially significant impact" or "potentially significant unless mitigated". An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be
addres ed. 1/;6/03
Date
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a
"POTENTIALLY SIGNIFICANT IMPACT" or "POTENTIALLY IS SIGNIFICANT UNLESS MITIGATED", as indicated by the checklist on
the following pages.
. Land Use and Planning . Biological Resources . Public Services
o Population and Housing o Energy and Mineral Resources o Utilities and Service Systems
. Geophysical . Hazards . Aesthetics
. Water . Noise . Cultural Resources
. Air Quality o Mandatory Findings of Significance . Recreation
. Transportation/Circulation
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information
sources a lead agency cites in the parentheses fol/owing each question. A "No Impact" question is adequately supported if the
referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project
falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project specific factors as
well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific
screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-
level, indirect as well as direct, and construction as well as operations impacts.
3. "Potentially Significant Impact" is appropriate if an effect is significant or potentially significant, or is the lead agency lacks
information to make a finding of insignificance. If there are one or more "Potentially Significant Impact" entries when the
determination is made, an EIR is required.
4; "Potentially Significant Unless Mitigated" applies where the incorporation of mitigation measures has reduced an effect from
"Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures
and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier
Analyses", may be cross referenced.)
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CECA process, an effect has been
adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section
XVII at the end of the checklist.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g.,
general plans, zoning ordinances). A Source List should be attached and other sources used or individuals should be cited in the
discussion.
3
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I. LAND USE AND PLANNING. Would the proposal:
a) Conflict with general plan designation or zoning? X
(source lIs): 1,2,3,4)
b) Conflict with applicable environmental plans or policies
adopted by agencies with jurisdiction over the project?
(source lIs): 1,6,7) X
c) Affect agricultural resources or operations (e.g., impacts
to soils or farmlands, or impacts from incompatible land X
uses)? (source lIs): 9, 11)
d) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)? (source #(s): 2,4,11) X
II. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local population
projections? (source lIs): 1,5,9) X
b) Induce substantial growth in an area either directly or Ii
indirectly (e.g., through projects in an undeveloped area
or extension of major infrastructure)? X
(source lIs): 9,10) i
c) Displace existing housing, especially affordable housing?
(source lIs): 9,10,11) X
III. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts invoMng:
a) Seismicity: fault rupture? (source lIs): 5,6) X
b) Seismicity: ground shaking or liquefaction? .:
(source lIs): 5,6) .. X
c) Seismicity: seiche or tsunami? (source lIs): 5,6) X
d) landslides or mudslides? (source lIs): 5,6) X
e) Erosion, changes in topography or unstable soils Ii...;..;;...
conditions from excavation, grading or fill?
(source lIs): 10) X
f) Subsidence of land? (source lIs): 5,6) Ii X
g) Expansive soils? (source lIs): 5,6) .;:.i X
h) Unique geologic or physical features? (source lIs): ;;:i
5,6,10,11) X
..
4
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Issues, (and Supporting Inforrnatipoi.$pur,ctI$): 1 < .
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IV. WATER: Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or the
rate and amount of surface runoff? (source Its): 1 0) X
b) Exposure to people or property to water related hazards
such as flooding? (source Its): 8) X
cl Discharge into surface waters or other alteration of
surface water quality (e.g., temperature, dissolved "x
oxygen or turbidity? (source #Is): 9) X
b
d) Changes in the amount of surface water in any water ) .
body? (source #(sl: 9, 10) i X
ii
el Changes in currents, or the course or direction of water
movements? (source Its): 9, 10) X
in
f) Change in the quantity of ground waters, either through
direct additions or withdrawals, or through interception
of an aquifer by cuts or excavations?
(source Its): 9, 10) I>i X
g) Altered direction or rate of flow of groundwater?
(source Its): 9, 10) X
h) Impacts to groundwater quality? (source Its): 9,10) X
i) Substantial reduction in the amount of water otherwise ..
available for public water supplies? (source Its): 6)
X
V. AIR QUALITY: Would the proposal:
a) Violate any air quality standard or contribute to an
existing or projected air quality violation? X
(source #(sl: 7, 131
b) Expose sensitive receptors to pollutants? (source Its):
10, 11) X
c) Alter air movement, moisture, or temperature, or cause
any change in climate? (source Its): 9) X
d) Create objectionable odors? (source Its): 9,10) } X
VI. TRANSPORTATION/CIRCULATION. Would the proposal result in:
a) Increased vehicle trips or traffic congestion? (source
Its): 13) X
bl Hazards to safety from design features (e.g., sharp
curves or dangerous intersections) or incompatible uses
(e.g., farm equipment)? (source Its): 9, 10) X
c) Inadequate emergency access or access to nearby sites?
(source Its): 9, 10) X
d) Insufficient parking capacity on-site or off-site? (source
Its): 3, 9, 10) X
5
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Issues (and Supporting InformationSou'r~~.: 7.. iiiiii." ~. No
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e) Hazards or barriers for pedestrians or bicyclists? (source
lIs): 9, 10) X
f) Conflicts with adopted policies supporting alternative
transportation (e.g., bus turnouts, bicycle racks)?
(source lIs): 9, 10) X
VII, BIOLOGICAL RESOURCES. Would the proposal result in impacts to:
a) Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects, X
animals, and birds? (source lIs): 6)
b) Locally designated species (e.g., heritage trees)?
(source#(s): 10, 11) X
c) Locally designated natural communities (e.g., oak forest, Ii
coastal habitat)? (source lIs): 10, 11) X
,'i
d) Wetland habitat (e.g., marsh, riparian and vernal pool)? >
(source lIs): 9, 11)
X
e) Wildlife dispersal or migration corridors? X
(source lIs): 11)
VIII. ENERGY AND MINERAL RESOURCES. Would the proposal:
a) Conflict with adopted energy conservation plans?
(source lIs): 1, 6) X
b) Use non-renewable resources in a wasteful and
inefficient manner? (source lIs): 9, 10) X
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous ,...,
substances (including, but not limited to: oil, pesticides,
chemicals or radiation? (source lIs): 9) X
b) Possible interference with an emergency response plan
or emergency evacuation plan? (source lIs): 9, 10)
Ii X
c) The creation of any health hazard or potential health
hazard? (source lIs): 9, 10) .'.'...... X
d) Exposure of people to existing sources of potential
health hazards? (source lIs): 9,10,11) X
e) Increased fire hazard in areas with flammable brush, X
grass, or trees? (source lIs): 10, 11)
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (source lIs): 1, 9) X
b) Exposure of people to severe noise levels? X
(source lIs): 9, 10)
6
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Issues (and SupportinglnformatfonS()Q~oeSi): $tllll!l!#fjj' /~~.. ~t No
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XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered
government services in any of the fol/owing areas:
a) Fire Protection? (source Its): 6) X
b) Police Protection? (source Its): 6) X
c) Schools? (source Its): 6) X
d) Maintenance of public facilities, including roads? I.
(source Its): 6) X
e) Other governmental services? (source Its): 6) ...... X
'i.
XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or
substantial alterations to the fol/owing utilities:
a) Power or natural gas? (source Its): 9, 10) X
b) Communic.ations systems? (source Its): 9, 10) i X
c) Local or regional water treatment or distribution
facilities? (source Its): 6) ... / X
d) Storm water drainage? (source Its): 6) X
e) Solid waste disposal? (source Its): 6) X
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic vista or scenic highway? X
(source Its): 1, 10, 11) ::.
b) Have a demonstrable negative aesthetic effect? X
(source#(s): 9,10,11) i
c) Create light or glare? (source Its): 9,10) X
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? (source Its): 6, 11) /) X
b) Disturb archaeological resources (source Its): 6, 11) ...........ii. X
c) Affect historical resources? (source Its): 6, 11) X
d) Potentially cause a physical change that would affect
unique ethnic cultural values? (source Its): 11) X
e) Restrict existing religious or sacred uses within the I:
potential impact area? (source Its): 10, 11) X
XV. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or regional parks
or other recreational facilities? (source Its): 1, 3) X
/
b) Affect existing recreational opportunities? X
(source Its): 1, 5)
7
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Issues (and Supporting.lnfqrmatio~S<>ur.~)~ "':;///.., Li ;S .x
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XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
Quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or X
prehistory?
b) Does the project have the potential to achieve short-
term, to the disadvantage of long-term, environmental
goals? I, X
c) Does the project have impacts that are individually
limited. but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other ;..
current projects, and the effects of probable future ii
projects.) X
d) Does the project have environmental effects which will <..
cause substantial adverse effects on human beings,
either directly or indirectly? X
XVII. EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a discussion should
identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed by earlier documents.
c) Mitigation Measures. For effects that are "potentially significant" or .potentially significant unless mitigated",
describe the mitigation measures which were incorporated or refined from the earlier document and the extent to
which they address site-specific conditions for the project.
SOURCE LIST:
1. City of Arroyo Grande General Plan (October 2001)
2. City of Arroyo Grande General Plan land Use Map (October 2001)
3. City of Arroyo Grande Development Code
4. City of Arroyo Grande Zoning Map
5. City of Arroyo Grande Existing Setting and Community Issues Report
6. City of Arroyo Grande General Plan Program EIR (October 2001)
7. Air Pollution Control District Clean Air Plan
8. FEMA - Flood Insurance Rate Map
9. Project Description
10. Project Plans
11 . Site Inspection
12. Ordinance 521 C. S.
13. San Diego Council of Governments - Vehicular Traffic Generation Rates
8
_..~-,--'..__.-
BACKGROUND
The project site is 29.46 acres in size and is located within the Royal Oaks Planned Development (ROPD). The ROPD
contains roughly 1 50 acres and was approved for 229 single-family homes (99 of which are within a Planned Unit
Development and 4 large estate sized lots), and several recreational and institutional uses.
This Planned Development area has had numerous environmental reviews over the last 25 years. Initially, the
Halcyon Hills Environmental Impact Report was conducted in 1978, but the project never developed. In 1984, an
Addendum to the Halcyon Hills EIR was conducted to examine a revised site plan, however this project was
abandoned as well. In 1986, another Addendum to the Halcyon Hills EIR was conducted that examined a project
entitled "Royal Oaks Estates". This project was subsequently developed to the layout and density that exists
today.
In 1998, a Focused EIR was prepared for the "Rodeo Heights Project" which consisted of 38 residential and 2
open space lots on the subject 29-acre property. This EIR was never certified, and the project was abandoned.
However, much of the information from the document is still valid and is therefore referred to in this Initial Study.
PROJECT DESCRIPTION AND ENVIRONMENTAL SETTING
The project evaluated by this Initial Study consists of a Vesting Tentative Tract Map to divide the 29-acre site into 15
residential lots ranging in size from 0.41 to 1.14 acres, one 15.95-acre open space lot, and one 1.28-acre lot for the
development of 4 moderate-income housing units. The moderate-income units will be developed per the conceptual
plan proposed with the current application, but formally processed under a separate application. The Development
Code Amendment is required to remove the existing PD 1.3 restriction of one dwelling unit on each original" estate"
lot.
The site is currently vacant, and is located in the northwest portion of the City in an area of moderate to steep
hillsides. A portion of the site was previously graded, resulting in topography ranging form almost flat to slopes
exceeding 35%. Two drainage swales traverse the site, one identified as Lot A located between Lots 11 and 12 to
be preserved as open space, and one located on the west side of Lot 15. Surrounding land uses include the Grace
Bible Church and single family homes to the north; single family homes within the Ranch Grande Planned
Development to the West; and mostly undeveloped areas to the south and east. Further to the east are single-family
residences along Rodeo Drive.
Vehicular access to the site is proposed by extending Grace Lane at the northern tract boundary down to connect
with Rodeo Drive at the southern tract boundary. The street is proposed to be 40 feet curb to curb within a 52-foot
right-of-way. The proposed 52-foot right-of-way would consist of two travel lanes, bike lanes, curb, gutter and
sidewalk (sidewalk and parking proposed on the west side of the street only). All 15 lots would be accessed from the
public street via shared driveways.
The onsite sewage collection and water distribution system will be. connected to existing City facilities located in
Grace Lane and Rodeo Drive and extended along the proposed Grace Lane extension. Storm water flows will be
conveyed by concrete curb and gutters to a storm drainage system that will tie into existing storm drain facilities.
EXPLANATIONS TO INITIAL STUDY CHECKLIST:
I. LAND USE AND PLANNING
The applicant is proposing to subdivide a 29-acre property into 15 single-family residential lots. The Royal
Oaks Planned Development established a maximum density of 235 dwelling units on the approximate 150-
acre site. The subject property is designated as Lot 182 on the Planned Development. Under the existing
Planned Development, Lot 182 can only be developed with one single-family home, or an institutional use
with a rezone. Therefore, the proposed project is not consistent with the Royal Oaks Planned Development,
which is an appendix to the City' s Development Code. The project is, however, consistent with the 2001
General Plan, which designates this property as Low Density (LD) residential, allowing up to one dwelling unit
per acre.
9
..~-,~--~,.._"'..'--
To help offset the need for affordable housing as mandated by the State Department of Housing and Urban
Development through the Housing Element Update process, the applicant is required to either set aside a
percentage of the units for moderate income families, donate land for construction of affordable housing
units, or pay an in-lieu fee. The applicant proposes to satisfy this requirement by setting aside a 1.28-acre
parcel (Lot C) for the development of four (4) homes restricted to families having moderate-income levels.
Analysis of Significance: Potentially significant unless mitigated
Mitigation Measure:
1. . A covenant shall be recorded for Lot C specifying that construction of the four (4) homes on
this property shall be restricted to families having a moderate income as determined by the
State Health & Safety Code Section 50093 and converted to San Luis Obispo County' s
affordable housing standards. The restrictive covenant shall specify that the affordability of
the units shall remain for a "rolling" thirty (30) year period, not to exceed 90 years, through a
deed restriction.
Monitoring: The developer shall record the restrictive covenant regarding
the affordability of the four units on Lot C.
Responsible Department: Administrative Services and Community Development
Departments
Timeframe: Prior to issuing a building permit
II. POPULATION & HOUSING
The General Plan and Royal Oaks Planned Development currently allow the development of one single family
home on the proposed project site. The proposed project would create 15 single-family homes and 4
moderate-income housing units. This would theoretically increase the City population by about 47 people (19
dwelling units X 2.45 persons per household). Though this added population would add to the City' s
projected population, it is not a significant amount when added to the City' s theoretical build out projection
of 20,000 residents, nor require major displacement of existing housing. Therefore, the impact is considered
less than significant and no mitigation is required.
Analysis of Significance: Less than significant impact
III. GEOPHYSICAL
Leighton and Associates, Inc. conducted a preliminary assessment of the slope stability, erosion potential, and
potential impacts to soils conditions for the Rodeo Heights Focused EIR (Attachment A). The soils analysis
was used as a reference for reviewing the impacts of the current project since the site has not been disturbed
since the report was written in 1998.
Seismicity
Based on the General Plan and review of the Alquist-Priolo Zone Fault maps, the proposed project is not
located on a known earthquake fault subject to rupture. The proposed project will be subject to the effects of
periodic seismic events in the region, including ground shaking. However, exposure of people to these events
can generally be mitigated to an acceptable level of risk by following Uniform Building Code development
standards.
Analysis of Significance: Less than significant impact
GradinQ and Erosion
The portion of the site proposed for development has been extensively graded in the past. A large flat
terraced area was created on proposed Lots 9-11, along with a dirt road at the bottom of the western slopes
that runs north and south, bisecting the western and eastern portions of the site. Previously imported fill soils
on the site appear to be highly erodible given the damage from erosion that has occurred in areas where
surface runoff is concentrated and in areas that lack drainage devices or erosion protection. An example is
the deep eroded channel located at the base of the cut slope along the dirt road. The quality of the fill soils
also appears to be poor, evident in its inability to support vegetation.
10
-----.....-
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To minimize erosion, building pads are proposed on the flatter portion of the property adjacent to the Grace
Lane extension, as identified on the Design Guidelines Plan. However, because of the high potential for
further erosion of fill areas, all existing features at the site subject to slippage and erosion must be repaired,
and drainage devices and corrective grading must be incorporated to prevent the uncontrolled concentration
of surface runoff.
Analysis of Significance: Potentially significant unless mitigated
Mitigation Measure:
2. The applicant shall submit a preliminary soils report that includes the following:
a. An evaluation of the existing slope supporting the proposed road.
b. An analysis of additional drainage introduced to the existing swale (Lot A) adjacent to
Lot 11 with recommendations for the protection of the slope bank.
Monitoring: The applicant shall submit a preliminary soils report
Responsible Department: Public Works Department
Timeframe: Prior to issuing a grading permit
IV. WA TER/DRAINAGE
Development of the currently vacant site will increase impervious surfaces, which in turn will change
absorption rates and increase the amount of run-off. Drainage from the site will be collected by means of an
existing 36" RCP storm drain culvert that will divert surface water down into the drainage basin. Existing
drainage facilities would accommodate the increased flows with upgrades to these existing facilities. Detailed
drainage calculations would be reviewed as part of the plan check process.
Analysis of Significance: Potentially significant unless mitigated
Mitigation Measure:
3. As part of the tract improvements plan check, the applicant shall provide detailed drainage
calculations indicating that increased run-off can be accommodated by existing and upgraded
facilities to the satisfaction of the Director of Public Works.
Monitoring: Review of tract improvement and grading plans
Responsible Department: Public Works Department
Timeframe: Prior to acceptance of tract improvements for construction
The proposed project will not significantly change the quantity of ground water through direct additions or
withdrawals, since the project description does not include improvements that would change ground water
through these methods. The rate of flow or quality of groundwater is also not anticipated to change as a
result of this project. Impacts to groundwater quality or rate of flow will not significantly change due to this
project.
Analysis of Significance: Less than significant impact
Development of this project will require water for both domestic use and landscape irrigation. Projected water
demand is approximately 9.5 acre-feet of water per year (19 units x 0.5 acre-feet). The water consumption
by this project would further reduce the amount of available water. This impact could be mitigated through
conservation and the development and implementation of an individual water neutralization program.
11
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Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measures:
4. All new construction shall utilize fixtures and designs which minimize water usage. Such
fixtures shall include, but are not limited to, low flow shower heads, water saving toilets,
instant water heaters or hot water recirculating systems, and drip irrigation with drought
tolerant landscaping. Water conserving designs and fixtures shall be installed prior to final
occupancy for each residence.
Monitoring: Field inspection of each residence
Responsible Department: Building and Fire Department
Timeframe: Prior to issuance of Certificate of Occupancy
5. All tract landscaping shall be consistent with water conservation practices including the use of
drip irrigation, mulch, gravel, bark, and native plantings. To the greatest extent possible, lawn
areas and areas requiring spray irrigation shall be minimized.
Monitoring: Review of landscaping plans
Responsible Department: Parks & Recreation and Community Development Departments
Timeframe: Prior to construction of tract improvements
6. 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 an in lieu fee.
For measures 4-6:
Monitoring: Review of individual water program or payment of the in lieu
fee
Responsible Department: Public Works Department
Timeframe: Prior to issuance of building permit
V. AIR QUALITY
The proposed project would generate approximately 190 average daily automobile trips. Emissions from the
trips generated would produce less than 10 Ibs. of emissions per day. Based on the San Luis Obispo County
Air Pollution Control District (SLO APCD) emissions thresholds, the proposed project would not have a
significant adverse impact on air quality, but does require mitigation.
In addition to the vehicle trips generated by the project, construction activities would generate dust, which
could cause potentially significant environmental impacts. In San Luis Obispo County, ozone and PM10 are
the pollutants of primary concern, since state health-based standards for those are exceeded in portions of the
county in most years. For this reason, San Luis Obispo County is considered to be in non-attainment of the state
standards for both ozone and PM10. The major sources of PM10 include mineral quarries, grading, demolition,
agricultural tilling, road dust and vehicle exhaust.
Grading and construction of the project would occur over a period of months. Short-term impacts related to dust
generation from site preparation and grading could result in dust generation that could affect adjacent properties.
Conditions placed on the project would reduce short-term dust generation during construction of the project to less
than significant levels.
Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site.
The dust control measures listed below shall be followed during construction of the project, and shall be shown on
grading and building plans.
12
,^.~-..._,~..",.""",,>-
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measures:
7. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle
movement damp enough to prevent dust from leaving the site. At a minimum, this would include
wetting down such areas in the later moming 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.
9. 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.
10. Install wheel washers where vehicles enter and exit unpaved roads on to streets, or wash off trucks
and equipment leaving the site.
11. Sweep streets at the end of each day if visible soil material is carried on to adjacent paved roads.
Water sweepers with reclaimed water should be used where feasible.
For measures 7-11:
Monitoring: Review of grading and building plans and site inspections
Responsible Department: The Public Works and Building and Fire Departments shall inspect
plans, and the Community Development Department shall spot
check in the field
Timeframe: Prior to issuance of grading permit
VI. TRANSPORT A TION/CIRCUlA TION
Access to the project site is from an extension of Grace Lane to the north that intersects with Rodeo Drive to
the south. Both of these roads are identified as collector streets within the City' s Circulation Element, which
have a 60-foot right of way. Because of the steep topography of the site, Grace Lane is proposed with a 52-
foot right of way. This narrower width is acceptable to the Public Works Department in light of the site
constraints.
Based on trip generation estimates developed by the San Diego Area Council of Governments, the
development is estimated to generate 190 new daily trips, with 15 trips during the AM peak hour and 19 trips
during the PM peak hour. Traffic operations at intersections in the vicinity of the project are expected to
accommodate the additional trips without reducing the level of service to an unacceptable level. Therefore,
no project specific mitigations are required.
However, the project traffic would contribute to the cumulative negative impact on the backbone circulation
system. These long-range traffic impacts can be mitigated by the City' s Standard Condition requiring
payment of the City's Traffic Impact and Signalization Fees as adopted by the City Council.
Analysis of Significance: Potentially significant unless mitigated
Mitigation. Measu re:
12. The applicant shall pay the City' s Traffic Signalization and Transportation Facilities Impact fees
prior to issuance of building permit.
Monitoring: The applicant shall pay the fees
Responsible Dept./Agency: Building & Fire Department
Timeframe: Prior to issuance of building permit
13
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VII. BIOLOGICAL RESOURCES
A Biological Report was prepared for the Rodeo Heights EIR in 1998 (Attachment B). The project site
contains native and introduced grasses, shrubs and trees. The majority of the west-facing slope is comprised
of oak woodland, and is included in an existing tree preservation easement (proposed open space Lot B).
Another coast live oak woodland is located on the east-facing slope located in the western side of the project
site. Several of these trees are located within proposed open space Lot A, while the majority are located on
proposed Lot 12. Most of the project construction will occur on previously disturbed areas, and no trees are
proposed to be removed. However, construction activities will occur near several of the oak trees and
therefore the following tree protection measures are required.
Analysis of Significance: Potentially significant unless mitigated
Mitigation Measures:
13. The applicant shall retain an arborist during the grading and construction phases of the project
to ensure tree protection measures are implemented.
Monitoring: Field inspection
Responsible Department: Parks & Recreation, Community Development Departments
Timeframe: During grading and construction
14. Protective fencing shall be installed around each tree to remain at the dripline, or as directed in
the field by the arborist. The fencing shall be installed prior to any site clearing, grading, or
demolition activities, and shall remain in place until construction is complete, including
landscaping. Weatherproof signs shall be permanently posted on the fences, stating the
following:
Tree Protection Zone
No personnel, equipment, materials, or vehicles are allowed
Do Not move or remove this fence
[Name of arborist or consultant]
[Name and phone number of developer or general contractor]
Monitoring: Field inspection
Responsible Department: Parks & Recreation, Community Development Departments
Timeframe: Prior to issuance of grading permit
IX. HAZARDS
The project does not pose an undue risk to project occupants or occupants of surrounding properties. The
applicant will be responsible for maintaining the open space area located on the east side of the project site
(open space Lot B) for fire protection purposes.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measure:
15. The open space property (Lot B) located on the east side of the project site shall be maintained
through either a Maintenance District or a Homeowners Association, according to the Fuel
Modification Specifications (Attachment C).
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Monitoring: The applicant shall follow the Fuel Modification Specifications
Responsible Department: Building & Fire Department
Timeframe: On-going
X. NOISE
The proposed project will develop a site that is currently vacant and adjacent to residential development to
the north, west and east. Some noise will be generated from additional vehicles in the area. However, noise
from residential traffic (stops and starts) is generally within acceptable decibel ranges. Noise generated as a
result of residential uses will therefore be less than significant. Severe short-term noise impacts may be
created during the construction phase of this project, which may adversely affect surrounding residential
properties. Therefore, the following standard mitigation measures should be implemented.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measures:
16. All construction equipment shall be provided with well-maintained mufflers to limit noise.
17. All construction activities shall be limited to the hours of 8:00 AM to 5:00 PM Monday
through Saturday. No construction shall occur on Sunday.
18. 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 measures 16-18:
Monitoring: Notes shall be placed on the construction plans referencing the
above measures.
Responsible Department: Public Works Department
Timeframe: During construction
XI. PUBLIC SERVICES
The proposed project would result in the addition of 19 single-family residences to the City. Assuming an
occupancy of 2.45 persons per household, the project would add approximately 47 persons to the City's
service area. This added population would increase the demand for fire and police protection services, but not
beyond levels anticipated by the General Plan for City buildout. Per the Master Sewer Plan, approved
November 13, 2001, the project will add demand to portions of the City's sewer system that are currently
over capacity. Through the sewer hookup fees, the developer will pay the project' s proportional share of
impact fees to mitigate the additional demand.
Analysis of Significance: Potentially significant unless mitigated
Mitigation Measure:
19. Prior to issuance of a building permit, the applicant/developer shall obtain approval from the
South San Luis Obispo County Sanitation District for any development impacts to district
facilities, and pay the project' s fair share of impact fees.
Monitoring: The applicant shall obtain approval from the Sanitation District
and pay proportional share of impact fees, as determined by
the Sanitation District.
Responsible Dept./Agency: Public Works Dept./So. San Luis Obispo County Sanitation
District
Timeframe: Prior to final recordation of the map
The project is expected to add approximately thirteen (13) school-aged children to the Lucia Mar Unified
School District based on a student yield factor of 0.7, which will impact the capacity of local schools. As
allowed by State Law, the Lucia Mar Unified School District has a development fee established by the school
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Monitoring: The applicant shall follow the Fuel Modification Specifications
Responsible Department: Building & Fire Department
Timeframe: On-going
X. NOISE
The proposed project will develop a site that is currently vacant and adjacent to residential development to
the north, west and east. Some noise will be generated from additional vehicles in the area. However, noise
from residential traffic (stops and starts) is generally within acceptable decibel ranges. Noise generated as a
result of residential uses will therefore be less than significant. Severe short-term noise impacts may be
created during the construction phase of this project, which may adversely affect surrounding residential
properties. Therefore, the following standard mitigation measures should be implemented.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measures:
16. All construction equipment shall be provided with well-maintained mufflers to limit noise.
17. All construction activities shall be limited to the hours of 8:00 AM to 5:00 PM Monday
through Saturday. No construction shall occur on Sunday.
18. 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 measures 16-18:
Monitoring: Notes shall be placed on the construction plans referencing the
above measures.
Responsible Department: Public Works Department
Timeframe: During construction
XI. PUBLIC SERVICES
The proposed project would result in the addition of 19 single-family residences to the City. Assuming an
occupancy of 2.45 persons per household, the project would add approximately 47 persons to the City's
service area. This added population would increase the demand for fire and police protection services, but not
beyond levels anticipated by the General Plan for City buildout. Per the Master Sewer Plan, approved
November 13, 2001, the project will add demand to portions of the City's sewer system that are currently
over capacity. Through the sewer hookup fees, the developer will pay the project' s proportional share of
impact fees to mitigate the additional demand.
Analysis of Significance: Potentially significant unless mitigated
Mitigation Measure:
19. Prior to issuance of a building permit, the applicant/developer shall obtain approval from the
South San Luis Obispo County Sanitation District for any development impacts to district facilities,
and pay the project' s fair share of impact fees.
Monitoring: The applicant shall obtain approval from the Sanitation District
and pay proportional share of impact fees, as determined by
the Sanitation District.
Responsible Dept./Agency: Public Works Dept./So. San Luis Obispo County Sanitation
District
Timeframe: Prior to final recordation of the map
The project is expected to add approximately thirteen (13) school-aged children to the Lucia Mar Unified
School District based on a student yield factor of 0.7, which will impact the capacity of local schools. As
allowed by State Law, the Lucia Mar Unified School District has a development fee established by the school
15
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district for new residential and commercial construction to finance any new classrooms. The developer is
already mandated to pay the school impact fee, and no other mitigation is required.
Analysis of Significance: Less than significant impact
XII. UTILITIES AND SERVICE SYSTEMS
The proposed project will not create a significant demand for new or altered power, gas, communication
systems, water treatment capacity or solid waste disposal. The project can tie into the existing infrastructure
for these systems to serve the site. The project is within the expected demand for these systems based on
the growth rate established in the General Plan.
Analysis of Significance: Less than significant impact
XIII. AESTHETICS
Although the area of the project proposed for development has been previously graded and has lost its
natural appearance to some degree, the majority of the project site would be left in natural condition and
several prominent visual features would be preserved, including the oak woodland area on the eastern
slopes of the site, riparian areas, and the natural stream channel. Although the proposed project would
not involve additional grading of the steeper slopes on the western portion of the property, this area is
highly visible from surrounding areas and in need of vegetation to better stabilize the slopes and improve
the existing visual impact. The construction of urban features will also alter the aesthetic character of the
project site.
Proposed open space and landscaping would provide buffers and would serve to partially screen proposed
urban features from the views of surrounding land uses.
Analysis of Significance: Potentially significant unless mitigated
Mitigation Measure:
20. The applicant/developer shall submit a landscape rehabilitation plan to restore the disturbed
slopes located on the western portion of the project site. A licensed landscape architect shall
prepare the plan.
Monitoring: The applicant shall submit a landscape rehabilitation plan.
Responsible Department: Parks & Recreation and Community Development Depts.
Timeframe: Prior to issuance of grading permit
21. The applicant/developer shall submit a landscaping and irrigation plan in addition to site and
building plans for each lot through the Design Review process to ensure proper vegetative
screening, building materials and colors.
Monitoring: The applicant/developer shall submit a Design Review
application for each lot.
Responsible Department: Community Development Dept.
Timeframe: Prior to issuance of building permit
XIV. CULTURAL RESOURCES
The proposed project is not located in an area that has been identified as a known site for cultural resources.
The project site has been previously graded and therefore it is highly unlikely that any cultural resources are
present on the site. However, as a precaution, if cultural resources are encountered during the construction
process, development activities at the site should cease until a qualified archaeologist has been employed to
view and assess the discovery and prepare a mitigation plan.
Analysis of Significance: Less than significant impact
Mitigation Measure:
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22. The following note shall be placed on the grading and improvement plans for the Tract:
"In the event that during grading, construction or development of the project, and
archeological resources are uncovered, all work shall be halted until the City has reviewed the
resources for their significance. If human remains (burials) are encountered, the County
Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide
archaeological studies and/or mitigation measures."
Monitoring: Construction plans shall be reviewed prior to issuance of a
grading permit to ensure the note is in place.
Responsible Department: Public Works Department
Timeframe: Prior to issuance of grading permit
XV. RECREATION
The proposed project would increase demand for City park and recreational facilities. In this case, the Parks
and Recreation Director has indicated that this impact would be mitigated by the City' s Standard Condition
requiring payment of the park development fee.
Analysis of Significance: Potentially significant unless mitigated
Mitigation Measure:
23. Prior to issuance of building permit, the applicant shall pay all applicable park development
fees to the City.
Monitoring: The applicant shall pay the park development fees to the City.
Responsible Department: Parks and Recreation Department
Timeframe: Prior to issuance of building permit
S:\COMMUNITY _DEVELOPMENT\PROJECTS\TTM\Grace Lane\lnitial Study.doc
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I LEIGHTON AND ASSOCIATES, INC.
I Ceo...... .... EIniro........II En....... Conwt.\oool.
March 22, 1998
, Project No. 980070-001
I To: Impact Sciences. Inc.
30343 Canwood Street ATTACHMENT A
, Agoura Hills, California 9130 I
Attention: Mr. Jeff Brinckrnan
, Subject: Preliminary Assessment of Slope Stability, Erosion Potential, Setback Zones and Potential
Impacts to Soils Conditions for the Rodeo Heights Focused Environmental Impact Report,
I Tract 2236 Arroyo Grande, California
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References: See attachment.
,
l. Introduction
.
I Leighton and Associates, Inc., (Leighton) has conducted a preliminary assessment of slope
stability, erosion potential, setback zones and potential impacts to soils conditions for Tract 2236 of
I the proposed Rodeo Heights residential development. The purpose of this prel~minary assessment
is to provide a discussion of pertinent geological and geotechnical issues, and their potential
impacts, if any, on the proposed development, for inclusion in the focused Environmental Impact
I Report (EIR) being prepared by Impact Sciences, Inc. (IS) for the subject site.
2. SCODe of Work
I
As requested by IS, Leighton's scope of work did not encompass the full range of issues ordinarily
considered by the geology and soils section of an EIR due to the focussed nature of the EIR.
I Therefore, Leighton's scope of work consisted of:
. Review of geotechnical reports and a portion of the Initial Study provided by IS for the site
I and surrounding area (see References). A report which documents the current as-graded
condition of the site was not provided for review;
I . Reconnaissance of the su~ject site on March II. 1998;
. Assessment of the stability of existing and proposed slopes (in particular the existing fill
I slopes adjacent to lots 1 to 13);
. Consideration of the need for structural setbacks &om the fill slope descending &om Lots I
J to 13;
I
131344 VIA COUNAS, SUITE I ~2. WESTLAKE VILLAGE. CA 91362 (818) 707-8320 · (BOO) 273-5552
FAX (818) 707-72EO
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( 980070-00 I
. Assessment of the potential for erosion of site soils in both cut and fill conditions, with
recommendations of measures to minimize erosion;
, . Recommendations for avoiding other potential geological and/or geotechnical impacts to
the site, such as landslides, ground water. faulting, seismicity. liquefaction, settlement and
r hydroconsolidation, expansivity, and sulfate content; and,
. Preparation of this report.
, The scope of work did not include any subsurface exploration, laboratory testing, or quantitative
analyses (including slope stability analyses).
t
3. Site DescriDtion
I The site is located approximately 400 feet northeast of the intersection of Rodeo Drive and
I
Mercedes Lane in the City of Arroyo Grande. The site comprises approximately 10 acres along
, the eastern side of an unnamed south-trending drainage, and is approximately 300 feet wide and
1,500 feet long. The site is divided by a sma))er southeast-trending drainage which joins the main
drainage east of the site. Approximately one-third of the site lies to the south of this sma))er
drainage and consists of a natural grass-covered slope; two-thirds of the site to the north of the
I smaller drainage has been rough-graded (which involved the placement offill) to form two large
pads covering Lots I to 13 and Lots 14 to 33, respectively Lots I to 13 appear to be close to
design grade although only the eastern portions of Lots 17 to 30 appear to be close to design
t grade. A cut slope ascends from Lots 17 to 29, although this slope is not at design grade; a fi))
slope descends from Lots I to 13. An unpaved access road, which leads north from Rodeo Drive,
extends along the entire west side of the site. This road is at the base of the grass-covered slope
and on the west side of the rough-graded pads.
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I 4. Pro DOsed DeveloDment
The proposed development consists of a total of 38 lots; Lots I to 33 which have been partially
rough graded to their proposed grade, and Lots 34 to 38 that are planned. Lots 1-13 lie atop the
i existing access road at the west edge of the site. Lots 14-28 occupy the larger (northernmost) of
the two existing pads; lots 29-33 occupy the smaller of the existing pads. Lots 34-38 are
proposed to occupy the grass-covered slope at the south end of the site; proposed grades for these
! lots are not shown. Two additional lo~, Lots A and B, have been designated as open space on the
, southwestern and eastern margins of the site, respectively.
The site plan (Engineering Dev~lopment Associates, Inc., 1997) shows the existing topographic
I contours, the portion of the site that has been rough graded, and the proposed development. The
plan shows recent erosional channels and re-entrants in the filled areas of the site.
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5. Observed Site Conditions
, 5.1 Lots I to 13
I The west (back) part of lots I-I j is crossed by the existing access road at the west side of the site.
This part of the access road lies atop an approximately 25-foot-high fill slope. The base of the fill
slope is approximately 50-70 feet east of, and approximately 20 feet above. the axis of the
, unnamed south-trending drainage west of the site.
The fill exhibits numerous shallow soil slumps which typically occur approximately two-thirds
, the way up the slope. and are approximately 5-10 feet wide and 1-2 feet deep; in a few places.
multiple shallow failures have coalesced into an area several tens of feet across. In several
places. shallow slumping has increased the slope to nearly 1: 1 (h:v)..
, An erosional channel approximately I-foot-deep runs down the middle of the existing access road
and across lots 1-13. A larger erosional channel up to 4-feet-deep has incised the fill along the
east side of the access road across lots 1-6. The layers of fill exposed in this channel are sub-
, parallel to the ground surface; i.e. they dip slightly toward the south.
The east (front) part of lots 1-13 is also underlain by fill. Lots 1-5 occupy part of the small
, existing pad. and lots 6-13 occupy part of the l~ge existing pad. A large erosional re-entrant has
dissected the fill at the eastern end of lots 5 and 6.. This feature. which is the destination for
runoff from the large existing pad and cut slope. has a maximum depth of approximately 8 feet.
, Fill exposed at the base of the re-entrant is medium-dense to loose and ,wet. and typically
comprises abundant well-rounded siltstone and shale ~lasts in a matrix of clayey to sandy silt and
angular siltstone fragments.
, 5.2 Lots 14 to 28
, Lots 14-28 occupy the area of the existing large pad and cut slope. Most of the lots are located
near the base of the existing cut slope. and consequently are expected to have only a few feet of
fill. The exact location of the cut/fill transition line is not apparent due to the growth of grass and
weeds. and silt deposited on the pad by runoff. Standing water was observed at the east (back)
, end of lots 27 and 28.
5.3 Lots 29 to 33
, Lots 29-33 occupy the area of the existing small pad. The east (back) ~JiU't of lots 29 and 30 (and
possibly lots 31 and 32) are underlain by siltstone bedrock; the remainder of the small pad is fill.
t Standing water was observed on lots 29 and 30. The slope between the small and large pads is
partly natural. as shown by hole's'made by boring mollusks in a hard shale clast embedded in the
siltstone bedrock. A low benn at the southwest comer and along the west side of the small pad
( directs runoff to the northwest corner of the pad and onto the existing road near Lots 3 and 4.
5.4 Lots 34 to 38
, Lots 34-38 are proposed to occupy the area of the natural grass-covered slope at the south end of
the site. A large area of standing water is present at the base of the grass-covered slope where the
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980070..00 I I
access road is partly cut into the siltstone bedrock. An exposure of the siltstone bedrock at the
base of the slope shows a layer clayey topsoil several inches thick. A small terrace at the i
southwest comer of the site (lot 38) appears to be natural; a bench at the same elevation is present \
off-site on the west side on the unnamed drainage which borders the site. There is standing water
atop this terrace. Two small slumps were observed on the southern margin of proposed Lot 34.
Two small slope failures are present on the grass-covered slope. Soft. slightly friable, highly-
jointed siltstone is exposed in the headscarps of both slumps. Both slope failures are thickly
overgrown with grass.
6. Potential Hazards Based on Observed Site Conditions
6.1 Lots I to 13
The west-facing fill slope below the existing access road (west side of lots I - I 3) is approximately I
25 feet high, with a gradient of approximately 1.5: 1 (h:v). Proposed grading will add in excess of
5 additional feet of fill making a total height in excess of 30 feet, as shown by the site plan i
,
(Engineering Development Associates, Inc., 1997). Previous considerations of fill slopes at thcf
site (Buena 1986) are only for slopes of30 feet or less at a 2:1 (h:v) gradient. Until such a time as
slope stability analyses demonstrate that this proposed slope of greater than 30 feet in height is
stable, Leighton can only assume that the slope is not stable and will fail, thereby negatively
impacting homes built on the adjacent pads. Therefore, the stability of the as-graded fill slope
requires quantitative analyses. Such analyses are beyond the scope of the current assessment. The
potential for an unstable fill slope along I..ots 1 to 13 is therefore considered a potentially
significant impact. However, it is considered that, with the appropriate analyses, construction of
the proposed slope is feasible. Therefore, with these supporting analyses, the potential impact of
slope failure could be reduced to one of less than significant.
An important consideration in the analysis of slope stability is the quality of the fill that has already
been placed at the site and which comprises this slope. Such infonnation has not been made
available to Leighton. Consequently gross stability of the slope cannot be assessed without
additional materials being reviewed, if such materials are available or, in the absence of additional
materials, slope stability analysis and/or subsurface field investigations. Future assessments and/or
investigations should include:
. Detennination of the lateral and vertical extent of fill;
. Conft.nnation of the proper placement of fill (including relative compaction,
deleterious materials, and o,'ersize materials);
. Examination of the filVnative contact to confinn removal of all vegetation prior to
placing fill;
. Examination of the filVnative contact to confinn proper benching of bedrock prior
to placing fill; and,
. Detennination of the shear strength of the fill and underlying bedrock for slope
stability analysis. i
!
\
Portions of the existing site have accelerated erosion due to incomplete development and poor
maintenance. FiJI soils and slopes typically have a moderate erosion-potential. Significant damage
ftom erosion has occurred in areas where surface runoff is concentrated and that lack drainage
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I 980070-00 I
devices or eros~on protection (i.e. lots 1-6). Proper development, as indicated on the proposed
development plan (Engineering Development Associates, 1997) is anticipated to reduce the
, environmental impact from site erosion. Therefore, the potential for further erosion of graded
areas is considered a less than significant impact.
t All existing erosional features at the site must be repaired, and drainage devices and corrective
grading must be incorporated to prevent the uncontrolJed concentration of surface runoff. Care
should be taken to control silt and avoid development of erosion during site development. Fill soils
, that have potenti~1 to be eroded during the design flood should be protected. We anticipate that
drainage systems associated with the planned residential street construction will intercept much of
the surface flow that has caused the existing erosion damage at the site.
I 6.2 Lots 14 to 29
, The existing cut slope covers the northeast corner of the site from Lots 17 to 29 and is
approximately 600 feet in length. As currently graded, the cut slope faces west and has a
maximum height of approximately 45 feet behind lots 19-24.
, The existing cut slope is in good condition, with no visible failures and very little rilling... The
exposed siltstone bedrock is typically massive, moderately-hard, non-friable, and highly jointed;
bedding planes could not be distinguished from joint surfaces in the available exposures. The
I surface of the slope has weathered into a rocky "pavement" of angular siltstone fragments I to 3
inches in maximum dimension. A few eucalyptus trees up to approximately 5 inches diameter are
growing on the slope, indicating that the cut is at least several years old. The slope varies from a
, gradient of approximately 2.7: 1 to 2. J : I (h:v).
The proposed cut slope will have a maximum height of approximately 52 feet with a 6-foot-wide
\ mid-slope terrace. The proposed cut will increase the steepness of the slope to 2: I (h:v). Previous
studies (Buena Engineers, 1986) have stated that proposed cut slopes should perfonn adequately
at a gradient of2:1 (h:v) and that they should be constructed to a height of no more than 30 feet.
\ The proposed cut slope height is higher than the slope height that has been shown to be stable in
previous studies. Until shown to be stable, Leighton has to assume that the proposed cut slope
will not be stable and that it could fail, thereby negatively impacting homes on the adjacent pads.
Therefore, the stability of the proposed cut slope along Lots 14 to 29 is considered a
I potentially significant impact. Slope stability analyses should be provided to show that the slope
is stable as proposed. With these supporting analyses, construction of the proposed slope is
considered feasible and the potential impact of slope failure could be reduced to one of less than
I significant. During grading, a qualified engineering geologist should examine the cut slope to
confinn the absence of adverse bedding, joint or shear planes which might threaten the future
stability of the proposed cut slope.
,
! The existing cut slope at the site (i:e. cut into the siltstone bedrock) has a low erosion potential. The
potential for erosion on the proposed cut slope is expected to be further reduced by the planned mid-
slope terrace. The proposed terrace should include a V -ditch or similar drainage device to control
runoff and direct water away from the slope. We suggest that a barrier and/or drainage device also
be instaJJed at the top of the slope to prevent runoff water from being discharged onto the slope
face. Erosion of cut slopes is expected to be a less than significant impact.
During Leighton's field reconnaissance, a cutlIDI transition appears to extend from Lot 14, across
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a small cul-de-sac adjacent to Lots I 7 and 18, and across Lots 20 to 30. This is a poteatialJy
sigaificsat impact. Our concern is that, if left unmitigated, the fill will settle to some extent
, whereas the bedrock will not, thereby causing damage to the foundation of any house built across
the cut/fill transition. If subsurface water is present. that water could cause bedrock to swell in
certain areas and could cause the adjacent fill to settle resulting in damage to the overlying house
, foundation. Similarly, ground shaking during an earthquake could induce the fill to settle (whereas
the bedrock would not) therby also creating damnage to the house foundation.
1 In order to mitigate these potentially damaging effects, remedial grading, such as over-excavation of
the cut portion of the lots, and restoration to finish grade. with properly compacted fill should be
perfonned such that the pads are entirely underlain by a fill blanket. Such remedial grading will
, reduce the potential impact to one of less than significant.
An area of ponded water was observed across these lots. As with all of the proposed lots at the
1 site, grading plans should incorporate provisions for adequate drainage such that surface waters
are directed towards appropriate drainage devices and are not allowed to accumulate. This has
been indicated in the proposed development plan (Engineering Development Associates, 1997).
, 6.3 Lots 29 to 33
An area of ponded water was observed across these lots. As with all of the proposed lots at the
I site, grading plans should incorporate provisions for adequate drainage such that surface waters
are directed towards appropriate. drainage devices and are not allowed to accumulate. This has
been indicated in the proposed development plan (Engineering Development Associates, 1997).
,
6.4 Lots 34 to 38
, The portion of the site intended for the development of Lots 34 to 38 appears to be in a natural state.
The site plan does not show design grades for these lots; therefore, most potential impacts relating
, to these lots cannot be assessed at this time. However, during Leighton's field reconnaissance, two
shallow surficial slumps within native soils were observed on the slope near the northwestern
property line of proposed Lot 34. Slumps occur at shallow depths &om the saturation of near-
surface soils. The slope which descends to Lots 34 to 38 could produce other, wider areas of
, slumping. Therefore, the potential for slumps at the site is considered a poteatially sigaificsat
impact for two reasons: their direction of potential movement is downslope towards the proposed
lots; also, the potential for additional, larger slumps in the same materials exists along the face of
J the same slope. However, implementation of proper grading techniques (such as removal and
recompaction of th~ surficial soils which have the potential to slump), and appropriate landscaping,
in association with arpropriate slope stability analyses, can reduce this impact to one of less than
I significant.
7. Structural Setback Zones
I
Structural setback zones were not recommended in any of the materials that Leighton reviewed. If
\ the fill slope which bounds Lots 1 to 13 is shown by appropriate slope stability analyses to be stable
I of itself, the proposed residential structures are not expected to unduly load the fill slope. In this
respect, structural setback zones would not be required. However, all regulatory uirements,
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including those of the latest Unifonn Building Code (ICBO. 1997) and the City of Arroyo Grande.
must be met.
I
8. Other Potential Hazards
I . Landslides and Mud flows: Landslides can occur in bedrock materials if a significant quantity of
bedrock material becomes relatively unsupported with respect to a down-slope location. Such a
1 condition could occur naturally (for example by the undercutting action of streams and rivers). or
artificially as an indirect result of grading. Clay beds within bedrock can facilitate sliding along
bedding planes as can strong ground shaking ftom earthquakes. Landslides involving bedrock
, material were not observed during Leighton' s reconnaissance of the site. However. alteration of
the topography by the proposed grading could result in unstable slopes. If these slopes were to
fail. then there is a potential for home sites to be impacted.
1 The potential for mu~flows depends primarily on the presence of unconsolidated colluvial and
topsoil deposits. the slope gradient. and a rapid increase in soil moisture content due to heavy
. rainfall. They often occur when saturated soils on slopes are subjected to arainstonn of high
. intensity. The velocity of the flow depends on the viscosity. slope gradient. height of the slope.
roughness of the slope. and the baffling effects of vegetation. Again. home sites could be
impacted ifmud flows were to occur.
I The potential impact to the site from landslides and mud Oows is considered potentially
significant but one that can be reduced to less than significant with the appropriate mitigation.
, As previously mentioned, appropriate slope stability analyses prior to grading could assess this
potential impact and, if appropriate. design measures could then be incorporated into the proposed
I grading.
If landslides or mud flows are encountered, or if they should subsequently occur. mitigation
I measures could include a combination of any of the following: removal and recompaction of the
~ landslide debris, redesign to a lower slope angle. design of stabilization fills. or design of
buttress fills. Geological conditions. as exposed during grading. must be inspected in order to
I make sure that the exposed subsurface conditions are as were expected during the design phase of
the project During grading. it may be necessary to provide in-grading recommendations in order
to assure slope stability.
, . Ground Water: Previous studies (B1;1ena Engineers, 1986) did not encounter grOlmd water during
subsurface investigations. It was conclr &:led at that time that only intennittent (i.e. perched)
ground water would be encountered during grading and that such water could be either removed
I by site grading. or directed jnto appropriate drainage devices. The impact to the proposed
development (rom ground water is considered less than significant.
I . Faulting: The site does not lie within an Alquist-Priolo Earthquake Fault Zone (APEFZ); an
APEFZ is a zone in which active or potential active faults have been identified and within which
site-specific subsurface studies must be perfonned prior to construction to ensure that faults do
, not underlie structures intended for human (Hart, 1994). Furthennore. Leighton did not observe
fault traces at the site during our field reconnaissance.
I -7-
I ~_lIItII:IAra fIC.
...~_.~.-----..-
- - -~--_._----
_. ~ -~..-..-
.__u_.. ._.~ .- ~..- --'-.-" - '---------,------.-.---..---...-.--'----- .-..,~--..,.'O.,..,._.~~ ..-
-----
980070-00 I I
However, review of recent studies in Altennan et at, (l994) shows that the site lies on-trend
with several fault splays associated with faults such as the Pismo Fault and the Wilmar Avenue
Fault, both of which are at least potentially active. When projected., these fault splays would
extend across the subject site. Leighton's concern is that, if faulting does exist at the site, ground
rupture during future earthquakes along these fault splays could seriously damage house
foundations and associated utilities.
Even though it appears that faulting may not occur at the site, the studies that were reviewed as a
part of this study do not address faulting. Therefore, the potential for faulting at the site has not
been fully investigated. Further studies, including analysis of historic aerial photographs, should
be perfonned. At this time, the potential for faulting, and therefore ground rupture, at the site
is considered a potentially significant impact. If faulting can be shown to not exist at the site,
the potential impact can be reduced to less than significant
. Ground Shaking: The site lies in close proximity to several active and potentially active faults
(Altennan et aI., 1994),- any of which could induce strong ground shaking at the site during an
earthquake. As a minimum, an analysis of the maximum level of ground shaking that could
occur at the site as a result of a maximum credible earthquake on anyone of a number. pf
regional faults within 100 kIn (62 miles) of the site must be perfonned according to California
Division of Mines and Geology guidelines (CDMG, 1975) to assess this hazard. Levels of
ground shaking that are anticipated as a result of these analyses must be incorporated into. the
design of the proposed development. The impact of ground sbaking on the proposed
development is considered significant but is an impact that can be reduced to less. than
significant.
There is no realistic way in which the hazard of seismic shaking can be totally avoided;
however, design of the structures in accordance with current regulations and grading codes can
be expected to satisfactorily mitigate the effects of ground shaking. Construction techniques
such as post-tensioned foundation slabs, and bolting houses to their foundations, could serve to
reduce this potential impact.
. Liquefaction: Ground water is not expected to be encountered during grading. In addition, any
granular deposits that could contain perched 'water should be removed during grading.
Therefore, the potential for liquefaction at the site is considered less tban $ignificant.
. Settlement and Hydroconsolidation: Strong ground shaking can cause subsidence and settlement
by allowing sediment particles to become more tightly packed, thereby reducing pore space.
Artificial fills, such as those that currently exist at the site, if not adequately compacted, may
also experience seismically-induced settlement. However, details o~ the fill that has been placed
at the site with regard to the relative compaction of the fill that was achieved at the time of
placement has not been made available for review (Le. in an as-graded report). Given these
uncertainties, the impact presented by settlement of tbe fill is considered potentially
significant. If it can be demonstrated that the fill was satisfactorily placed, then the potential
impact could be reduced to one of less than significant.
Loose, unconsolidated alluvial and older alluvial deposits underlying any portion of the site
intended for further development should be removed and replaced with compacted fill in order
to mitigate settlement in those areas. Areas underlain with uncertified artificial fill should also
be identified, and the fill materials removed and recompacted.
-8-
1.l8Iru.,. ASSIICMJIS. lie.
'-_.~-- _.__. ----- -- _.----- ._~.__. ----. -~-++.. --------- ~---- - ----- -
-"--~ ---
.
980070-00 I
. Expansivity: The expansivity of onsite and imported soils will vary from Very Low (EI of 0 to
20) to High (EI of 91 to 130). (Buena Engineers, 1986). However, incorporation of standard
design methods, will result in a less than significant impact to the proposed development
. Sulfate Content: The sulfate content of onsite soils is not documented in the materials that were
reviewed (see references). The sulfate content of onsite soils should be detennined and
appropriate recommendations given. The incorporation of such recommendations during grading
will result in a less than significant impact.
A summary of the potential geotechnical hazards t6 the proposed development, and associated possible
mitigation measures, is shown in the following table.
-
-9-
U*'M A8AISIIII:IArD, *.
----~~~-_._-
- m
980070-00 t
GEOLOGIC HAZARD DEGREE OF HAZARD POSSIBLE MITIGA TlOS ~EASURE
.- ,&0- )1 5 1- IliJ
Hazard Activity ~Jl ill il lie
c.... ~iiE Jii iiS !" J :::li
Problem ,JI- :.1- 1- ;.I... ~i!~j
CI} ~ 1+
0
Fault Movement X X
Liquefiction X X
Landslides X X
Differential X X
CornpIICOon I
Seismic:
Seulemcnt - -
EARTHQUAKE GrowxI J\IDtIR X X
DAl\IAGE GrowxI shlkinl X X
Tsunami -
Seiches /.r.sws IfDl r.vluaIed
FloocIin& (Dun =
or levee failure)
Loss of access
Deposits
covered by
LOSS OF MINERAL changed land 1_1fDl rvalllaled
RESOURCES use
Zoning
resuictions
Change in
ground Mfa'
level
WASTE DISPOSAL Disposal of
PROBLEMS excavated ISSIIUIfDl rvalllallt! .,
material
Pen:oJabon of :
waste mar.criaI
Landslides and X X
mud flows
UllSlable CUI and X X
SLOPE ""'''DIOR fill slopes
FOUNDATION Collapsible and X X
INSTABn.rrv expIIISive soil
Trench-wall X X
stability
Erosion of X X
graded areas
AltenIIion of X X
EROSION. runoff
SEDIMENTATION. Unpnxcctcd X X
n.ooDING drainaae \WyS
Increased X X
impervious
surfaces
Extraction of
ground Mfa'.
gas. oil, ISSIIU IfDl ndllallt!
geothermal
LA'>> SUBSIDL"icr energy
Hyclrocomplc:tjo X X
n, rdl sealement
VOLCA.~C Lava flow 1_ IfDl """1ItJI1t!
HAZARDS Ash fall
· "Special WcMk~ can include additional investigation, special site preperation, or special foundarlons.
CHECKLIST OF GEOTECHNICAL HAZARDS" POTENTIAL MITIGATION MEASU
-10-
~AIIIIASS'IaAlD. .c.
---~--'-"
---------~_._- ~_. ------.- ~_... --- --- -_.~-----_._-------_. --..--- -------.. --..---- .-.-------.-..
-
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,
,
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980070-00 I
As became evident during Leighton's review, it appears that there may be other reports, prepared by others,
which were not available for our review. Such reports could contain further details of the grading that has
already occurred and the grading t,hat is proposed. If such materials are made available for review, it is
conceivable that the degree of potential impact of the various issues, as assessed by Leighton in this report,
could be reduced accordingly.
Thank you for this opportunity to provide services to Impact Sciences. Should you have any questions, please
do not hesitate to contact the undersigned.
Respectfully Submitted,
LEIGHTON AND ASSOCIATES, 1Ne.
rf.-4- -t:A-.. -...
Gareth I. Mills, CEG 2034
Project Geologist
Attachments: References
JGMffRG/GIMIHAM
-11-
.
WlKTrlllIIID ISSt1CIATD. fIC.
-- -.-- - --~
I
:
I References
Altennan, LB., McMullen, R.B., Cluff, L.S., and Slemmons, D.B., (eds), 1996, Seismotectonics of the
I Central California Coast Ranges: Geological Society of America Special Paper 292.
. Buena Engineers, Inc., 1986, Soil Engineering Report for Royal Oaks Estates, Arroyo Grande, California,
I Project No. B-8983-SIA, dated October 17, 1986.
Buena Engineers, Inc., 1987, Limited Geotechnical Study for West Branch Road Extension in Arroyo
, Grande, California, Project No. B4-0009-SLI, dated September 17, 1987.
California Division of Mines and Geology (CDMG), 1975, Recommended Guidelines for Detennining the
, Maximum Credible and the Maximum Probable Earthquakes, California Division of Mines and Geology
Note 46.
, California Division of Mines and Geology (CDMG), 1982, Guidelines for Geologic/Seismic Considerations
in Environmental Impact Repo~: California Division of Mines and Geology Note 46.
~ City of Arroyo Grande, undated. Initial Study for the Rodeo Heights Project, City of Arroyo Grande,
California: Leighton provided with Section III "Geophysical" checklist and Section III "Geophysical" text.
Engineering Development Associates, Inc., 1997, Preliminary Grading and Drainage Plan, Tract 2236,
" Planned Unit Development, Sheet 1 of 1, Scale of 1 inch equals 40 feet, dated July 23, 1997.
-
Hart, E.W., 1994, Fault-Rupture Hazard Zones in California: California Division of Mines and Geology,
~ Special Publication 42, 32 p.
International Conference of Building Officials (ICBO), 1997, Unifonn Buildinhg Code, 1997 edition.
, Terratech, Inc., 1996, Soil Engineering Report Update, Tract 2236, Rodeo Drive, Arroyo Grande,
California, Project No. 301170, dated December 18, 1996.
I
I
,
I
~ AIIII ASSGaAlD.lIC.
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I r
ATTACHMENT B
I BIOLOGICAL RESOURCES REPORT: RODEO HEIGHTS PROJECT
I TABLE OF CONTENTS
I Section Page
I 1.0 Introduction......................... .... ...... ............... ... .... .......... ........................................................1
2.0 Methodology ................ ............................... ............................................................... ........ ...1
2.1 Literature Review.........................................................................................................1
I 2.2 Field Surveys..................................................... ...........................................................2
3.0 Existing Conditions ................................................................................................................ 3
3.1 Plant Communities........................................................................................................ 3
3.2 Wildlife............................... ........................................................................................ 8
I 3.3 Soils........................................................................................................................... 10
3.4 Sensitive Biological Resources...................... ........... .................................................... 12
3.5 Wildlife Movement Corridors ........... ......................................................... ........... ......27
I 3.6 Jurisdictional Resources............................................................................................... 28
4.0 References............................................................................................................................ 30
I Figure Page
I 1 Existing Plant Communities.................................................................................................... 4
Table Page
I 1 Summary of Special-Status Plant Species Known to Occur
In the Vicinity of the Rodeo Heights Site................................................................. 13
I 2 Summary of Sensitive Wildlife Species Known to Occur
In the Vicinity of the Rodeo Heights Site................................................................. 21
I
I
I
I
I
I
1 i
BIOLOGICAL RESOURCES REPORT: RODEO HEIGHTS PROJECT
1.0 INTRODUCTION
This report describes the existing biological resources that are known to occur or have the potential to
occur on the Rodeo Heights project site. This report also describes the regulatory agencies that h a ve
permit authority with respect to biological resources that are known to occur or have the potential to
.occur on the project site. The information presented in this report is based on a review of pertinent
literature, and field surveys conducted by Impact Sciences biologists on the project site.
2.0 METHODOLOGY
2.1 Literature Review
Various data sources were reviewed to evaluate botanical and zoological resources of the area, as well
as the potential occurrence of special-status species (plant and wildlife species considered unique, rare,
threatened, or endangered by state and federal resource agencies) at the project site. Historical
OCCUI'l'er\ce records of special-status plant and wildlife species were obtained from: (1) California
I Natural Diversity Database (CNDDB) Rarefind 2 report (dated February 1998) and the California
Native Plant Society's (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of
I California (dated August 1997) for the Oceano, Arroyo Grande NE, Pismo Beach, Lopez Mountain, San
Luis Obispo, Santa Margarita Lake, Tar Spring Ridge, and Nipomo U.S. Geological Survey (USGS) 7.5-
minute topographic quadrangle maps; (2) California Department of Fish and Game's (CDFG) lists of
I special-status plants, animals, and natural communities (dated 1998); (3) CDFG's Fish Species of
Special Concern in California (Moyle et al. 1995); (4) CDFG's Amphibian and Reptile Species of
I Special Concern in California Oennings and Hayes 1994); (5) U.S. Fish and Wildlife Service (USFWS)
lists of plant and wildlife species which have been designated as rare, threatened, or endangered, or
I that are candidates or currently proposed for listing (dated 1997); and (6) Birds of Southern California -
Status and Distribution (Garrett and Dunn 1981).
Other literature sources reviewed include: (1) the Federal Register listing package for each federally
listed endangered or threatened species potentially occurring m the project site or in the project
I
I vicinity; (2) literature pertaining to habitat requirements of special-status species potentially
,
occurring on the project site; and (3) distributional data contained in Ingles (1965); Grinnel and Miller
I (1944); Garrett and Dunn (1981); Holland (1986); Stebbins (1985); and Williams (1986).
, 1 Rodeo HdghQ Project
April 1998
-
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I
Biological Resources Report
.
Sources used to determine the sensitivity status of biological resources are: Plants-U.S. Fish and
Wildlife Service (USFWS 1997), California Department of Fish and Game (CDFG 1998), CNDDB 1998,
and California Native Plant Society (CNPS) (Skinner and Pavlik 1994); Wildlife-USFWS (1997),
CDFG (1998), CNDDB (1998), Jennings and Hayes (1994), Williams (1986), and Remsen (1978);
Habitats-CNDDB (1998) and CDFG (1997).
.,' 2.2 Field Surveys
,.
A field survey of the project site was conducted by an Impact Sciences biologist en 19 March 1998 to
characterize on-site habitats and to document the presence of plant and wildlife species observed en
the site. The site was also evaluated for the potential presence of any plant, animal, or habitats
considered rare, threatened, sensitive, endangered, or otherwise tmique by regulatory agencies.
Sensitive biological resources are defined as those species of plants or animals that. have been afforded
special recognition by federal, state, or local resource conservation agencies and habitats that are
unique, of relatively limited distribution, or of particular value to wildlife. The potential for the site
to support sensitive plant and wildlife species, and habitats is presented in the Sensitive Biological
Resources section of this report.
The survey included vegetation characterization and mapping and a general floral inventory of the
site. Plant communities were mapped with the aid of 6,000 scale (1 inch = 500 feet) color aerial
photograph of the site (Pacific Western 1992). Plant specimens were identified with reference to
Hickman (1993). Common plant names are taken from Hickman (1993), Roberts (1989), Beauchamp
(1986), Munz (1974), Abrams (1923 and 1944), and Abrams and Ferris (1951 and 1960). Plant communities
used in this report follow those of CDFG (1997), where applicable, with modifications to accommodate
undescribed communities. Much of the ecological information concerning these communities comes from
Holland (1986). Plant communities and common plant species occurring en the site are presented in the
Plant Communities section of this report.
All direct observations of reptiles, birds, and mammals were recorded during the survey, as were
wildlife signs such as scat and tracks. In addition to species observed, expected use of the site by other
wildlife was evaluated from habitat analysis of the site, combined with known habitat preferences of
locally occurring wildlife species. Analysis of potential wildlife movement corridors associated with
the project area was based on information compiled from a review of pertinent literature, and analysis
of the juxtaposition of regional open space area with the project site based en the aerial photograph
and topographic maps of the area. No field-tested wildlife movement corridor evaluation was
conducted. References used for the nomenclature of wildlife include Jennings (1983) for amphibians and
2 RadIO Heights Project
April 1998
--"--;--,~,",-,-,",~.._-_.._~--_....,,------.~.,,,-_.. ".~_..
I Biological Resources Report
I reptiles, the American Ornithologists' Union (1983 and supplemental) for birds, and Jones et al. (1992)
I for mammals. Wildlife species occurring on the site and common species expected to occur on the site are
presented in the Wildlife section of this report.
I 3.0 EXISTING CONDmONS
I 3.1 Plant Communities
. ..
I Plant communities present on the site are the result of the disturbance history and edaphic factors (such
as topography, aspect, and soil moisture and type). During the field investigations, eight plant
I communities were identified and characterized en the project site. These locations of these plant
communities are shown on Figure 1. As shown in Figure 1, the principal vegetation community present is
disturbed coyote brush scrub vegetation. Other vegetation communities that occur en site include
I California annual grassland, native grassland, coyote brush-California sagebrush scrub, coyote brush-
California coffeeberry scrub, coast live oak woodland, central coast riparian forest, and seasonal pools.
I The following discussion describes each of these communities.
I Herb Communities
Native Grassland
I Native grassland is typically dominated by perennial, tussock-forming purple needlegrass (Nassella
I puIchra). Soils of this plant community are generally fine-textured clay that are moist to waterlogged
during winter, but very dry in summer (Holland 1986). Native and introduced wildflowers commonly
I occur between the grasses. This community is considered of high priority for inventory in the CNDDB
(CDFG 1997).
I Two patches of native grasslands occur en the west-facing slope located in the southeastern portion of
the site. The on-site grassland contained a greater than 10 percent coverage of needlegrass. Non-native
I plants observed within this community include Italian ryegrass, wild oats, and filaree. The on-site
native grasslands supported a low diversity of native wildflowers, including occasional vinegar weed
I (Trichostema lanceolatum) and blue-eyed-grass (Sisyrinchium bellum).
California Annual Grassland
I California annual grasslands typically occur in previously disturbed areas. The soils are generally fine
, textured, often deep clay soils, as contrasted with the more thin, rocky soils of most shrub communities
(Holland 1986). The species composition of grassland areas varies in response to local soil nutrients,
, 3 Rodeo Heights Project
April 1998
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Biological Resources Report
moisture, temperature, degree of past disturbance, and time elapsed since fire or disturbance. This plant
community is widespread throughout California en low hills and valley floors (Holland 1986).
Vegetation structure is generally low, terrestrial surface cover usually less than 0.5 meters in height
and varies from a sparse to a dense cover of non-native annual grasses, native annual wildflowers, and
non-native weeds (Holland 1986).
. ,. The C.alifornia annual grassland community en the site occurs en west~ and east-facing slopes in the
southern portion of the site. The grasslands are dominated by non-native, annual grasses andforbs of
mostly European and Mediterranean origin including wild oats (Avena spp.), ripgut grass (Bromus
diandrus), Italian ryegrass (Lolium multiflorum), foxtail chess (Bromus madritensis), fescue (Vulpia
spp.), and barley (Hordeum spp.). Other grassland components include filaree (Erodium spp.), lupines
(Lupinus spp.), and vetch (Vida spp.).
Seasonal Pool
Ponded water was observed during the March 1998 survey at a graded terrace area in the southern
portion of the site. This depression, which was created as a result of soil compaction from heavy
construction equipment, receives run-off from adjacent upland areas, including the residential area
located to the west and the church parking lot located to the north/northeast. Several willow saplings
and nutsedge (Cyperus sp.) were observed within the ponded water. Other hydrophytic plant species
(plants growing in aquatic environments) observed at the waters edge included curly dock (Rumex
crispus), grass poly (Lythrum hyssopifolium), and Bermuda grass (Cynodon dactylon).
The pool was considered seasonal because of its shallow nature, which is expected to cause the water to
disappear by summer. Due to the artificial nature of the pool, it was not considered a vernal pool,
which is a highly sensitive habitat that occurs en natural soils that are underlain by various water
restricting layers.
Scrub Communities
Coastal scrub often occurs en exposed, south-facing slopes with shallow, rocky soils. Holland (1986)
describes central coastal scrub as a usually quite dense community with one to two meter tall shrubs.
Diagnostic plants of this vegetation type include California sagebrush (Artemisia californica), coyote
brush (Baccharis pilularis), mock heather (Ericameria ericoides ), coast buckwheat (Eriogonum
latifolium), golden-yarrow (Eriophyllum confertiflorum), saw-toothed goldenbush (Hazardia
squarrosa), lupine (Lupin us albifrons), d\.U'\e bush lupine (Lupinus chamissonis), bush monkeyflower
(Mimulus aurantiacus), California coffeeberry (Rhamnus californica), spiny redberry (Rhamnus
5 Rodeo Heights Project
April 1998
.._-~--~_._."--~ --~-
Biological Resources Report
crocea), black sage (Salvia mellifera), western poison oak (Toxicodendron diversilobum), and Our
Lord's candle (Yucca whipple i). Three coastal scrub series and associations were observed en the site
and are described below.
Coyote Brush-California Sagebrush Scrub
,. One patch of coyote brush - California sagebrush scrub is present en a west-facing slope located in the
.
southeastern portion of the site. This plant community is co-dominated by coyote brush and California
sagebrush, along with an understory of grassland species. The presence of coyote brush likely indicates
recent soil disturbance.
Coyote Brush-California Coffeeberry Scrub
This community occurs along a drainage in the southwestern portion of the site. At the time of the
March 1998 survey, the drainage contain pockets of standing water. The coyote brush - California
coffeeberry scrub community is co-dominated by coyote brush and California coffeeberry. Other species
observed scattered throughout this plant community include western poison oak (Toxicodendron
diversilobum), California sagebrush, wildrye (Leymus sp.), purple needle grass, and California-aster
(Lessingia filaginifolia).
Disturbed Coyote Brush Scrub
This community occurs within areas of the site that were previously graded. The majority of the on-
site disturbed coyote brush scrub is open, with only scattered coyote brush plants. Other areas of the
site, specifically the east-facing slope adjacent to the riparian forest, is quite dense with a mixture of
shrubs including coyote brush, acacia (Acacia sp.), toyon (Heteromeles arbutifolia), California
sagebrush, and western poison-oak. Herbs observed in this community include non-native species such
as brome grasses (Bromus spp.), Italian ryegrass, vetch (Vicia spp.), wild. oats, fescue, bur clover
(Medica~o polymorpha), filaree, and pampas grass (Cortaderia sp.). Only two native wildflowers,
lupines (Lupinus spp.) and blue-eyed-grass, were observed in the 0 disturbed coyote brush scrub.
Woodland Communities
Coast Live Oak Woodland
Coast live oak woodlands are dominated by coast live oak, and evergreen trees that reaches 10 to 25
meters in height. The shrub layer is generally poorly developed, but may include toyon, gooseberry,
laurel sumac (Malosma laurina), or blue elderberry (Sambucus mexicana). The herb layer is generally
6 Rodeo Heights Project
April 1998
~._~~ ~-~--
Biological Resources Report
.
well represented and dominated by brome grasses (Bromus spp.) and several other introduced species
(Holland 1986).
The majority of the west-facing slope en the site supports coast live oak woodland. This area is
included in an existing tree preservation easement and supports an overstory of coast live oak trees. The
understory contains scattered shrubs, such as California sagebrush, bush monkeyflower, western poison
. ,. oak, and California coffeeberry. Non-native grasses also occur,along with a high diversity of native
wildflowers including buttercup (Ranunculus sp.), sanicle (Sanicula sp.), Miner's lettuce (Claytonia
perfolia ta), fiesta flower (Pholistoma auritum var. auritum) check on, lupines, blue dicks
(Dichelostemma capitatum), blue-eyed-grass, Johnny-jump-up (Viola pedunculata), and Padres'
shooting star (Dodecatheon clevelandii).
Another coast live oak woodland is present en the east-facing slope located in the western portion of
the site. The coast live oaks in this area of the site support an understory of bush monkeyflower,
deerweed (Lotus scoparius), western poison oak, and California sagebrush, along with vetch, goose
grass (Galium aparine), lupines, and iceplant (Carpobrotus sp.). This woodland contains a higher
coverage of non-native plants, which is likely the result of soil disturbance.
Riparian Communities
Central Coast Riparian Forest
Central coast riparian forest is an ecotone community between central coast live oak riparian forest and
central coast arroyo willow riparian forest (Holland 1986). Central coast live oak riparian forest is
dominated by coast live oak trees and generally occurs en the drier, outer floodplains along perennial
streams. Central coast arroyo willow community is dominated by arroyo willow (Salix lasiolepis) trees
and occurs on moist to saturated soils along low gradient stream reaches.
This community occurs along two drainages on the site. Along the blue-line stream that nms almost the
entire length of the site, the forest is dominated by coast live oak trees and scattered willows at the
upstream portion of the stream, and by willows and occasional oak trees at the downstream portion.
The willows occur along the drainage bottom and the oaks generally occur en the adjacent upland
slopes. Understory species include California blackberry (Rubus ursin us), western poison oak, cattails
(Typha sp.), bulrush (Scirpus sp.), and occasional pampas grass. No water was observed within this
stream courSe at the time of the March 1998 survey. However, the lower portion of the stream was
inaccessible due to chain-link fencing.
7 Rodeo Heights Project
Ar1 1998
_._---~
Biological Resources Report
The riparian forest that occurs along the drainage in the western portion of the site is dominated by an
overstory of coast live oak trees, along with occasional willows. Understory species observed in this
community include coyote brush, bush monkeyflower, California coffeeberry, and western poison oak.
Flowing water was observed along this drainage at the time of the survey. This stream formally
flowed naturally into the larger blue-line stream (USGS 1993). A culvert COIU\ecting the two drainages
was placed under the dirt road that bisects the project site.
. .'
3.2 Wildlife
Plant communities present on the project site provide habitat for a variety of wildlife species. While a
few species of wildlife are entirely dependent on a single vegetation community, most species require a
mosaic of vegetation communities to provide the necessary shelter, water, food, and other life cycle
resources. Because of the disturbed nature of most grassland and sage scrub communities en the project
site, a higher diversity and abundance of wildlife species is expected to occur in the less disturbed
riparian and woodland habitat types.
Discussed below are c:ommm wildlife species observed or expected to occur m the site. Special-status
wildlife species known to occur, or with a high potential for occurrence en the site, are discussed in the
Sensitive Biological Resources section of this report.
Invertebrates
Notable invertebrates observed in the on-site coast live oak woodland in March 1998 include the
Monarch butterfly (Danaus plexippus). Because this species is considered a special animal by CDFG,
this species is discussed further in the Sensitive Biological Resources section of this report.
Amphibians
Although several amphibian species potentially occur m site, most of the habitats are too dry to
support more than a few species. The central coast riparian forest, coast live oak woodland, coyote
brush - California coffeeberry scrub, and seasonal pool have the highest potential to support
amphibians. Tadpoles were observed within the seasonal pool at the time of the March 1998 survey.
The most common terrestrial amphibians expected to occur on the site include black-bellied salamander
(Batrachoseps nigriventris) and arboreal salamander (Aneides lugubris). Salamanders are usually
most abundant in the more moist areas, such as en north-facing slopes and at the bottoms of ravines.
8 Rodeo Heights Project
April 1998
-,-------_...
Biological Resources Report
.
These species may occur in trees and surface debris of the woodlands, where they take refuge during the
non-breeding season. Common aquatic amphibians expected to occur m site include western toad (Bufo
boreas), California chorus frog (Pseudacris cadaverina), and Pacific chorus frog (Pseudacris reg ill a ) .
When present, they occur in moist upland habitats and riparian communities during the non-breeding
seasons.
, ,. Reptiles
No reptile species were observed during the March 1998 field survey of the site. Common reptiles
expected to occur on site include western fence lizard (ScelopoTUS occidentalis), southern alligator lizard
(EIgaria multicarinata), commm kingsnake (Lampropeltis getulus), gopher snake (Pituophis
melanoleucus), whip snake (Masticophis lateralis), and western rattlesnake (Crotalus viridis).
Birds
Fifteen species of birds were directly observed, or their vocalizations detected, during the survey of the
site. Many other migrant species are expected to occur seasonally. Those species observed during the
March 1998 survey include California towhee (Pipilo crissalis), house finch (Carpodacus mexicanus),
northern mockingbird (Mimus polyglottos), commcn raven (Corvus corax), scrub jay (Aphelocoma
coerulescens ), spotted towhee (Pipilo erythrophthalmus), red-winged blackbird (Agelaius
phoeniceus), dark-eyed jun::o Uunco hyemalis), Anna's hummingbird (Calypte anna), white-crowned
sparrow (Zonotrichia leucophrys), commm yellow throat (Geothlypis trichas), rock dove (Columba
livia), northern flicker (Colaptes auratus), and European starling (Sturnus vulgaris).
Avifauna expected in grassland habitats include oommm species such as western meadowlark
(Sturnella neglecta) and Say's phoebe (Sayornis saya). Common bird species expected in the coast live
oak woodland and central coast riparian forest habitats include acorn woodpecker (Melanerpes
formicivorus), yellow-romped warbler (Dendroica' coronata), plain titmouse (Parus inornatus), western
bluebird (Sialia mexicana), ruby-crowned kinglet (Regulus calendula), phainopepla (Phainopepla
nitens), golden-crowned sparrow (Zonotrichia atricapilla), and northern oriole (Icterus galbula).
Species richness is particularly high in well-developed riparian woodlands and forests because of its
structural diversity, and the availability of food, water, cover, and nest sites. Riparian habitats also
are crucial in providing food-rich resources for migrating songbirds. The on-site central coast riparian
forest supported the highest concentration of birds.
9 Rodeo Heights Project
April 1998
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Biological Resources Report
.
Turkey vulture (Cathartes aura) was the only raptor (birds of prey) species observed on or over the site.
In addition,. nesting and roosting habitat for several raptor species is present in on-site woodland
habitats. Both the red-tailed hawk and red-shouldered hawk (Buteo lineatus) may roost or nest en
site. Additionally, bam owl (Tyto alba) and great homed owl (Bubo virginian us) potentially nest
within the on-site woodland habitats. Several special-status rap tors, Cooper's hawk (Accipiter
cooperii), northern harrier (Circus cyaneus), and white-tailed kite (Elanus leucurus) are also expected
. ,. to occur on site: These species are further discussed in the Sensitive Biological Resources section of this
report.
Mammals
Other than domestic dog (Canis familiaris) and domestic cat (Felis catus), romammaIs were directly
observed on site. Mammal sign (tracks, scat) detected during surveys of the property include California
ground squirrel (Spermophilus beecheyi) and pocket gopher (Thomomys bottae). Additional mammals
expected to occur en the site include coyote (Canis latrans), Virginia opossum (Didelphis virginiana),
commm raccoon (Procyon lotor), striped skunk (Mephitis mephitis), and brush rabbit (Sylvilagus
bachmani).
Common small mammal species expected en site include western harvest mouse (Reithrodontomys
megalotis), California mouse (Peromyscus califomicus), California vole (Microtus californicus), Pacific
kangaroo rat (Dipodomys agilis), California pocket mouse (Chaetodipus californicus), deer mouse
(Peromyscus maniculatus), brush mouse (Peromyscus boylii), and dusky-footed woodrat (Neotoma
fuscipes) .
Woodlands may represent potential summer roosting habitat for some species of bats. However, the
absence of rock outcrops to provide roosting or hibernating habitat generally precludes most bat species
from residing en site. Common bat species that may forage over the site include the Brazilian free-
tailed bat (Tadarida .brasiliensis), California myotis (Myotis californicus), big brown bat (Eptesicus
fuscus), and western pipistrelle (Pipistrellus hesperus).
3.3 Soils
An examination of on-site soil types were necessary to evaluate the potential occurrence of special-
status biological resources, particularly plant species. As such, a review of the Natural Resources
Conservation Service's (formally known as Soil Conservation Service) soil maps revealed four soil
types that occur en the site: chamise shaly loam, Pismo loamy sand, Tierra sandy loam, and Santa
10 Rodeo Heights Project
April 1998
^-...-- ---
Biological Resources Report
.
Lucia shaly clay loam (United States Department of Agriculture 1984). The following discusses each of
the soil types.
Chamise Shaly Loam
This soil consists of very deep, well-drained soils that formed in old alluvium weathered from
,. sedimentary rocks. It has an approximately 12-inch thick surface layer of shaly loam and a subsoil of
.
weakly cemented very shaly clay. Chamise shaly loam occurs in portions of the southern and
northwestern sections of site, which include the two small drainages that support coyote brush-
California coffeeberry scrub and central coast live oak riparian forest, and portions or all of the
following plant communities: native grassland, California annual grassland, coyote brush-California
sagebrush scrub, disturbed coyote brush scrub, coast live oak woodland, central coast riparian forest, and
seasonal pond.
Pismo Loamy Sand
This shallow soil is somewhat excessively drained and occurs m steep to moderately sloping foothills
and mountains. It formed in residual material weathered from soft sandstone, and has an
approximately 19-inch thick surface layer of loamy sand, arid a subsoil of soft fractured sandstone.
Pismo loamy sand occurs within disturbed coyote brush scrub vegetation that is located in the northern
portion of the site, specifically south/southwest of the church parking lot and west/northwest of the
central coast riparian forest plant community. Historically, this area was a moderately steep slope,
but heavy equipment has since changed the topography to level terrain. Due to the soil movement in
this portion of the site, it is not known if Pismo loamy sand is still present.
Tierra Sandy Loam
This very deep soil is moderately well drained and occurs m gently to moderately sloping dissected
terraces and hills. It formed in old alluvium weathered from sedimentary rocks and has an
approximately ll-inch thick surface layer of sandy loam, and a subsoil of sandy clay. Tierra sandy
loam is mapped in the southwestern portion of the site. This soil type supports disturbed coyote brush
scrub, central coast riparian forest, and California annual grassland on the site.
Santa Lucia Shaly Clay Loam
This soil consists of moderately deep, well drained soils that formed in residual material weathered
from acid shale. It has an approximately 17-inch thick surface layer of shaly day loam and a subsoil
11 Rodeo Heights Project
April 1998
Biological Resources Report
.
of very shaly clay loam. Santa Lucia shaly clay loam supports the coast live oak woodland that is
located in the eastern portion of the site.
3.4 Sensitive Biological Resources
Special-Status Plant Species
. ,.
Special-status plants include those species that are classified as Endangered, Threatened, or Rare,
proposed for listing as Endangered or Threatened, federal or state candidate species for listing, or are
considered federal Species of Concern. In addition, plants included on Lists 1 or 2 of the CNPS are also
considered of special-status.
Numerous special-status plant species are known to occur in the vicinity of the site based en searches of
the CNDDB and CNPS databases, but were not observed during the field surveys. However, because
plant species bloom at various times during the . spring and summer months, depending en the species'
particular blooming period, some species occurring or potentially occurring en the site would not have
been detected during the March survey. These species were considered to have varying probabilities of
occurrence based en their habitat requirements, their present and historic range, and the geographic
location of the property. These sensitive plant species are included in Table 1.
The low number of special-status plant species that have a moderate to high potential of occurring m
the site is due to the lack of suitable habitat for many of the species known from the Arroyo Grande
area. Most of these occur in association with active, stabilized, and ancient dunes, and serpentine soils,
none of which are present en the site (United States Department of Agriculture 1984). As such, these
species are not expected to occur en the site. Those species determined to have a moderate or high
potential for occurrence on the Rodeo Heights site are discussed below.
Special-Status Plant Species With a Moderate to High Potential of Occurring On Site
Pismo c1arkia {Clarkia speciosa ssp. immaculata}j State-listed Rare, Federally Endangered. This
annual herb of the evening primrose family occurs within chaparral margins and openings, cismontane
woodlands, and grasslands near the coast. It is associated with ancient sand d\D1eS and sandy soils
between 80 and 610 feet. Because this species has been observed in close proximity to the site (CNDDB
1998), and since the site supports suitable soils and plant communities, there is a high potential this
species to occur on the site. This species may not have been detected during the March survey since its
blooming period is from May.;. July.
12 Rodeo Heights Project
April 1998
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---------------.
""--
Biological Resources Report
Adobe sanicle (Sanicula maritima); State-listed Rare, Federal Species of Concern, CNPS List lB. This
perennial herb of the carrot family occurs within chaparral, coastal prairie, meadows, and grasslands
and is associated with clay and serpentine soils between 100 and 800 feet. Adobe sanicle is known from
fewer than 10 occurrences that are located in Alameda, Monterey, San Francisco, and San Luis Obispo
counties (Skinner and Pavlik 1994). Moderately suitable habitat for this plant, which blooms from
April - May, is present within the coast live oak woodland that supports shaly clay loam soil.
,.
Cambria morning-glory (Calystegia subacaulis ssp. episcopalis)j Federal Species of Concern, CNPS List
lB. This perennial herb of the morning-glory family occurs within chaparral and cismontane woodland
habitats between 200 and 1,640 feet. Cambria morning-glory is endemic to San Luis Obispo County
(Skinner and Pavlik 1994). This species, which blooms from April - May, has a moderate potential to
occur within the coast live oak woodland.
San Luis Obispo County lupine (Lupinus ludovicianus)j Federal Species of Concern/ CNPS List lB. This
perennial herb of the legume family occurs within open areas in chaparral and cismontane woodland
habitats that support carbonate and sandy soils between 160 to 1,720 feet. San Luis Obispo County
lupine is endemic to San Luis Obispo County (Skinner and Pavlik 1994). This plant, which blooms from
April - June, has a moderate potential to occur within the open, sandy areas of the site.
Sensitive Plant Communities
Plant communities that are considered sensitive include those habitats that support rare, threatened,
or endangered plant or wildlife species, are locally diminishing and of special concern to resource
agencies, are unique or of particular value to wildlife or native plants, or come under the jurisdiction of
CDFG, pursuant to Section 1600 of the California Fish and Game Code, or Army Corps of Engineers
(ACOE) pursuant to Section 404 of the Clean Water Act. In general, all wetland and riparian habitat is
considered sensitive by the resource agencies. In addition, the CNDDB (1998) has ranked the natural
communities of California according to priority for preservation. Those communities that have few
occurrences and small acreage amounts remaining are of highest priority.
Plant communities on the project site considered sensitive are discussed below. The biologic components
of each of these communities have been described earlier in this section.
Native grassland is considered a sensitive habitat type by resource agencies because of its scarcity,
declining status in southern California, and known function as preferred habitat for nmnerous special-
18 Rodto Heights Project
April 1998
---_...--- -,-'--
Biological Resources Report
status plant species. This community is ranked by CDFG as 53.1, which is described as "very
threatened" and is of high priority for preservation (CNDDB 1998).
Seasonal pool habitat may qualify as an ACOE jurisdictional wetland. Wetlands are also considered
sensitive because of their high biological value to a number of common and special-status species, their
declining nature, and their important hydrological and ecological functions (nutrient removal, ground
. ,. water discharge, etc.). A formal delineation for either state or federal wetland jurisdiction was not
conducted for this analysis. Further discussion pertaining to regulation of water features by state and
federal agencies is presented in the Jurisdictional Resources section of this report.
Coast live oak woodland habitat has been assigned the rank of 54 by CDFG, which is defined as
apparently secure throughout its state range, but factors exist to cause some concern (CDFG 1998). Oak
woodlands provide habitat for breeding, foraging, or over-wintering for over 300 species of vertebrates
in California (Block, Morrison, and Verner 1990). In addition, the lOss of large oak trees (those with a
trunk that is greater than four inches in diameter at breast height) must be mitigated by relocation or
replacement (City of Arroyo Grande 1990).
Central coast riparian forest habitat is regarded as an important ecosystem because of its value as
breeding, cover, foraging, and movement habitat for a wide range of common and special-status wildlife
species and because of its function as a means to transport sediment, remove nutrients, and recharge
groundwater tables. In addition, riparian forests are of very limited distribution in San Luis Obispo
County. Remaining locations are small fragments of a broader historical distribution. Loss of these
resources is attributed to conversion of habitat to agricultural and urban land uses. In response to the
reduction of riparian forests the CDFG has ranked the central coast riparian forest community as
threatened (53.2). In addition, the central coast riparian forest may qualify as a CDFG or ACOE
jurisdictional resource. A formal delineation for either state or federal wetland jurisdiction was not
conducted for this analysis. Further discussion pertaining to regulation of natural water features by
state and federal agencies is presented in the Jurisdictional Resources section of this report.
Special-Status Wildlife Species
Special-status wildlife species include those that are state- or federally-listed as Endangered or
Threatened, have been proposed for listing as Endangered or Threatened, have been designated as
candidate species for listing by federal or state resource agencies, are considered state or federal Species
of Concern, or are considered by the state as a Special Animal or Fully Protected.
19 Rodeo Heights Project
April 1998
---_.-
---;"~-,-;-
Biological Resources Report
One special-status wildlife species, the Monarch butterfly, was observed m the site during the
reconnaissance field survey conducted m March 1998. Several additional special-status wildlife
species are known to occur in the site vicinity or project region. These species are presented in Table 2.
Special-status wildlife species observed, or that have a high potential of occurrence, are described
below. Expectations of occurrence are based m known individual habitat requirements, historical
occurrences in the region, and documented distribution of each species.
. ..
Special-Status Wildlife Species Known to Occur On Site
Invertebrates
Monarch (Danaus plexippus); CDFG Special Animal. This butterfly is notable as the only migratory
insect occuning along the west coast. Large groups of monarchs fly south in the. fall, pausing each night
to roost in dense clusters in selected trees. There are two distinct populations of monarchs, one which
migrates along the west coast and an eastern population which occurs east of the Rocky Mountains. The
western monarchs spend the winter in Southern California. They typically use gum trees (Eucalyptus
sp.), and other trees such as Monterey pine (Pinus radiata), cypress, oaks, and western sycamores
(Platanus racemosa) for roost sites along the flyway. One Monarch butterfly was observed during the
reconnaissance-level survey conducted in March 1998. The Monarch was observed in the large coast live
oak woodland located in the eastern portion of the site. There did not presently appear to be a roost at
this location or elsewhere on the site and, therefore, this butterfly species is not expected to roost on the
site.
Special-Status Wildlife Species With High Potential to Occur On Site
Amphibians
Coast range newt (Taricha torosa torosa); California Species of Special Concern. This species was
historically distributed in coastal drainages from the vicinity of central Mendocino County in the
North Coast Ranges, south to Boulder Creek, San Diego County Oennings and Hayes 1994). The known
elevation range of this species extends from near sea level to approximately 1830 meters (Stebbins 1985
in CDFG 1994). This species frequents terrestrial habitats, but requires water for breeding. Due to the
presence of high quality suitable habitat on the project site (e.g., woodland and riparian habitat), and
because the site is located within the geographic range of this taxon, this species is considered to have
a high potential to occur on the site.
20 Rodeo Heights Project
April 1998
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_._----_.,,""'".-.~,--
Biological Resources Report
.
Western spadefoot (Scaphiopus hammondii)j Federal Species of Concern, California Species of Special
Concern. This toad species occurs in the Central Valley and Coast Ranges that are located south of San
Francisco, and extends south into northwestern Baja California, Mexico. This species prefers relatively
open areas in lowland grasslands, chaparral, and pine-oak woodlands. The spadefoot is dependent m
temporary ponds, vernal pools, and occasionally perennial ponds and streams for breeding sites and
typically avoids flowing water. Spadefoots are chiefly nocturnal and feed en a variety of
. ,. invertebrates. It estivates (remains inactive) much of the year in deep underground burrows. Western
spadefoots are presumed extinct throughout much of its historical range. It has been estimated tha t
more than 80 percent of occupied habitat has been developed or converted to incompatible uses (Jennings
and Hayes 1994). Because of the relatively high quality of suitable habitat en the site, western
spadefoots have a high potential to occur within the on-site seasonal pool and central coast riparian
forest.
Birds
Sharp-shinned hawk (Accipiter striatus)j California Species of Special Concern. This species inhabits
most of North America, in woodlands, parks, and residential areas. Breeding takes place in
mountainous coniferous/deciduous forests, with nests usually within 90 meters of water (Zeiner et al.
1990). Breeding occurs April through August, primarily in the northern most portions of the state
(Zeiner et al. 1990). Due to the presence of suitable foraging and roosting habitat (scrub, oak woodland,
and riparian habitats) on the site, and because this species has been recorded in the immediate area of
the project site, the potential for this raptor to occur on-site during the winter months is considered
high.
White-tailed kite (Elan us leucurus ); California Fully Protected. White-tailed kites are a commm to
uncommon, year-round resident of the coastal and lowland valleys of California. Locally, this raptor
typically nests in riparian woodlands where it uses oak trees and western sycamore trees for nest sites.
Open areas on the property are likely used as forage sites by this species. White-tailed kites were not
directly observed foraging during the March 1998 field investigations. However, suitable habitat is
present en site for this species, and it is known to occur in similar habitats in the project vicinity;
therefore, there is a high potential for occurrence on the site.
Northern hanier (Circus cyaneus)j California Species of Special Concern. This raptor is principally a
winter visitor in all regions of southern California. However, smnmer nesting is known to occur at a
variety of locations in southern California. Northern harriers were not directly observed during the
field investigations. However, suitable foraging habitat is present en site for this species, and it is
26 Rodeo Hrights Project
April 1998
..-.-.--
Biological Resources Report
.
known to occur in similar habitats in the project vicinity; therefore, there is a high potential for
occurrence m the site. This species is not expected to nest en the site due to lack of suitable nesting
habitat.
Cooper's hawk (Accipiter cooperii); Califomia Species of Special Concern. Northern populations of
the Cooper's hawk typically migrate through the area in the winter. Resident populations of this
. " species are uncommon in the region. It nests in riparian woodlands and mountain canyons, but it is more
widespread during the winter when it OCCW'S in a variety of woodland and semi-open habitats.
Cooper's hawks were not directly observed during the March 1998 survey, however, this species has
been recorded in the vicinity of the project site. As such, this species has a high occurrence potential en
the project site, and may possible nest within the riparian forest habitat.
Loggerhead shrike (Lanius ludovicianus); Califomia Species of Special Concern. Loggerhead shrikes
are a fairly common resident in open areas throughout southern California. This species is expected to
utilize a variety of habitats that occur en the project site, particularly in the open scrub areas.
Loggerhead shrikes were not directly observed during the March 1998 field surveys. However, suitable
habitat is present en site for this species, and it is known to occur in similar habitats in the project
vicinity; therefore, there is a high potential for occurrence on the site.
California horned lark (Eremophila alpestris actia); Califomia Species of Special Concern. Typical
habitats include open grasslands, disturbed areas, agricultural fields, and sandy shores. As such, the
project site contains suitable habitat to support this species. No California horned larks were observed
during the biological field surveys. However, suitable habitat is present on site for this species, and i t
is known to occur in sim~ar habitats in the project vicinity; therefore, there is a high potential for
occurrence on the site.
3.5 Wildlife Movement Corridors
Wildlife corridors link together areas of suitable wildlife habitat that are otherwise separated by
rugged terrain, changes in vegetation, or by human disturbance. The fragmentation of wildlife habitat
by urbanization creates isolated "islands" of wildlife habitat. Corridors mitigate the effects of this
fragmentation by (1) allowing animals to move between remaining habitats which allows depleted
populations to be replenished and promotes genetic exchange with separate populations; (2) providing
escape routes from fire, predators, and human disturbances, thus reducing the risk that catastrophic
events (such as fire or disease) will result in population or species extinction; and (3) serving as travel
27 Rodeo Heights Project
April 1998
Biological Resources Report
.
paths for individual animals as they wander about their home ranges in search of food, water, mates,
and other needs.
The project site is essentially surrounded by wban development, with residential homes to the north,
east, and west, and the 101 freeway to the south. Based <n a review of aerial photography and
regional maps, the project site does not appear to serve as part of a regional habitat linkage between
. .. large open space areas. While some small open space areas cx:cur adjacent to the site to the north and
south, these areas do not appear to link to other open space habitats. In particular, the open space lot
to the south, which supports a continuation of the riparian forest habitat <n the project site, abuts
against West Branch Street and the 101 freeway. The open space area north of the site is essentially a
vacant lot that has been graded and disked, supports some non-native grassland and weedy plant
species, and abuts against another road to the north. The riparian forest habitat <n the project site is
likely used by coyotes, common gray fox, bobcat, mule deer, and other species as a local travel corridor
to move around and across the project site because of the cover, food, and water it provides. However,
because the open space areas adjacent to the project site do not appear to link to other riparian or open
space habitats, neither the project site nor the habitats comprising the site are considered to be part of
a regional movement corridor.
3.6 Jurisdictional Resources
Regulatory Framework
The following section discusses the jurisdiction that resource agencies, particularly the ACOE and
CDFG, have over certain wetland and riparian habitats. If jurisdictional resources are present, then
any disturbance to the resources would fall under the regulatory review of one or both of these agencies.
U.S. Army Corps of Engineers
Under Section 404 of the Clean Water Act, the ACOE is primarily responsible for making jurisdictional
determinations and for issuing permits for discharge of fill into waters of the United States. Waters of
the United States, as defined in the Code of Federal Regulations (CFR) 328.3 (Department of Defense
1986), include: (1) waters which are currently used, or were used in the past, or may be susceptible to use
in interstate or foreign commerce; (2) waters which are subject to the ebb and flow of the tide; (3) all
interstate waters including interstate wetlands; (4) all other waters such as lakes, rivers, intermittent
and perennial streams, mudflats, sandflats, wetlands, natural ponds for which the use, degradation or
destruction could affect interstate or foreign commerce; and (5) areas which are or could be used for
28 Rodeo Heights Project
April 1998
- ---.',-------"
Biological Resources Report
.
recreation by interstate or foreign travelers, from which fish or shellfish are Or could be taken and sold
in interstate or foreign commerce, use as habitat for birds that migrate across state boundaries, and use
for species protected by the federal Endangered Species Act.
ACOE jurisdiction in non-tidal waters extends to the ordinary high water mark (OHWM). In
intermittent streams, for example, this line can be established by "the fluctuations of water as
. .' indicated by physical characteristics such as clear, natural lines impressed m the bank, shelving,
changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris,
or other appropriate means that consider the characteristics of the surrounding areas" (33 code of
Federal Regulation 328.3 (e)).
Beyond the OHWM, ACOE jurisdiction extends to the limit of adjacent wetlands, if they are present.
Adjacent is defined to mean "bordering, contiguous, or neighboring." .Wetlands separated from other
waters by construction dikes or barriers and natural river bennsare considered. adjacent wetlands (33
Code of Federal Regulation 328.3 (c)). Wetlands are defined as "those areas that are inundated or
saturated by surface or ground water at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions" (33 Code of Federal Regulation 328.3 (b)).
California Department of Fish and Game
In addition to tl1e Federal Section 404 regulatory process, the State of California regulates water
resources under sections 1600 to 1603 of the Fish and Game Code of California (1995). Section 1601
mandates that "...general plans sufficient to indicate the nature of a project for construction by, or m
behalf of, any state or local governmental agency or any public utility shall be submitted to the
department if the project will (1) divert, obstruct, or change the natural flow or the bed, channel, or
bank of any river, stream, or lake designated by the department in which there is at any time an
existing fish or wildlife resource or from which these resources derive benefit, (2) use material from the
streambeds designated by the department, or (3) result in the disposal or deposition of debris, waste, or
other material containing crumbled, flaked, or ground pavement where it can pass into any river,
stream, or lake designated by the department."
CDFG considers most natural drainages to be streambeds unless it can be demonstrated otherwise.
Streambeds are defined in the California State Register (No. 87, No.9, Section 1.72) as follows: "A
stream is a body of water that flows at least periodically or intermittently through a bed or channel
29 Rodeo Hrights Project
April 1998
----... ------.----
-,~., " .,._._c.....""'..,......,___
Biological Resources Report
having banks and that support fish or other aquatic life. This includes watercourses having surface or
subsurface flow that supports or has supported riparian vegetation."
CDFG jurisdiction includes ephemeral, intermittent, and perennial watercourses, and is often extended
to the limit of riparian habitats that are located contiguous to the water resource and that function as
part of the watercourse system.
. ..
Regional Water Quality Control Board
The State of California regulates water quality issues under Section 401 of the Clean Water Act, which
provides regulatory authority to the Regional Water Quality Control Board (RWQCB). The State
regulates discharge of fill into wetlands and waters to ensure that clean water goals are met. Projects
qualifying for an ACOE Section 404 permit must submit materials for review to the appropriate
RWQCB and request a Section 401 certification.
Results of Preliminary Jurisdictional Analysis
No detailed jurisdictional analysis was conducted (1'\ the site as part of this study. Based (1'\ the
preliminary field investigation, several areas of the site may qualify as ACOE "waters of the United
States" per Sections 401-404 of the Federal Clean Water Act and "streambeds" per Sections 200-210 and
1600-1603 of the California Fish and Game Code. As shown (1'\ Figure 1, the three on-site drainages
that support central coast riparian forest and coyote brush - California coffeeberry scrub would qualify
as ACOE waters of the U.S. and as a CDFG streambed. In addition, the graded areas of the site
contains two short, incised channels and isolated depressions that contained saturated soils or ponded
water (i.e., seasonal pool) at the time of the March 1998 survey. A detailed field survey is necessary to
delineate the boundaries of ACOE and CDFG jurisdiction.
4.0 REFERENCES
Abrams, L., Illustrated Flora of the Pacific States, Vol. I, Stanford University Press, Stanford,
California, 1923.
Abrams, L., Illustrated Flora of the Pacific States, Vol. II, Stanford University Press, Stanford,
California, 1944.
Abrams, L., and R.S. Ferris, lllustrated Flora of the Pacific States, Vol. III, Stanford University Press,
Stanford, California, 1951.
30 Rodeo Heights Project
April 1998
.
_. TRACT 2236. GRACE LANE -
A TT ACHMENT C
CITY OF ARROYO GRANDE P.U.D. .
FUEL MODIFICATION SPECIFICATIONS
In accordance with Municipal Section 8.44.020 all grass, weeds, brush, and other combustibles will be maintained
in a condition that will make it unlikely that it will become easily ignited or support the spread of fire. The Fire
Department encourages the property owner to consider the use of livestock (goats. cattle, etc.) to ecologically
maintain the fire safety of this land.
ZONE 1
Grasses shall be cut down to a length of 4 inches or less yearly, or as required by the City of Arroyo Grande Fire
Department. All brush and pampas grasses will be also be cut down in this zone.
Zone 2
Shrubs under oaks and within 10 feet of tree canopies shall be removed. Brush in this area shall be thinned to the
satisfaction of the Arroyo Grande Fire Department to allow for minimal spread of fire and to allow adequate
access for firefighting suppression efforts. Grasses and brush shall be kept mowed in this zone as well.
Zone 3
To eliminate ladder fuels beneath oak trees, oak tree limbs to be considered for removal shall be less than 4
inches in diameter and within 4 feet of the ground. Branches must be chipped for mulch and spread on site.
Grasses in this zone shall be kept mowed where practical.
. h b d' t t the canopy sha/llikeVo/ise have limbs 4 inches or less removed until clearance is
Trees INlth s ru s a rjacen 0
achieved bet\..Veen canopy and shrubs.
Some shrubs In this area may be indicated in the field to be thinned. , h
halt bE!' chipped and used as "TU.~ c: .
Existing 1'aUen branches located In treated zc>nes s hazard 0" a..e 'VVlthln 4 1'......" ~~ ~...rto,c..,
bs c>ver 4- inches in cUerneter """,^,hi~h ~~~ec>~ Parks R.ec.reatic>o.. and Facihties_
RetT\ova\ 01' \a..ge.. 1:.....: I~p..oved by an a..bo..lst and 1;h... Dire . _ l' P..unlng Pe..tT\lt by th...
dea..ance zone tT\ust e one c>n\y afte.. 1:h... iSsuance 0 a
e on oak t:rees in this zone shall be cI
All pruning ,^,ork don eat"ie>n and Facilities..
Di.....c1:o.. 001' P....ks. Rec.. . d 1:h... Ci"y c>~ A.r..c>yc> <::'rande F're
"J"oo.Ie>tes 4e.... CloT'" ~c:::H.T'\EtCJo'^"'~oers .A.ss<:><:'1.a::~"""''''~::;~~~:::'$:h~~~fle.....:~ CJope....... spa.c.e areas.
A. site ~..,\<. ~'''h the <O>~';:r t<o> the cc>~~e~ce~e~t <o>~ y <' th... C:::\ty ~<' A.rr<o>yc> co.r_~cl~
"-"_rsh_n \s re~~'red pr k tre...s sh_U cc>~<'c>r~ t~ t~~s~~';-~'.:\~~;'c~tecl p~r cl<O>~;:-=t~";.~e;;'~cl s...."'cC>~tr_ct~rs
......" ~c>r\<. c>~ ~~~ -~~~~_~~~~~'f ~":'s_ ,""'t"~~[::;;:'.~'J;;. ~~~~~":':;~-pr""~~~~~:'-~~~;'"i't~~~~ t~~~...'~_
<='~~:::"~':..~""""t:.<30IMO.S boy eo. ~.-a~~~ ~":.~~~~r~t.'"'ao......~ _r"lt.c:S ~ 'Feo...,..,.",,_.... _
:-hel\ hCt._.e, "'~.eo.d. 't::......Ee ~c:.T""T"'O.~
- - ~ -~
_. TRACT 2236. GRACE LANE -
ATTACHMENT C
CITY OF ARROYO GRANDE P.U.D. ~
FUEL MODIFICATION SPECIFICATIONS
In accordance with Municipal Section 8.44.020 all grass. weeds, brush. and other combustibles will be maintained
in a condition that will make it unlikely that it will become easily ignited or support the spread of fire. The Fire
Department encourages the property owner to consider the use of livestock (goats, cattle. etc.) to ecologically
maintain the fire safety of this land.
ZONE 1
Grasses shall be cut down to a length of 4 inches or less yearly. or as required by the City of Arroyo Grande Fire
Department. All brush and pampas grasses will be also be cut down in this zone.
Zone 2
Shrubs under oaks and within 10 feet of tree canopies shall be removed. Brush in this area shall be thinned to the
satisfaction of the Arroyo Grande Fire Department to allow for minimal spread of fire and to allow adequate
access for firefighting suppression efforts. Grasses and brush shall be kept mowed in this zone as well.
Zone 3
To eliminate ladder fuels beneath oak trees, oak tree limbs to be considered for removal shall be less than 4
inches in diameter and within 4 feet of the ground. Branches must be chipped for mulch and spread on site.
Grasses in this zone shall be kept mowed where practical.
Trees with shrubs adjacent to the canopy shall likewise have limbs 4 inches or less removed until clearance is
achieved between canopy and shrubs.
Some shrubs in this area may be indicated in the field to be thinned.
Existing fallen branches located in treated zones shall be chipped and used as mulch.
Removal of larger tree limbs over 4 inches in diameter which pose a hazard or are within 4 feet of vertical
clearance zone must be approved by an arborist and the Director of Parks, Recreation, and Facilities.
All pruning work done on oak trees in this zone shall be done only after the issuance of a Pruning Permit by the
Director of Parks, Recreation, and Facilities.
Notes
A site walk with the owner or Homeowners Association's Representative and the City of Arroyo Grande Fire
Marshall is required prior to the commencement of any work in the defined open space areas.
All work on and around existing oak trees shall conform to the conditions of the City of Arroyo Grande
Community Tree Ordinance 431 C.S. All pruning of oak trees shall be executed per documented
recommendations by a certified arborist using ISA approved pruning standards. All contractors and subcontractors
shall have read the community tree ordinance and be familiar with the conditions therein.
LEGEND
- ZONE 1
I I ZONE 2
- ZONE 3
__.__~_u_.._._._
Biological Resources Report
.
Ingles, L.G. Mammals of the Pacific States. Stanford University Press. Stanford, California, 1965.
Jennings and Hayes. Amphibian and Reptile Species of Special Concern in California. Final report to
the Inland Fisheries Division, California Department of Fish and Game. Rancho Cordova,
California, 1994.
Jennings, M.R An Annotated Checklist of the Amphibians and Reptiles of California. In California
Fish and Game, 1983, 69(3): 151-171.
. .' Jones, J.K., Jr., c. Jones, M.D. Engstrom, RJ. Baker, RS. Hoffman, and D.W. Rice. Revised Checklist of
North American Mammals North of Mexico, 1991. Occasional pap~rs of the Museum of Texas
Tech University. 1992, No. 146.
Moyle, P.B., RM. Yoshiyama, J.E. Williams, and E.D. Wikramanayake. Fish Species of Special
Concern of California. Final report to the Inland Fisheries Division, California Department of
Fish and Game. Rancho Cordova, California, 1995.
Munz, P.A. A Flora of Southern California. University of California Press. Berkeley, California.
Pacific Western. 1992 (Nov.). Approximately 6,000-scale (1 inch = 500 feet> color aerial photograph of
the site (Code PWSLO 7-16-2), 1974.
Reed, P.B., Jr. National List of Plant Species That Occur In Wetlands: California (Region 0).
Biological Report 88 (26.10). U.s. Fish and Wildlife Service, 1988.
Remsen, J.V. 1978. Bird Species of Special Concern in California: An Annotated List of Declining or
Vulnerable Bird Species. Non-game Wildlife Investigations. Wildlife Management Branch,
California Department of Fish and Game. Administrative Report, No. 78-1.
Roberts, F.M., Jr. 1989. A Checklist of the Vascular Plants of Orange County, California. Museum of
Systematic Biology, University of California, Irvine, Research Series No.6.
Sawyer, J.O., and T. Keeler-Wolf. 1995. A Manual of California Vegetation. California Native Plant
Society.
Skinner, M.W., and B.M. Pavlik. 1994. California Native Plant Society's Inventory of Rare and
Endangered Vascular Plants of California. California Native Plant Society. Special
Publication, No.1, 5th ed.
Stebbins, RC. 1985. A Field Guide to Western Reptiles and Amphibians. 2nd ed. Houghton-Mifflin
Company. Boston, Mas~~chusetts.
U.S. Department of Agriculture. 1984. Soil Survey of San Luis Obispo County, California--Coastal
Part. Natural Resources Conservation Service.
U.S. Fish and Wildlife Service. 1996a (Feb. 28). Endangered and Threatened Wildlife and Plants;
Review of Plant and Animal Taxa that are Candidates for Listing as Endangered or Threatened
Species. Volume 61, Number 40. Federal Register 50 CFR Part 17. U.S. Department of the
Interior. Washington, D.C.
U.s. Fish and Wildlife Service. 1996b (Feb. 28). Endangered and Threatened Species; Notice of
Reclassification of 96 Candidate Taxa, Volume 61, Number 40. Federal Register 50 CFR Part
17. U.S. Department of the Interior. Washington, D.C.
32 Rodeo Heights Project
Apri/1998
~-._.-
Biological Resources Report
.
U.s. Fish and Wildlife Service. 1997 (Sept.). Review of Plant and Animal Taxa that are Candidates
or Proposed for Listing as Endangered or Threatened, Annual Notice of Findings on Recycled
Petitions, and Annual Description of Progress on Listing Actions. U.S. Department of the
Interior. Washington, D.C.
U.S. Geological Survey. 1993 (revised). Arroyo Grande NE Quadrangle; California, San Luis Obispo
County; 7.S-Minute Series (Topographic); Scale 1:24,000(1 inch = 2,000 ft.). U.S. Department of
the Interior, Geological Survey.
. ,. United States Department of Agriculture, Soil Conservation Service, Soil Survey of San Luis Obispo
County- Coastal Part, September 1984.
Williams, D.F. 1986. Mammalian Species of Special Concern in California. Non-game Wildlife
Investigations, Wildlife Management Branch, California Department of Fish and Game.
Administrative Report, No. 86-1.
Zeiner, D.C., W.F. Laudenslayer, Jr., and K.E. Mayer. 1988. California's Wildlife. Vol. I.
Amphloians and Reptiles. California Department of Fish and Game, Sacramento. 272 pp.
33 Rodeo Heights Project
April 1998
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A TT ACHMENT 18
SEPTEMBER 30, 2003
L YN REARDON-SMITH,
CO~SSIONSECRETARY RECEIVED
COMMUNITY DEVELOPMENT DEPARTMENT
214 E. BRANCH ST.
ARROYO GRANDE, CA 93420 OCT 0 1 2003
RE: GRACE LANE; ROYAL OAKS PLANNED DEVELOPMENT CIlY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPT.
MR. SMITH,
WE WILL BE UNABLE TO ATTEND THE OCTOBER 7111 MEETING REGARDING TillS
DEVELOPMENT, BUT WANTED YOU TO KNOW OUR OPINIONS.
AS A RESIDENT AT 370 RODEO DR I FEEL THE IMPACT ON OUR CITY WIL BE
IMMEASURABLE WITH THE DEVELOPMENT OF TillS NEW TRACT.
THE POPULATION HAS ALREADY PUT A BURDEN ON OUR WATER AND SEWER SYSTEMS
NOT TO MENTION FIRE AND POLICE DEPARTMENTS. THEN THERE IS THE TRAFFIC. THE
INTERSECTIONS OF BRANCH AND BRISCO IS ALREADY OVER CROWDED JUST TO
MENTION ONE AREA THE RURAL FEEL OF THE CITY, THAT I BOUGHT AND MOVED HERE
FOR IS QUICKLY DISAPPEARING.
THAT PROPERTY WAS ORIGINALLY SET ASIDE FOR ONE RESIDENCE, WE CAN SEE NO
REASON TO CHANGE THAT CODE. I AM SORRY THAT MR MC HANEY BOUGHT THE
PROPERTY LOOKING TO CHANGE IT AND MAKING ^ LOT OF MONEY OUT OF IT. BUT,
WHEN YOU GAMBLE YOU HAVE TO TAKE THE CHANGE OF LOSING.
PLEASE USE YOUR HEAD NOT YOUR POCKETBOOK AND VOTE NO ON THIS PLAN. AFTER
ALL DO THE HOMES FIT THE NEIGHBORHOOD OR WILL WE NO LONGER SEE A DEER IN
OUR BACK YARD.
WE ARE COUNTING ON YOU TO BRING OUR OPINIONS BEFORE THE COUNCIL AND CAN
ONLY PRAY THAT THE RIGHT DECISION WILL BE MADE.
THANK YOU FOR YOUR ATTENTION TO TillS PROBLEM.
/1~.IJ~.;J-~
MR & MRS. HOWARD G. lllLDRETH
"--~-- "" ---_...,,~~- .J
t
10/6/2003
A TT ACHMENT 19
Community Development Department
214 E. Branch Street
Arroyo Grande, CA 93420
Re: Planning Commission Hearing scheduled for Tuesday, October 7, 2003
Dear City of Arroyo Grande Planning Commission & Honorable City Council;
There are many wonderful things about our city. Much of the demanding work you
do revolves around the people, natural resources, housing, and quality of life for the
people of our community. It seems to be a common thread for the people of AG to
treasure our village, our farmland, our history, and our remaining remnants of
nature and open space.
We see evidence of this in many places:
- Our recently revised general plan (specifically see CIOS3, CIOSl and CIOS2)
and planning commission guidelines which specifically define a premium be put
on -riparian and wildlife corridors"
- Recent public meetings and erR review and comments The general public,
several natural resource groups, and the residents of AG expressed great
compassion and concern for watersheds, open space, and habitat for plants
and animals who have sacrificed much of their space for the roads, houses,
and impact of our community.
We need not look far to see the impact of growth on our natural community. 1) the
Pismo lagoon sediment load that is tied directly to construction 2) the Ocean~
flooding and sedimentation 3) the Pismo Clarkia, Red-Legged Frog and other
declining plants and animals. At the same time, it is very clear that growth and
change in our community, and elsewhere, is inevitable; how and where we grow is the
thing we need to examine
At this point in my plea to you, I would like to take you on little photo journey, over
the past twenty years, to demonstrate the growth and the impacts of growth, as
well as how AG and other forward-thinking communities has planned for, utilized,
and preserved -remnants" of nature to be used as a feature within our communities
and as a working model of a functioning, rich, and educationa.l ecosystem.
Back in the early 1980's AG was a community of approximately 12,000 residents.
(See Figure 1 and 2) There was a largely rural setting and the vast majority of the
10/6/2003
residential and retail communities were concentrated on the western side of 101
freeway and along the Grand Avenue corridor. (See figure 3)
The area comprised of Waltnart, RANCHO GRANDE, THE HIGHLANDS, and all
other urban areas we see there were composed primarily of Oak woodland, riparian,
and mixed Oak grassland. (See figure 4)
Currently, there are more than 17000 residents in Arroyo Grande and the growth in
the Rancho Grande, James Way, and Stagecoach areas have had the greatest
impact to our once rolling hills. (See figure 5) Still, to be commended, AG city
representatives, planning commissions, City Councils and its citizens have worked
hard to accommodate growth with an appreciation and value for the environment.
Here we can see ecological reserves and recreQtion coexisting and adding value to
the community as a whole, (See figures 6, 7,8)
The concentration of housing in the Rancho Grande area has influenced placement
decisions for Rancho Grande Park, Hidden Oaks Elementary School, and the Rodeo
Drive Oak Preserve.
You are now considering the development of Mr. Don McHaney's property and Royal
Oaks Estates. I implore you to seriously consider incorporating this parcel into the
Arroyo Grande natural resource vault. The 29+-acre scenic and sensitive riparian
corridor parcel known as tract 1390- the Royal Oak Estates- should remain open
space.
This 29+-acre parcel is a pedestrian, wildlife, and riparian corridor and provides a
vital link to the entire system of ecological and resource relief of the suburban
interface, but it is now slated for development into a tract of 15 expensive homes.
Look at it closely and you will see a corridor that runs from the core of the Rancho
Grande tracts, connecting neighborhoods and nature from Rancho Grande Park to
the South County Library, and perhaps the future sites of a community recreation I
center and the Hidden Oaks School. The emphasis could be placed on a multi- I
functional trail system accommodating the natural riparian ecosystem, the
recreational and safe pedestrian travel between community resources, and an I
aesthetic and functional treasure for all of Arroyo Grande. I
I
I
I understand there may be an existing easement and plan for a pedestrian bike trail I
directly above the creek, but I would encourage an even greater exploration and I
dialog with the likes of The Nature Conservancy, SLO Land Conservancy, the Trust
for Public Land, and other potential grant or financial supporters to capture the
entire 29 + acres.
10/6/2003
The parcel has some very tlerious erosion control issues -as seen by the huge gullies
and canyons created by runoff of surrounding development. (See figures 9.10,11)
The site also has notable wetland plants and animals that will need to be cleared and
mitigated with the blessing of Army Corps and Department of Fish and Game.
Bobcats, mountain lions (recently seen), deer, coyote, ducks, many species of hawks
and owls, all call this parcel home. It allows a natural wildlife corridor for animals
and people to travel and -escape-. I seriously doubt that an 8-foot wide bike path
and a narrow 4-foot creek setback is enough to still allow nature to flourish.
For the past twelve years or more, the citizens of AG have been allowed to use this
corridor as a natural pathway and escape to nature. (See figure 12)
Has an erR been conducted on this Development? What mitigation, if any, has been
proposed? Has anyone from the City contacted The Land Conservancy or The Trust
for Public Land about this parcel? I urge the Planning Commission and the City
Council to further explore till DjJtitJll$ and hold the value of nature and natural
resources as more valuable than additional housing units. If we are intimidated to
-fill-in- houses wherever we can to meet statewide mandates and to accommodate
developer's investment returns then we miss out on a truly golden opportunity to
further distinguish Arroyo Grande from the urban sprawl and sacrifice that we see
as commonplace in the rest of California.
I trust you agree with me- Arroyo Grande is a special place. You, as planning
commissioners, and City Council have an incredible opportunity to create a great
vision - an open space area that is a vital link ~roughout our suburban and natural
terrain. I think many, many more people will adversely be affected by this
development than the 15 new homeowners and the invested Developer stand to gain.
This Riparian corridor should clearly be given more than the approximately 12-foot
easement, which is currently being discussed.
Please take my plea seriously enough to take the walk I outline for you on the
enclosed map. Deemed the -Rancho Grande Riparian Corridor". (See figures 13,14)
Please park and walk from the South County Library directly upstream and you will
end up in the recently crowned jewel, Rancho Grande Park. I think you will
experience what potentially wonderful nature I have described for you. Vote your
conscience on this development and vote for the current residents of Arroyo
Grande and the Riparian Corridor about to be demolished. We need nature and open
space more than we need another 15 houses. Take this opportunity to seize this
property, as a vital link in the center of our residential core and turn it into open
space and natural protected environment so the animals, people, and beauty we call
home stays just that- instead of just a few more nice homes.
10/6/2003
Your children will thank you, the Citizens of Arroyo Grande will thank you, and you
will thank yourself for being open minded and determined enough to take an
imaginative, strong stand that truly serves the masses. Nature needs to be
defended, and we will benefit more if this space is left open.
Thank you for your time and your honest open consideration.
C~
/11\~- .~w, - - "-
ruce MicheUe Berlin
Arroyo Grande
Enclosures: Rancho Grande Riparian Corridor Map
2 pages of pictures, figures 1-12
- -~---_.
FiQure 1: Ranch House - AG
Figure 2:0ak Grassland AG
Figure 5: Rancho Grande & Walmart AG
Figure 6:
nes Way Oak Habitat
)athway system AG
Figure7. 8:. Bob Jones Bikepath - Avna- SLO
--~-,.--_._",",_.._"--,------,_.~..,...,---,,--
Fhmre 1 : Ranch House - AG
Fhmre 2:Oak Grassland AG
"
Figure 5: Rancho Grande & Walmart AG
Figure 6:
nes Way Oak Habitat
)athway system AG
Fhmre7. 8:. Bob Jones BikePath - AviJa- SLO
...--......-......",...,,,"',......-..--
Figures 9, 10, 11: Erosion Centrol - Tract 1390
Figures 13, 14:
Rancho Grande
Riparian Corridor
2003
Pedestrian & Wildlife Friendly
Fieure 12- Pedestrian Usaee
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, A TT ACHMENT 20
Community Development ~partment October S, 2003
I City of AtTOyo Grande
PO Box S5\)
Arroyo Otande, CA 93421
SubJect: Vestina T~ti\'C Tract Map 02..005
Grace Lane; Royal Oaks Planned Development
Gentlemen:
Thank you for the opportunity to review the tentative map ror the proposed subdivision. We are
oriainal owners in the patio..home portion of Royal Oaks and have thoroughly enjoyc:d living
here these last 13 years.
The fullowing comments are based on the 8 %" x 11" copy ofthe map we received in the mail.
Your review and consideration ofthesc comments is appreciated:
1. Both Grace Lane typical street sectiom ~hidc a 6-foot wide earth bench on the open-
space side ofOrace Lane. Furthermore, this "bench" appears to be at the top of a 2:1 slope (2-
feet horizontal for evety t..100t of vertical chanae) down the hill. This will be the more popular
side of the street for wa1king as it win be the side closer to the open space. Tho bench should be
City standard sidewaDc, consistent with all other streets in the Royal Oaks subdivision. A
sidewalk wi)) be much mote agreeable with an the elderly walkers that enjoy our neighborhood
Additional1y, the typical section should include either a fence at the outer edge of the sidewalk, a
horizontal buffer (3-4 foot warning strip) between the edge of the sidewalk and the top of the
down-stope, or a concrete curb integral with t~ sidewalk.
2. Please review the vertical and hori20ntal sight distances at the Rodeo Drive.Orace Lane
intersection (southern end of Onu:e Lane). The chain link fencing around. the drainage element
on the right hand side of Grace Lane may need to be pulled back away ftom the Rodeo Drive
sidCwalk. Additionally, a flashing yellow advance warning light similar to the one recently
installed on J8JJ1ds Way may be required at the orest of Rodeo Drive fur vehicles proceeding ...'"
northJrom West Branch Street.
3. The City of Arroyo Grande has just spent 3-4 years and probably $50,000 studying traffic
issues on Rodeo Drive and instaUing calming devices. During the study phase oCthis endeavor,
the City conSidered makins Rodeo Drive a one-way street. The current solution appears to be
working. Completing Grace Lane will create a new dynamic to the overall traffic situation. The
City should retain a bond ftom the developer to cover any traffio modification needs for Grace
Lane and Rodeo Drive in the event further .revisions to present circulation elements are needed
based on unintended consequences created as a result ofthe project.
to'd tOO' ON vs:a ~O '901.' ~::IO. . :131
.
--
I.d.
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 the following item: PROPOSED RESOLUTION AMENDING THE
CITY'S STANDARD SCHEDULE FOR DEVELOPMENT IMPACT FEES.
APPLICANT: City of Arroyo Grande
PROPOSAL: The Council will consider a proposed Resolution
amending the City's standard schedule for Development
Impact Fees to establish a water facility fee for an 8-inch
water meter.
REPRESENT A TIVE: Public Works Director/City Engineer
Any person affected or concerned by the proposal may submit written comments to the
Office of the City Manager before the City Council hearing, or appear and be heard in
support of or opposition to the proposal at the time of the hearing.
Any person interested in the proposal can contact the Public Works Department at 214 E.
Branch Street, Arroyo Grande, California, or by telephone at (805) 473-5440 during normal
business hours (8:00 a.m. to 5:00 p.m.). The proposal will be 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.
Date and Time of Hearing: TUESDAY, OCTOBER 28,2003 AT 7:00 P.M.
Place of Hearing: ARROYO GRANDE CITY COUNCIL CHAMBERS
215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA 93420
{}1tItUolvL-
Kelly etm re, Director of Administrative Services/
Deputy City Clerk
Publish 1 time, October 17, 2003
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING
CITY'S STANDARD SCHEDULE FOR DEVELOPMENT IMPACT FEES
DATE: OCTOBER 28, 2003
RECOMMENDATION:
It is recommended the City Council adopt the attached Resolution amending the City's
standard schedule for Development Impact Fees to establish a water facility fee for an
. 8-inch water meter.
FUNDING:
The adoption of the attached Resolution will add an Impact Fee for new development
requesting an 8-inch water meter in the amount of $46,072. The revenue generated
from this amendment is intended to cover the cost of the service provided.
DISCUSSION:
On May 8, 2001, the City Council adopted a Resolution establishing a standard
schedule for development impact fees. Section (e) of the resolution included Water
Facility Fees based on meter size (5/8-inch to 6-inch).
However, the Resolution did not include a fee for an 8-inch water meter. Most
developments in the City require small meters to serve the proposed project. Larger
meters are often .used for projects that will utilize one meter for multiple residents such
as apartments or commercial projects with fire sprinkler requirements. Recently a
request was made to combine the domestic use and the fire sprinkler system on one
meter. To provide the necessary flow for this situation an 8-inch meter must be
installed. An 8-inch water meter has been included in the attached Resolution and must
be adopted by the Council before the fee can be implemented.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve staff's recommendation and adopt the resolution amending the City's
standard schedule for Development Impact Fees to establish a water facility fee for
an 8-inch water meter;
. Do not approve staff's recommendation and retain the current fee schedule;
. Modify staff's recommendation and approve; or
. Provide direction to staff.
jep:232.0304 (019) \ 8-lnch Water Meter Staff Report.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING THE CITY'S
STANDARD SCHEDULE FOR DEVELOPMENT FEES
WHEREAS, the City Council adopted Ordinance 525 C.S. consolidating into a single
Chapter of the Arroyo Grande Municipal Code provisions regarding development impact
fees for fire protection, police facilities, community centers, park improvements. water
facilities, traffic signalization and transportation facilities; and
WHEREAS, pursuant to Ordinance 525 C.S., the Council may by resolution set the
amount of said development impact fees; and
WHEREAS, the Council is amending the City's standard schedule for Development
Impact Fees to establish a water facility fee for an 8-inch water meter.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby adopts the fees and fee schedules set forth in Exhibit "A" attached
hereto and incorporated herein by this reference. This Resolution shall take effect sixty
(60) days after its adoption per Government Code Section 66017.
On motion 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:
TIMOTHY J. CARMEL, CITY ATTORNEY
EXHIBIT "A"
Definitions:
Development Types -Residential and commercial development divided into sub-
categories.
Units of Development - A standard measure of the cost to provide services. The
acre is the fundamental unit measure, which is divided into a smaller component,
the dwelling unit (DU).
Asset Cost Per Acre - The calculated cost to provide additional services/facilities
to new development.
Calls Per Unit - The number of yearly additional police calls generated by new
development.
Facility Cost Per Call - The cost per call to expand current police facilities to
accommodate new development.
Persons Per Unit - The number of persons expected to reside in the unit of
development.
Costs Per Capita - The cost of new or additions to the current community center,
on a per person basis, to maintain the current level of service of recreation
facilities.
Impact Fee Per Unit - The fee to be levied per unit of development in order to
recover future cost of new or expanded facilities.
-~~
(a) Fire Protection Fees:
A person seeking to construct a residential or non-residential development project shall
pay a fire protection fee of $1,328.51 per acre. Acres per dwelling unit are determined based
upon the following schedule.
IMPACT FEES PER UNIT OF DEVELOPMENT
FIRE PROTECTION
Units of Acres Impact Fee
Land Use CateQories Development Per Unit Per Unit
Asset Cost Per Acre = $1,328.51
RESIDENTIAL (per dwelling unit)
Residential - Estate Acre 2.50 3,321.27
Rural Residential (average 1-2 DU acre) DU 1.00 1,328.51
Single Family Detached (average 3-6 DU/acre) DU 0.32 425.13
Second Residential Unit DU 0.32 425.13
Multi-family (Condominium) DU 0.09 119.56
Multi-family (Apartments) DU 0.09 119.56
Mobile Home (Family) DU 0.32 425.13
Mobile Home (Adults only) DU 0.32 425.13
Retirement Community DU 0.09 119.56
Congregate Care Facility DU 0.09 119.56
GOVERNMENT
Civic Center Acre 1.00 1,328.51
Post Office Acre 1.00 1,328.51
Community Acre 1.00 1,328.51
Department of Motor Vehicles Acre 1.00 1,328.51
OFFICE
Standard Commercial Office Acre 1.00 1,328.51
Office Park Acre 1.00 1,328.51
Single Tenant Office Acre 1.00 1,328.51
Corporate Headquarters Acre 1.00 1,328.51
Medical-Dental Office Acre 1.00 1,328.51
INDUSTRIAL
Industrial/Business Park Acre 1.00 1,328.51
Industrial Park (no commercial) Acre 1.00 1,328.51
Manufacturing/Assembly Acre 1.00 1,328.51
Warehousing Acre 1.00 1,328.51
Storage Acre 1.00 1,328.15
Science Research & Development Acre 1.00 1,328.15
~--'"--".
FIRE PROTECTION
Units of Acres Impact Fee
Land Use CateQories Development Per Unit Per Unit
Asset Cost Per Acre = $1,328.51
SHOPPING CENTERS
Super Regional (>60 acres) Acre 1.00 1,328.15
Regional (30-60 acres) Acre 1.00 1,328.15
Community (10-30 acres) Acre 1.00 1,328.15
Neighborhood (<10 acres) Acre 1.00 1,328.15
COMMERCIAL SHOPS
Specialty Retail/Strip Commercial Acre 1.00 1,328.51
Electronics Superstore Acre 1.00 1,328.51
Factory Outlet Acre 1.00 1,328.51
Supermarket Acre 1.00 1,328.51
Drugstore Acre 1.00 1,328.51
Convenience Market (15-16 hours) Acre 1.00 1,328.51
Convenience Market (24 hours) Acre 1.00 1,328.51
Convenience Market (w/gasoline pumps) Acre 1.00 1,328.51
Discount Club Acre 1.00 1,328.51
Discount Store Acre 1.00 1,328.51
Furniture Store Acre 1.00 1,328.51
Lumber Store Acre 1.00 1,328.51
Home Improvement Superstore Acre 1.00 1,328.51
Hardware/Paint Store Acre 1.00 1,328.51
Garden Nursery Acre 1.00 1,328.51
RESTAURANTS
Fast Food Acre 1.00 1,328.51
Sit Down Acre 1.00 1,328.51
FINANCIAL SERVICES
Bank/Savings and Loan Acre 1.00 1,328.51
OTHER LAND USES
Church Acre 1.00 1,328.51
General Hospital Acre 1.00 1,328.51
Convalescent/Nursing Acre 1.00 1,328.51
Bus depot Acre 1.00 1,328.51
FIRE PROTECTION
Units of Acres Impact Fee
Land Use CateQories Development Per Unit Per Unit
Asset Cost Per Acre = $1,328.51
RECREATIONAL
Bowling Center Acre 1.00 1,328.51
Campground Acre 1.00 1,328.51
Golf Driving Range Acre 1.00 1,328.51
Movie Theater Acre 1.00 1,328.51
Multi-purpose (miniature golf, video arcades,
batting cages, etc.) Acre 1.00 1,328.51
Health Club Acre 1.00 1,328.51
Tennis Court Acre 1.00 1,328.51
Sports Facility Acre 1.00 1,328.51
AUTOMOBILE
Car Wash Acre 1.00 1,328.51
. Gas Station Acre 1.00 1,328.51
Sales (Dealer & Repair) Acre 1.00 1,328.51
Auto Repair Center Acre 1.00 1,328.51
Auto Parts Sales Acre 1.00 1,328.51
Quick Lube Acre 1.00 1,328.51
Tire Store Acre 1.00' 1,328.51
CEMETERY (acre) Acre 1.00 1,328.51
EDUCATION PUBLIC OR PRIVATE
University - 4years (acre) Acre 1.00 1,328.51
Junior College Acre 1.00 1,328.51
High School Acre 1.00 1,328.51
Middle/Junior High Acre 1.00 1,328.51
Elementary Acre 1.00 1,328.51
Day Care Center (per child) Acre 1.00 1,328.51
. Library Acre 1.00 1,328.51
LODGING
Hotel (w/convention facilities/restaurant) Acre 1.00 1,328.51
Motel Acre 1.00 1,328.51
Resort Hotel Acre 1.00 1,328.51
Bed and Breakfast Acre 1.00 1,328.51
(b) Police Facilities Fees:
A person seeking to construct a residential or non-residential development project shall
pay a police facilities fee of $110.91 per call for service projected to be generated by such
development project. Projected calls for service are based upon the following schedule.
IMPACT FEES PER UNIT OF DEVELOPMENT
POLICE FACILITIES FEES
Calls Police Facilities
Land Use CateQories Per Unit Fees(~
Facility Cost Per Call = $110.91
RESIDENTIAL (per dwelling unit)
Residential - Estate 0.25 27.72
Rural Residential (average 1-2 DU acre) 0.25 27.72
Single Family Detached (average 3-6 D'U/acre) 0.75 83.17
Second Residential Unit 0.75 83.17
Multi-family (Condominium) 1.32 146.39
Multi-family (Apartments) 1.32 146.39
Mobile Home (Family) 0.75 83.17
Mobile Home (Adults only) 0.75 83.17
Retirement Community 1.32 146.39
Congregate Care Facility 1.32 146.39
GOVERNMENT (per acre)
Civic Center 1.24 137.52
Post Office 1.24 137.52
Community 1.24 137.52
Department of Motor Vehicles 1.24 137.52
OFFICE (per acre)
Standard Commercial Office 1.24 137.52
Office Park 1.24 137.52
Single Tenant Office 1.24 137.52
Corporate Headquarters 1.24 137.52
Medical-Dental Office 1.24 137.52
INDUSTRIAL (per acre)
Industrial/Business Park 0.68 75.41
Industrial Park (no commercial) 0.68 75.41
Manufacturingl Assembly 0.68 75.41
Warehousing 0.68 75.41
Storage 0.68 75.41
Science Research & Development 0.68 75.41
.~~._""..'~ "" ,..--""....,-...---.
POLICE FACILITIES FEES
Calls Police Facilities
Land Use Categories Per Unit Fees ($1-
Facility Cost Per Call = $110.91
SHOPPING CENTERS (per acre)
Super Regional (>60 acres) 41 .48 4,600.29
Regional (30-60 acres) 41.48 4,600.29
Community (10-30 acres) 41.48 4,600.29
Neighborhood (<10 acres) 41.48 4,600.29
COMMERCIAL SHOPS (per acre)
Specialty Retail/Strip Commercial 41.48 4,600.29
Electronics Superstore 41.48 4,600.29
Factory Outlet 41.48 4,600.29
Supermarket 41 .48 4,600.29
Drugstore 41.48 4,600.29
Convenience Market (15-16 hours) 41.48 4,600.29
Convenience Market (24 hours) 41.48 4,600.29
Convenience Market (w/gasoline pumps) 41.48 4,600.29
Discount Club 41.48 4,600.29
Discount Store 41.48 4,600.29
Furniture Store 41.48 4,600.29
Lumber Store 41.48 4,600.29
Home Improvement Superstore 41.48 4,600.29
Hardware/Paint Store 41.48 4,600.29
Garden Nursery 41.48 4,600.29
RESTAURANTS (per acre)
Fast Food 41.48 4,600.29
Sit Down 41.48 4,600.29
FINANCIAL SERVICES (per acre)
Bank/Savings and Loan 41.48 4,600.29
OTHER LAND USES (per acre)
Church 41.48 4,600.29
General Hospital 41.48 4,600.29
Convalescent/Nursing 41.48 4,600.29
Bus depot 41 .48 4,600.29
POLICE FACILITIES FEES
Calls Police Facilities
Land Use CateQories . Per Unit Fees ($)
Facility Cost Per Call = $110.91
RECREATIONAL (per acre)
Bowling Center 41.48 4,600.29
Campground 1.32 145.39
Golf Driving Range .68 75.41
Movie Theater 41.48 4,600.29
Multi-purpose (miniature golf, video arcades,
batting cages, etc.) 41.48 4,600.29
Health Club 41.48 4,600.29
Tennis Court .68 75.41
Sports Facility .68 75.41
AUTOMOBILE (per acre)
Car Wash 41.48 4,600.29
Gas Station 41 .48 4,600.29
Sales (Dealer & Repair) 41.48 4,600.29
Auto Repair Center 41.48 4,600.29
Auto Parts Sales 41.48 4,600.29
Quick Lube 41.48 4,600.29
Tire Store 41 .48 4,600.29
CEMETERY (per acre) .68 75.41
EDUCATION PUBLIC OR PRIVATE
University - 4years (acre) 41.48 4,600.29
Junior College 41.48 4,600.29
High School 41.48 4,600.29
Middle/Junior High 41.48 4,600.29
Elementary 41 .48 4,600.29
Day Care Center (per child) 41.48 4,600.29
Library 41.48 4,600.29
LODGING
Hotel (w/convention facilities/restaurant) 41.48 4,600.29
Motel 41 .48 4,600.29
Resort Hotel 41.48 4,600.29
Bed and Breakfast 41 .48 4,600.29
-"-------- -_._-~.._---
_..,."",.,~._-,._--
(c) Community Center Fees:
A person seeking to construct a residential development project shall pay a community
center fee of $36.41 per new resident generated by such development project. The number of
new residents is based upon the following schedule of estimated persons per dwelling unit.
IMPACT FEES PER UNIT OF DEVELOPMENT
COMMUNITY CENTER FEES
Persons Community Center
Land Use Cateqories Per Unit Fees ($-1--
Facility Costs Per Capita = $36.41
AGRICULTURE (per acre) 2.80 101.95
RESIDENTIAL (per dwelling unit)
Residential - Estate 2.80 101.95
Rural Residential (average 1-2 DU acre) 2.80 101.95
Single Family Detached (average 3-6 DU/acre) 2.80 101.95
Second Residential Unit 2.80 101.95
Multi-family (Condominium) 2.00 72.82
Multi-family (Apartments) 2.00 72.82
Mobile Home (Family) 2.80 101.95
Mobile Home (Adults only) 2.80 101.95
Retirement Community 2.00 72.82
Congregate Care Facility 2.00 72.82
.._.~.....,_._..,.",----...
(d) Park Improvement Fees:
A person seeking to. construct a residential development project shall pay a park
improvement fee of $628.34 per new resident generated by such development project. The
number of new residents is based upon the following schedule of estimated persons per
dwelling unit.
IMPACT FEES PER UNIT OF DEVELOPMENT
PARK IMPROVEMENT FEES
Persons Park Improvement
Land Use Cateqories Per Unit Fees ($)
Costs Per Capita = $628.34
RESIDENTIAL (per dwelling unit)
Residential - Estate 2.80 1,759.36
Rural Residential (average 1-2 DU acre) 2.80 1,759.36
Single Family Detached (average 3-6 DU/acre) 2.80 1,759.36
Second Residential Unit 2.80 1,759.36
Multi-family (Condominium) 2.00 1,256.69
Multi-family (Apartments ) 2.00 1,256.69
Mobile Home (Family) 2.80 1,759.36
Mobile Home (Adults only) 2.80 1,759.36
Retirement Community 2.00 1 ,256~69
Congregate Care Facility 2.00 1,256.69
"--"--
."".,.-.,.----,.........----
(e) Water Facility Fees:
A person seeking to construct a residential or non-residential development project shall
pay a water facility fee based upon the water meter size installed. The fee amount shall be
determined according to the following schedule.
IMPACT FEES BASED ON METER SIZE
WATER FACILITY FEES
Meter Size Water Facility Fees ($)
5/8 inch - % inch 690.76
1 inch 1,151.26
1 % inch 2,302.50
2 inch 3,684.00
3 inch 6,907.50
4 inch 11,512.51
6 inch
~._---_.-
W_'"""'....""'__""'_,__
(f) Traffic Signalization Fees:
A person seeking to construct a residential or non-residential development project shall
pay a traffic signalization fee of $488.53 per peak hour trip generated by such development
project. To determine peak hour trips generated by a development project, the City Engineer,
or his/her designee, will refer first to the schedule of peak hour trips and traffic fees for specific
residential and non-residential uses set forth below. If the specific proposed use is not
identified on this schedule, the City Engineer, or his/her designee, will refer to the San Diego
Association of Governments (SANDAG) most recent "(Not So) Brief Guide of Vehicular Traffic
Generation Rates for the San Diego Region." If the peak hour data is absent from both of
these schedules, the applicant may be required to submit a traffic study or other factual data
which demonstrates the traffic impacts of the proposed development project, to the satisfaction
of the City Engineer.
PEAK-HOUR-TRIPS AND TRAFFIC SIGNALIZATION FEES FOR SPECIFIC RESIDENTIAL
AND NON-RESIDENTIAL USES
Highest AM or PM Traffic
Land Use CateQories Peak hour trips SiQnalization Fees ($)
1 Peak hour trip = $488.53
RESIDENTIAL (per dwelling unit)
Rural Residential (average 1-2 DU acre) . 120 586.23
Single Family Detached (average 3-6 DU/acre) 1.00 488.53
Second Residential Unit 1.00 488.53
Multi-family (Condominium) 0.80 390.82
Multi-family (Apartments) 0.54 263.80
Mobile Home (Family) 0.55 268.69
. Mobile Home (Adults only) 0.30 146.56
Retirement Community 0.28 136.79
Congregate Care Facility 0.16 78.16
GOVERNMENT (per thousand square feet)
Civic Center 3.60 1,758.69
Post Office
CentrallWalk-in only 6.30 3,077.71
Community (not including mail drop.larie) 18.00 8,793:46
Community (w/mail drop lane) 30.00 14,655.75
Mail drop lane only 180.00 87,934.50
Department of Motor Vehicles 18.00 8,793.46
OFFICE (per thousand square feet)
Standard Commercial Office 2.80 1,367.87
Office Park 1.56 762.10
Single Tenant Office 2.10 1,025.90
Corporate Headquarters 1.19 581.35
Medical-Dental Office 5.50 2,686.88
-'---'--_..~_._.- ~-"----"'-'--'--'-
...".................-...--............-.-
PEAK-HOUR-TRIPS AND TRAFFIC SIGNALIZATION FEES FOR SPECIFIC RESIDENTIAL
AND NON-RESIDENTIAL USES
Highest AM or PM Traffic
Land Use CateQories Peak hour trips SiQnalization Fees ($j
1 Peak hour trip = $488.53
INDUSTRIAL (per thousand square feet)
Industrial/Business Park 1.92 937.97
Industrial Park (no commercial) 0.84 410.36
Manufacturing/Assembly 0.80 390.82
Warehousing 0.75 366.40
Storage 0.18 87.93
Science Research & Development 1.28 625.31
SHOPPING CENTERS (per thousand square feet)
Super Regional (>60 acres) 3.60 1,758.69
Regional (30-60 acres) 4.50 2,198.36
Community (10-30 acres) 7.00 3,419.68
Neighborhood (<10 acres) 12.00 5,862.30
COMMERCIAL SHOPS (per thousand square feet)
Specialty Retail/Strip Commercial 3.60 1,758.69
Electronics Superstore 5.00 2,442.63
Factory Outlet 3.60 1,758.69
Supermarket 15.00 7,327.88
Drugstore 9.00 4,396.73
Convenience Market (15-16 hours) 40.00 19,541.00
Convenience Market (24 hours) 63.00 30,777.07
Convenience Market (w/gasoline pumps) 59.50 29,067.24
Discount Club 5.40 2,638.03
Discount Store 4.80 2,344.92
Furniture Store 0.54 263.80
Lumber Store 2.70 1,319.02
Home Improvement Superstore 3.20 1,563.28
Hardware/Paint Store 5.40 2,638.03
Garden Nursery 4.00 1,954.10
RESTAURANTS (per thousand square feet)
Fast Food (with drive through) 45.50 22,227.89
Fast Food (without drive through) 49.00 23,937.73
Sit Down, High Turnover 12.80 6,253.12
Sit Down, Low Turnover (quality) 8.00 3,908.20
_.____.."_ _n__._ -.-
" ----."'~..,'-------
PEAK-HOUR-TRIPS AND TRAFFIC SIGNALIZATION FEES FOR SPECIFIC RESIDENTIAL
AND NON-RESIDENTIAL USES
Highest AM or PM Traffic
Land Use Cateqories Peak hour trips Siqnalization Fees ($J
1 Peak hour trip = $488.53
FINANCIAL SERVICES (per thousand square feet)
Bank/Savings and Loan (walk-in only) 12.00 5,862.30
Bank/Savings and Loan (with drive-through) 20.00 9,770.50
OTHER LAND USES (per thousand square feet unless otherwise noted)
Church
(rates x 4 for Sunday or days of Assembly) 0.72 351.74
General Hospital (per bed) 1.70 830.49
Convalescent/Nursing (per bed) 0.21 102.59
Bus depot 25.00 12,213.12
RECREATIONAL (per thousand square feet unless otherwise noted)
Bowling Center 3.30 1,612.14
Campground 0.32' 156.32
Golf Driving Range 6.30 3,077.71
Movie Theater (per seat) 0.14 68.39
Multi-purpose (miniature golf, video arcades,
batting cages, etc.) 5.40 2,638.03
Health Club 2.70 1,319.02
Tennis Court 1.76 859.81
Sports Facility - outdoor stadium (acre) 50.00 24,426.26
Sports Facility - indoor arena (acre) 30.00 14,655.75
AUTOMOBILE (per thousand square feet unless otherwise noted
Car Wash
Automatic 81.00 39,570.53
Self-serve 8.00 3,908.20
Gas Station 13.95 6,814.92
With/Food Mart/Car wash (per pump)
Sales (Dealer & Repair) 4.00 1,954.10
Auto Repair Center 2.22 1,084.53
Auto Parts Sales 6.00 2,931.15
Quick Lube 4.00 1,954.10
Tire Store 2.75 1,343.45
CEMETERY (acre) 5.00 2,442.63
~.._--,_.....__.-
(g) Transportation Facilities Fees:
A person seeking to construct a residential or non-residential development
project shall pay a transportation facilities fee of $1,333.48 per peak hour trip generated
by such development project. To determine peak hour trips generated by a
development project, the City Engineer, or his/her designee, will refer first to the
schedule of peak hour trips and traffic fees for specific residential and non-residential
uses set forth below. If the specific proposed use is not identified on this schedule, the
City Engineer, or his/her designee, will refer to the San Diego Association of
Governments (SANDAG) most recent "(Not So) Brief Guide of Vehicular Traffic
Generation Rates for the San Diego Region." If the peak hour data is absent from both
of these schedules, the applicant may be required to submit a traffic study or other
factual data which demonstrates the traffic impacts of the proposed development
project, to the satisfaction of the City Engineer.
PEAK-HOUR-TRIPS AND TRANSPORTATION FACILITIES FEES
FOR SPECIFIC RESIDENTIAL AND NON-RESIDENTIAL USES
Highest AM or PM Transportation
Land Use CateQories . Peak hour trips Facilities Fees ($J
1 Peak hour trip = $1,333.48
RESIDENTIAL (per dwelling unit)
Rural Residential (average 1-2 DU acre) 1.20 1,600.19
Single Family Detached (average 3-6 DU/acre) 1.00 1,333.48
Second Residential Unit 1.00 1,333.48
Multi-family (Condominium) 0.80 1,066.79
Multi-family (Apartments) 0.54 720.08
Mobile Home (Family) 0.55 733.42
Mobile Home (Adults only) 0.30 400.05
Retirement Community 0.28 373.38
Congregate Care Facility 0.16 213.36
GOVERNMENT (per thousand square feet)
Civic Center 3.60 4,800.56
Post Office
CentrallWalk-in only 6.30 8,400.98
Community (not including mail drop lane) 18.00 24,002.79
Community (w/mail drop lane) 30.00 40,004.65
Mail drop lane only 180.00 240,027.88
Department of Motor Vehicles 18.00 24,002.79
OFFICE (per thousand square feet)
Standard Commercial Office 2.80 3,733.77
Office Park 1.56 2,080.24
--~--_.-
PEAK-HOUR-TRIPS AND TRANSPORTATION FACILITIES FEES
FOR SPECIFIC RESIDENTIAL AND NON-RESIDENTIAL USES
Highest AM or PM Transportation
Land Use CateQories Peak hour trips Facilities Fees ($j
1 Peak hour trip = $1,333.48
Single Tenant Office 2.10 2,800.33
Corporate Headquarters 1 :19 1,586.85
Medical-Dental Office 5~50 7,334.18
INDUSTRIAL (per thousand square feet)
Industrial/Business Park 1.92 2,560.29
Industrial Park (no commercial) 0.84 1,120.13
Manufacturing/Assembly 0.80 1,066.79
Warehousing 0.75 1,000.12
Storage 0.18 240.02
Science Research & Development 1.28 1,706.87
SHOPPING CENTERS (per thousand square feet)
Super Regional (>60 acres) 3.60 4,800.56
Regional (30-60 acres) 4.50 6,000.70
Community (10-30 acres) 7.00 9,334.42
Neighborhood (<10 acres) 12.00 16,001.86
COMMERCIAL SHOPS (per thousand square feet)
Specialty Retail/Strip Commercial 3.60 4,800.56
Electronics Superstore 5.00 6,667.44
Factory Outlet 3.60 4,800.56
Supermarket 15.00 20,002.32
Drugstore 9.00 12,001.40
Convenience Market (15-16 hours) 40.00 53,339.53
Convenience Market (24 hours) 63.00 84,009.75
Convenience Market (w/gasoline pumps) 59.50 79,342.55
Discount Club 5.40 7,200.83
Discount Store 4.80 6,400.74
Furniture Store 0.54 720.08
Lumber Store 2.70 3,600.42
Home Improvement Superstore 3.20 4,267.16
Hardware/Paint Store 5.40 7,200.83
Garden Nursery 4.00 5,333.96
_e___~.__'_"'_'__ --,---
,,-"'--
PEAK-HOUR-TRIPS AND TRANSPORTATION FACILITIES FEES
FOR SPECIFIC RESIDENTIAL AND NON-RESIDENTIAL USES
Highest AM or PM Transportation
Land Use CateQories Peak hour trips Facilities Fees ($}
1 Peak hour trip = $1,333.48
RESTAURANTS (per thousand square feet)
Fast Food (with drive through) 45.50 60,673.71
Fast Food (without drive through) 49.00 65,340.92
Sit Down, High Turnover 12.80 17,068.65
Sit Down, Low Turnover (quality) 8.00 10,667.90
FINANCIAL SERVICES (per thousand square feet)
Bank/Savings and Loan (walk-in only) 12.00 16,001.86
Bank/Savings and Loan (with drive-through) 20.00 26,669.76
OTHER LAND USES (per thousand square feet unless otherwise noted)
Church
(rates x 4 for Sunday or days of Assembly) 0.72 960.11
General Hospital (per bed) 1.70 2,266.93
Convalescent/Nursing (per bed) . 0.21 280.03
Bus depot 25.00 33,337.20
RECREATIONAL (per thousand square feet unless otherwise noted)
Bowling Center 3.30 4,400.51
Campground 0.32 426.72
Golf Driving Range 6.30 8,400.98
Movie Theater (per seat) 0.14 186.69
Multi-purpose (miniature golf, video arcades,
batting cages, etc.) 5.40 7,200.83
Health Club 2.70 3,600.42
Tennis Court 1.76 2,346.94
Sports Facility - outdoor stadium (acre) 50.00 66,674.41
Sports Facility - indoor arena (acre) 30.00 40,004.65
AUTOMOBILE (per thousand square feet unless otherwise noted
Car Wash
Automatic 81.00 108,012.55
Self-serve 8.00 10,667.90
Gas Station 13.95 18,602.16
With/Food MarUCar wash (per pump)
Sales (Dealer & Repair) 4.00 5,333.96
Auto Repair Center 2.22 2,960.35
Auto Parts Sales
Quick Lube 4.00 '5,333.96
Tire Store 2.75 3,667.10
-----.--- -_.~" -'----
-"~->'-'. ""~-,",--"",,,,,.--.-
PEAK-HOUR-TRIPS AND TRANSPORTATION FACILITIES FEES
FOR SPECIFIC RESIDENTIAL AND NON-RESIDENTIAL USES
Highest AM or PM Transportation
Land Use CateQories Peak hour trips Facilities Fees ($J
1 Peak hour trip = $1,333.48
CEMETERY (acre) 5.00 6,667.44
EDUCATION PUBLIC OR PRIVATE (per thousand square feet unless otherwise noted)
University - 4years (acre) 10.00 13,334.88
Junior College 2.16 2,880.34
High School 3.12 4,160.48
Middle/Junior High 3.60 4,800.56
Elementary 3.92 5,227.27
Day Care Center (per child) .0.90 1,200.14
Library 5.00 6,667.44
LODGING (per room)
Hotel (w/convention facilities/restaurant) 0.80 1,066.79
Motel 0.81 1,080.13
. Resort Hotel 0.56 746.75
Bed and Breakfast 0.28 373.38
*Land Use Categories identified in this schedule are primarily based upon "San Diego Traffic
Generators" . Other sources used include the "Institute of Transportation Engineers Trip
Generation Manual". If there is a question about the type of use, the City Engineer will refer to
this manual for additional clarification. Peak hour trips based on square feet unless otherwise
stated.
-~'--'-------' _._~
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9.e.
CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIV~N that a Public Hearing will be held by the City Council of the
City of Arroyo Grande on the following item: PROPOSED ORDINANCE REPEALING
CHAPTERS 5.04, 5.08, 5.12, 5.40, 5.48 AND 5.76 OF TITLE 5 OF THE ARROYO
GRANDE MUNICIPAL CODE "AND ADDING THERETO A NEW CHAPTER 5.02
REGARDING BUSINESS LICENSES.
APPLICANT: City of Arroyo Grande
PROPOSAL: The Council will consider a proposed Ordinance repealing
Chapters 5.04, 5.08, 5.12, 5.40, 5.48 and 5.76 of Title 5 of the
Arroyo Grande Municipal Code in their entirety and adding
thereto a new Chapter 5.02 regarding Business Licenses. if the
proposed ordinance is adopted, the Council will consider a
resolution establishing business license certificate fee amounts.
REPRESENTATIVE: Lynda Snodgrass, Director of Financial Services
Any person affected or concerned about the proposal may submit written comments to the
Office of the City Manager before the City Council hearing, or appear and be heard in
support of or opposition to the proposal at the time of the hearing.
Any person interested in the proposal can contact the Financial Services Department at 214
East Branch Street, Arroyo Grande, California, or by telephone at (805) 473-5400 during
normal business hours (8:00 a.m. to 5:00 p.m.). A copy of the proposed Ordinance 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 hearihg 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.
Date and Time of Hearing: TUESDAY, OCTOBER 28,2003 AT 7:00 P.M.
Place of Hearing: ARROYO GRANDE CITY COUNCIL CHAMBERS
215 EAST BRANCH STREET
ARROYO GRANDE, CA 93420
Kelly W tmor , Director of Administrative Services!
Deputy City Clerk
Publish 1T, Friday, October 17, 2003
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>.>.....~,---'"-,._-
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES t1.
SUBJECT: CONSIDERATION OF BUSINESS LICENSE ORDINANCE UPDATE
DATE: OCTOBER 28, 2003
RECOMMENDATION:
It is recommended that the City Council introduce for the first reading an Ordinance to
repeal Chapters 5.04, 5.08, 5.12, 5.20, 5.32, 5.40, 5.48, and 5.76 and add a new
Chapter 5.02 of the Arroyo Grande Municipal Code regarding business license
procedures and practices.
FUNDING:
A resolution establishing the Business License fees will be brought forward with the
second reading of the Ordinance. At that time, staff will recommend the general
business license fee be increased from twenty-five dollars ($25) per business and four
dollars ($4) per employee to thirty dollars ($30) and five dollars ($5) respectively. The
specifically named business license fees, i.e. hospitals, billboards, and taxicabs, will
increase in the same proportion as the standard business license fee. An estimated
increase of $10,000 in revenue will result from the modest increase in business license
fees. These recommendations were reviewed and approved by the City Council in the
budget process.
DISCUSSION:
The City's business license ordinance was last reviewed and updated in 1992 when the
current fee of twenty-five dollars ($25) per business and four dollars ($4) per employee
was established. Since that time the City's Municipal Code has been modernized and
updated. It is now recognized that the Municipal Code is intended to be the framework for
conducting City business, not a detailed road map.
Unfortunately, the 1992 adopted ordinance often states the same rules and regulations
in several places, details the administrative procedures, and establishes the specific
business license fee amounts. Recently, the Financial Services Department undertook
a comprehensive review of the business license ordinance to correct specific
deficiencies, to simplify the Code, and allow the business license fee amounts to be
established by City Council resolution. The following is a summary of the changes
incorporated in the proposed ordinance.
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CITY COUNCIL
CONSIDERATION OF BUSINESS LICENSE ORDINANCE UPDATE
OCTOBER 28, 2003
PAGE 2
. Specifies that the business license fees are imposed to raise revenue for the City's
General Fund, not to regulate businesses.
. All businesses conducting business in Arroyo Grande must procure a business
license.
. Only agencies excused by law, charitable and nonprofit organizations, and minors
under the age of 18 are exempt from obtaining a business license.
. The amount of the business license fee will be established by City Council
resolution.
. General requirements for the application, renewal and issuance of a business
license certificate.
. The confidentiality of business license records.
. The powers vested in the Financial Services Director in administering the business
license procedures.
. Delinquencies, penalties and enforcement associated with failure to comply with the
Business License Ordinance.
A number of outdated and unenforceable provisions have been deleted from the
existing ordinance. Most notable are provisions requiring vending machines and
delivery vehicles to prominently display a City issued decal or label. This year City staff
has been unable to purchase decalsllabels in the small quantities needed for Arroyo
Grande vendors and delivery persons. Other provisions in the current Code that are not
included in the proposed revision are:
. Remove from the Business License section of the Municipal Code specific rules
and regulations for conducting bingo games, auctions, and other similar activities.
. Section 5.08.110-Determining the number of employees. This section, detailing the
specific way to count the number of employees, should not be included in the
Municipal Code. This type of information is better suited to a business policy and
procedure manual in the Financial Services Department.
. Section 5.08.100 detailing how to prorate license fees is accomplished by vesting
the Financial Services Director with the power to make adjustments to the fees.
The attached proposed Ordinance simplifies the business license language, deletes
outdated provisions and redundancies, authorizes the establishment of business license
fees by resolution, and omits cumbersome administrative procedures from the Municipal
Code.
If the proposed Ordinance is introduced, it will return to the City Council for adoption at
the next regular meeting.
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CITY COUNCIL
CONSIDERATION OF BUSINESS LICENSE ORDINANCE UPDATE
OCTOBER 28, 2003
PAGE 3
It is recommended the City Council introduce the attached ordinance repealing,
amending, and adding provisions to Chapter 5 of the Arroyo Grande Municipal Code.
AL TERNA TIVES:
The following alternatives are provided for City Council consideration:
- Approve staff's recommendations by introducing the first reading of the
proposed ordinance;
- Do not approve staff's recommendations and retain the existing chapters of
the Municipal Code;
- Modify the proposed ordinance and approve;
- Provide direction to staff.
I
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ORDINANCE NO. -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE REPEALING CHAPTERS 5.04, 5.08, 5.12, 5.20, 5.32, 5.40,
5.48, 5.76 AND ADD A NEW CHAPTER 5.02 OF THE ARROYO
GRANDE MUNICIPAL CODE REGARDING BUSINESS LICENSE
PROCEDURES AND PRACTICES
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1: Chapters 5.04, 5.08, 5.12, 5.20, 5.32, 5.40,5.48, and 5.76 of Title 5 of the
. Arroyo Grande Municipal Code are hereby repealed and replaced with Chapter 5.02, 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.
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 November 2003.
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ORDINANCE
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
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EXHIBIT "A"
CHAPTER 5.02
BUSINESS LICENSE PROVISIONS
5.02.010. Purpose.
The provisions of the business license fees are enact~d solely to raise revenue
for general municipal purposes and are not intended for regulations.
5.02.020. Business License Certificates Required.
Business licenses are hereby imposed upon all businesses, professions, trades,
vocations, enterprises, establi~hments, occupations, or calling conducting business in
the City to which a business license may lawfully apply, a yearly base rate amount plus
a per employee fee, each respectively specified by City Council resolution. It shall be
unlawful for any person to transact and carry on any business, trade, vocation,
enterprise, establishment, occupation, or calling in the City not otherwise exempt
without first having procured a business license certificate from the City or complying
with all of the applicable provisions of this Chapter.
The business license certificate shall be evidence only of the fact that such
business license fee has been paid. Neither the payment of the business license fee
nor the possession of the business license certificate shall authorize, permit, or allow
the doing of any act which the person paying or holding such business license
certificate would not otherwise be entitled to do; nor shall it be construed as permission
to conduct or carry on a business at any place within the City where the conducting or
carrying on a business in such a manner as to create or maintain a nuisance.
5.02.030. Exemptions.
The following persons and organizations are exempt from the provision of this
Chapter:
A. Minors Under The Age Of 18. Businesses owned and conductsd by minors
under the age of eighteen (18) years shall be exempt from the business license fee
provisions of this Chapter where all of the following conditions exist and legal
documentation is provided to support that:
1. All persons engaged in the operation of the business are under the age
of 18 years old.
2. All persons engaged in the operation of the business have a bona fide
ownership interest in the business.
B. Charitable, Religious, And Nonprofit Organizations.
1. Organization Activities, The provisions of this Chapter shall not be
deemed or construed to require the payment of a business licenses fee to conduct,
manage, or carry on any business, occupation, or activity of any institution or
organization recognized by a tax board of the State with a "Statement of Domestic Non
Profit Organization" or the Internal Revenue Service of the United States which is
conducted wholly for the benefit of charitable, religious, or nonprofit purposes and from
which profit is not derived, either directly or indirectly, by any person.
2. Nonexempt activities. The exemption provisions of this section shall not
be construed to extend to any person, business, corporation, or organization receiving a
fee, wage, stipend, salary, remuneration, compensation, or pay for the performance of
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EXHIBIT "A"
PAGE 2
any business, occupation, or activity related to exempt organization activities,
occupation, or activity being undertaken.
C. Banks And Insurance Companies. Section 27 of Article XIII of the
Constitution of the State of California provides exemption from the business license fee
to banks, national banking associations, insurance companies, and insLlrance
associations.
D. Conflicts With Federal And State Laws Or Contractual Agreements. The
provisions of this Chapter shall not be construed to require a person to obtain a
business license certificate prior to doing business within the City if such requirement
conflicts with the applicable statues, laws, or constitution of the United States or the
State of California or other contractual obligations or franchise agreements. The
Financial Services Director may develop ad ministrativegu idelines concerning
exemptions, apportionment, and any other matters that he/she determines as necessary
for the lawful and effective implementation of this Chapter.
5.02.040. Definitions.
For the purposes of this Chapter, unless otherwise apparent from the context,
certain words and phrases used in this Chapter are defined as follows:
A. "Business" shall mean and include professions, trades, vocations, rentals,
leases, enterprises, establishments, and occupations and all and every kind of calling,
any of which is conducted for the purpose of earning in whole, or in part, a profit or
livelihood, whether or not a profit or a livelihood actually is earned thereby, whether paid
in money, goods, labor, or otherwise, and whether or not the business has a fixed place
of business in the City.
B. "Financial Services Director" shall mean the individual designated by the City
Manager to collect business license fees pursuant to the provisions of this Chapter.
C. "Employee" means all persons engaged in the operation or conduct of any
business, whether as owner, any member of the owner's family, partner, agent,
manager or solicitor, and any and all other persons employed or working in such
business whose name appears on the company payroll.
D. "Person" shall mean and include all domestic and foreign corporations,
associations, syndicates, joint-stock corporations, partnerships of every kind, clubs,
Massachusetts trust, business, and other common law trusts, societies, and individuals
transacting and carrying on any business in the City, other than an employee.
E. "Within the City" means within the corporate limits of the City as they now
exist, or may hereafter be made to exist, by subsequent exclusion or addition.
5.02.050. General Business License Fees.
Generally the business license fees shall be imposed as follows:
A. The owner or manager shall pay a yearly general business licenses base rate
established by City Council resolution; and
B. A fee for each employee, partner or other associate at a rate established by
City Council resolution.
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EXHIBIT "A"
PAGE 3
5.02.060. Specific Business License Fees.
The following specific business will be charged at a separate rate established by
City Council resolution:
A. Billboards
B. Commercial Auctions
C. Hospitals and Rest Homes
D. Motels and Hotels
D. Public Utilities
E. Taxicabs
F. Trailer Parks and Mobilehome Parks
5.02.070. Business License Certificate Applications.
Every person required to have a business license certificate pursuant to the
provisions of this Chapter shall make a written application to the Financial Services
Director and submit the following information.
A. The nature or kind of business for which the business license certificate is
requested;
B. The place where the business is to be conducted and, if the business is not to
be conducted at a permanent location, the residence address, identified as such, of the
owners of the business;
C. If the application is made for the issuan.ce of a business license certificate to
a person to do business under a .fictitious name, the names, social security numbers,
and residence addresses of the owners of the business;
D. If the application is made for the issuance of a business license certificate to
a corporation or partnership, the names, franchise license fee number, and residence
addresses of the officers or partners thereof; and
E. Any further information that the Federal or State taxing authority or the
Financial Services Director may require to enable the issuance of the business license
certificate.
5.02.080. Business License Approval Process.
A. Each business license application for a business to be conducted within a
building shall be approved by the fire, health and planning departments to ensure
conformance of with existing zoning, building, fire, health, and other public safety laws.
B. Such review shall take place before the issuance of the license and prior to
the operation of said business.
C. Community development department approval shall be granted only after
zoning and building officials have approved the license application.
5.02.090. Business License Certificate Renewals.
A. The annual business license fee shall be due and payable to the City on the
first day of January of each year and shall be delinquent (30) days thereafter.
B. No renewal of a business license certificate shall be issued until payment in
full of all delinquent business licenses fees, including accrued interest, and applicable
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EXHIBIT" A"
PAGE 4
penalties thereon are received by the City. It shall be the responsibility of the applicant
to ensure renewal of the business license certificate.
5.02.100. Nontransferable License.
No license issued pursuant to the provisions of this title shall be transferred or
assigned, nor shall such license be construed as authorizing .any person other than the
licensee to engage in the licensed business.
5.02.110. Business License Content.
All business license certificates required by the provisions of this Chapter, unless
otherwise provided in this Chapter, shall be prepared and issued by the Financial
Services Director upon payment to the City of the proper amount of business license
fees. Each business license certificate shall state upon the face thereof the following:
A. The name of the person to whom the business license certificate is issued.
B. The type of business.
C. The location or address of the business.
D. The date of the expiration of the business license certificate.
E. That the business license certificate when issued shall be the receipt for the
business license fee paid to the City.
F. That the possession of the business license certificate shall not authorize,
permit or allow the person to do any act that such person would not otherwise be
lawfully entitled to do.
5.02.120. Business License Posting And Keeping.
All business license certificates issued pursuant to the provisions of this Chapter
shall be posted and kept in the following manner:
A. Any persons transacting and carrying on business at a permanent location in
the City shall keep such business license certificate posted in a conspicuous place upon
the premises where such business is carried on.
B. Any persons transacting and carrying on business, but not operating at a
permanent location in the City, shall keep such business license certificate upon them at
all times while transacting and carrying on such business.
5.02.130. Business License Duplicates.
A duplicate business license certificate may be issued by the Financial Services
Director to replace any business license certificate previously issued pursuant to the
provisions of this Chapter, which business license certificate has been lost or destroyed,
upon the filing of a statement of such. fact and the payment of a duplicate fee set by
resolution of the City Council.
5.02.140. Branch Establishments.
A separate business license certificate shall be issued for each branch
establishment or location of business; provided, however, warehouses and distributing
plants used in connection with, and incidental to, a business charged pursuant to the
provisions of this Chapter shall not be deemed to be separate places of businesses or
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EXHIBIT "A"
PAGE 5
branch establishments; and provided further, any person conducting two (2) or more
types of businesses at the same location and under the same management, or at
different locations, but which businesses use a single set or integrated set of books and
records. may elect to pay only one business license fee, except that a fee set by
resolution of the City Council shall be paid upon issuance for each additional branch or
location.
5.02.150. Change Of Location.
No business license fee certificate issued pursuant to the provisions of this
Chapter shall be transferable; provided, however, where a business license certificate is
issued for a person to transact and carry on a business at a particular place, such
person, upon an application therefore and the payment of a fee set by resolution of the
City Council, may have the business license certificate reissued for transacting and
carrying on of such business under such business license certificate at some other
location to which it is to be moved.
5.02.160. Certification Of Records.
A. Conclusiveness Of Statements. No statement required by the provisions of
this Chapter shall be conclusive as to the matters set forth therein, nor shall the filing of
such statements preclude the City from collecting by appropriate action such sums as
are actually due and payable pursuant to the provisions of this Chapter. Such
statements and each of the several items therein contained snail be subject to
certification by the Financial Services Director, the deputies of the Financial Services
Director. or authorized employees or representatives of the City, who are hereby
authorized to examine such books and records of any certificate holder or applicant for
a business license certificate as may be necessary in their judgment to verify or
ascertain the amount of the business license fee due.
B. Record Retention. All persons subject to the provisions of this Chapter shall
keep complete records of all business transactions and shall retain such records for
examination by the Financial Services Director, the deputies of the Financial Services
Director, or authorized employees or representatives of the City, and maintain them for
a period of at least three years from the annual due date of the federal tax return.
Records, which shall be maintained for audit purposes, shall include State and Federal
payroll tax returns, schedules and records included in such returns, and any and all
work papers used to prepare such returns.
C. Examination Of Records. All business license certificate holders, applicants
for business license certificates, and persons engaged in business in the City are
hereby required to permit an examination of such books and records for the purposes
set forth in this section during regular business hours and at reasonable times.
D. Determination Of license Fee Amounts Due. If any person subject to the fee
imposed by this Chapter fails to submit information required, or if the Financial Services
Director is not satisfied with records and statements filed, the Financial Services
Director shall determine the amount of the business license fee due from such person
by means of such information as may be obtainable and shall mail a notice of the
amount so assessed by serving it personally or by depositing it in the United States
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EXHIBIT "A"
PAGE 6
Post Office at Arroyo Grande, California, postage prepaid, addressed to the person at
their last-known address.
A mistake made in stating the amount of the business license fee shall not, in
any case prevent or prejudice the Financial Services Director from collecting what is
actually due from any person or entity carrying on a trade, calling, profession, or
occupation subject to a business license under this Chapter.
5.02.170. INFORMATION CONFIDENTIAL
It shall be unlawful for the Financial Services Director or designee, or any person
having an administrative duty pursuant to the provisions of this Chapter, to make known
in any manner whatever the business affairs, operations, or other information obtained
by an investigation of the records of any person required to obtain a business license
certificate, or pay a business license fee, or any other person visited or examined in the
discharge of the official duty of the Financial Services Director except as follows:
A. Disclosure to, or the examination of records and equipment by, another City
official, employee, or agent for the collection of fees for the sole purpose of
administering or enforcing the provisions of this Chapter or collecting the business
license fee imposed by the provisions of this Chapter.
B. The disclosure of information to, or the examination of records by, Federal or
State officials, or the officials of another city or county, if the reciprocal arrangement
exists, or to a grand jury or court of law under a subpoena;
C. The disclosure of information and the results of examination or records of
particular licensees, or relating to particular licensees, to a court of law for proceedings
brought to determine the existence of the amount of any business license fee liability of
such particular licensees of the City;
D. The disclosure, after the filing of a written request to the effect, to the
licensee, or to the license licensees' successors, receivers, trustees, executors,
administrators, assignees, or gu.arantors if directly interested, of information as to items
included in the measure of any paid business license fee, any unpaid business license
fee, or any amount of business license fee required to be collected, including interest
and penalties; further provided, however, that the City Attorney shall approve each
disclosure, and the Financial Services Director or designee may refuse to make any
disclosure referred to in this subsection when, in their opinion, the public interest would
suffer thereby;
E. The disclosure of the names and business addresses of persons to whom
business license certificates have been issued and the general type and nature of their .
business;
F. The disclosure, by way of public meeting or otherwise, of such information as
may be necessary to the City Council in order to permit the City Council to be fully
advised as to the facts if a license fee payer files a claim for the refund of. business
license fees, or submits an offer of compromise with regard to a claim asserted against
them by the City for business license fees, or when acting upon any other similar
matter; and
G. The disclosure of general statistics regarding business licenses collected or
business done in the City.
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EXHIBIT "A"
PAGE 7
5.02.180. Financial Services Director Adjustment Powers.
The Financial Services Director shall have the power, for good cause shown,
and documented by the Financial Services Director as a permanent record:
A. To extend the time for filing any required sworn statement;
B. To waive any penalties which would otherwise have accrued;
C. To adjust the amount of the business license fee due;
D. To make refunds for prorations of license fees paid.
5.02.190. Debt To City.
The amount of any business license fee and penalty imposed by the provisions
of this Chapter shall be deemed a debt to the City. A suit may be brought against any
person to enforce the collection of the debt described in this Chapter in any could of
competent jurisdiction.
The conviction of any person for transacting any business without a certificate
shall not excuse or exempt such person from payment of any license due' or unpaid at
the time of such conviction and nothing herein shall prevent a criminal prosecution for
any violation of the provisions of this Chapter.
5.02.200. Delinquencies And Penalties.
For failure to pay the business license fee required by the provisions of this
Chapter prior to the delinquency date, the Financial Services Director shall add a
penalty of 10% of the business license on the first day of each month after the
delinquency thereof; provided, however, the total amount of such penalty to be added in
no event shall exceed one hundred (100%) of the amount of the business license fee
due.
5.02.210. Enforcement.
A. Duties Of The Financial Services Director And Chief Of Police. It shall be the
duty of the Financial Services Director to enforce each and all of the provisions of this
Chapter, and the Chief of Police shall render such assistance in such enforcement as
may from time to time be required by the Financial Services Director.
B. Inspections. The Financial Services Director, in the exercise of the duties
imposed by the provisions of this section, and acting through deputies of duly
authorized assistants, shall have the right to enter and examine all places of business
free of charge during normal business hours to ascertain whether the provisions of this
Chapter are being complied with.
C. Penalty For Violation. Any person who violates any provision of 5.02.020 by
transacting and carrying on any business, trade, vocation, enterprise, establishment,
occupation, or calling in the City without first having procured a business license
certificate from the City or without complying with all of the applicable provisions of this
Chapter is guilty of a misdemeanor and is subject to punishment as provided for in
Section 1.16.010 of this Municipal Code.
.
,
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EXHIBIT "A"
PAGE 8
5.02.220. Evidence Of Doing Business.
When any person, by the use of a sign, circular, card, telephone book,
newspaper, other publication, or advertising media, shall advertise, hold out, or
represent that they are in business in the City, or when any person holds an active
license or permit issued bya government agency indicating that they are conducting a
business in the City, and such person fails to deny, by a sworn statement given to the
Financial Services Director or designee, that they are not conducting a business in the
City after being requested to do so by the Financial Services Director or designee, that
these facts shall be considered prima facie evidence that such person is conducting a
business in the City.
5.02.230. Remedies Cumulative.
All remedies prescribed by the provisions of this Chapter shall be cumulative,
and the use of one or more remedies by the City shall not bar the use of any other
remedy for the purpose of enforcing the provisions of this Chapter.
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. .
MEMORANDUM
TO: CITY COUNCIL
FROM: KELLY HEFFERNON, ACTING COMMUNITY DEVELOPMENT
DIRECTOR
SUBJECT: ITEM 9.C. (DEVELOPMENT CODE AMENDMENT CASE NO. 02-001
AND VESTING TENTATIVE TRACT MAP CASE NO. 02-005 - GRACE
LANE)
DATE: OCTOBER 28, 2003
Please replace the attached City Council Meeting Minutes of May 28, 2002 as
Attachment 11 in the staff report.
.
_ "':'';'.011:
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CITY COUNCIUREDEVE::~OPMENT AGENCY MINUTES
MAY 28, 2002 A TT ACHMENT 11
PAGE 10
was important to align the. street; and suggested that it would make more sense to
extend the name of Bakeman Lane into the project. -
Council Member Dickens stated he felt the lots were too.big; the City need more
affordable workforce housing, and encouraged different planning to provi tangible
affordable housing at this location. He did not support providing second r Idential units
as affordable housing units; stated that a pocket park should be in ded within the
. project; suggested that a Homeowners Association be created t maintain a pocket
park; addressed the street name and drainage issues; support buffer efforts on the
northern edge of the project, and supported the inclusion of nguage to alert potential
homebuyers of impacts related to Soto Sports Complex.
There was further discussion regarding proposed I sizes. Mr. McHaney, applicant,
stated that 6,000-8,000 square foot lots were or' nally preferred; however, due to the
General Plan designation, he was limited to 1 00 square foot lots.
Mayor Pro Tem Runels commented th e did not favor flag lots; agreed that the lots
are a little large; and suggested that cond residential units and homes on flag lots be
sprinkled.
Mayor Lady stated he woul vor a reduction in the size of the lots.
Director Strong revie a several alternatives that included requests for a density bonus,
which would provi a commitment for affordable housing, or the applicant requesting a
ndment.
Mayor La ensured that the applicant had received sufficient feedback and direction
with re rd to the proposed project.
T re was no action taken on this item.
11.c. Consideration of Pre-application Review Case No. 02..Q03; Proposed
Subdivision of a 29.5-Acre Site Into 1.5 Residential Lots and an Open Space
Parcel; Lot 182 of Tract 1390, Located on Rodeo Drive.
Community Development Director Strong presented the staff report and responded to
questions from Council regarding the site relating to slopes, soil conditions, and
landscaping.
Mayor Lady invited comments from those in the audience who wished to be heard on
the matter.
Carlo Alfono, representing James Land Partnership, stated the applicant would be
amenable to raised foundations on steep lots; however, most of the other lots were flat.
He also stated that the soil was suitable for compaction.
. "'.o_:..&'
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.
CITY COUNCIUREDEVEL..'-'PMENT AGENCY MINUTES
MAY 28, 2002
PAGE 11
Hearing no further comments, Mayor Lady brought the item back to Council for
consideration.
Council Member Dickens stated the biggest asset for the City's gain is the proposed
Grace Lane extension. Director Strong respoflded to questions regarding the street
design.
. Council Member Dickens expressed concerns with regard to soil erosion. He requested
a minimum use of retaining walls; supported the requirement that ope!1 space be
privately maintained; and inquired whether second residential units would be included in
the project.
Council Member Ferrara referred to the. opportunities for open space areas and
recreation facilities in Planned Developments and asked if there had been any thought
to providing recreation facilities in the development. Director Strong replied that no
active use was planned and that the collection of in-lieu fees would go toward
improvement of Rancho Grande Park. Council Member Ferrara favored some trail
enhancements to use as a pass-through to the park.
Council Member Lubin expressed concern with the configuration of the driveways,
specifically with regard to vehicles backing up .into Grace Lane. Discussion ensued with
regard to the alternatives for driveway design.
Mayor Lady ensured that the applicant had received sufficient feedback and direction
with regard to the proposed project. .
There was no action taken on this item.
12. CITY COUNCIL REPORTS
a. MAYOR MICHAEL LADY
(1) South San Luis Obispo County Sanitation District (SSLOCSD).
\ Reported that there were $10.8 million in reserves; City of Pismo Beach is
not pursuing annexation with the District and is pursuing other avenues; the
Budget process is underway; and the Plant continues to run well.
(2) Other. Attended County Mayors luncheon in Pismo Beach on May 10th;
walked down the new Promenade (Boardwalk connecting Pismo Beach and
Grover Beach), and received presentation from host (Pismo) regarding
major projects in their City.
b. MAYOR PRO TEM THOMAS A. RUNELS
(1) Zone 3 Advisory Board. Council Member Dickens attended as the
. Alternate and on behalf of Mayor Pro Tem Runels, he reported that the
Board had received a presentation on the water treatment plant upgrade;
. ... " ~..c
-. ---"'----,",--
..
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA SNODGRASS, FINANCIAL SERVICES DIRECTOR ~
SUBJECT: OCTOBER 28, 2003 CITY COUNCIL AGENDA, ITEM 9.e.
PROPOSED BUSINESS LICENSE ORDINANCE
DATE: OCTOBER 28, 2003
Attached you will find an amended Ordinance for Item 9.e. regarding Business
Licenses. The additional language has been highlighted on Paqe 3 of Exhibit A of the
Ordinance, which adds "Contractors" as a specific business that will be charged at a
separate rate established by City Council. This category was inadvertantly left out of
the Ordinance; however, a specific business license rate for contractors is listed in the
proposed Resolution that will be presented for the Council's consideration at its meeting
of November 11, 2003.
c: City Manager
City Attorney
-..---.-.- -~-
EXHIBIT" A"
CHAPTER 5.02
BUSINESS LICENSE PROVISIONS
5.02.010. Purpose.
The provisions of the business license fees are enacted solely to raise revenue
for general municipal purposes and are not intended for regulations.
5.02.020. Business License Certificates Required.
Business licenses are hereby imposed upon all businesses, professions, trades,
vocations, enterprises, establishments, occupations, or calling conducting business in
the City to which a business license may lawfully apply, a yearly base rate amount plus
a per employee fee, each respectively specified by City Council resolution. It shall be
unlawful for any person to transact and carry on any business, trade, vocation,
enterprise, establishment, occupation, or calling in the City. not otherwise exempt
without first having procured a business license certificate from the City or complying
with all of the applicable provisions of this Chapter.
The business license certificate shall be evidence only of the fact that such
business license fee has been paid. Neither the payment of the business license fee
nor the possession of the business license certificate shall authorize, permit, or allow
the doing of any act which the person paying or holding such business license
certificate would not otherwise be entitled to do; nor shall it be construed as permission
to conduct or carry on a business at any place within the City where the conducting or
carrying on a business in such a manner as to create or maintain a nuisance.
5.02.030. Exemptions.
The following persons and organizations are exempt from the provision of this
Chapter:
A. Minors Under The Age Of 18. Businesses owned and conducted by minors
under the age of eighteen (18) years shall be exempt from the business license fee
provisions of this Chapter where all of the following conditions exist and legal
documentation is provided to support that:
1. All persons engaged in the operation of the business are under the age
of 18 years old.
2. All persons engaged in the operation of the business have a bona fide
ownership interest in the business.
B. Charitable,. Religious, And Nonprofit Organizations.
1. Organization Activities. The provisions of this Chapter shall not be
deemed or construed to require the payment of a business licenses fee to conduct,
manage, or carry on any business, occupation, or activity of any institution or
organization recognized by a tax board of the State with a "Statement of Domestic Non
Profit Organization" or the Internal Revenue Service of the United States which is
conducted wholly for the benefit of charitable, religious, or nonprofit purposes and from
which profit is not derived, either directly or indirectly, by any person.
2. Nonexempt activities. The exemption provisions of this section shall not
be construed to extend to any person, business, corporation, or organization receiving a
fee, wage, stipend, salary, remuneration, compensation, or pay for the performance of
---- ---_.~...----
---------
EXHIBIT U A"
PAGE 2
any business, occupation, or activity related to exempt organization activities,
occupation, or activity being undertaken.
C. Banks And Insurance Companies. Section 27 of Article XIII of the
Constitution of the State of California provides exemption from the business license fee
to banks, national banking associations, insurance companies, . and insurance
associations.
D. Conflicts With Federal And State Laws Or Contractual Agreements. The
provisions of this Chapter shall not be construed to require a person to obtain a
business license certificate prior to doing business within the City if such requirement
conflicts with the applicable statues, laws, or constitution of the United States or the
State of California or other contractual obligations or franchise agreements. The
Financial Services Director . may develop administrative guidelines concerning
exemptions, apportionment, and any other matters that he/she determines as necessary
for the lawful and effective implementation of this Chapter.
5.02.040. Definitions.
For the purposes of this Chapter, unless otherwise apparent from the context,
certain words and phrases used in this Chapter are defined as follows:
A. "Business" shall mean and include professions, trades, vocations, rentals,
leases, enterprises, establishments, and occupations and all and every kind of calling,
any of which is conducted for the purpose of earning in whole, or in part, a profit or
livelihood, whether or not a profit or a livelihood actually is earned thereby, whether paid
in money, goods, labor, or otherwise, and whether or not the business has a fixed place
of business in the City.
B. "Financial Services Director" shall mean the individual designated by the City
Manager to collect business license fees pursuant to the provisions of this Chapter.
C. "Employee" means all persons engaged in the operation or conduct of any
business, whether as owner, any member of the owner's family, partner, agent,
manager or solicitor, and any and all other persons employed or working in such
business whose name appears on the company payroll.
D. "Person" shall mean and include all domestic and foreign corporations,
associations, syndicates, joint-stock corporations, partnerships of every kind, clubs,
Massachusetts trust, business, and other common law trusts, societies, and individuals
transacting and carrying on any business in the City, other than an employee.
E. 'Within the City" means within the corporate limits of the City as they now
exist, or may hereafter be made to exist, by subsequent exclusion or addition.
5.02.050. General Business License Fees.
Generally the business license fees shall be imposed as follows:
A. The oWner or manager shall pay a yearly general business licenses base rate
established by City Council resolution; and
B. A fee for each employee, partner or other associate at a rate established by
City Council resolution.
ORDINANCE NO. -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE REPEALING CHAPTERS 5.04, 5.08, 5.12, 5.20, 5.32, 5.40,
5.48, 5.76 AND ADD A NEW CHAPTER 5.02 OF THE ARROYO
GRANDE MUNICIPAL CODE REGARDING BUSINESS LICENSE
PROCEDURES AND PRACTICES
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1: Chapters 5.04, 5.08, 5.12, 5.20, 5.32, 5.40,5.48, and 5.76 of Title 5 of the
Arroyo Grande Municipal Code are hereby repealed and replaced with Chapter 5.02, 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.
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 November 2003.
-,---...--.-"----,-... -----
ORDINANCE
PAGE 2
TONYM.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
-'-----"-.--
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EXHIBIT "A"
PAGE 3
5.02.060. Specific Business License Fees.
The following specific business will be charged at a separate rate established by
City Council resolution:
A. Billboards
B. Commercial Auctions
C. Hospitals and Rest Homes
D. Motels and Hotels
D. Public Utilities
E. Taxicabs
F. Trailer Parks and Mobilehome Parks
G .,iQ9iifC~qt..Q.tj
5.02.070. Business License Certificate Applications.
Every person required to have a business license certificate pursuant to the
provisions of this Chapter shall make a written application to the Financial Services
Director and submit the following information.
A. The nature or kind of business for which the business license certificate is
requested;
. B. The place where the business is to be conducted and, if the business is not to
be conducted at a permanent location, the residence address, identified as such, of the
owners of the business;
. C. If the application is made for the issuance of a business license certificate to
a person to do business under a fictitious name, the names, .social security numbers,
and residence addresses of the owners of the business;
D. If the application is made for the issuance of a business license certificate to
a corporation or partnership, the names, franchise license fee number, and residence
addresses of the officers or partners thereof; and
E. Any further information that the Federal or State taxing authority or the
Financial Services Director may require to enable the issuance of the business license
certificate.
5.02.080. Business License Approval Process.
A. Each business license application for a business to be conducted within a
building shall be approved by the fire, health and planning departments to ensure
conformance of with existing zoning, building, fire, health, and other public safety laws. -
B. Such review shall take place before the issuance of the license and prior to
the operation of said business.
C. Community development department approval shall be granted only after
zoning and building officials have approved the license application.
5.02.090. Business License Certificate Renewals.
A. The annual business license fee shall be due and payable to the City on the
first day of January of each year and shall be delinquent (30) days thereafter.
B. No renewal of a business license certificate shall be issued until payment in
full of all delinquent business licenses fees, including accrued interest, and applicable
.---------------------- ---
c_..........,""_....."'"_.,_,."'"~~
EXHIBIT "A"
PAGE 4
penalties thereon are received by the City. It shall be the responsibility of the applicant
to ensure renewal of the business license certificate.
5.02.100. Nontransferable License.
No license issued pursuant to the provisions of this title shall be transferred or
assigned, nor shall such license be construed as authorizing any person other than the
licensee to engage in the licensed business.
5.02.110. Business License Content.
All business license certificates required by the provisions of this Chapter, unless
otherwise provided in this Chapter, shall be prepared and issued by the Financial
Services Director upon payment to the City of the proper amount of business license I
fees. Each business license certificate shall state upon the face thereof the following:
A. The name of the person to whom the business license certificate is issued.
B. The type of business.
C. The location or address of the business.
D. The date of the expiration of the business license certificate.
E. That the business license certificate when issued shall be the receipt for the
business license fee paid to the City.
F. That the possession of the business license certificate shall not authorize,
permit or allow the person to do any act that such person would not otherwise be
lawfully entitled to do.
5.02.120. Business License Posting And Keeping.
All business license certificates issued pursuant to the provisions of this Chapter
shall be posted and kept in the following manner:
A. Any persons transacting and carrying on business at a permanent location in
the City shall keep such business license certificate posted in a conspicuous place upon
the premises where such business is carried on.
B. Any persons transacting and carrying on business, but not operating at a
permanent location in the City, shall keep such business license certificate upon them at
all times while transacting and carrying on such business.
5.02.130. Business License Duplicates.
A duplicate business license certificate may be issued by the Financial Services
Director to replace any business license certificate previously issued pursuant to the
provisions of this Chapter, which business license certificate has been lost or destroyed,
upon the filing of a statement of such fact and the payment of a duplicate fee set by
resolution of the City Council.
-
5.02.140. Branch Establishments.
A separate business license certificate shall be issued for each branch
establishment or location of business; provided, however, warehouses and distributing
plants used in connection with, and incidental to, a business charged pursuant to the
provisions of this Chapter shall not be deemed to be separate places of businesses or
EXHIBIT "A"
PAGE 4
penalties thereon are received by the City. It shall be the responsibility of the applicant
to ensure renewal of the business license certificate.
5.02.100. Nontransferable License.
No license issued pursuant to the provisions of this title shall be transferred or
assigned, nor shall such license be construed as authorizing any person other than the
licensee to engage in the licensed business.
5.02.110. Business License Content.
All business license certificates required by the provisions of this Chapter, unless
otherwise provided in this Chapter, shall be prepared and issued by the Financial
Services Director upon payment to the City of the proper amount of business license
fees. Each business license certificate shall state upon the face thereof the following:
A. The name of the person to whom the business license certificate is issued.
B. The type of business.
C. The location or address of the business.
D. The date of the expiration of the business license certificate.
E. That the business license certificate when issued shall be the receipt for the
business license fee paid to the City.
F. That the possession of the business license certificate shall not authorize,
permit or allow the person to do any act that such person would not otherwise be
lawfully entitled to do.
5.02.120. Business License Posting And Keeping.
All business license certificates issued pursuant to the provisions of this Chapter
shall be posted and kept in the following manner:
A. Any persons transacting and carrying on business at a permanent location in
the City shall keep such business license certificate posted in a conspicuous place upon
the premises where such business is carried on.
B. Any persons transacting and carrying on business, but not operating at a
permanent location in the City, shall keep such business license certificate upon them at
all times while transacting and carrying on such business.
5.02.130. Business License Duplicates.
A duplicate business license certificate may be issued by the Financial Services
Director to replace any business license certificate previously issued pursuant to the
provisions of this Chapter, which business license certificate has been lost or destroyed,
upon the filing of a statement of such fact and the payment of a duplicate fee set by
resolution of the City Council.
5.02.140. Branch Establishments.
A separate business license certificate shall be issued for each branch
establishment or location of business; provided, however, warehouses and distributing
plants used in connection with, and incidental to, a business charged pursuant to the
provisions of this Chapter shall not be deemed to be separate places of businesses or
.-- ------
EXHIBIT" A"
PAGE 5
branch establishments; and provided further, any person conducting two (2) or more
types of businesses at the same location and under the same management, or at
different locations, but which businesses use a single set or integrated set of books and
records, may elect to pay only one business license fee, except that a fee set by
resolution of the City Council shall be paid upon issuance for each additional branch or
location.
5.02.150. Change Of Location.
No business license fee certificate issued pursuant to the provisions of this
Chapter shall be transferable; provided, however, where a business license certificate is
issued for a person to transact and carry on a business at a particular place, such
person, upon an application therefore and the payment of a fee set by resolution of the
City Council, may have the business license certificate reissued for transacting and
carrying on of such business under such business license certificate at some other
location to which it is to be moved.
5.02.160. Certification Of Records.
A. Conclusiveness Of Statements. No statement required by the provisions of
this Chapter shall be conclusive as to the matters set forth therein, nor shall the filing of
such statements preclude the City from collecting by appropriate action such sums as
are actually due and payable pursuant to the provisions of this Chapter. Such
statements and each of the several items therein contained shall be subject to
certification by the Financial Services Director, the deputies of the Financial Services
Director, or authorized employees or representatives of the City, who are hereby
authorized to examine such books and records of any certificate holder or applicant for
a business license certificate as may be necessary in their judgment to verify or
ascertain the amount of the business license fee due.
B. Record Retention. All persons subject to the provisions of this Chapter shall
keep complete records of all business transactions and shall retain such records for
examination by the Financial Services Director, the deputies of the Financial Services
Director, or authorized employees or representatives of the City, and maintain them for
a period of at least three years from the annual due date of the federal tax return.
Records, which shall be maintained for audit purposes, shall include State and Federal
payroll tax returns, schedules and records included in such returns, and any and all
work papers used to prepare such returns.
C. Examination Of Records. All business license certificate holders, applicants
for business license certificates, and persons engaged in business in the City are
hereby required to permit an examination of such books and records for the purposes
set forth in this section during regular business hours and at reasonable times.
D. Determination Of License Fee Amounts Due. If any person subject to the fee
imposed by this Chapter fails to submit information required, or if the Financial Services
Director is not satisfied with records and statements filed, the Financial Services
Director shall determine the amount of the business license fee due from such person
by means of such information as may be obtainable and shall mail a notice of the
amount so assessed by serving it personally or by depositing it in the United States
"-.-.--.-.- -----
" ^.._-"~-,,--,,
EXHIBIT U A"
PAGE 6
Post Office at Arroyo Grande, California, postage prepaid, addressed to the person at
their last-known address.
A mistake made in stating the amount of the business license fee shall not, in
any case prevent or prejudice the Financial Services Director from collecting what is
actually due from any person or entity carrying on a trade, calling, profession, or
occupation subject to a business license under this Chapter.
5.02.170. INFORMATION CONFIDENTIAL
It shall be unlawful for the Financial Services Director or designee, or any person
having an administrative duty pursuant to the provisions of this Chapter, to make known
in any manner whatever the business affairs, operations, or other information obtained
by an investigation of the records of any person required to obtain a business license
certificate, or pay a business license fee, or any other person visited or examined in the
discharge of the official duty of the Financial Services Director except as follows:
A. Disclosure to, or the examination of records and equipment by, another City
official, employee, or agent for the collection of fees for the sole purpose of
administering or enforcing the provisions of this Chapter or collecting the business
license fee imposed by the provisions of this Chapter.
B. The disclosure of information to, or the examination of records by, Federal or
State officials, or the officials of another city or county, if the reciprocal arrangement
exists, or to a grand jury or court of law under a subpoena;
C. The disclosure of information and the results of examination or records of
particular licensees, or relating to particular licensees, to a court of law for proceedings
brought to determine the existence of the amount of any business license fee liability of
such particular licensees of the City;
D. The disclosure, after the filing of a written request to the effect, to the
licensee, or to the license licensees' successors, receivers, trustees, executors,
administrators, assignees, or guarantors if directly interested, of information as to items
included in the measure of any paid business license fee, any unpaid business license
fee, or any amount of business license fee required to be collected, including interest
and penalties; further provided, however, that the City Attorney shall approve each
disclosure, and the Financial Services Director or designee may refuse to make any
disclosure referred to in this subsection when, in their opinion, the public interest would
suffer thereby;
E. The disclosure of the names and business addresses of persons to whom
business license certificates have been issued and the general type and nature of their
business;
F. The disclosure, by way of public meeting or otherwise, of such information as
may be necessary to the City Council in order to permit the City Council to be fully
advised as to the facts if a license fee payer files a claim for the refund of business
license fees, or submits an offer of compromise with regard to a claim asserted against
them by the City for business license fees, or when acting upon any other similar
matter; and
G. The disclosure of general statistics regarding business licenses collected or
business done in the City.
--
-~.""^ <,....'..._"..M..'.""_...""""......._____
EXHIBIT "A"
PAGE 8
5.02.220. Evidence Of Doing Business.
When any person, by the use of a sign, circular, card, telephone book,
newspaper, other publication, or advertising media, shall advertise, hold out, or
represent that they are in business in the City, or when any person holds an active
license or permit issued by a government agency indicating that they are conducting a
business in the City, and such person fails to deny, by a sworn statement given to the
Financial Services Director or designee, that they are not conducting a business in the
City after being requested to do so by the Financial Services Director or designee, that
these facts shall be considered prima facie evidence that such person is conducting a
business in the City.
5.02.230. Remedies Cumulative.
All remedies prescribed by the provisions of this Chapter shall be cumulative,
and the use of one or more remedies by the City shall not bar the use of any other
remedy for the purpose of enforcing the provisions of this Chapter.
~-"~"
MEMORANDUM
TO: CITY COUNCIL
FROM: ~ %.KELL Y HEFFERNON, ACTING COMMUNITY DEVELOPMENT
DIRECTOR
BY: KRISTIN KRASNOVE, PLANNING INTERN
SUBJECT: OCTOBER 28, 2003 CITY COUNCIL AGENDA, ITEM 9.a.
APPEAL - VIEWSHED REVIEW CASE 03-004
DATE: OCTOBER 28, 2003
Attached you will find the Resolution to the staff report in Item 9.a. which was
inadvertently left out of the Council Agenda packet.
In addition, you will find a copy of correspondence regarding the project which was
received after the Agenda was distributed.
c: City Manager
City Attorney
_..__.__.._.._-~--
~~'''''.'-.'~'-
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING THE APPEAL OF THE
PLANNING COMMISSION'S DENIAL, LOCATED AT 195
NORTH ELM, APPLIED FOR BY STEVE ACCORNERO
WHEREAS, after holding a duly noticed public hearing, and considering all evidence, the
Planning Commission of the City of Arroyo Grande denied Viewshed Review 03-004 on
September 2, 2003 in accordance with the Municipal Code of the City of Arroyo Grande;
and
WHEREAS, the Planning Commission's denial of Viewshed Review 03-004 was
appealed to the City Council of the City of Arroyo Grande; and
WHEREAS, the City Council considered the above project at a duly noticed public
hearing on October 28, 2003 in accordance with the Municipal Code of the City of Arroyo
Grande; and
WHEREAS, the City Council finds that the proposed project is consistent with the City's
General Plan, Development Code, and categorical exemption under the provisions of the
California Environmental Quality Act (CEQA); and
WHEREAS, the City Council finds, after due study, deliberation and public hearing and
considered all evidence presented the following circumstances exist:
Required Findings:
Viewshed Review Findings:
1. The proposed structure is not consistent with the established scale and character
of the neighborhood and will unreasonably affect views of surrounding
properties;
2. The proposed structure will unreasonably and unnecessarily interfere with the
scenic view from other property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby denies the appeal of the Planning Commission's denial of Viewshed
Review 03-004, based on the above findings.
-- - ~._----~._- . ---'"-'---
RESOLUTION NO.
PAGE 2 of3
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 28th day of October, 2003.
- ~'------'-'-'-- -~--'-~
-......--.... ....._..~---
RESOLUTION NO.
PAGE 3 of3
TONY M. FERRARA, MAYOR
ATTEST:
KELL Y 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
. . AGHS RECORDS 4735516 p.2
Oct 23 03 11:37a
13.a.
San Luis Obispo County Flood Control and Water Conservation District
Zone 1 & ItA Advisory Committee
October 8, 2003
Mr. John Wallace, District Administrator
South San Luis Obispo County Sanitation District
4115 Broad Street, Suite B-5
San Luis Obispo CA 93401
Subject: Request for Financial Assistance;
Funding of a Sedimentation Analysis and Alternatives Study for Arroyo Grande
Creek and Los Berros Creek Flood Control Channels
Dear Mr. Wallace:
The purpose ofthis letter is to inform you of efforts currently underway in Zone IlIA Arroyo Grande and
Los Berros Creeks Flood Control Districts, and to seek your financial assistance to fund a much needed
study. You have a stake in the channel and the flood protection it provides. Given the diminished
capacity of the channel due to sediment accumulation, detennination of an effective channel maintenance
strategy is critical and wi]] result in a higher level of protection for the waste-water treatment plant.
The Zone IlIA Flood Control District Advisory Committee is seeking additional funds to complete an
Alternatives Study of the lower Arroyo Grande Creek channel and a Sediment and Erosion Control
Analysis of the watershed below Lopez Dam. The scope of our study and analysis is presented below.
We are asking that you consider funding a portion ofthe study as a partner. The cost of the study, as
proposed, is $343,000, with partial funding commitments trom Central Coast Salmon Enhancement and
the Coastal San Luis Resource Conservation District. We are still in need of$177,000. However, there is
urgency to our request. We must have the studies underway within the next 3-4 months, to complete the
study before July 2004.
During a 10-20 year storm event in March 2001, the lower Arroyo Grande Creek levee breached on the
south side, flooding a residence and several hundred acres of farmland. A flood channel that was designed
and built 45 years ago in a manner that requires annual sediment removal is now untenable in today's
regulatory environment and need for species protection.
In 2002. the County proposed funding an Alternatives Analysis study addressing this maintenance
dilemma and a consultant was selected to perform the study. However, action by the SLO County Board
of Supervisors on Aprill, 2003, initiated the relinquishment of the Arroyo Grande Flood Control Channel
to the California Department of Water Resources. The allocated funding for the study was withdrawn and
diverted to other flood control priorities. The Advisory Committee and local stakeholders are working to
insure that this study is completed.
Currently, the study objectives are as listed below. We feel these will adequately address the risk to your
operations if a levee breach occurs on the north side. Ifnot, please share your suggestions for making this
a better study.
,
-------------
October 23,2003 R~C:iJM:f.jf)
t~!Tv or" RROYO C"" I'D....
v I .'.,. 1(\ r, '; Jt.
03 OCT 27 PH 4= 16
City Council of the City of Arroyo Grande
215 E. Branch Street
Arroyo Grande, Ca 93420
File/Index No: Viewshed Review 03-004
We strongly object to this expansion due to the fact that it will completely obliterate the
view from our house and porch of the Oceano Dunes. It will greatly diminish the value
of our property and the pleasure that we take in the view of those Dunes. We feel that a
better use of the property would be extending their residence into the front unit and
making it a single family dwelling.
Very truly yours,
.~'Jfr""
Timothy R. Yager
~p~~
Helen Patricia Yager
213 N. Elm St.
Arroyo Grande
473-1915
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. . AGHS RECORDS 4735516 p.2
Oct 23 03 11:37a
13.a.
San Luis Obispo County Flood Control and Water Conservation District
Zone 1 & ItA Advisory Committee
October 8, 2003
Mr. John Wallace, District Administrator
South San Luis Obispo County Sanitation District
4115 Broad Street, Suite B-5
San Luis Obispo CA 93401
Subject: Request for Financial Assistance;
Funding of a Sedimentation Analysis and Alternatives Study for Arroyo Grande
Creek and Los Berros Creek Flood Control Channels
Dear Mr. Wallace:
The purpose of this letter is to inform you of efforts currently underway in Zone IlIA Arroyo Grande and
Los Berros Creeks Flood Control Districts, and to seek your financial assistance to fund a much needed
study. You have a stake in the channel and the flood protection it provides. Given the diminished
capacity of the channel due to sediment accumulation., detennination of an effective channel maintenance
strategy is critical and will result in a higher level of protection for the waste-water treatment plant.
The Zone 1/IA Flood Control District Advisory Committee is seeking additional funds to complete an
Alternatives Study of the lower Arroyo GTande Creek channel and a Sediment and Erosion Control
Analysis of the watershed below Lopez Dam. The scope of our study and analysis is presented below.
We are asking that you consider funding a portion of the study as a partner. The cost of the study, as
proposed, is $343,000, with partial funding commitments trom Central Coast Salmon Enhancement and
the Coastal San Luis Resource Conservation District. Weare still in need of $177,000. However, there is
urgency to our request. We must have the studies underway within the next 3-4 months, to complete the
study before July 2004.
During a 10-20 year stonn event in March 2001, the lower Arroyo Grande Creek levee breached on the
south side, flooding a residence and several hundred acres of farmland. A flood channel that was designed
and built 45 years ago in a manner that requires annual sediment removal is now untenable in today's
regulatory environment and need for species protection.
In 2002, the County proposed funding an Alternatives Analysis study addressing this maintenance
dilemma and a consultant was selected to perform the study. However, action by the SLO County Board
of Supervisors on April!, 2003, initiated the relinquishment of the Arroyo Grande Flood Control Channel
to the California Department of Water Resources. The allocated funding for the study was withdrawn and
diverted to other flood control priorities. The Advisory Committee and local stakeholders are working to
insure that this study is completed.
Currently, the study objectives are as listed below. We feel these will adequately address the risk to your
operations if a levee breach occurs on the north side. [fnot, please share your suggestions for making this
a better study.
I
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Oct 23 03 11:37a AGHS RECORDS 4735516 p.3
. Determine and evaluate the viability of a long tenn maintenance program for the existing flood
control channel system.
. Detennine and evaluate alternatives to provide flood management for the Cienega Valley area that
is served by the existing flood control channel system.
. Prepare conceptual level environmental evaluation of potential issues associated with each flood
control alternative.
. Prepare a legal evaluation of liabilities, responsibilities, and options associated with maintaining
the existing channels, abandoning the existing channel, and other viable alternatives.
. Prepare budget estimates and costlbenefit analyses of viable alternatives based on health and
safety, environmental, community perspective and land use considerations. Provide budget
estimates and conceptual funding approach options for viable alternatives. Prepare an
implementation schedule for each feasible alternative.
. Incorporate the evaluations, alternatives analysis, estimates, schedule, and funding options into a
complete study document for program implementation.
. Summarize and describe current conditions; review, evaluate & summarize available hydrologic
and hydraulic infonnation of the Meadow Creek watershed.
. Identify and quantify erosion sources and sediment transport within the Arroyo Grande Creek
watershed ~low Lopez Dam, including Tally Ro, Tar Springs, Los Berros, and Meadow Creeks
and other tributaries.
. Formulate a plan to address present and future erosion and sediment impacts, and to enhance
aquatic and riparian habitat within the watershed.
Because of the critical service you provide to your customers, we believe it is in your best interest to
insure that this study is completed and an appropriate channel maintenance plan be developed. We hope
you agree and are able to assist us financially in this critical study.
Thank you for your consideration of this request and welcome any input you have. Please contact
Stephanie Wald (805/473-8221), if you have questions regarding this request.
....
Mark Over uin, Chair, Flood Control Zone 1/1 A Advisory Committee
enc1: Zone 1/1 A Flood Control District Information
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Oct 23 03 11:37a .AGHS RECORDS 4735516 p.4
Zone 1/tA Flood Control District
History
The Arroyo Grande Creek Flood Control Project was completed in 1961, a joint effort of the
AIroyo Grande Valley Soil and Water Conservation District (now the Coastal San Luis Resource
Conservation District [CSLRCD]), the San Luis Obispo County Flood Control and Water
Conservation District and the USDA-Soil Conservation Service (now the Natural Resources
Conservation Service [NRCS]), to address flooding of the farmland in lower Arroyo Grande
Valley. The levee system extends along the lower 3 miles of Arroyo Grande Creek and includes
the lower portion of Los Berros Creek. The system also catches runoff from Meadow Creek
drainage. The total area of the combined watershed below Lopez Dam is approximately 56,000
acres or 90 square miles.
Maintenance of the channel has been the responsibility of the San Luis Obispo County Flood
Control and Water Conservation District, administered through SLO County Public Works
Department. It is funded by assessment oflandowners in the zones of benefit of the levee
system. Flood Control Zone 1/1A was created to oversee the operation and maintenance
agreement signed with the USDA-NRCS in 1959. This agreement requires the County to
maintain the channel's original design capacity. Adherence to this agreement has been
increasingly difficult due to the environmental regulations enacted decades after the channel's
construction, and the increased cost of maintenance activities.
Sediment from upstream sources has been building up to critical levels, particularly in the lower
reach of the channel, ttom the 22nd Street bridge to Guiton's crossing. A study performed by the
US Army Corps of Engineers in 2001 determined that overall channel capacity has been reduced
from lOO-year capacity to a 2-5 year capacity.
Current Events
This flood control zone has been at a particular disadvantage due to the absence of a standing
public advisory committee for a period of more than 20 years. During that time the County
operated Flood Control Zone IlIA without the benefit of public input. In March 2001. the levee
was breached. flooding residences and several hundred acres of farmland. In response, the
Advisory Committee was reinstated through the efforts of District Supervisor "Katcho"
Achadjian, Zone IlIA landowners and CSL RCD. Two things became very apparent to the
Advisory Coinmittee: 1) The Zone's financial reserves were depleted and revenues insufficient
for needed maintenance; and, 2) A study identifying alternatives to the existing maintenance
program was urgently needed.
To address the maintenance dilemma, an Alternatives Study for the Arroyo Grande Flood
Control Channel was proposed for funding by the County in 2002 and a consultant was selected
to perform the study. However. on Aprill, 2003, SLO County Board of Supervisors, without
public input, acted to relinquish of the Arroyo Grande Flood Control Channel maintenance and
responsibility to the California Department of Water Resources (DWR). The funding alJocated
for the study was withdrawn and diverted to other flood control priorities.
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.
The importance of funding and completing the Alternatives Study cannot be overstated. Unless
a viable alternative to the current maintenance agreement is identified, the Department of Water
Resources will use the existing agreement as the basis for assessing the landowners within Zone
1/1 A for total capacity restoration maintenance. The Advisory Committee fears that the cost of
the assessment, as determined by DWR, will force current landowners and the agriculture
industry out of the lower Arroyo Grande Valley. Stein Buer, Division of Flood Management
Chief at D~ has stated that it will likely take millions of dollars to remove sediment and
vegetation from the existing channel and to carry out the mitigation such maintenance would
inflict. Obtaining funding to perform the Alternatives Study is a primary goal of the Advisory
Committee.
An Ad Hoc Committee has been convened to facilitate this task. It is working diligently on this
matter because the Department of Water Resources is scheduled to begin the relinquishment
process in July 2004. Identification of an alternative maintenance plan for the Arroyo Grande
Channel must begin very soon in order to meet that deadline.
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