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Agenda Packet 2004-03-23 CITY COUNCIL Ctt! of AGENDA ArrOlo Grancle Tony M. Ferrara Mayor Sandy Lubin Mayor Pro Tem Steven Adams City Manager Thomas A. Runels Council Member Timothy J. Carmel City Attorney Jim Dickens Council Member Kelly Wetmore Director, Administrative Services Joe Costello Council Member AGENDA SUMMARY CITY COUNCIL TUESDAY, MARCH 23, 2004 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: AMERICAN LEGION POST NO, 136 4, INVOCATION: JEAN BOWSER, BAHAI FAITH 5, SPECIAL PRESENTATIONS: 5.a. Mavor's Commendation Recoanizina Khatchik "Katcho" Achadiian. County SUDervisor - District 4 for Contribution Received for the Villaae Streetliaht "Let There Be Liahts" Proaram 5.b. Honorarv Proclamation Recoanizina ADril 2004 as the "Month of the Child" 6, AGENDA REVIEW: 6.a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. - --------_..-.------- AGENDA SUMMARY - MARCH 23, 2004 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 Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action.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. 8.a. Cash Disbursement Ratification (SNODGRASS) Recommended Action: Approve the listings of cash disbursements for the period March 1, 2004 - March 15, 2004. 8.b. Consideration of Cash Flow Analysis/ADDroval of Interfund Advance from the Water Facility Fund (SNODGRASS) Recommended Action: Receive and file the February 2004 cash report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds at February 29,2004. 8.c. Consideration of ADDroval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Special City Council Meeting and Regular City Council/Redevelopment Agency Meeting of March 9, 2004 as submitted. 8.d. Reiection of Claim Aaainst City - L. Byrd (WETMORE) Recommended Action: Reject claim. -~ .---.-- AGENDA SUMMARY - MARCH 23, 2004 PAGE 3 8, CONSENT AGENDA (continued): 8.e. Consideration of Reauest to Refund ADDlication Fee for Drive- Thru Girl Scout Cookie Sale in the Parkina Lot at 1200 E, Grand Avenue (STRONG) Recommended Action: Approve the request from the Girl Scouts of Tres Condados to refund the application fee for TUP 04-004. 8.1. Consideration of an Award of Contract to Senna Tree ComDanv for Relocation of a Coastal Live Oak Tree for the Reservoir No, 1 ReDlacement Proiect. PW 2003-07 (SPAGNOLO) Recommended Action: 1) Award a construction contract for the relocation of a Coastal Live Oak Tree located at the site of the Reservoir No. 1 Replacement Project to Senna Company in the amount of $14,200.00; 2) Authorize the City Manager to approve change orders not to exceed the contingency of $1,420.00 for use only if needed for unanticipated costs during the construction phase of the project; and, 3) Direct staff to issue the ~otice of Award and Notice to Proceed with other necessary contract documents. 8.g. Consideration of a Reauest for Contract Relief bv SLO Plumbina and an Award of Contract to Mid State Plumblna for Phase I of the Water Co"nservatlon Proaram (SPAGNOLO) Recommended Action: 1) Approve a request for contract relief by SLO Plumbing; 2) Award a contract for Phase I of the Water Conservation Program to Mid State Plumbing in the amount of $348,665.00; 3) Appropriate an additional $73,150.00 from the Water Neutralization Impact Fund; and 4) Direct staff to issue the Notice of Award and Notice to Proceed with other necessary contract documents. 8.h. Consideration to ADDroDriate Additional Funds for Desian Service Contract on the Fire Station EXDansion Prolect. PW 2003-05 (SPAGNOLO) Recommended Action: Appropriate $13,000 from the Fire Facilities fund for reimbursable and construction administration expenses incurred by the project architect, RRM Design Group. 8.L Consideration of Authorization of City Manaaer to ADDrove and Execute Necessarv Documents Related to Affordable Houslna Unit at 266 AsDen Street Consistent with the Current Deed Restrictions (ADAMS)' Recommended Action: Authorize the City Manager to approve and' execute additional documents determined to be necessary, modifications to existing documents, and to take other necessary actions related to the affordable housing unit at 266 Aspen Street consistent with the terms and conditions of the current deed restrictions. ---'- -~----'-'---'-~"-~-"--' - --'---" ^------ AGENDA SUMMARY - MARCH 23, 2004 PAGE 4 9, PUBLIC HEARINGS: 9.a. Consideration of General Plan Amendment Case 03-003 (Aaricultural Resources) (STRONG) Recommended Action: Adopt Resolution approving General Plan Amendment 03- 003 amending the Agricultural, Conservation and Open Space Element to revise language in Objective Ag1 relating to conversion of prime agriculture land; Policy Ag3-11 relating to farm worker housing; and policies and implementation measures for Ag1-3, Ag3-5, and Ag3-6 for language relating to agricultural conservation easement programs. 10, CONTINUED BUSINESS: None. 11, NEW BUSINESS: 11.a. Consideration of Pre-ADDlication Review Case No, 04-004: ProDosed Residential Subdivision and Neiahborhood Plan: East Cherry Avenue and Mvrtle Street: ADDlicant - Damien Mavis. Creekside Estates of Arrovo Grande. LLC (HEFFERN ON) Recommended Action: Review the project and provide direction and comments to the applicant. 12, CITY COUNCIL REPORTS: This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR TONY 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 (IWMA) (4) Other (b) MAYOR PRO TEM SANDY LUBIN: (1) South County Area Transit (SCAT) (2) Economic Vitality Corporation (EVC) (3) Other (c) COUNCIL MEMBER THOMAS A, RUNELS: (1) Zone 3 Water Advisory Board (2) County Water Resources Advisory Committee (WRAC) (3) Other - ----~--- AGENDA SUMMARY - MARCH 23, 2004 PAGE 5 12. CITY COUNCIL REPORTS (continued): (d) COUNCIL MEMBER JIM DICKENS: (1) South County Youth Coalition (2) Other (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) Request of Council to Appeal Plot Plan Review Case No. 04-002; Applicant - Tried and True Tattoo; Location -1037 E. Grand Avenue. (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 - MARCH 23, 2004 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 was prepared and posted pursuant to Government Code Section 54954.2. www,arrovoarande,ora -- ------ CffY OF 5.8. ~or' 5 COt1\\11ef\datiOf\ ~,.~teci to cKhC1tck\k. ,,~tckO" NkC1d.j\C11\ Cou1\t'l. Su~\SOf · '.D\Str\ct 4 '1n. cQ!.coQn.\t\on. of ""fouf Gen.efoUS con.tf\but\On. g;~f tf\e C\)\llC1Qe Stfeetl\Qf\t ,,~ '(?5f\efe q}e ~f\ts" <)?fOQfC1tt\. '1)4wi tI\\S '}!.'" cI41. of ~cI\, 2004. ~ ot\1. 9'<:.. g:eff4f/l, g(gOf ----~ I OF 5.b. ~LlFOR~ - ~ HON Y PROCLAMATION REC N NG APRIL 2004 AS "MONTH OF THE CHILD" WHEREAS, Saturday, April 10, 2004, will commemorate the 26th annual "Day of the Child" celebration during Children's Day in the San Luis Obispo Mission Plaza. A day where children and families interact with the agencies and programs providing services throughout the County; and WHEREAS, the week of the child is a time to recognize that children's opportunities are our responsibilities, and to recommit ourselves to ensuring that each and every child experiences the type of early environment - at home, at child care, at school and in the community - that will promote their early leaming; and WHEREAS, in San Luis Obispo County, there are approximately 24,500 children under 13 years of age who have working parents and need quality care; and WHEREAS, in San Luis Obispo County, there are approximately 8,270 licensedchildcare spaces: and WHEREAS, quality child care is no longer a fringe benefit but a necessity for working parents to be productive and happy employees. Local employers need to be champions in supporting the many challenges facing these working parents and families; and WHEREAS, quality youth programs are essential for older children during the "out of school" hours, whether or not their parents work outside of the home; and WHEREAS, the City of Arroyo Grande recognizes that every moment in a child's life is an opportunity for that child to leam, and that the early years may detennine whether a child succeeds in school and in life, and that all children need at least one caring and loving adult in their lives; and that quality "out of school" programs are also essential for the older child; and WHEREAS, the activities of this month will provide an opportunity to acknowledge quality youth and early care and , .. education programs, their dedicated staff, and to applaud their efforts to improve the quality, availability, and accessibility of such programs; and WHEREAS, the San Luis Obispo Child Care Planning Council, the Children's Services Networks Community Partnership Committee and the EOqChild Care Resource Connection work cooperatively to coordinate the events and activities of the Day and Month of the Child; and WHEREAS, all citizens are encouraged to develop the assets in children and to do what they can at work, at home, and within the community to assure all children, youth, and families have the opportunity and support to thrive and to help young people make positive choices to avoid high risk behaviors. May we remember to listen to and watch the children around us and remember to have patience and allow them to enjoy the joumey of childhood. 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 proclaim April 2004 as "MONTH OF THE CHILD" which represents "CHILDREN'S OPPORTUNITIES - OUR RESPONSIBILITIES", and April 10, 2004 as "DAY OF THE CHILD". IN WITNESS WHEREOF. I have hereunto set my hand and caused the Seal of the City of Arroyo Grande to be affixed this 23rd day of March, 2004. TONY M. FERRARA, MAYOR 8.a. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ff! BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR 1 SUBJECT: CASH DISBURSEMENT RA TIFICA TION DATE: MARCH 23, 2004 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period March 1 - March 15, 2004. FUNDING: There is a $581,056.78 fiscal impact. 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CD ~ ~ 0 "t:J 0 0 .. <0 _ N U CD U') (1)- .c <0 .- II) .\I: U V -0 e ~ .e_ II ~ T'"" (,)C") m T'"" >0 ATTACHHEH'i' 4 ZOOY-o-S- CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 02113/04 - 02126/04 03/05/04 FUND 010 319,803.27 Salaries Full time 168,417.94 FUND 220 16,039.35 Salaries Part-Time - PPT 26,665.69 FUND 284 909.97 Salaries Part-Time - TPT 5,751.43 FUND 612 5,427.58 Salaries OverTime 12,003.54 FUND 640 13,224.84 Salaries Standby 396.69 355,405.01 Holiday Pay 19,991.54 Sick Pay 6,649.74 Annual Leave Buyback - Vacation Buyback - Sick Leave Buyback - Vacation Pay 4,779.74 Comp Pay 6,464.90 Annual Leave Pay 2,521.12 PERS Retirement 38,460.18 Social Security 18,405.32 PARS Retirement 289.44 State Disability Ins. 1,151.85 Deferred Compensation 700.00 Health Insurance 35,746.39 Dental Insurance 4,324.47 Vision Insurance 975.03 Life Insurance 735.00 Long Term Disability - Uniform Allowance - Car Allowance 875.00 Council Expense - Employee Assistance - Boot Allowance - Motor Pay 100.00 - 355,405.01 - - --- -~_..~-_.._- "I"" c: 00 CD(D 00 ('I) 0 0 Of') ..... ~ ~C! ~~ ~C! ~ ~ ~ ~~ o 00 00 00 CO V 0 Nil) e COCO V"" 00 CO ('I) CO It) II) < ....."1"" ....."1"" "'-:~ ..... ..... 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'<:I" r- (0 GO ~ ('.\ 0 '<:I" 1.0 (0 (0 ~ '0 '<:I" ~ ~ ~ co :E c 0 ~ 0 0 ~ 0 ~ 0 0 0 0 0 0 < 0 0 0 0 0 0 co $\ ~ ~ q- q- q- q- C"') ~ (\) 0 0 0 0 0 ~ ~ 0 0 0 0 ('.\ <"I ('.\ en $:I to - N N N N N o ('.\ ~ T""" T""" T""" ~ ~ -- C;; (-=; (t) (-=; C;; (-=; . CD 0 '0 (I') ~ 0 0 ~\ ~ 0 T""" <"I ...N c,) ! <"I (I') (I') (I') (I') C') .f! N X- c,) ~ ~ ~ t- t- t- '<:I" q- ~ - ~ c ::s ~ J:.- T""" ~ ~ ~ ~ CJC") to ~ T""" ~ T""" T""" T""" ~ >0 Gl a.b. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. S~ODGRASS. DIRECTOR OF FINANCIAL SERVICES ~ SUBJECT: CONSIDERATION OF ACCEPTANCE OF CASH FLOW ANALYSIS AND APPROVAL OF INTERFUND ADVANCES FROM THE WATER AND WATER FACILITY FUNDS DATE: MARCH 23, 2004 RECOMMENDATION: It is recommended the City Council: . Accept the February 2004 cash report, . Approve the interfund advance of $1,530,101 from the Water and the Water Facility Funds to cover cash deficits in other funds as of February 29, 2004. 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 report; - Do not approve staff recommendation and decline the report; - Modify as appropriate and approve staff's recommendation; - Provide direction to staff. Attachment: A - Cash Balancellnterfund Advance Report .._-~---------- ATTACHMENT A CITY OF ARROYO GRANDE CASH BALANCE / INTERFUND ADVANCE REPORT At February 29,2004 Balance at Recommended Revised Fund 02/29/04 Advances Balance 010 General Fund 2,420,475 2,420,475 210 Fire Protection Impact Fees 198,566 198,566 212 Police Protection Impact Fees 55,568 55,568 213 Park Development 595,199 595,199 214 Park Improvement 150,318 150,318 215 Recreation Community Center 11,117 11,117 217 Landscape Maintenance 33,044 33,044 220 Street (Gas Tax) Fund 52,423 52,423 221 Traffic Congestion Relief 43,116 43,116 222 Traffic Signalization 568,360 568,360 223 Traffic Circulation 466,412 466,412 224 Transportation Facility Impact 2,085,205 2,085,205 225 Transportation (50,539) 50,539 0 226 Water Neutralization Impact 788,382 788,382 230 Construction Tax 105,450 105,450 231 Drainage Facility 47,000 47,000 232 In-Lieu Affordable Housing 962,088 962,088 241 Lopez Facility Fund 1,120,492 1,120,492 250 CDBG Fund (4,211) 4,211 0 271 State COPS Block Grant Fund 35,628 35,628 272 Calif. Law Enf. Technology Grant (7,259) 7,259 0 279 00-01 Fed Local Law Enforcement Grant 67 67 284 Redevelopment Agency (6,786) 6,786 0 285 Redevelopment Set Aside 149,091 149,091 350 Capital Projects (1,461,306) 1,461,306 0 470 Fire Station Bond-Debt Service 46,283 46,283 612 Sewer Fund 25,499 25,499 634 Sewer Facility 177,174 177,174 640 Water Fund 3,023,474 (216,598) 2,806,876 641 Lopez 153,945 153,945 642 Water Facility 1,313,503 (1,313,503) 0 751 Downtown Parking 26,341 26,341 760 Sanitation District Fund 74,662 74,662 Total City Wide Cash 13,198,781 0 13,198,781 THE ABOVE LISTING ARE THE CASH BALANCES SHOWN IN THE GENERAL LEDGER OF THE CITY OF ARROYO GRANDE AS OF FEBRUARY 29, 2004 ~,",A ,r;9,..'l~-~ da K. Snodgr Director of Financial Services -....-.------ ~ "-~- ..'-,--- 8.e. MEMORANDUM TO: CITY COUNCIL ~ FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~ . BY: ANDREA KOCH, PLANNING INTERN a \(. SUBJECT: CONSIDERATION OF REQUEST TO REFUND APPLICATION FEE FOR DRIVE-THRU GIRL SCOUT COOKIE SALE IN THE PARKING LOT AT 1200 E. GRAND AVENUE DATE: MARCH 23, 2004 RECOMMENDATION: . It is recommended the City Council approve the request from the Girl Scouts of Tres Condados to refund the application fee for Temporary Use Permit 04-004. FUNDING: A fee refund will cost the City $110.00. DISCUSSION: Temporary Use Permit 04-004 was issued to the Girl Scouts of Tres Condados to hold a drive-thru cookie sale in the parking lot at 1200 E. Grand Avenue on Sunday, March 7th and Sunday, March 14th from 10:00 am to 4:00 pm. Vicki Feilzer, volunteer service manager for and representative of the Girl Scouts of Tres Gondados, has requested a refund for the full amount of the Temporary Use Permit application fee, $110.00. (Attachment 1) Staff has reviewed the request and found that the drive-thru cookie sale meets the criteria for a fee waiver adopted by the City Council on September 25, 2001. AL TERNA TIVES: The following altematives are presented for the Council's consideration: - Refund the fee; - Do not refund the fee; or - Provide direction to staff Attachments: 1. Letter from Vicki Feilzer requesting a fee refund S:\COMMUNITY _DEVELoPMENnPROJECTS\TUP\04-004\CC_RPT.doc Feb,20,2004 Dear AG City Council, I would like to request a fee waiver for the $110 temporary use permit application fee incurred when the Girl Scouts ofTres Condados (GSTC) applied to use an AG parking lot for a Cookie Booth, The GSTC is a volunteer based program currently serving 241 girls in the Five Cities Area. Our GS Cookie Sale is the primary source of income for the 23 local troops where girls grow strong, The $110 fee would devastate our chance to provide quality program to the girls since our profit margarine is 75 cents per box, . Thank you for your support, u..JL- 59t- Vicki Feilzer . Volunteer Service Manager . a.c. MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, MARCH 9, 2004 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, Dickens, Lubin and Costello, Parks, Recreation and Facilities Director Hernandez, Human Resources Manager Sisko, City Manager Adams, and City Attorney Carmel were present. 2. PUBLIC COMMENT: None. 3. CITY COUNCIL CLOSED SESSION: a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54956: Agency Negotiators: Daniel Hernandez and Karen Sisko Represented Employees: Arroyo Grande Police Officers' Association (AGPOA) b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (b): one (1) potential case. 4. RECONVENE TO OPEN SESSION: Mayor Ferrara announced that there was no reportable action from the closed session. 5. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING: The meeting was adjourned at 7:20 p.m. Tony M. Ferrara, Mayor ATTEST: Kelly Wetmore, Director of Administrative Servicesl Deputy City Clerk MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, MARCH 9, 2004 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, Dickens, Lubin and Costello, Parks, Recreation and Facilities Director Hernandez, Human Resources Manager Sisko, City Manager Adams, and City Attorney Carmel were present. 2. PUBLIC COMMENT: None. 3. CITY COUNCIL CLOSED SESSION: a, CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54956: Agency Negotiators: Daniel Hernandez and Karen Sisko Represented Employees: Arroyo Grande Police Officers' Association (AGPOA) b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (b): one (1) potential case. 4, RECONVENE TO OPEN SESSION: Mayor Ferrara announced that there was no reportable action from the closed session. 5. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING: The meeting was adjourn-ed at 7:20 p.m. Tony M. Ferrara, Mayor .' . ATTEST: Kelly Wetmore, Director of Administrative Servicesl Deputy City Clerk MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, MARCH 9, 2004 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1, CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council/Redevelopment Agency meeting to order at 7:20 p.m. 2, ROLL CALL City Council: Council Members Runels, Dickens, Costello, Mayor Pro Tem Lubin, and Mayor Ferrara were present. RDA: Board Members Runels, Dickens, Costello, Vice Chair Lubin, and Chair Ferrara were present. City Staff Present: City Manager Adams, City Attomey Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Community Development Director Strong, and Associate Planner Kelly Heffernon. 3, FLAG SALUTE Members of Su Ro Li Sta, Camp Fire Club led the Flag Salute. 4,INVOCATION Pastor Robert Banker, Open Door Church, Oceano delivered the invocation. 5, SPECIAL PRESENT ATI.ONS 5,a, Proclamation Recognizing March 18,2004 as Absolutely Incredible Kid Day, Mayor Ferrara presented an Honorary Proclamation recognizing March 18, 2004 as Absolutely Incredible Kid Day. Member of the Su Ro Li Sta Camp Fire Club accepted the Proclamation. 5,b, Proclamation Recognizing March as American Red Cross Month, . Mayor Ferrara presented an Honorary Proclamation recognizing March 2004 as American Red Cross Month. Ben Hall, representing the American Red Cross, accepted the Proclamation. 6, AGENDA REVIEW 6,a, Resolutions and Ordinances Read in Title Only Mayor Pro Tem Lubin moved, Council Member Costello 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. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 9, 2004 PAGE 2 8, CONSENT AGENDA Mayor Pro Tern Lubin requested that Item 8.d. be pulled for a separate roll-call vote. Council Member Runels requested that Item 8.g. be pulled for questions. Mayor Pro Tern Lubin moved, and Council Member Dickens seconded the motion to approve Consent Agenda Items 8.a. through 8.1., with the exception of Item 8.d., with the recommended courses of action. The motion carried unanimously on the following roll-call vote: AYES: Lubin, Dickens, Runels, Costello, and Ferrara NOES: None ABSENT: None 8,a, Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period February 16, 2004 through February 29, 2004. 8,b, Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of February 29, 2004. 8,c, Consideration of Approval of Minutes, Action: Approved the minutes of the Special and Regular City Council Meetings of February 24, 2004 as submitted. 8,e, Consideration to Approve Final Parcel Map AG 99-177; Subdividing One (1) Parcel into Two Residential Parcels Located at 1254 Poplar Street. Action: Approved Final Parcel Map AG 99-177, subdividing 0.50 acres into two (2) residential lots, each approximately 10,000 square feet. 8,f, Consideration of Appointment to Senior Advisory Commission, Action: Approved the appointment of Ross Kongable to the Senior Advisory Commission as recommended by Mayor Ferrara. 8,g, Consideration of Resolution Accepting Negotiated Exchange of Property Tax Revenue and Tax Increment for Annexation No, 29 to the City of Arroyo Grande (St, John's Church), Los Berros and Valley Roads, Recommended' Action: Adopt a Resolution accepting negotiated exchange of property tax revenue and annual tax increment between the County of San Luis Obispo and the City of Arroyo Grande. In response to a question by Council Member Runels regarding Item 8.g., Community Development Director Strong clarified that a portion of the Los Berros creek channel east of Valley Road to the boundary of the Church would be included in the proposed annexation; however, there would be no City responsibility for maintenance of the creek. Council Member Runels moved to adopt Resolution No. 3737 as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF ARROYO GRANDE, Council Member Dickens seconded, and the motion carried on the following roll-call vote: --------- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 9, 2004 PAGE 3 AYES: Runels, Dickens, Lubin,Costello, and Ferrara NOES: None ABSENT: None Mayor Pro Tern Lubin declared a conflict of interest on Item B.d. due to real property ownership near the project and stepped down from the dais. 8,d, Consideration of Acceptance of the Rancho Grande Park Improvements, Project No, PW 2002-03. Recommended Action: 1) Accept the improvements constructed by Herrera Engineering, Inc. in accordance with the plans and specifications for the Rancho Grande Park Project; 2) Direct staff to file a Notice of Completion; and, 3) Authorize release of the unencumbered portion of the final progress payment and 10% retention, thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed. Council.Member Runels moved to approve staff's recommendations for Item B.d., Council Member Dickens seconded, and the motion carried on the following roll-call vote: AYES: Runels, Dickens, Costello, and Ferrara NOES: None ABSENT: Lubin Mayor Pro Tern Lubin returned to the dais. 9, PUBLIC HEARINGS: 9,a, Consideration of Appeal of Planning Commission Denial of Condition No, 43, Tract No, 2275 Regarding Underground Utilities; James Dotson, Applicant, Community Development Director Strong presented the staff report and recommended the Council adopt a Resolution denying the appeal and upholding the action of the Planning Commission to require certain overhead utilities be placed underground for Tract Map 2275. Director Strong responded to questions from the Council regarding the basis for the appeal, whether the applicant accepted the condition in the original Tract Map approval, and technical questions regarding undergrounding of the poles. Mayor Ferrara opened the public hearing. Jim. Dotson, applicant/appellant, explained why he was not present at the Planning Commission hearing; stated that he would be willing to remove one of the two poles, leaving the utility pole that presently supplies service to the Wildwood Ranch community; explained that the price charged to remove this pole was too costly; and requested the Council consider waiving the requirement to remove said utility pole. He referred to a letter and accompanying photos from Nikolai Alexandrov, resident of Wildwood Ranch, (on file in the Administrative Services Department) which stated that the power lines and poles do ,not spoil the view he has from his property. -----.-'.-- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 9, 2004 PAGE 4 Georae Roach, representing Wildwood Ranch Homeowners Association (HOA), spoke in opposition to the requested waiver and the applicant's new proposal to remove only one pole. He requested the Council uphold the original requirement and reject the appeal. Don Parker, Plata Road, stated unless there were some technical reason for undergrounding the utilities, that the poles were not particularly noticeable and that the City should not require the applicant to remove them. Ron Olson, Platino Lane, supported the applicant's request and stated he did not understand why the applicant was required to remove the poles. Upon hearing no further public cOmments, Mayor Ferrara closed the pu.blic hearing. Council questions and discussion ensued regarding the City's policy for undergrounding utilities; clarification regarding the location of the two poles to be removed; and concerns regarding the cost provided by PG&E to remove both poles. There was a suggestion to direct staff to send a letter to PG&E to inquire if anything could be done to reduce the applicant's cost to underground the pole that serves the existing Wildwood Ranch development. City Manager Adams explained that staff was currently working on the establishment of an Underground Utility In-Lieu Fee policy for future consideration by the Council; however, he stated that he did not think the proposed policy would apply to this project. Upon request by a member of the audience, Mayor Ferrara reopened the Public Hearing. Georae Roach, representing Wildwood Ranch HOA, reiterated its opposition to allow the existing power lines to remain above ground at Tract 2275 and urged the Council to require the power lines be placed underground as was original~y approved. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Following further discussion, Mayor Pro Tem Dickens moved to adopt a Resolution as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING THE APPEAL AND UPHOLDING THE . ACTION OF THE PLANNING COMMISSION TO REQUIRE CERTAIN OVERHEAD UTILITIES BE PLACED UNDERGROUND FOR TRACT MAP 2275, LOCATED AT 801 HUASNA ROAD, APPLIED FOR BY JAMES DOTSON. Council Member Costello seconded the motion, and on the following roll-call vote: AYES: Dickens, Costello, Ferrara NOES: Runels, Lubin ABSENT: None There being 3 AYES and 2 NOES, the motion is hereby declared to be passed. 10, CONTINUED BUSINESS: 10,a, Consideration of Status Report on the Courtland-Arroyo Grande, L.P, Senior Affordable Housing Project, [COUNCIURDA] CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 9, 2004 PAGE 5 City Manager/RDA Executive Director Adams presented a status report on the Courtland- Arroyo Grande, L.P. Senior Affordable Housing Project. Mayor Pro TemNice Chair Lubin commented that the original project had been approved in March 2002, and a significant amount of funds from the City's Affordable Housing In-Lieu Fee fund had been committed to the project. He commented that although he continued to support the project, he expressed concerns about the progress of the project and. requested that staff keep the Council apprised regarding the issuance of the bonds and the status of the developer's financial commitments. He thanked staff for the status report. Mayor Ferrara acknowledged that the financial aspects of the project have been very complex; however, all the stakeholders associated with the project have done their best to bring to fruition an affordable senior housing project to meet the City's needs. The report was received and filed. 11, NEW BUSINESS: 11,a, Consideration of Pre-Application Review Case No, 04-003; Proposed Mixed-Use Planned Unit Development on the Former Loomis Property Consisting of the Two (2) Existing Residences, the Loomis Feed Warehouse, a New Office Building and Twelve (12) Duplex Residential Lots; 415 East Branch Street, DB&M Property, LLC, Associate Planner Heffemon presented the staff report and requested the Council review the project and provide direction and comments to the applicant. In response to a question by Mayor Ferrara, Associate Planner Heffernon provided clarification on the road abandonment issue relating to a portion of Le Point Street. Council Member Dickens inquired whether the revised project design would include a parkway/pedestrian access formerly referred to in the previous design as Tally Ho Creek Park. Associate Planner Heffernon stated that the applicant no longer has access to the property immediately adjoining the creek; however, there are opportunities within the project for providing an open space area near the residential portion of the project. Joe Boud, Joseph Boud and Assodates, gave a brief overview of the project and spoke of site constraints including floodway setbacks, utility easements, the steep topography along Crown Terrace, and the retention of the historic resources. He also commented on the residential and commercial components, circulation and access through the project, and addressed the partial abandonment of Le Point Street. Council Member Dickens commented that the previous project included more commercial and office use than- residential and this proposal has substantially more residential than commercial and office use. He inquired where the focus should be for the Village Core. Staff responded that there is no General Plan policy related to what specific mixed uses should be considered. He stated there was flexibility for determinations on a case-by-case basis. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 9, 2004 PAGE 6 In response to concerns expressed relating to the partial abandonment of Le Point Street, Director Spagnolo explained that the City would like to retain the easement, which includes a 70-foot right-of-way, from Highway 227 to Tally Ho Road. He indicated that there could be a partial abandonment of up to 10 feet of the right-of-way. Council Member Dickens referred to the Pacific Coast Railroad right-of-way and stated it was considered an historic element and asked what efforts have been made to preserve the existing rail bed. Director Strong stated that the alignment of the utility easement and driveway coincide with the railway alignment and that a design treatment could be added identifying this historic element. Council Member Runels commented that the project would enhance the area more than anything he has seen proposed to date and that the project pre$erves the historical structures on the site. He supported retaining the right-of-way for future roadway; and supported the residential and commercial components. He supported the proposed project concept. Council Member Costello commented that the proposed project comes a long way in resolving some of the issues on the site, such as preserving the historic structures; he favored preserving the existing right-of-way; favored the concept of controlling the traffic flow with a gate within the project; liked the multiple level buildings situated against the hillside; favored one large commercial building; favored the concept of more residential, however, he expressed concern with a 420 square foot residential unit as being too small; and he does not favor locating a driveway between the warehouse and house. Overall, he expressed support for the proposed project concept. Mayor Pro Tem Lubin supported retaining the right-of-way and did not oppose reducing it to a 60-foot width; liked the increase in the residential component and sees it as in-fill; stated he was not opposed to the small units as they are defined as "studios"; favored the design concept that blends with the historical units; supported the shared parking concept; expressed some concem with access through the project and proposed traffic patterns; liked the idea of the creek side improvements that would be maintained by a Homeowners Association; and stated he was very impressed with the proposed project concept. Mayor Ferrara favored retaining the existing right-of-way and would support a 60-foot right- of-way; he would like to see some improvement on the circulation plan through the development; acknowledged the easement and the need to be cognizant of potential future use; acknowledged the Pacific Coast Railway and that it needs to be recognized with an identification marker; supported the 12,000 square foot commercial building with a tiered effect; acknowledged the preservation of the historic structures; favored promoting additional residential opportunities near or close to the Village Core; commented that this was a pedestrian friendly project and that most of the commercial use would front on E. Branch Street. He further encouraged rehabilitation of the historic buildings to encourage commercial occupancy. Upon conclusion of Council comments, Mayor Ferrara ensured that the applicant had received sufficient feedback and direction with regard to the proposed project. There was no action taken on this item. _._-......._~--,.._"_.._.- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 9, 2004 PAGE 7 12, CITY COUNCIL MEMBER ITEMS: None. 13, CITY MANAGER ITEMS None. 14, COUNCIL COMMUNICATIONS In response to a request from Council Member Dickens, Director Strong provided a status update on proposed County Tract 1798 and reported that staff would be providing written comments in response to the draft Environmental Impact Report regarding potential drainage, grading, and circulation impacts. Council Member Dickens requested that staff provide copies of the letter to the Council. 15, STAFF COMMUNICATIONS City Manager Adams announced that future public workshops would be held as follows: City Hall Complex Feasibility Study and Needs Assessment Workshop, March 25th, 6:30 p.m. in the Council Chambers, 215 E. Branch Street; and a workshop on potential future land uses in the City's Sphere of Influence, March 30th, 6:30 p.m. at the City of Arroyo Grande and Woman's Club Community Center, 211 Vernon Street. 16, COMMUNITY COMMENTS AND SUGGESTIONS Steve Ross, Arroyo Grande, commented that he had attended a meeting regarding the County Tract located by Vista del Mar and commented on issues relating to the EI Campo Road access off of Route 101. 17, ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 9:40 p.m. Tony M, Ferrara, Mayor/Chair ATTEST: Kelly Wetmore, Director of Administrative Services/ Deputy City Clerk/Agency Secretary (Approved at CC Meeting ) 8.d. MEMORANDUM TO: CITY COUNCIL FROM: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES J SUBJECT: REJECTION OF CLAIM AGAINST CITY - L. BYRD ~ DATE: MARCH 23, 2004 RECOMMENDATION: It is recommended the City Council reject the claim for damages against the City filed by Mr. Lynn Byrd. FUNDING: None. DISCUSSION: The City's insurance administrators have reviewed the claim of Mr. Byrd and recommend it be rejected. Attachments: 1. Status Report 2. Rejection Letter - ---_._._-_.__._--~ REGflVEO CITY OF ARROYO CRANOE 04 MAR I 6 P~1 4: 0 I Next Report Due: April 16, 2004 STATUS REPORT #2 March 16, 2004 City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93420 ATTN: Steven Adams, City Manager RE: Our Principal: City of Arroyo Grande Date of Loss: October 12,2003 Claimant: Lynn Byrd Our File No.: A142806PT Dear Mr. Adams: PREVIEW: The claimant alleges to have tripped on gravel on a city sidewalk trom an adjacent construction site. REPLY REQUEST: I recommend that this claim be rejected. If you concur, please send a Standard Rejection Letter to: Lynn Byrd % Don Ernst Esq. P. O. Box 1327 San Luis Obispo, CA 93406 Please send a copy of said rejection to the undersigned for the completion of my file. STATUS: This claim has been tendered to the contractor's carrier since the city is an additional insured on their policy. Furthermore the contract requires that Papich Construction defend and indemnify the city. Preliminarily I have been advised that the tender will likely be accepted. CARL WARREN & CO. An Employee-Owned Company CLAIMS MANAGEMENT - CLAIMS ADJUSTERS PO BOX 1052 - SAN LUIS OBISPO, CA 93406-1052 PHONE: (805) 544-7963 - FAX: (805) 544-1068 City of Arroyo Grande Steven Adams March 16, 2004 Page Two (S 142806) COMMENT: I shall now place my file on diary to April 16, 2004 awaiting receipt of the Standard Rejection Letter. Very truly yours, CARL WARREN & Co. Pat Tumbarello, AlC, CPCU Cc CWC Orange Attention: Dwight Kunz -2- Carl Warren & Co. ~~o/ P.O. Box SSG ~8J~ 214 East Bnnch Street Arroyo Grande, CA 93411 ADMINISTRATIVE SERVICES, Phone: (80S) 473-5414 FAX: (80S) 473-0_ E-Man:agclty@arroyogrande.orl March 24, 2004 Mr. Lynn Byrd , c/o Ernst,and Mattison,.A.Law Corporation 1020 Palm Street, P.O. Box 1327 San Luis ObispoCA 93406 , ' REJECTION OF CLAIM PRESENTED WITHIN SIX MONTHS , . , Notice is hereby given that the claim you presented to the City Council of the City of Arroyo Grande, received by Certified Mail on January 2, 2004, was rejected by the CityCouncii on March 23, 2004. . WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the 'United States mail to file a Court Action in a Municipal ora Superior Court. of the State . of California on this claim (See Government Code Section 945.6). This time limitation applies only to causes of action arising under California law for which a claim is mandated by the California Government Tort Claims Act. . .. . .,.0. Government Code Sections 900 et. seq.. Other causes of action, including those arising underfederallaw, may have different time limitations for filing. YO,u may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. . Kelly Wetmore Director of Administrative Services c: City Manager City Attorney Director of Public Works Carl Warren & Co. "' ^"",.......'~,' .. 8.f. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKSICITY ENGINEER ~ SUBJECT: CONSIDERATION OF AN AWARD OF CONTRACT TO SENNA TREE COMPANY FOR RELOCATION OF A COASTAL LIVE OAK TREE FOR THE RESERVOIR NO, 1 REPLACEMENT PROJECT, PW 2003-07 DATE: MARCH 23, 2004 RECOMMENDATION: It is recommended the Council: A. award a construction contract for the relocation of a coastal live oak tree located at the site of the Reservoir No. 1 Replacement Project to Senna Tree Company in the amount of $14,200.00; B. authorize the City Manager to approve change prders not to exceed the contingency of $1,420.00 for use only if needed for unanticipated costs during the construction phase of the project (total construction costs =. $14,200.00 + $1,420.00 = $15,620.00); and C. direct staff to issue the Notice of Award and Notice to Proceed with other necessary contract documents. FUNDING: The FY 2003/04 Capital Improvement Program budget includes $2,129,450 for the Reservoir No. 1 Replacement Project and is funded by the Water Fund and Water Facilities Fund. DISCUSSION: On January 13, 2004, the City Council adopted a Negative Declaration with Mitigation Measures for the Reservoir No. 1 Replacement Project. As part of the mitigation measures, the City Council directed staff to solicit bids for the relocation of a single coastal live oak tree prior to the Reservoir No. 1 Replacement Project. CITY COUNCIL CONSIDERATION OF AN AWARD OF CONTRACT TO SENNA TREE COMPANY FOR RELOCATION OF A COASTAL LIVE OAK TREE FOR THE RESERVOIR NO, 1 REPLACEMENT PROJECT, PW 2003-07 MARCH 23, 2004 PAGE 2 Staff performed a search of tree relocation contractors and issued a request for proposals to two firms that were determined to be qualified based on their past experiences in similar tree relocation projects. On March 3, 2004, one bid was received from the Senna Tree Company in the amount of $14,200. The tree relocation scope of work involves the following: . Contractor prunes and sprays the tree with insecticides, then performs excavation around the perimeter of the tree to expose the root ball. The Contractor constructs a "sidebox" (essentially the vertical wooden "box" walls around the root ball of the tree) and maintains the tree in that condition for 90 days for the tree to adapt. . Following the 90-day adaptation period, the contractor excavates beneath the tree and builds the bottom of the box. The tree is then transported to its temporary location at the northwest corner of the project site. The tree remains above ground within the box for the entire Reservoir No. 1 Replacement Project. . Upon completion of the Reservoir No. 1 Replacement Project, Senna Tree Company will return to replant the tree at its permanent location. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendations; . Do not approve staff's recommendations; . Modify as appropriate and approve staff's recommendations; or . Provide direction to staff. Attachment: 1. Bid Opening Log Sheet BID LOG SHEET CITY OF ARROYO GRANDE BID DEADLINE: March 3, 2004, 5:00 p,m. Tree Preservation Project, Reser.voir No, 1 BIDDER'S NAME, CITY TOTAL Senna Tree Company $14,200.00 La Crescenta, CA '~ ' ~ 1 ..". , - . ~ UUP-JtUlJM-- Kelly W~tmo e . ' Director of Administrative Services/Deputy City Clerk , c: Director of Public Works Assistant City Engineer City Manager , ---- 8.g. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER rf6 SUBJECT: CONSIDERATION OF A REQUEST FOR CONTRACT RELIEF BY SLO PLUMBING AND AN AWARD OF CONTRACT TO MID STATE PLUMBING FOR PHASE I OF THE WATER CONSERVATION PROGRAM DATE: MARCH 23, 2004 RECOMMENDATION: It is recommended that the Council: A. approve a request for contract relief by SLO Plumbing; B. award a contract for Phase I of the Water Conservation Program to Mid State Plumbing in the amount of $348,665.00; C. appropriate an additional $73,150.00 from the Water Neutralization Impact Fund; and, D. direct staff to issue the Notice of Award and Notice to Proceed with other necessary contract documents. FUNDING: The amended FY 2003/04 Capital Improvement Program (CIP) budget includes $275,515 for Phase I of the Water Conservation Program to perform plumbing retrofits. It is requested that the City Council appropriate an additional $73,150 from the Water Neutralization Fund to fund the increased contract cost. As of June 30, 2004, the balance of the Water Neutralization Fund is budgeted to be $656,817. DISCUSSION: On January 13, 2004, the Council authorized the award of contract to SLO Plumbing for the plumbing retrofit portion of the City's Water Conservation Program. On February 25, 2004, SLO Plumbing requested withdrawal of their bid due to this inability to meet the contract insurance requirements. Failure by the contractor to execute a contract and file acceptable insurance certificates as provided for in the Special Provisions is cause for the annulment of the award of contract by the City. CITY COUNCIL CONSIDERATION OF A REQUEST FOR CONTRACT RELIEF BY SLO PLUMBING AND AN AWARD OF CONTRACT TO MID STATE PLUMBING FOR PHASE I OF THE WATER CONSERVATION PROGRAM MARCH 23, 2004 PAGE 2 The next apparent low bidder, Mid State Plumbing submitted a bid of $348,665. The contract is for one year with a provision for two, one-year optional extensions. Performance under the contract will be reviewed each year to determine if the contract will be extended by the Council. If necessary, additional appropriations will also be .made at that time. The bid by Mid State Plumbing has been reviewed for accuracy and found to be in compliance with the contract specifications, including all references. The plumbing retrofit program ("program") is part of Phase I of the City's Water Conservation Program and consists of retrofitting the following plumbing fixtures: 1.6 gallon ultra-low-flow toilets, 2.0 gallon per minute (gpm) indoor faucet aerators, and 2.5 gpm showerheads. The program will also include checking and adjusting or installing new pressure regulators not to exceed 80 pounds per square inch (psi), where applicable. The program will concentrate on single-family residences built prior to 1985. It has been estimated that there are approximately 3,700 single-family residences within the City needing retrofit. The retrofit program will start on the west side of the City, where there is the largest contingent of homes needing retrofit. Retrofit Request Forms will be mailed in blocks of approximately 300 at a time. Once the forms are returned to the City by the owner/occupant, the contracted plumber will be notified to proceed with the work. Work is expected to begin in April 2004. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendations; . Reject all bids and readvertise bids; . Provide direction to staff. Attachments: 1. Bid Opening Log Sheet 2. Letter received 2/25/04 from SLO Plumbing 3. Letter received 3/19/04 from Mid State Plumbing and Drain Cleaning, Inc. -._-_.~~--- ATTACHMENT 1 BID OPENING LOG SHEET CITY OF ARROYO GRANDE BID OPENING: DeceMber 18, 2003 Plumbing Retrofit Program BIDDER'S NAME. CITY TOTAL Mid State Plumbing and Drain Cleaning, Inc, $ 348,665 Pismo Beach . SLO Plumbing 262,050 Pismo Beach Waterboys Plumbing 388,404 Arroyo Grande . .~ ", ~ Mary Basse Executive A sistantlDeputy City Clerk c: Director of Public Works City Manager - -- ---~--""'-----"'- 03/10/2804 16:36 8054735443 CITV OF /16 ENG DEPT PAGE 84 'A TT ACHMENT 2 ~~P~Ji~JNQ Si:~JCE P.O f;OX. "1.1 i'i:~~..f(,,;r,\i.tl. CII.. '):11.1(; 805..489-3800 805-595..3800 105....9--3879 tax City of Arroyo Ormde P.O. Box SSO , 208 Eat Brandt Arroyo Oramde, CA 93421 To Whom!t May Conoem.,;',.';,:H,;(.. ..' '~.".'''1..?;., . .... .. / :)t\~'t4~'!!N " w. ~ IilleID tbII* \'O\I,~dW'" "'..,~~ ~ wn 1IL w. haw aiYttn..... bid ~~~..!' otf;.~~-~ 'c.:": ~H~"'Y ......... ....... ! wi'",.~ "WOM miU~~"doOln covert.p o~ ourauto~bi1c~ [n order to rcceiw more COvenlle we wo)&1dla~to .. out a u:w ~ tinier _ to tJae'lict ttiat our CUlTat eariicr does DOt provide tIut ~l ofcOveDp. This would not ollly increue our cost of doiDg ~ but Il1o colt us valuable tbe in raearehiDa the a'YIiIabDYbfiiicl~HiIIocci{~:. -.,. o\U'~iit lilbilitYts at ODe million dollul coftrllC. We have IDMIc I few calls inquirjDa Oft the cost and it bas beenquoteclas ~ expen- sive. JkcauIe oruu. we are unable to honor the bid at the current aroount. our~)'.c1oa .. the stat. and local requirementS OD aU other IeveJs ofiDsuranct, It is Om' bope ~YO. .. WilIina "'. ""~ with us on this issue further and look forward to )'Om' call. Siftclrely . ,4 U--~-a.,...~ S4 Voa Dura '. .' "';<,,,'''f~.>..,: OWMI' 4I9-38QO CITY Of A~ROVO GRANDE " 5 2O~ Ff~ oJ' . p\J9\.tv wORKb oePl ----_.-- ATT ACHMENT 3 RECEIVED Mid State Plumbing and Drain Cleaning, Inc. OF ARROYO GRAND~ P,Q. Box 1807 MAR 1 9 200~ Pismo Beach, CA 93448 Ucense #779258 ~CTS, PAYABI ~ March 17, 2004 City of Arroyo Grande 214 E. Branch St. Arroyo Grande, CA 93420 Attn: Don Spagnolo Re: Plumbing Retrofit Program Dear Don, In regards to the plumbing retrofit program, we have obtained the necessary insurance required by the City of Arroyo Grande for the plumbing retrofit program. If we are awarded the contract, we can and will meet all insurance requirements, . rerely, p -...-" ex P. Springer President - Mid State Plumbing and Drain Cleaning, Inc. CITY OF ARROYO GRANDE MAR 1 9 2004 PUBLIl; VVUHKS DEPt 8.h. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1ft SUBJECT: CONSIDERATION TO APPROPRIATE ADDITIONAL FUNDS FOR DESIGN SERVICE CONTRACT ON THE FIRE STATION EXPANSION PROJECT, PW 2003-05 DATE: MARCH 23, 2004 RECOMMENDATION: It is recommended the Council appropriate $13,000 from the General Obligation Bond reimbursable expenses potentially incurred by the project architect, RRM Design Group. FUNDING: The additional $13,000 appropriation will be funded from the General Obligation Bond Measure 0-02. DISCUSSION: On February 25, 2003, the City Council approved an architectural and engineering contract with RRM Design for the Fire Station Expansion Project in the amount of $138,075. The contract amount presented by staff to the Council mistakenly did not include reimbursable expenses. Therefore, the additional appropriation reflects the original proposal by the architect and does not represent a change in the scope of work. Reimbursable expenses include misc'ellaneous services such as copying of documents, printing of plan sets, and mileage expenses for site visits. The $13,000 figure is a not-to-exceed price and is an estimate of potential reimbursements, based on historical cost records of previous projects. The compensation for the RRM Design Group contract is detailed in Section 1.04, under Exhibit "B". Exhibit "B" includes a recapitulation totaling each segment of the design services covered in the proposal, including the estimated hours and the fee for each service. The cumulative price is shown under TOTAL FEES in the amount of $138,075. The Reimburseable Expenses are shown as a separate line item beneath the TOTAL FEES figure in the amount of $13,000. The Reimbursable Expenses were not included in the TOTAL FEES summation. CITY COUNCIL CONSIDERATION TO APPROPRIATE ADDITIONAL FUNDS FOR DESIGN SERVICE CONTRACT ON THE FIRE STATION EXPANSION PROJECT, PW 2003-05 MARCH 23, 2004 PAGE 2 It is recommended the Council appropriate $13,000 from the General Obligation Bonds to pay for reimbursable expenses that are incurred during the project by the architect, RRM Design Group. In the event the final reimbursable fees are less than the $13,000 estimate, the remaining monies will be returned to the Fire Facilities Fund. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staffs recommendation; . Do not approve staffs recommendation; . Modify as appropriate and approve staffs recommendation; or . Provide direction to staff. 8.1. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER dJ SUBJECT: CONSIDERATION OF AUTHORIZATION OF CITY MANAGER TO APPROVE AND EXECUTE NECESSARY DOCUMENTS RELATED TO AFFORDABLE HOUSING UNIT AT 266 ASPEN STREET CONSISTENT WITH THE CURRENT DEED RESTRICTIONS DATE: MARCH 23, 2004 RECOMMENDATION: It is recommended the City Council authorize the City Manager to approve and execute additional documents determined to be necessary, modifications to existing documents, and to take other necessary actions related to the affordable housing unit at 266 Aspen Street, consistent with the terms and conditions of the current deed restrictions. FUNDING: There is no cost to the City from this proposed action. . DISCUSSION: Parcel 2 of Parcel Map No. AG 95-068 was created in 1995 as part of a density bonus approved by the City that required the developer to commit the unit to affordable housing for a minimum of 30 years, secured by a deed restriction. In 2002, the property was sold, and the City Council approved a modification to the affordable housing deed restriction to enable the qualified family to secure a loan by enabling conversion of the property to market rate in the event of a foreclosure. To provide some level of protection against a loss in the affordable housing supply, terms and conditions were included to provide the City with a "first right of refusal" to acquire the property if the borrower defaults and shared equity for the difference between the affordable housing mortgage and the actual market rate. If the unit were to convert to market rate, the City would then utilize this funding to subsidize another affordable housing unit. To accommodate an expanding family, the property owner has now made arrangements to refinance the mortgage and add on to the home. This will require approval by the City of a new Subordination Agreement to maintain the shared equity provisions under the new mortgage. At this time, additional documentation and provisions need to be resolved in order to satisfactorily protect the City's interest under the new Agreement. Therefore, staff is asking the City Council to authorize the City CITY COUNCIL CONSIDERATION OF AUTHORIZATION OF CITY MANAGER TO APPROVE AND EXECUTE NECESSARY DOCUMENTS RELATED TO AFFORDABLE HOUSING UNIT AT 266 ASPEN STREET MARCH 23, 2004 PAGE 2 Manager to execute the subordination agreement and other documents necessary once all issues have been resolved. The objective is to enable the owner to improve the property, while also maintaining the existing affordable housing deed restrictions. By authorizing the City Manager to execute other actions, it will also avoid delays if the property is refinanced in the future by eliminating the need for City Council approval as long as actions are consistent with the current provisions. ALTERNATIVES: The following alternatives are provided for the City Council's consideration: - Authorize the City Manager to approve and execute additional documents determined to be necessary, modifications to existing documents, and to take other necessary actions related to the affordable housing unit at 266 Aspen Street, consistent with the terms and conditions of the current deed restrictions; - Request that the final Subordination Agreement and additional documents necessary be presented to the City Council for consideration once completed to the satisfaction of staff; - Do not approve the Subordination Agreement or additional documents necessary to enable the property owner to refinance their current mortgage; - Allow the property owner to payoff the second at this time and eliminate the deed restriction; - Provide direction to staff. S:\CITY MANAGER\STEVE\Council Reports\3.23.04 266 Aspen Subordination Agreement.doc _.._._-_.__._.~ -_.._.._--~._---_.- CITY OF ARROYO GRANDE 9.a. CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will conduct a Public Hearing on the following proposal: CASE NO,: General Plan Amendment Case No. 03-003 APPLICANT: City of Arroyo Grande LOCATION: City of Arroyo Grande PROPOSAL: General Plan Amendment Case No. 03-003 - a proposed r~solution amending the General Plan Agriculture and Conservation/Open Space Element to revise language in Objective Ag1 relating to conversion of prime agriculture land; Policy Ag3-11 relating to farmworker housing; and policies and implementation measures for Ag1-~, Ag3-5, and Ag3-6 relating to agricultural conservation easement programs. ENVIRONMENTAL ". , { 'DETERMINATION: Mitigated Negative Declaration based on the 2001 General Plan Program EIR The City Council will consider the proposed General Plan Amendment that was initiated by Resolution No. 3699 to implement recommendations from a report on the Conservation of Agricultural Resources for the City of A"oyo Grande. Copies of the Mitigated Negative Declaration may be reviewed at City Hall, located at 214 East Branch Street, Arroyo Grande, CA, during normal business hours (8:00 a.m. to 5:00 p.m.) Any person affected or concemed by these City initiated proposals may submit written comments to the Community Development Departmen~-_~t ~14 E. Branch Street, Arroyo Grande, California, during normal business hours (8:00 a.m. to 5:00p.m.) before, the City Council hearing, or appear and be heard in support of or opposition to the proposal and the environmental determination at the time of hearing. 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, MARCH 23, 2004 AT 7:00 P,M. PLACE OF HEARING: ARROYO GRANDE CITY COUNCIL CHAMBERS 215 E, BRANCH STREET ARROYO GRANDE, CALIFORNIA . , fIlftc4uoJu- -:~1 ~ ~ i..-. ," . . mor , Director of Administrative SerVices/Deputy City Clerk Publish 1T, 1/8 page, Friday, March 12,2004 ~-.-_._---~_.------ ~ . i MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR ~..5 BY: TERESA MCCLISH, ASSOCIATE PLAN~"""'- JIM BERGMAN, ASSISTANT PLANNER SUBJECT: CONSIDERATION OF GENERAL PLAN AMENDMENT 03-003, TO. AMEND THE AGRICULTURAL CONSERVATION AND OPEN SPACE ELEMENT REVISING LANGUAGE FOR OBJECTIVE AG1 RELATING TO CONVERSION OF PRIME AGRICULTURAL LAND; POLICY AG3-11 RELATING TO FARMWORKER HOUSING; AND POLICIES AND IMPLEMENTATION MEASURES FOR AG1-3, AG3-5 AND AG3-6 RELATING TO AGRICULTURAL CONSERVATION EASEMENT PROGRAMS DATE: MARCH 23, 2004 RECOMMENDATION: It is recommended the City Council adopt the proposed resolution to amend the Agriculture, Conservation and Open Space Element of the General Plan to revise wording for Objective Ag1 relating to conversion of prime agricultural land; Policy Ag3-11 relating to the provision of farmworker housing; and Policies and Implementation Measures for Ag1-3, Ag3-5 and Ag3-6 for language relating to agriclJJtural conservation easement programs. FUNDING: No fiscal impact. If the Council chooses to implement an alternative that modifies the proposed Resolution to incorporate any of the Agricultural Enterprise Programs, the fiscal impacts may include costs as outlined in Attachment 2. DISCUSSION: Backaround On September 23, 2003 and December 9, 2003 the City Council approved resolutions for the first two actions of the Agricultural Conservation Program based Planning Commission recommendations from the Report on the Conservation of Agricultural Resources in the City of A"oyo Grande (Agricultural Report) and initiated by City Council Resolution No. 3699. Resolution 3699 included several related actions that are intended to comprehensively comprise a program of agricultural resource protection. The first two actions were regulatory, and included a General Plan Amendment to revise land use designations and a Development Code Amendment for implementation of findings and standards to protect Agriculture as an important City resource. CITY COUNCil GPA 03-003 REVISION OF THE AGRICUl rURAL CONSERVATION AND OPEN SPACE ELEMENT MARCH 23, 2004 PAGE 2 OF 7 The longevity and permanence of the City's effort to preserve agriculture within and in the area immediately surrounding the City requires additional programs to address the escalating pressure on agricultural resources by urbanization. This proposal presents alternatives for the third in a series of actions for implementation of the recommendations established by Resolution 3699. These include development and support for a formalized Agricultural Enterprise Support Program (AESP) and an Agricultural Conservation Easement Program (ACEP) for the City. Additionally, at the November 25, 2003 meeting, the City Council directed staff to prepare a General Plan Amendment for Planning Commission and City Council consideration eliminating the word "minimize" from objective Ag 1. One additional item for consideration is a policy language revision concerning the allowed density on Ag-designated parcels. Alternatives may be considered that would enable an increased density to allow for farmworker housing consistent with Implementation Policy J-5 of the 2003 Housing Element. AQricultural and Open Space Element Policy Statement AG1 2001 General Plan Objective Ag1 provides: "Avoid, minimize and/or mitigate loss of prime farmland soils and conserve non-prime Agriculture use and natural resource lands." The word "minimize" was added during City Council adoption of the plan when the term "no net loss" was eliminated. It was recognized that some prime farmland soils and properties surrounded by urban uses, and otherwise appropriate for development, might eventually be converted. The use of the word "minimize" in the policy objective indicates that the City could allow some conversions provided a request is consistent with all other objectives and associated policies of the General Plan. If the word "minimize" was removed, then future proposals to redesignate prime farmland parcels must be "avoided" or "mitigated". Mitigation requires permanent protection of an equal or greater amount of prime farmland than that converted, depending on the specific facts of each case. It is important to consider consistency with other objectives and policies i(the word "minimize" is removed. Some related implementation policies and programs are listed below. Policy Ag. 1-4.3 includes the explanation that "The City's aim shall be to maintain contiguity of Ag and C/OS parcels and avoid fragmentation of areas having prime farmland soils and that ''The City shall avoid development of prime farmland soil areas by directing growth potential to more suitable (urban) locations." This policy also clarifies that "Only after the imposition of available mitigation and consideration of alternatives to avoid the proposed (conversion) action, may the City Council approve development on prime farmland soils, subject to overriding considerations as permitted by California Government Code (CEQA) Section 15093." CITY COUNCIL GPA 03-003 REVISION OF THE AGRICUL TURAL CONSERVATION AND OPEN SPACE ELEMENT MARCH 23, 2004 PAGE 3 OF 7 Objective Ag 3 provides "Current acreage of agricultural uses within Arroyo Grande's (Planning) Area of Environmental Concern shall be maintained." Policy Ag 3-3 emphasizes that ". ..prime Agriculture areas shall have the highest priority from conversion to urban uses..." (In comparison with alternatives involving non-prime). Policy Ag 3-14 provides that the City "Consider reclassification of an Ag parcel (or contiguous set of parcels), only if and when the parcel or set of such parcels is less than minimum size (e.g. legally non-conforming as to area) and is isolated from other agricultural uses." Policy Ag 3-15 provides: "Redesignation" requests shall avoid leapfrogging of parcels in agricultural use that would result in other Ag parcels being widowed, including uses within County jurisdiction as well as uses within (the) City." Any reduction is considered significant, but if it creates or contributes to additional conversions, isolation or widowing of other prime farmland soils areas, it is cumulatively more substantial. Policy Ag 5-3 states: "Land use conversions shall not adversely affect existing or potential agriculture production on adjacent lands designated Ag." The intent of this policy statement distinguishes between the conversion of the few parcels described as isolated or widowed and the many parcels which compose the much larger non-isolated Agriculture designated areas of prime farmland soils. AQricultural Conservation Easement ProQram (ACEP) As discussed in the 2003 Agricultural Conservation Report, Section VI.J, the development of an ACEP program includes identification of funding mechanisms and processes for acquiring agriculture conservation easements as follows: To implement General Plan Policy AG1-3 AG/C/OS, 15-21, ED3, and CASP Action Plan Alternative 5.3, create an Agricultural Conservation Easement Program (ACEP) to address the predominant agricultural parcels within the City that do not meet minimum criteria and are not eligible for Williamson Act contracts. The program should provide for "linked" easements to create larger areas for protection and possible cooperative or joint agricultural operations. Components of the program should include: 1. Apply for funding from the California Coastal Conservancy and/or the California Conservation Department to set up the ACEP and develop a model agricultural conservation easement, determine funding mechanisms including mitigation funds and/or special taxes or bond measures, and determine if there is land owner interest in easements limited to 10, 20 or 30 years as well a permanent. 2. Develop an AffOYO Grande chapter of the Land Conservancy of San Luis Obispo County or partner with the San Luis Coastal Resource Conservation CITY COUNCIL GPA 03-003 REVISION OF THE AGRICULTURAL CONSERVATION AND OPEN SPACE ELEMENT MARCH 23, 2004 PAGE 4 OF 7 District, including policies for organization and management of a conservation easement program. 3. Develop an education and outreach workshop for local farmers to individually meet with American Farmland Trust or other qualified consultants to discuss and calculate the costs and benefits of placing agricultural conservation easements on their land. 4. Develop a mechanism in conjunction with the County Assessor to identify and describe tax relief or other incentives for farmers to provide more acceptable terms and conditions for voluntary agricultural conservation easements. This program requires development over a two-year period. City staff is pursuing a planning grant for the development of this program in accordance with the first component of the program. Additionally, if funding is provided for a workshop in conjunction with American Farmland Trust (described in Attachment 2), landowners can receive information regarding the feasibility and pros and cons of placing an agricultural conservation easement on their property in accordance with component number 3 above. This program is consistent with existing policies in the General Plan and, when completed, would come forward for adoption by a separate City Council action. The following additional General Plan Implementation Policies are proposed: Ag1-3 Support existing programs and develop strategies to retain areas of pfiFRe farmland soils iR for agricultural use, and other Conservation/Open Space (C/OS) areas in a natural, undeveloped state. Ag1-3.1 Encourage Williamson Act participation and acquisition of aaricultural conservation easements by agricultural landowners. An inventory of parcels under Williamson Act contract and those with aaricultural conservation easements within the City shall be maintained by the Community Development Department and the status of those contracts/easements reported to the Planning Commission and City Council. The City's objective shall be 100% of either Williamson Act enrollment of statutory qualified parcels or aaricultural conservation easement aCQuisition. bearing an Ag designation. The City's aim shall be to maintain contiguity of Ag and CIOS parcels and avoid fragmentation of areas having prime farmland soils or non-prime Conservation/Open Space designation. Ag 3-5 All Ag-designated lands shall be considered 'Agricultural Preserve' for Land Conservation Act (Williamson Act) purposes and eligible to enter into Williamson Act contracts to the extent that statutory qualifications are satisfied. The City shall CITY COUNCIL GPA 03-003 REVISION OF THE AGRICULTURAL CONSERVATION AND OPEN SPACE ELEMENT MARCH 23, 2004 PAGE 5 OF 7 encouraae aaricultural Cbnservation easements for lands that are not eliaible for Williamson Act contracts. Ag 3-5.1 Promote Williamson Act contracts, or aaricultural conservation easements, on Ag-designated properties within the City limits and in the City's Area of Environmental Concern. The City's aim shall be 100% participation of qualified Ag-designated properties that are otherwise not protected in perpetuity. Ag 3-6 Encourage lot mergers and consolidations, within the Ag district, and among properties seeking inclusion into the Ag district, or meet minimum parcel size requirements for Williamson Act participation and City standards for Agriculture uses, and encouraae ioint participation in linked aaricultural conservation easements. Ag 3-6.1 Establish incentives f9r lot mergers and consolidations. The City's aim shall be 100% of Ag-designated properties to be qualified for Williamson Act participation and compliant with City standards, or subiect to aaricultural conservation easements. Farmworker Housina The recently adopted Housing Element included Policy J.5: "The development of housing for farmworkers shall be encouraged. Farmworker housing may be authorized in non-prime lands zoned Agriculture, as well as mixed-use or multiple-family residential zones." Implementing Program J.5-1 stipulates that: "The City shall further study the housing needs of farm-workers and if determined necessary or appropriate, update the Development Code to include provisions for development of Farm-worker housing on properties zoned Agriculture, Mixed-Use, and Apartments." According to the Institute for Local Self Government, farmworker housing is an important component to agricultural operations in that farmers need to attract and retain the labor necessary to operate profitably (Farmland Protection Action Guide, 2002). Given that there is an estimated shortage of 121,000 - 164,000 units for workers in the State, and existing housing is often severely substandard, assistance from local agencies to provide housing can give local farmers a competitive edge. Local funding can be used in conjunction with State and Federal funds, and/or tax incentives, to develop additional farmworker housing units. Development Code Amendment 03-005 included a provision for increased density related to farm-worker housing to be determined by discretionary review. However, General Plan Policy Ag3-11 restricts residential density to no more than one unit for parcels less than 20 acres (the City currently has few Ag-designated parcels over 20 acres). The following revision is included in this General Plan Amendment proposal: CITY COUNCIL GPA 03-003 REVISION OF THE AGRICULTURAL CONSERVATION AND OPEN SPACE ELEMENT MARCH 23, 2004 PAGE 6 OF 7 Ag3-11 Allow residential density of no more than two primary dwelling units on each legal parcel of 20 acres or larger within the Ag category. Accessory units for farmworker housinQ at a hiQher density may be allowed on parcels Qreater than 20 acres subiect to obtaininQ a conditional use permit. Allow no more than one primary dwelling unit on each parcel of less than 20 acres; exceptions may be allowed for farmworker housinQ located on non-prime AQriculture desiQnated lands subiect to obtaininQ a conditional use permit. Farmworker housing includes housing occupied by agricultural workers (with their primary income from year-round or seasonal agricultural work) and their families during the year. According to definitions used by the Migrant Health Program, U.S. Department of Health and Human Services, a seasonal farmworker is "an individual whose principal employment (51% of time) is in agriculture on a seasonal basis, who has been so employed within the last 24 months." A migrant farmworker meets the same definition, but "establishes for the purposes of such employment a temporary abode". Farmworker housing may be further defined, within the bounds of State law, to meet specific definitions as may be required by various funding mechanisms for a housing project. AQricultural Support and Enterprise ProQrams An Agricultural Support and Enterprise Program Manual was developed in accordance with Resolution 3699 and derived partially from public input gathered at an Agricultural Enterprise workshop held by City staff on November 20, 2003 (Attachment 2). For the Planning Commission hearings on February 3 and March 2, 2004, staff recommended that the 2001 General Plan Policies outlined in Ag4-1 through 4-6 be amended to refer to the program proposals discussed in the manual. These would include, but not be limited to: 1. Additional Agricultural Support Workshops conducted locally; 2. Cooperative Produce and Ag Product Sales Stand Feasibility Study; 3. 2004 Small Parcel Farming Workshop; 4. Agricultural Activity Directional and Identification Signage; and 5. Education and Outreach Programs including "Buy Fresh, Buy Local" and Agri- Tourism promotions. The Planning Commission expressed support for the "Buy Fresh Buy Local" program and discussed getting financial support from the private sector. PlanninQ Commission Recommendation The Planning Commission held a public hearing to discuss General Plan Amendment 03-003 on March 2, 2004. The Commission recommended by Resolution that City Council approve General Plan Amendment 03-003 amending the Agricultural Conservation and Open Space Element to revise General Plan objective Ag1, General Plan Policies & Implementation Measures relating to agricultural conservation easements including Ag1-3, Ag1-3.1, Ag3-5, Ag3-5.1, Ag3-6, Ag3-6.1 and General Plan Policy Ag3-11 relating to farm worker housing as """""."""-- - CITY COUNCIL GPA 03-003 REVISION OF THE AGRICULTURAL CONSERVATION AND OPEN SPACE ELEMENT MARCH 23, 2004 PAGE 7 OF 7 modified to support accessory farmworker units on any agricultural land of 20-acres or more by Conditional Use Permit, and farmworker housing on non-prime Ag land parcels of smaller size through the Conditional Use Permit process, striking amendments to Ag4-1.2 through Ag4-4.4 and Exhibit "A" relating to Agricultural Support and Enterprise Programs to allow more time for consideration, public comment and prioritization (Attachment 4). Public Comment Several comment letters were received and distributed during the public hearing process concerning Resolution 3699, which initiated this proposal. A 1/8 display ad was published on January 24, 2004 in the Times Press Recorder announcing the item for the Planning Commission meeting on February 2nd where the item was continued to March 2, 2004. An additional 1/8 display ad was published on March 12, 2004 in the Times Press Recorder announcing the City Council Hearing. Environmental Review 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. A Negative Declaration was prepared analyzing the potential environmental impacts of the recommended policy revisions to the Agricultural Conservation and Open Space Element (Attachment 3). AL TERNA TIVES: The following alternatives are presented for Council consideration: - Adopt the proposed resolution; - Make modifications and adopt the proposed resolution; - Do not adopt the proposed resolution; - Provide direction to staff. Attachments: 1. City Council Resolution 3699 2. Agricultural Support and Enterprise Program Manual 3. Initial Study and Negative Declaration 4. Planning Commission Minutes, March 3, 2004 RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING GENERAL PLAN AMENDMENT 03-003 TO AMEND THE AGRICULTURAL, CONSERVATION AND OPEN SPACE ELEMENT REVISING OBJECTIVE AG1 RELATING TO CONVERSION O~ PRIME AGRICULTURAL LAND; POLICY AG3-11 RELATING TO FARMWORKER HOUSING; AND POLICIES AND IMPLEMENTATION MEASURES FOR AG1-3, AG3-5, AND AG3-6 RELATING TO AGRICULTURAL CONSERVATION EASEMENT PROGRAMS WHEREAS, the City Council of Arroyo Grande adopted the updated General Plan on October 9, 2001 and requires a comprehensive review and necessary revisions to the Development Code and zoning map for consistency in accordance with Government Code Section 65860; and WHEREAS, the City has a responsibility to assure adherence to the General Plan in meeting the needs and desires of the residents and the community; and WHEREAS, on January 14, 2003, the City Council adopted Ordinance 536 which established a moratorium on the acceptance of land use applications that seek to develop parcels containing prime farmland soils and directed staff to prepare a study to determine and assess the impacts of such conversion; and WHEREAS, a public workshop was held on May 28, 2003 to solicit public input on the preparation of the study; and WHEREAS, June 17, July 1, and July 15, 2003, public hearings were held by the Planning Commission to receive public input on the Report. on the ConseNation of Agricultural Resources for the City of A"oyo Grande (Agricultural Report); and WHEREAS, on July 22, 2003, the City Council adopted Resolution No. 3699, a portion of which initiated the preparation of Agricultural Enterprise and Agricultural Conservation Easement programs, among other recommendations from the Agricultural Report; and WHEREAS, on July 22, 2003, the City Council also engaged in substantial discussion regarding modification of language for Objective Ag1 in the Agricultural Conservation and Open Space Element; and WHEREAS, on November 25, 2003, the City Council adopted an update to the Housing Element of the General Plan which addressed the issue of Farmworker housing on Agricultural lands; and RESOLUTION NO, PAGE 2 WHEREAS, on March 2, 2004, the Planning Commission adopted Resolution No. 04- 1916 that recommended that the City Council approve General Plan Amendment 03- 003; and WHEREAS, on March 23, 2004, the City Council reviewed and considered the information and public testimony presented at the public hearings, Planning Commission recommendations, staff reports, and all other information and documents that are part of the public record for General Plan Amendment 03-003; and WHEREAS, the City Council has determined that the following General Plan Amendment findings can be made in an affirmative manner: 1. The proposed amendment provides consistency with the goals, objectives, policies and programs of the General Plan and remedies internal inconsistencies within the plan; and 2. The proposed amendment conserves agricultural resources and will not adversely affect the public health, safety, and welfare; and 3. The potential environmental impacts of the proposed amendment are considered insignificant and a Negative Declaration was prepared. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby directs the Agriculture, Conservation and Open Space Element of the General Plan to be amended as 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 23rd day of March 2004. -.---------- --.---- 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. EXHIBIT "A" The following objective, policies and implementation measures of Agriculture, Conservation and Open Space Amendment of the General Plan shall be amended accordingly: Ag 1 Avoid and/or mitigate loss of prime farmland soils and conserve non-prime Agriculture use and natural resource lands, Ag3-11 Allow residential density of no more than two primary dwelling units on each legal parcel of 20 acres or larger within the Ag category,. Accessory units for farmworker housing at a higher density may be allowed on parcels greater than 20 acres subject to obtaining a conditional use permit, Allow no more than one primary dwelling unit on each parcel of less than 20 acres; exceptions may be allowed for farmworker housing located on non-prime Agriculture designated lands subject to obtaining 'a conditional use permit, Ag 1-3 Support existing programs and develop strategies to retain areas of farmland soils for agricultural use, and other Conservation/Open Space (C/OS) areas in a natural, undeveloped state, Ag1-3,1 Encourage Williamson Act participation and acquisition of agricultural conservation easements by agricultural landowners, An inventory of parcels under Williamson Act contract and those with agricultural conservation easements within the City shall be maintained by the Community Development Department and the status of those contracts/easements reported to the Planning Commission and City Council, The City's objective shall be 100% of either Williamson Act enrollment of qualified parcels or agricultural conservation easement acquisition, The City's aim shall be to maintain contiguity of Ag and C/OS parcels and avoid fragmentation of areas having .prime farmland soils or non-prime Conservation/Open Space designation, Ag 3-5 All Ag-designated lands shall be considered 'Agricultural Preserve' for Land Conservation Act (Williamson Act) purposes and eligible to enter into Williamson Act contracts to the extent that statutory qualifications are satisfied, The City shall encourage agricultural conservation easements for lands that are not eligible for Williamson Act contracts, ' Ag 3-5:1 Promote Williamson Act contracts, or agricultural conservation easements, on Ag-designated properties within the City limits and in the City's. Area of Environmental Concern, The City's aim shall be 100% participation of qualified Ag-designated properties that are otherwise not protected in ~---_._._._--....._-- perpetuity, Ag 3-6 Encourage lot mergers and consolidations, within the Ag district, and . among properties seeking inclusion into the Ag district, or meet minimum parcel size requirements for Williamson Act participation and City standards for Agriculture uses, and encourage joint participation in linked agricultural conservation easements, Ag 3-6,' Establish incentives for lot mergers and consolidations, The City's aim shall be , 00% of Ag-designated properties to be qualified Williams<?n Act participation and compliant with City standards, or s~bject to ~gricultural conservation easements, _'_____._.__T<_,____,~~ - RESOLUTION NO. 3889 A TT ACHMENT 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO INITIATE AN AMENDMENT OF THE GENERAL PLAN LAND USE MAP TO REDESIGNATE CERTAIN PROPERTY TO AGRICULTURE AND TO MODIFY CERTAIN POUCIES OF THE LAND USE ELEMENT AND THE AGRICULTURE OPEN SPACE AND CONSERVATION ELEMENT; TO ESTABUSH AGRICULTURAL CONSERVATION EASEMENT AND SUPPORT PROGRAMS; AND TO INITIATE AN AMENDMENT OF TITLE 18 OF THE MUNICIPAL CODE TO MODIFY ALLOWABLE USES AND DEVELOPMENT STANDMD8, MmGATION MEASURES, BUFFER OVERLAY DISTRICT TEXT AND MAPPING, IMPLEMENTING RECOMMENDATIONS FROM THE REPORT ON THE CONSERVATION OF AGRICULTURAL RESOURCES FOR THE CITY OF ARROYO GRANDE WHEREAS, on January 14. 2003. the City Council adopted Ordinance 536 which established a moratorium on the acceptance of land use applications that eeek to develop parcels containing prime farmland soils and directed staff to prepare a study to determine and asse8s the impacts of such conversion; and WHEREAS, a public workshop was held on May 28, 2003 to solicit public input on the preparation of the study; and WHEREAS, June 17. July 1. and July 15,2003, public hearings were held by the Planning Commission to receive public Input on the Report on the ConservatIon 01 AgtIcuItura/ ResoufC88 for the City of Anoyo Grande (Agricultural Report) attached hereto as exhibit MAlA and Incorporated herein by this reference; and WHEREAS, after consideration of all testimony and all relevant evidence. the Planning Commission recommends that the CIty Council initiate the preparation of an ernendI.tent of the General Plan Land Use Map for four (4) prime agricultural propertiea; to ...blish agricultural conservation easement and support programs; and to amend the portions of Title 18 of the Municipal Code to establish allowable uses, mitigation I11UIUI88 and development standards in order to Implement recommendations from the Agricultural Report; and WHEREAS, on July 22, 2003, the City Council held a public hearing on the Agricultural Report to receive additional testimony and evidence; and WHEREAS, the City Council has reviewed and considered the Information in the Agricultural Report. and other evidence presented at the hearings and contained in the record of this matter and make the following findings: --...--".---.- -~ --,_.---~.- RESOLUTION NO. 3898 PAGE20F9 A, Proximate prime agriculture within the City of Arroyo Grande is integral to the character of the community and directly affects the City's economic and historical significance: B, The City has demonstrated a long tenn commitment to agricultural preservation through long-range planning, general plan policy, zoning, the right to fann ordinance - 419 C,S" commission of the Coordinated Agriculture Support Ptogf8m (CASP) study and ordinance 536; C, Pennitted conversion of prime fannlands have historically and consi8tentIy caused detriment and eyentual conversion of nearby or adjacent parcels to non agricultural uses which in turn effect development pressure on other agricultural lands: D, Operating fanns have not been consistently or adequately protected through the dedication or maintenance of agricultural buffers: E, The 2001 General Plan requires Municipal Code revisions to implement relevant policies in the Agricultural and Open Space Element, the Economic Development Element, and the Land Use Element, and further requires the adequate review of land use proposals, the appropriate findings of fact and necessary conc:IItIons and specific mitigations to effect long tenn preservation and to protect agriculture as a significant and irreplaceable resource of the City; F, Successful agricultural conservation easement programs exist in comparable communities whereby state and federal funding was made available and I8CUred, and agricultural conservation easements for long term preservation acquired and maintained and the establishment of such programs would be supported by state agencies including the San Luis Coastal Resource Conservation Di8trict and the california Coastal ConserVancy In that an agricultural easement program can benefit long tenn protection of agricultural lands in Arroyo Grande through the use of linked easements; G, Successful programs exist in comparable communities that.promote agri-tourism and agri-enterprise operations in both private and public sectors that demonstrate an economic benefit for agriculture in urban and suburban areas: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby directs the following: I. Preparation of a General Plan Amendment to............ to Agrtculbn certain property and to modify Lancl Use Element policy atateIIaent LUl-13 and Agriculture, Open Space and Conurvatlon e......nt Implement8tlon Policy AG1- 4.2. - ---------- ----- _..~--- RESOLUTION NO. 3899 PAGE 30F9 A. The specific property to be redesignated Is referenced in Table 3 and on Map 13 of the Agricultural Report and Identified ..: 1, Approximately 7,4 acres, APN 007-621-023, owned by Edward Dorfman, zoned Agriculture, redesignate on Land Use Map from Mixed Use/Planned Development to Agriculture 2, Approximately 2,8 acres as a portion of APN 007-621-073, owned by Edward Dorfman, zoned Agriculture; redesignate on Land Use Map from Mixed Use/Planned Development to Agriculture (Note: the remaining portion of this parcel Is currently zoned Highway Commercial and is not recommended for redeslgnatlon) 3, .1,64 acres, APN 007-621-001, owned by the Japanese Welfare Association, zoned Agriculture; redesignate on Land Use Map from Mixed Use/Planned Development to Agriculture 4, 4,92 acres, APN 007-761-022, owned by Bruce Vanderveen, zoned Agriculture; redesignate on La.nd Use Map from Rural Residential to Agriculture B. 1, Land Use Element Policy Statement LU5-13 shall be deleted in its entirety. 2, Agriculture, Conservation and Open Space Element Implementation Policy AG1-4,2 shall be amended 88 follows: AG 1-4,2 Possible mitigation for loss of areas having prime farmland soils may include permanent protection of prime I farmland soils at a ratio of UD to 4;4 Z:1 with regard to the acreage of land removed from the capability for agricultural I use. as determined bv the City Council,. Pennanent protection may Involve, but Is not limited to, dedication of a perpel4al agriculture or 'conservation easement or other effective mechanism to ensure that the area chosen as mitigation shall not be subject to loss of its prime farmland I soils, Suitability of the lanc1..5#1osen as mitiQatlon leeetieA shall be ".armiAe" aDDroved by the City Council. The aim shall be to protect and preserve prime farmland solis primarily within and contiguous to City boundaries, secondly within the Urban land Use Element area, and thirdly within the larger Arroyo Grande VaHey and La Cienega Valley within the Area of Environmental Concern, Other potential mitigation measures for loss of areas having prime fannland soils include payment of in-lieu fees or such other mitigation -------."" _._~--_.- RESOLUTION NO. 3889 PAGE40F9 acceptable to the City Council, 3, ACO/SE Policy Ag6-1 shall be amended as follows: Ag6-1 Ag zoning classifications shall prescribe minimum paroeI sizes of 2O-acres for cultivated, irrigated andlpr prime agricultural land and 40 20 acres for non-cultivated, non-irrigate and/or non-prime agricultural lands, II. Pntparatlon of a reaolutlon to: A. Develop an Agrlcultunt Con"lVIItlon e......nt program and dlNCt ataff to outline potential funding and the proc... for acquiring AfIrIGuIture Conaervatlo~ Eaementa a. outlined In the Agricultural Report, 'action VI.J and as follow.: To implement General. Plan Policy AG1-3 AGlClOS.15-21, ED3, and CASP Action Plan Altemative 5.3, create an Agricultural Conservation E_ment Program (ACEP) to address the predominant agricultural parcels within the City that do not meet minimum criteria and are not eligible for WIllemsen Ad. contracta. The program should provide for 'inked- easements to create larger a.... for protection and agricultural operations. Components of the program should Include: 1. Apply for funding from the California Coastal Conservancy or the Callomia Conservation Department to set up the ACEP and develop a model agricultural conservation easement, detennine funding mechanisms Including mItig8tion funds and special taxes or assessments, and detennlne If there is a benefit for easements limited to 10, 20 or 30 years, 2, Develop an Arroyo Grande chapter of the Land Conservancy of San Luis Obispo County or partner with the San Luis Coastal Resource Conservation District, including policies for organization and management . 3, Develop an education and outreach workshop for local farmers to individually meet with American Farmland TNst or other qualified consultants to diIcu88 and calculate the costs and benefits of placing agricultural conservation MMments on their land, 4. Develop a mechanism in conjunction with the County Assessor to identify and describe tax relief or other incentives for farmers to provide more acceptable terms and conditions for voluntary agricultural conservation easements, I I I I ---.-..... ...----- RESOLUTION NO. 3888 PAGE50F9 B. Work with loeal Farm BU188u, Chamber. of Commerce, Cal Poly and other organlzatlona to develop an Agricultural Enterprl.. program to pnNIIGte and benefit loealagrlculture _ outlined In the AgrIcultural Report, SectIon Vi.5.G. 1, Create a program that provides for cooperative produce sales ata common location. 2, Host a small-parcels farming workshop in conjunction with. the University of Califomia Small Farm Center and Cal Poly's Sustainable Ag Program, 3, Allow agri-tourism and agricultural related dlrectionalsignage such as fann-stay or winery location sign provisions, Work with the County's Farm Bureau in exploring ways and means of implementing an agri-tourisrn program, 4, Develop an education and outreach program aimed at heightening public awareness of the cost-benefits of agriculture preservation, III. Preparation of an ordinance to amend Title 18 of the Arroyo Grande Municipal Code (AGMC) _ follows: A. Amend AGMC Sectlon18.24.020 creating an agricultural........ CMN1ay dlatrlct of 100 feet around all parcel. clMlgnat8d and zoned agrtcuIIure _ outlined In the Agricultural Report, SectIon VI.C. and per the ...... ordinance contained In Appendix E. _ follows': 1, .Establish a zoning overlay implementing a 100 foot minimum buffer around all Agriculture property as depicted on the map in E-1 to implement GenenII Plan Policy AG5-2, applicable to all new development or redevelopment that is adjacent to Agricultural property, The buffer shall Include a 20 foot I8ndlcaped strip as described In the 2001 General Plan. Greater ~ may aIao be required upon the recommendation of 'the San Luis County AgrIcultural Commissioner, A partial exception may be allowed if it can be demoMtrated that an adequate physical buffer (such 88 Arroyo Grande CI'88k).... between the agricultural use and the non-agrlcultural use If approved by the County Agricultural Commissioner, B. Amend AGMC SectIon 18.28.18.040 and 18.20.080 to Incorporate expanded findings for rezoning application. and subcllvlalona .. outlined In .... Agricultural Report, SectIon VI.A.1 and VI.A.2 _ foIlowa: 1. To implement General Plan Policy AG 3-14 and 3-15, include addlllonal findings specific to approving rezoning applications In Agriculture di8trtd8 In Development Code Section 16.16.040 (Amendments to zoning dietrIcIs and other provisions). which are derived in part from the WUllarnson Ad: ~__~"._.". ....____u RESOLUTION NO. 3699 PAGE80F9 a, That the uneconomic nature of the agricultural use is primarily attributable to circumstances beyond the control of the landowner and the City, and there are no other reasonable or comparable agricultural uses to which the land may be put, either individually or In. combination with other adjacent prime farmland parcels; and b, The proposed change in zone (or revision to this title) is for a parcel, or for a contiguous set of parcels, that is legally noncOnforming as to minimum area in the Agriculture district; and c. The proposed change In zone (or revision to this tiUe) will not result In. Intensify, or contribute to dlscontiguous patterns of urban development; and d, The proposed change in zone (or revision to this We) will not likely result in the removal of adjacent lands from agricultural use; and e, The proposed change in zone (or revision to this title) is for an alternative use which Is consistent with the applicable provisions of the City General Plan; and f, That there is no proximate land, which is both available and suitable that would provide more contiguous patterns of urban development than development of proximate non-prime farmland, 2, To implement General Plan Policy AG5-2, revise AGMC Section 16,20,060 (Land Divisions ) to include the following finding necessary for proposals to subdivide prime farmland and/or lands adjoining an Agriculture district: For a proposed subdivision that includes, or is adjacent to, prime fannland, or is within . an Agriculture district; that the design of the tentative map or proposed improvements provides an adequate buffer as determined through environmental review under CEQA to minimize potential confIIct8 between agricultural and nonagricultural land uses and to protect the public health, safety, and welfare, C. Amend AGMC Section 16.28.030 to revise allowable .... In Agricultural districts _ outlined In the Agricultural Report, SectIon VI.A.3 and VI.A.4 _ follow8: 1, To implement General Plan Policy AG3-1 and AG3-7, revise AGMC Section 16.28,030-A No, B 1 to include: Ranch and Farm dwellings appurtenant to a principal agricultural use as permitted, Single Family detached dwellings on ------ - .- ---- RESOLUTION NO. 3899 PAGE70F9 conforming lot6 as permitted, Single Family detached dwellings on legal non- confonning lots as pennitted subject to a Conditional Use Pennit pursuant to Section 16.16,050, (AGMC Section 16.16.050-D.2 requires the approving body to make the finding that the propOsed use would not Impair the integrity and character of the district in which it is to be established or located.) 2, To implement General Plan Policy AG1-1,2, AG3-4, and AG4-4 revise AGMC Table 16.28.03o-A No, C, (Commercial Uses) to Include the following eubject to Conditional Use Permits: greenhouses (with speciflc perfonnance criteria), wholesale nurseries, guest ranches, and large animal veterinary oftIce8;end No, E. (PubltclQua8l-Public Uses) include public facilities when required by health, safety, or public welfare, and community garden8 a8 conditionally permitted, C. Amend AGMC SectIon 18.28.040 to revise standards _ outlined In Agricultural Report, SectIon VlA5 _ follows: 1, To implement General Plan Policy AG3-1 0, revise AGMC Table 18.28,04Q..A to include a Maximum Bulding Site Area of 1 acre. 2, To implement General Plan Policy AG3-1 0, revise AGMC Section 18.28,0408, to include the following language: Acceaaory buldings and structures shall be 8ited to minimize disruption of agricUltural operationa, avoid corMnIon8 of productive fannland and take maximum advantage of existing Infrastructure, 3, To implement General Plan Policy AG3-11 , revise AGMC Section18.28.040B to include a Maximum Density of 2 dwelling units for parcel8 equal or lalgerthan 20 acres and 1 dwelling per parcel for parcels less than 20 acres. 4, To implement General Plan Policy AG6-1 , revise AGMC Section 18,28.0408 to reduce the minimum parcel size of 20 acres, E. Amend AGMC SectIon 18.28 to Inclu. mltlptlon.naqul......... Md additional buffer requirements for propoeed clewlopment I~ agItcuIIure districts _ outlined In AgrIcultural Report, SectIon VI.a and per the example ordinance contained In AppendIx F. _ follows: 1, To Implement General Plan Policy A1-4, adopt a prime fannland conversion mitigation ordinance that provides for pennanent agricultural conMMItion easements on prime fannland at a ratio of 2 to 1 with regard to acreage of land converted from the capability for agricultural use, I - -_.-- ~----- RESOLUTION NO. 3699 PAGE80F9 On motion by Council Member Dickens. seconded by Council Member Co8teIIo. and by the following roll call vote. to wit AYES: Council Members Dickens, Costello and Mayor Fenara NOES: Council Members Lubin, Runels ABSENT: None the foregoing Resolution was adopted this 22M day of July. 2003, _._-~ RESOLUTION NO. 3699 PAGE90F9 , . . , TONY M. F , MAYOR ATTEST: RE, DIRECTOR OF ADMINISTRATIVE SERVlCESI DEPUTY CITY CLERK \ . APPROVED AS TO CONTENT: ~~kMANAGER APPROVED AS TO FORM: ---,.._..... ._---~- ----- ~'"'''''--'~''' -"'-'~'."'--~.'"'-~'''''-''>'';''' '.~;"",-"..,-....."~"--,.-,."-"".,....,,,,,,,..... ATTACHMENT 2 Exhibit "A" Agricultural Support and Enterprise Program Manual \ March 2, 2004 0 Agricultural Support Workshop To facilitate development of Agricultural Enterprise and Agricultural Conservation Easement Programs, City staff held a public workshop on November 20, 2003 The workshop was attended by property owners, farmers, and representatives from interested agencies including the Coastal San Luis Resource Conservation District, the University of California Cooperative Extension and the Central Coast Agri-tourism Council. Topics discussed included a status of City Council actions related to the preservation of Agricultural lands in the City, uses for Agricultural properties including greenhouses, priorities for agricultural enterprise efforts, direction to connect interested land owners and prospective lease holders for starting, expanding or maintaining Agricultural operations, and feasibility of conservation easements for lands within the City. This proposal includes alternatives for additional workshops. Agricultural Enterprise Program City Council Resolution No. 3699 specified that staff should prepare a resolution to allow work with the local Farm Bureau, Chamber of Commerce, Cal Poly and other organizations to develop an Agriculture Enterprise Program to promote and benefit local agriculture as outlined in the Agricultural Report, Section V1.5.G. including: 1. Create a program that provides for cooperative produce sales at a common location. 2. Host a small-parcel farming workshop in conjunction with the University of California Small Farm Center and Cal Poly's Sustainable Agriculture program. 3. Allow agri-tourism and agricultural related directional signage such as farm-stay or winery location sign provisions. Work with County's Farm Bureau in exploring ways and means of implementing an agri-tourism program. 4. Develop an education and outreach program aimed at heightening public awareness of the cost-benefits of agriculture preservation. This report presents work by staff and recommendations related to the direction given by the City Council in Resolution No. 3699. I. Cooperative Produce Sales The establishment of a successful program that provides for cooperative sales of produce at a common location within the City of Arroyo Grande will involve a considerable . amount of research combined with a specialized knowledge of agriculture and marketing. These prerequisites are well beyond the current ability of Community Development staff. In order to make progress related to a cooperative produce sales program, staff has contacted Debra Garrison to submit a proposal outlining an in-depth study that can be used by the City Council in future decision making related to a cooperative produce sales program. Ms. Garrison is currently perusing her Bachelor Degree in Agri- 1 Business at California Polytechnic State University, San Luis Obispo. In addition to being a model student, Debra is a fifth generation member of a well known Nipomo farming family and was involved the initial movement to certify local farmer's markets and worked to bring farmer's markets to Santa Maria and Ventura. Ms. Garrison's study proposal follows and if viewed favorably by the City Council will also serve as her senior project, which is required for her degree. PROPOSAL FOR . Office space for farm organizations, which allows CREATING A COMMON AREA FOR THE for convenient networking. SALE OF LOCAL AGRICULTURAL . Certified kitchens for. adding PRODUCTS IN THE CITY OF ARROYO . value and packaging local GRANDE products, restaurant sponsored cooking classes, Submitted by Debra Garrison and cooking facilities for the store. INTRODUCTION Coolers and freezer storage . The City of Arroyo Grande has for farmers adding value to expressed interest in creating a products, (rented space) and common area that provides for the storage for store products. sale of local produce. Current direct . Garden Center for local markets for produce sales include horticu Itu rists to sell their roadside stands, California Certified stock. Farmers Markets, agri-tourism, and Input and equipment storage Community Supported Agriculture. A . Buy Fresh-Buy Local labeling for farmers interested in program created by California pooling expenses. Alliance of Family Farms is currently . Meeting rooms for being developed in San Luis Obispo educational gatherings for County. farmers and consumers. A facility to bring farms, farm . Produce store and deli organizations and consumers featuring local product. together under one roof is a logical next step in the support of local Local restaurants and stores can farming. This facility would bring also be encouraged to participate value to the community by linking through programs that will enhance farmers directly with local consumers their sales and alleviate competition and providing a forum to exchange pressures. information and purchase fresh safe Justification food. Since the late 1970's, small farmers Such a facility could consist of: have been realizing decreasing profits largely due to continued growth of vertically integrated food 2 -.----..-....----.--- corporations, increased government fresh food products and staying regulations and fees, and urban home to cook and entertain growth. Pressures to produce more for less (requiring expensive Proposed Senior Project technologies) have caused farmers to optimize their production and I propose to look at the need and sales techniques. During the last 20 viability of a single facility for years on the Central Coast, farmers cooperative support of local farms, have responded by developing and present a practical model for the roadside stands (that must be. City of Arroyo Grande. adjacent to the property where the It is anticipated that this project will produce is grown), attending include: Certified Farmers Markets that sometimes have long waiting lists, . Surveying local members of and agri-tourism that demands the the farm community to grower to be responsive to people on assess tentative support the farm which create high liabilities. . Find out information on Community supported farms have needed space and equipment been on the rise as well. These are member-subscribers that pay a . Research state and county seasonal, monthly, or weekly fee to laws regulating all mentioned receive regular shipments of fresh activities produce, which varies in content . Evaluate potential sites according to the season. All these programs have saved many farms . Evaluate possible funding and for others have created new sources ventu res into agriculture. . Present a model based on Alternatively, some small farms have the research findings been sold off or closed. There is a large trend nationally and locally to expand these programs as Preliminary Estimated Costs the population becomes more aware of food corporation takeovers, food Budgeted Expenses safety and environmental concerns. In today's fast paced economy, it is evident that people are looking for a Expense Estimated bit of "how it used to be" by the Amount amount of city people moving to the Telephone $ 100.00 rural areas. This migration is driven by a search for less congestion, Supplies (office) 200.00 slower pace, and better places to raise a family. There is a Travel 200.00 corresponding increasing interest in Total $ 500,00 3 II. Small Parcel Farming Workshop Mark Gaskell, Ph.D., who works as a Mark Gaskell, Farm Advisor with the University of California Cooperative Extension in San Luis Obispo and Santa Barbara counties has agreed to coordinate a Small Parcel Farming Workshop. This workshop is tentatively scheduled during May, June or July of 2004 and can be held at either the Women's Center or at the Regional Center located at the County Library on West Branch Street. A proposal of workshop content follows: Farming on the Suburban Fringe: farming operations and identifying A Workshop higher value crops or products and looking for additional opportunities Submitted by Mark Gaskell, Ph.D. for direct marketing such as agritourism, farm stands, Farmers who continue to farm in the subscription farms, farmers markets, midst of growing suburban and internet sales. Other special development are presented with options may also exist depending special problems that challenge their upon the circumstances. economic survival. . Encroaching surrounding development causes This proposed workshop will target conflicts among new neighbors with growers and agriculture zoned unrealistic expectations about living property owners in the Arroyo in their rural environment. Farmers Grande area and will address the must deal with special problems special problems related to farming related to conducting farming in a suburban setting. Potential operations amidst heavier traffic, speakers can range from local farm narrow or restricted roadways, groups, other UC advisors and limitations on equipment movement, specialists statewide, and Cal Poly, among other things. And new San Luis Obispo faculty as well as neighbors are intolerant of dust, invited . speakers with special noise, and smell related to typical experience in subjects related to this farming procedures. Delivery theme. charges increase along with costs for labor and other inputs because other It is anticipated that the workshop rural businesses also see their costs could be scheduled sometime rise. between May 1 and July 1, 2004. Aside from any charges for meeting The increased costs and facilities and refreshments, costs complexities of farming in a associated with the workshop will suburban setting put additional depend to a large extent on any pressures on farmers to efficiently travel expenses or honorarium for farm in these situations. Typically outside speakers. Total costs should growers respond by intensifying not exceed $2000. 4 --- III, Changes to Development Code Sign Provisions Staff proposes the following changes to the Development Code sign provisions as they relate to signs that are exempt from Administrative Sign Permits, Administrative Sign Programs and Planned Sign Programs. These changes would allow for directional and identification signs associated with individual agriculture operations within city. 16.60.050 H. Agricultural signs identifying individual farms, agricultural products grown or raised on the premises and aQriculture related activities such as farmer's markets, farm tours and farm stay operations shall be subject to the following: 1. The number of such signs shall be limited to one per street frontage. 2. If wall mounted, the sign shall be located below the roof line. 3. Freestanding signs shall be no higher than s'* eiQht feet. 4. Each sign shall have an area no greater than sixteen (16) square feet~ aM shall be erected only during the gro'l.'ing and harvest season. 5. SiQn placement shall conform to Chapter 10.12. of the Municipal Code. K.2. Memorial tablets, plaques, or directional signs for community historical~ aM cultural and aQriculture resources installed by the city or by a city-recognized historical society or civic organization; Aqricultural Directional Siqn Proqram In addition to the suggested changes to the Development Code relating to agriculture related signs, staff recommends the following Agriculture Directional Sign Program. Intent The intent of an agricultural directional sign program is to educate and inform citizens and visitors about agricultural resources within the City of Arroyo Grande and surrounding areas of the county. Associated benefits of this type of program include education about the long history of agriculture in our community, the availability and importance of locally grown food, and economic development of agriculture related businesses. Sign Placement and Design The proposed sign program consists of multi-directional signs to be located within City owned right-of-ways at strategic points throughout the City. Map 1 presents 18 initially proposed locations. 5 _ __...-J proposed A9riCu\tura\ O\reet1ol\a\ 5\91\age /" // /-( ./ --""-: /.~--'c <.'''-j~-\ ! " . .l', '\ ( ../ \ i:' \ I / \ \,/. i \ -'-1--/ I {; \....,.,...--.... ~'-/ t \ \. -' "l ))/ \/ )/ ..L^/ /// I:: //~- ,.-l_<"~, \ ,-\ /'; , /' /'-":~" >, . '. <' ;.7", ~/v "7 (/'" .t.--t----J. ."--. ,-! "/'J : l'-, ..~' ./___ L-/ I ~ - -, -', \ ' ' ' ___ /' I \." '- ',,! ',,' W .. ,C .",' ' I ..' / I ,. '." " /' ',J ,I l '1 ,!' , X/./ I I' _x,, ,\ 'tg' J / . " " .< ?- ,/ '--\ " 0' J ' ' -'.' /\' ' ,,'" v ,'-1" "', ___, J../'~- " \.. /"[-,," ' ! ' ~ _~, ' .-_..,' __,,,~, ,"" " ,I ,'..,' _-:;:0::--:'::'::--' - ______ \ ( / \ / /' \ \.. (----- I I ' '<'- , _<'''~\ ",/ . . i, \'.. ,./' ,~- ,A "> _',.' '. ! ' ' ,I Vx ,I / ,.- .,,' \. " " ,,'..,/ ~ ./ v"'"co !' .. " . ,,' (,/ " _ _r--.,_ I j < ,,::::-,., /' / -~/ '\...; 1 \ ~//~ . .. ..' ," ." ., , ? / , " _,>,,~ " I ! ;1 / /1 \ ".. ,/ "~' ' - . . ' , " \ / .~ .......' ' /' ~ , r- _' <2"$~,.,! " /' "- " " ~ . _,,/' -~'..\--1' -4.,,:.J-\ // _~~~:c.L~":x,,-X. /'>., '<~,. ." ,'~_ --t: - ~/, >-. y;, : \ 1_' 1 ',;;/ 05,~' ~ ,0 xA" t- .......... .~~..' ./' "'--'-'-J.----~: '.\<).;'/\// ' ~,,-,- / '.,/'// Y (.:>.),~ \ I . '('\,V .,.' / ) I -~_. '~,. ' ,"'-~="--[ ''\ ,.", () .........-/ J \' \ '"" f r'\ ,.,j,,__ . --\, \ -1 I 1--J ._, \ "...: /l-~.L/1M. i \ f=..-.' ~+-~' \ \ \ . " , \.- \" ... _. ~____\~\~ \ 1~ I \- ~. ' .......,.. \ 1::1-7;=..' I // \ . . ... I , . ~l '. ,'---1 '. .n@...,i\1,I-\...;;,.-r",>.::J. \. \ V. 1,1" ... r : .~ ::p.l' I\ c_ ~ i \ ,-__L~ 1'r.c '\ "_\~l-- j >">"e''',''_ ~ The signpost should be organized in a hierarchical manner with a placard identifying the sign as part of the City of Arroyo Grande's program. Suggested wording for this placard states "Arroyo Grande Agriculture -Since 1868." The second level of signs should consist of directional arrows to agriculture regions within the city and county. These regions include "Arroyo Grande Agriculture, Greater Arroyo Grande Valley Agriculture, Huasna Valley Agriculture, Edna Valley Agriculture, Cieniga Valley Agriculture and Nipomo Mesa Agriculture." The third and final tier of signs should consist of directional arrows to individually operated agriculture sites and farmer's markets. Table one presents initial sign text at each of the proposed 18 locations within the City of Arroyo Grande. Sign Location Top Placard Regiona! P1ac-,(d Aqr!, h, Number t." I 1 Cherry Arroyo Grande . Arroyo Grande Farmer's Avenue and Agriculture Agriculture Market Traffic Way Since 1868 (Saturday - Noon to 2:30) Ponderosa Iris Garden 2 Fair Oaks Arroyo Grande . Arroyo Grande Farmer's and Traffic Agriculture Agriculture Market Way Since 1868 (Saturday - Noon to 2:30) 3 101 Exit Arroyo Grande . Arroyo Grande Farmer's and Fair Agriculture Agriculture Market Oaks Since 1868 (Saturday - Noon to 2:30) 4 Fair Oaks Arroyo Grande . Arroyo Grande and Valley Agriculture Agriculture Road Since 1868 . Cienega Valley Agriculture . Nipomo Mesa Agriculture 5 Fair Oaks Arroyo Grande . Arroyo Grande and Agriculture Agriculture Halcyon Since 1868 . Cienega Valley Agriculture 6 Cherry and Arroyo Grande . Arroyo Grande Ponderosa Iris Branch Mill Agriculture Agriculture Garden Road Since 1868 7 Branch Mill Arroyo Grande . Arroyo Grande Huasna Valley Road and Agriculture Agriculture Farm Tanner Since 1868 . Greater Arroyo Lane Grande Valley 7 Agriculture . Huasna Valley 8 Branch and Arroyo Grande . Arroyo Grande Farmer's Traffic Way Agriculture Agriculture Market Since 1868 (Saturday - Noon to 2:30) 9 Branch and Arroyo Grande . Arroyo Grande Farmer's Short Street Agriculture Agriculture Market Since 1868 (Saturday - Noon to 2:30) 10 Branch, Arroyo Grande . Arroyo Grande Edna Valley Huasna and Agriculture Agriculture Wineries Corbett Since 1868 . Greater Arroyo Talley Farms Canyon Grande Valley Agriculture . Huasna Valley . Edna Valley 11 Corbett Arroyo Grande . Arroyo Grande Edna Valley Canyon and Agriculture Agriculture Wineries Tally Ho Since 1868 . Edna Valley Creek Bridge . 12 Corbett Arroyo Grande . Arroyo Grande Edna Valley Canyon and Agriculture Agriculture Wineries Printz Road Since 1868 . Edna Valley 13 Grand Arroyo Grande . Arroyo Grande Farmer's Avenue and Agriculture Agriculture Market Halcyon Since 1868 . Cienega Valley (Saturday - Agriculture Noon to 2:30) 14 West Arroyo Grande . Arroyo Grande Farmer's Branch and Agriculture Agriculture Market Northbound Since 1868 (Saturday - 101 off Noon to 2:30; ramp Wednesday - 9:00 to 11:30 am) 15 West Arroyo Grande . Arroyo Grande Farmer's Branch and Agriculture Agriculture Market K-Mart Since 1868 (Wednesday - Center 9:00 to 11:30 am) 8 .---- 16 Grand Arroyo Grande . Arroyo Grande Farmer's Avenue and Agriculture Agriculture Market Elm Since 1868 . Cienega Valley (Saturday - Agriculture Noon to 2:30) 17 EI Camino Arroyo Grande . Arroyo Grande Farmer's Real and Agriculture Agriculture Market Halcyon Since 1868 . Cienega Valley (Saturday - Agriculture Noon to 2:30) 18 Grand Arroyo Grande . Arroyo Grande Farmer's Avenue at Agriculture Agriculture Market Southbound Since 1868 (Saturday - 101 off Noon to 2:30) ramp Table 1. Proposed directional signs and text. The directional signs should be unique in appearance to the City of Arroyo Grande while at the same time adding to existing directional signage that is already placed throughout the county. Figure 1 depicts a directional sign, which is part of the San Luis Obispo Coastal Wine Trail program in Edna Valley. Figure 1. Wine trail sign located in the Edna Valley. Participating Agriculture Operators At the initial phase of the agriculture directional sign program it is anticipated that there will be vacant directional arrow space due to the small number of on-site 9 farm programs within the City. However, growth in this industry is expected due to the work of numerous countywide organizations including an Agritourism group and a "Buy Fresh, Buy Local" organization. At the start of the program it is suggested that sign opportunities be extended to agriculture operations outside of the City limits, such as Huasna Valley Farms, SLO Grown Produce and existing farm stands. As time goes by and sign space becomes limited, the program could be restricted to farm operations within the City limits of Arroyo Grande. Cost of Program Cost of the program will depend on sign materials and design and whether the project will be sponsored in a self-supporting manner. IV, Education and Outreach Program Community Development Department Staff has been working closely with three organizations - American Farmland Trust, Central Coast Agri-tourism Council and the Central Coast Buy Fresh, Buy Local campaign. The works of these three groups, in staff's opinion, fit perfectly with goals of developing an education and outreach program. This recommendation is based on the fact that these organizations are already established, have a track record of success, and in most cases are composed of members with an economic stake in success. Below are background statements for each group as well as a proposed scope of work. American Farmland Trust Proposed Scope of Work for campaign, including the Chamber of American Farmland Trust Commerce, Resource and Conservation District and American Submitted by Jeffery Garcia Farmland Trust (AFT). The purpose of this proposal is to describe AFT's Project Overview potential role in the campaign. The City of Arroyo Grande's amended 2001 General Plan AFT is a national, nonprofit recommends the creation of various conservation organization founded in programs and policies to protect 1980 to protect the nation's most farmland and to make farming more productive farmland and promote profitable. To these ends, as well as farming practices that lead to a to educate farmers, agribusiness healthy environment. AFT has leaders, elected officials, the general played a role in building support for public and others about the value of and creating the majority of the these programs and policies, a nation's farmland protection public relations campaign could be strategies, particularly those that conducted in Arroyo Grande. Several include purchase of development entities could play a role in the rights programs. In California, AFT 10 -~.__._-_.-------_..- .--~- has helped create the California Speakers could include AFT Farmland Conservancy Program, California Director John strengthened the Williamson Act and McCaull and a California built support for and developed farmer who has protected his farmland protection strategies in or her farmland. several counties, including Solano and Monterey. AFT is currently AFT also could conduct a working under contract for the' series of workshops in Arroyo California Coastal Conservancy to Grande that are geared create a farmland protection strategy toward the general public. The for the four Central Coast counties. same topics as mentioned AFT is based in Washington, DC above could be covered in with field offices across the country, these workshops. A detailed including three in California. discussion on the economic, environmental, cultural and Scope of Work historic value of farms and American Farmland Trust (AFT) has farming could be added to the more than 23 years of experience agenda. Speakers could educating communities about include AFT California farmland protection. Its experts have Director John McCaull and the used public forums, printed materials administrator of one of the and the media to deliver the nation's most successful local message that farmland and farmers farmland protection programs. add value to local communities. Building off of this experience, AFT's Handouts could be available role in an education campaign could to all workshop participants. be as follows: This could include fact sheets about the agriculture-related . Workshops: AFT could policies and programs conduct several workshops in recommended in the 2001 Arroyo Grande. The target General Plan and a "Why audience could be farmers Save Farmland?" fact sheet. . and farmland owners. At each workshop, participants would Estimated cost: $1,000 to learn about the agriculture- $10,000, depending on the related policies and programs number of workshops, recommended in the 2001 timing of workshops (e.g., General Plan. They could consecutive or learn about the benefits and nonconsecutive days ), drawbacks of each travel expenses for program/policy, as well as speakers and type/amount how similar programs/policies of workshop handouts. are being used around the country to ensure that farming . Brochures: AFT could is economically viable and develop two brochures - one environmentally sustainable. for farmers/farmland owners 11 --------.--- ---, --- ------- and one for the general public phone vs. mail), number of - that describe the questions and final product agriculture-related policies (e.g., press release, and programs that are brochure ). recommended in the 2001 General Plan. The brochures . Media Outreach: Working could include photos from the with the campaign committee, city and county and quotes AFT could develop and carry about the plan from local out a media campaign about residents. The brochure for the 2001 General Plan and farmers/farmland owners the numerous benefits of could be mailed to each protected farmland. Among farmer/farmland owner in the the services AFT could offer is city and county. The brochure the distribution of news for the general public could be release to designated available at the general public audiences via fax and e-mail workshops described above and following up with calls to and at other pertinent venues target media, drafting talking in the city or county. points for editorial board meetings, providing a Estimated cost: $5,000 per template for a news releases brochure, depending on about the project with quotes design specifications and from AFT staff, and creating a number of brochures printed. Web page about the agricuture policies in the 2001 . Public Opinion Poll: To General Plan that includes gauge public opinion on the hyperlinks to related work or city's strategy, the future of partner organizations. agriculture in the city and/or options for funding the Estimated cost: $1,000 to strategy, AFT could conduct a $5,000, depending on public opinion poll. which services are needed. Estimated cost: $15,000, depending on type of survey format used (e.g., Central Coast Buy Fresh, Buy Local The Central Coast Buy Fresh, Buy personal time, money and passion Local (BFBL) is a recently for the betterment of local farmers. established countywide group, which This group numbers approximately formed from a . nucleus of 25 individuals who bring expertise agriculturally involved individuals from many diverse fields and who have donated large amounts of occupations including: small farmers 12 (who sell vegetables, fruit, meat, and measurably increase local product cut flowers to local consumers via sales. The program uses a "Buy farmer's markets, on-site produce Fresh, Buy Local" logo at the point of stands and direct sales to purchase that allows the shopper to independent markets ), marketing identify a local product without professionals, conservation experts, having to look closely at the product and University faculty. The BFBL labeling. The logo also serves to Campaign has recently fostered an reinforce and educate consumers of affiliation with the Community the agricultural resources within our Alliance for Family Farmers and local communities. Reproduced operates under its 501 (c)(3) status. below is our label which is unique to farmers within the County of San The focus of BFBL efforts is on a Luis Obispo, including those farmers program to encourage local within the City of Arroyo Grande. consumers, through a marketing campaign, to purchase products from local farmers and ranchers. BFBL is committed to the belief that consumers reap far-reaching benefits by purchasing locally grown food and agriculture products. These benefits include: . Getting the freshest produce available. On average, food travels 1,300 miles to reach your dinner plate; . Helping to strengthen our local economy by keeping our Figure 2. Buy Fresh, Buy Local label. food dollar here; . Buying local foods helps to With financial support from the City support our farming neighbors; of Arroyo Grande our organization and can purchase, at a reduced cost, . By keeping our remaining marketing items such as food labels, family farms viable, we preserve point of sale cards, educational our open space. posters about the importance of local agriculture, buttons, t-shirts, and Proposed Program cloth shopping bags. A breakdown of The "Buy Fresh Buy Local" Program items and costs are presented in the works at many different levels to following table. [Add. table when educate the public about the benefits available.] of purchasing locally grown products and has as its ultimate goal to 13 "-"~'"""--'-- Central Coast Agritourism Council Today, farmers and ranchers are map, which will be distributed to the often looking for additional revenue thousands of visitors annually sources to sustain their rural traveling throughout the central operations. At the same time, the coast. In addition to the guide, we public seems to be more and more are developing a web site interested in experiencing the (www.agadventure.org) to showcase farming and ranching way of our area's farms and ranches. life. ..Enter Agritourism, a concept which puts together the curious With financial support from the City public with the business needs of the of Arroyo Grande our organization typical farm or ranch. The result is a can hold a workshop in Arroyo wide variety of popular enterprises Grande to inform agriculture parcel like trail rides, farm stands, hunting owners about productive agritourism operations and u-picks.Additional operations, assist in developing a ventures include traditional rural successful program through our activities such as cheese making, n~twork of participants and include specialty livestock, festivals, and these new program on future maps. farm stays. Educational events can help consumers understand what makes a farm or ranch viable or how value is added through production and packing. This year, on the central coast, a small group of farmers and ranchers have gotten together with local tourist professionals to promote our agricultural way of life. We've chosen agritourism as our vehicle to educate the public and help diversify our income sources. We've formed the Central Coast Agritourism Council (CCAC) as our marketing association. We encourage involvement from any producer interested in the direct marketing of locally grown central coast products or agricultural operations that lend themselves to visits. Our goal is to help identify additional revenue sources for the small farmer or rancher, keeping our business viable. We will be creating and promoting a producers guide 14 -".--."---- General Plan LanQuaQe It is recommended that the 2001 General Plan Policies outlined in Ag4-1 through 4-6 be amended to refer to the program proposals discussed in this document. The following are the recommended additions: Ag4-1.2 Develop an agriculture directional sign program to educate and inform citizens and visitors about agriculture resources/products within the City of Arroyo Grande. Ag4-1.3 Support local and countywide programs that educate the public about agri-tourism and the benefits associated with buying local agriculture products. Ag4-3.2 Occasionally hold small parcel farming workshops in cooperation with the University of California Cooperative Extension program and other local and countywide organizations. Ag4-3.3 Support the American Farmland Trust in their efforts to educate citizens and agriculture parcel owners about current and effective techniques that make farming and farm preservation economically viable and environmentally sustainable. Ag4-4.4 Modify Development Code language to allow for signage to advertise individual farms, agricultural products grown or raised on the premises and agriculture relate activities such as farm tours and farm stay operations. Summary of Staff Recommendations Related to Aariculture Enterprise Support The following table summarizes staff's recommended actions regarding an agriculture enterprise support program. PROJECT/POLICY RECOMMENDATION Cooperative Produce Sales Provide funding in the amount of $500 to implement the study as proposed by Cal Poly student Debra Garrison. Small Parcel Farming Workshop Provide funding in the amount of $2,000 to the University of California Cooperative Extension to implement the Small Parcel Farming Workshop as proposed. Development Code Sign Provisions Amend Development Code sections 16.60.050 (H) and (K.2) to reflect proposed changes in this report. This amendment should be postponed until staff can initiate a comprehensive update of Development Code Chapter relating to signs. 15 ..,.,....,,',.._..--""-,- Agricultural Directional Sign Program Direct staff to implement program after the comprehensive update of Development Code Chapter 16.60. Education and Outreach Program 1. $4,000 to the American Farmland Trust to develop a joint workshop related to Agriculture Conservation Easement Program. 2. Provide funding in the amount of $2,000 to Central Coast Buy Fresh, Buy Local program for the purchase of educational materials. 3. Provide funding in the amount of $2,000 to the Central Coast Agritourism Council to host workshops to encourage agritourism within the City of Arroyo Grande and its environs. Table 2. Summary of staff's recommendations. General Plan LanQuaQe It is recommended that the 2001 General Plan Policies outlined in Ag4-1 through 4-6 be amended to refer to the program proposals discussed in this document. The following are the recommended additions: Ag4-1.2 Develop an agriculture directional sign program to educate and inform citizens and visitors about agriculture resources/products within the City of Arroyo Grande. Ag4-1.3 Support local and countywide programs that educate the public about agri-tourism and the benefits associated with buying local agriculture products. Ag4-3.2 Occasionally hold small parcel farming workshops in cooperation with the University of California Cooperative Extension program and other local and countywide organizations. Ag4-3.3 Support the American Farmland Trust in their efforts to educate citizens and agriculture parcel owners about current and effective techniques that make farming and farm preservation economically viable and environmentally sustainable. Ag4-4.4 Modify Development Code language to allow for signage to advertise individual farms, agricultural products grown or raised on the premises and agriculture relate activities such as farm tours and farm stay operations. 16 _._--._~-- --- .' . . A TT ACHMENT 3 , . " ~ !.... , . :~. ~: :~ . :'j ,., .. - ~. . CITY. OF' ARROYO GRANDE , - ., INITIAL STUDY AND j DRAEI MITIGATED N'EGA TIVE DECLARATION, . - . .; . ~ .. .: . " . .. , , . , .. ., . 1, Project Title: General Plan Amendment 03-003' :: . , 2,tead Agency Name & Address: City 'of Arroyo Grande P.O. Box 550/214 E. Branch Str~et' Arroyo Grande, CA 93421 3, Contact Person & Phone #: ' Teresa McClish, Associate Planner . .(805) 473-5420 4, Project L9cation: Ag-designated parcels - City of Arroyo Grande Arroyo Gra!1pe, CA 93420 5, . Project Sponsor's Name & Address:' City of Arroyo Grande 6, General Plan Designation: Agriculture (AG) . 7. Zoning: Agri~ulture (AG)'and Agriculture Preserve (AP) 8, Project Description: This initial study and negative Declaration (NO) is prepared pursuant to the California Environmental Quality Act (CEQA) for General Plan "Amendment 03-003 ("project-) in accordance with CEQA, Public Resources Code Sections 21000 et seq., and the CEQA Guidelines. This . NO is a public document,to be used by the Cit to determine whethe~ the Project may hav~ a significant effect on the environment. The Program Environmental Impact Report prepared for the 2001 Arroyo Grande General Plan Update was used as a resource for this NO, The program EIR contains supporting environmental studies, as well as extensive goals, policies, and implementation programs designed to identify and ad~re~s the environmental. impacts of development within the City. The project is a General Plan Amendment to amend the Agricultural, Conservation and Open Space , Element for Implementation Policies related to the development of Agricultural Conservation Easement and Agricultural Enterprise Programs and revision of Objective Ag1 and p,olicies f\91-~, Ag~-5.a_nd Ag3..6 for minimizing Conversion of Agricultural Lands and Ag 3-11 allowable densitY forproperties"de'signated Agriculture for the purposes of providing farm-worker housing. 9, Other Agencies whpse approval is required (and pennits and/or licenses ~eeded): na . --'. DETERMINATION On the basis of this Initial evaluation: ,. ' ".~. ~.-t . ' -; ~-.. I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DEClARATION --',.'j< will be prepared. _0' .". _:: . .. .'-.'.-. -. .- I find that although the proposed project could have a significant ~ffect on ~e environment, there will not be a significant ~ffect -, in this case because the mitigation measures described on an attached shef!'~ ha~e been added to the project. A NEGATIvE ,.'.' . ' DEClARATION will be prepared. . , 0_. ,; -- -' '!.. . :. I find thatthe proposed prolect MAY have'a significant effect on the environm~nt, and an ENVIRONMENTAL IMPACT REPORTls requIred. ' .: - . " , ' - I find that the proposal MAY have a signif.icant effect(s) on the environment, but .at least one effect 1) has been adequately , -'- analyzed In ~m earfier.document pursuant to applica!>le legal standards, and 2) has been.addressed by mitigation measures based on the earfier analysis as described on attached sheets, if the effe~ I~ a "potentially significant Imp~ct'; or "potentially significant unless mltiga,ecl", An ENVIRON~ENTAL IMPACT REPORT Is required, but it must analyze only the effects that ' remain to be addressed. . " . - - Signature Date ., ,. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: . , The environmental factors checked below 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. o Land Use and Planning o Biological Resour~s . o Public Services o Population and Housing o Energy and Mineral Resources o Utilities and S.ervice Systems o Geophysical o Hazards o Aesthetics o Water o Noise o Cultural Resources o Air Quality o Mandatory Findings of Significance o Recreation o Transportation/Circulation EVALUATION OF ENVIRONMENTAL IMPACTS: 1. . A brief explanation Is required for al1 answers except "No Impact" answers that are adequately supported by .the. information sources a lead agency cites in the parentheses fol1owing 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., ~e 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-~ite 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 les~ than significant level (mitigation measures from Section XVII, "Earfier Analyses", may be cross referenced.) - 0- '-. . , . - . . 5. Earlier analyses may be used where, pursuant' to . the- tiering, prOgram EIR, or 'other CEOA, process, an effect has be~n adequately analyzed In an earfier 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., o g~neral plans, zoning ordinances). A Source List should be attached and other sources used or individuals should be cit~d. in the discussion. . ~ : . - Potentially _ Issues (and Supporting Infonnation Sources): .....;,.." '\ ... Potentially ~ign1fi~an~. ::i~..: -...L.~ .~., ,:_..' _,~ ...."F~ Significant .unless . Than 'No.. .' _ ~mpa~t Mitigated , Significant Impact .". -.. ;"''';'-'-.' . 0..-. ., . .-Impactrc.c .. - - ._ _. ,n _ ._ .' - I, LAND USE AND PLANNING, Would the proposal: , a) Conflict with general plan designation or zoning? (source #(s): 1,2,3.4) -'. "'-. -.... -X b) Conflict with applicable environmental plans or policies .' X adopted by agencies With jurisdiction over the project? . . (source #(s): 1,6) . .- . c) Affect agricultural resources or operations (e.g.. impacts to soils or fannlands, or impacts from incompatible land. uses)? (source #(s): 11) X .- d) . Disrupt or divide the physical arrangement of an established community (including a low-income or minority . community)? (source #(s): 2,4.11) . X- . II. POPULATION AND HOUSING: Would the proposal: . a) Cumulatively exceed official regional or local population projections? (source #(s): 1,5.9) X . b) Induce substantial growth in an area either directly or indirectly (e.g.. through projects in an undeveloped area or extension of major infrastructure)? (source#(s): 9,10) X c) Displace existing housing, especially affordable housing? (source #(s): 9,10,11) X III. GEOPHYSICAL: Would the proposal result in or expose people to potential Impacts involving: a) Seismicity: fault rupture? (source #(s): 5.6) X b) Seismicity: ground shaking or ~quefaction? (source #(s): 5,6) X - c) Seismicity: seiche or tsunami? (source #(s): 5.6) X d) landslides or mudsUdes? (source #(s): 5.6) X e) Erosion, changes in topography or unstable soils . conditions from excavation. grading or fill? (source#(s): 10) X 1) Subsidence of land? (source #(s): 5,6) X g) Expansive soils? (source #(s): 5,6) X h) Unique geologic or physicalfeatures? (source #(s): . 5,6,10,11)' X IV, WATER: Would the proposal result In: a) Changes in absorption rates, drainag~ patterns, or the rate and amount of surface runoff? (source #(s): 10) X b) Exposl!re to people or property to water related hazards such as flooding? (source #(s): 8) .. . >..'::- X'.;. ,-. c) Discharge into surface waters or other alteration of surface . .. - water quality (e.g., temperature, dissolved oxygen or . turbidity? (source #(s): 9) X d} Changes in the amount of surface water in any water body? (source #(s): 9,10) .X - Potentially Issues (and Supporting Information ~ources): Potentially Significant Less -~,.. . ;.- ~ ' Significant UnleSs Than No . .. , Impact Mitigated:>:,'. Slgnlfica!,(;::~:.. ,Impact' . ..1 Impact, . e) Changes in currents, or the course'ordirection of water' , ,.....' ~.', .--:. - .... ".-,. ," . ,- .".....:.,;-..-;, !....-.,.~~ :'~...- .~ ." .. movements? (source #(s): 9, 10) ....". " > X:'.. ;" : f) Change in the' quantity of ground waters, either through , . .. . "X direct additions or withdrawals, or through Interception of an aquifer by cuts or excavations? . ., - (source #(s): 9, 10) .. g} Altered direction or rate of flow of groundwater? (source " X'. #(s): ~,1.~) -. . '. h) Impacts to groundwater quality? (source #(s): 9,10) X". I) Substantial reduction in the amount of water otherwise .. . available for public water supplies? . . (source #(s): 6) . . X V, AIR QUALITY: Would the proposal: ... a} Violate any air qu'ality standard or'contribute to an existing or projected air quality violation? (source #(s): 7, 13) X b} Expose sensitive receptors to pollutants? (source#(s): 10,11} X c) Alter air movement, moisture, or temperature, or cause any change in dlmate? (source #(s): 9) . X d) Create objectionable odors? (source #(s): 9!10) X VI. TRANSPORTATION/CIRCULATION.. Would the proposal result in: a} Increased vehide t~ps or traffic congestion? (source #(s): X 13) b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., fann equipment)? (source #(s): 9, 10) X. c) Inadequate emergency access or access to nearby sites? (source #(s): 9, 10) X d) Insufficient parking capacity on-site or off-site? (source #(s): 3,9, 10) X e) Hazards' or barriers for pedestrians or bicydists? (source #(s): 9, 10) X f) Conflicts with adopted policies support!.ng alternative transportation (e.g., bus turnouts, bicyde racks)? (source X #(s): 9,10) 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, animals, and birds? (source #(s): 6) X b) Locally designated species (e.g., heritage trees)? , (source #(s}:10, 11) X . .. - . . -~ " . - -. c) Locally designated natural communities (e.g., oak forest, - -- "". - . ~.'_. - . . . X......,; c'.'" coa~tal habitat)? (source#(s): 10,11} --..- .. .- d) Wetland habitat (e.g.; marsh, riparian and vernal poo~? -.... X'...., . (source #(s): 11) e} Wildlife dispersal or migration corridors? (source #(s): 11) X,;, . . VIII. ENERGY AND MINERAL RESOURCES, Would the proposal: ., a) Conflict with adopted energy conservation plans? ..'. .. , ~ -'.. ~ ~- (source #(s): 1, 6) '- .--- . ':. -,-,.' X-; b) Use non-renewable resources in a wasteful and inefficient . , . . -" manner? (source#(s): 9,10) .- .-. ,X IX. HAZARDS. Would the proposal involve: . . a)A risk of accidental explosion or release of hazardolis '. substances (including. but not 6mited to: oil, pesticides. '. chemicals or radiation? (source ~s): 9) 'X b) Possible interference with an emergency response plan or emergency evaaJation plan? (source ~s): 9, 10) .. . X c) The aeation of any health hazard or potential health hazard? (source#(s): 9.10) . X d) Exposure of people to existing sources of potential health . hazards? (Source #(s): 9.10,11) X e) lnaeased fire hazard in areas with flammable brush, grass, or trees? (source#(s): 10.11) X X. NOISE. Woufd the proposal resu/t in: - a) lna'eases in existing noise levels? (source ~s): 1,9) X b) Exposure of people to severe noise levels? (source #(s): 9, 10) X XI. PUBUC SERVICES. Would the proposal have an effect LpotJ, or result in a need for new or altered go'l'emment servfces in any of the fol1cw.fng areas: a) Fife Protection? (source #(s): 6) X b) Po&:e Protection? (source ::(s): 6) X c) Sd-.ools? (source #(s): 6) X d) MaIntenance of publ:'C facit1ies. including roads? - (source #(s): 6) X e) OUter governmental services? (sowce #(s): 6) X XII. U TlLmES AND SERVICE SYSTEMS. Would the prr:iposaJ leS!.."t in a need for new systems. or substanlia1 alterations. to the following utilities: a) PO',',-er or natural gas? (source #(s): 9, 10) X b) Communications systems? (source #(s): 9. 10) X - c) local or regional water treatment or d"1Stribution facilities? (source #(s}:6) - X d) Stonn water drainage? (source #{s}: 6) X e) Solid waste ClSposal? (source #(s): 6) X XIII. AESTHETICS. . Would the proposal: a) Affect a scenic vista or scenic highway? (source#{s): 1,10,11) X b) Have a demonstrable negative aesthetic effect? . (source #(s): 9. 10, 11) X c) Create light or glare? (source ~s): 9.10) X XIV, CULTURAL RESOURCES. Would the proposal: . ~ - , ,. ." ". a) Disturb paleontological resources? (source #(s): 6, 11) -x b) . Disturb archaeological resources (source #!(s): 6,11) .~ ~ .:;~.~ ::<.:t.~ 'VL': '''.r~';'!~'~::::"f'-~~: ~.'='-"~-'.X"-.; :'!>~:'.: i'-./:..-: -,_:";" {:_ c) Affect historical resources? (source 'I1(s): 6, 11) ..". ... , .-." - X d) Have the potential to cause a physical change which would. . -' ; affect unique ethnic cultural values? (source #(s): 11) .. ~ . J X e) Restrict existi!'lg religious or sacred uses within the . -. .." potential Impact area? {source #(s): 10, 11) . . . . . . X ,'. XV, RECREATION. Would the proposal: .. . >.j .;)~ a) Inaease the demand for neighborhood or regional parks or . other reaeational facilities? (source #(s): 1,3) . - - -... "O- X b) Affect existing reaeational opportunities? (source #(s): 1, 5) X - .- 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 tJie major periods of Califomla history or prehistory? . _' . X b) Does the project have the potential to achieve short-term, to the disadv~ntage of long-term, environmental goals? X c) Does the project have Impacts that are individually limited, . but cumulatively considerable? f'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 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 us~d. 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. - - , Authotity: Pubroc Resoun:es Code Sections 21083 and 21087: - . . ..--..---.... .-' . .. ~'. .'. .:; Reference: Public Resoutces Code Sections 21080(c). 21080.1. 21080.3. 21082.1,21083, 21083.3, 21093, 21094, 21151: SIQIsItolJ\.Y. County of Mendocino. 202 tal /.fJp. 3d 296 (1988): LeonoIf... Monterey Board of Supervisors, 222 Cal App. 3d 1337 (1990). ... --.- .- .-. .. " . -. . . '0 . .. SOURCE LIST: . - " - . . 1. City of Arroyo Grande General Plan(October2001)- '. '-. :'~-i::-:! ;;-~ '~~:~"..1:':~"'..~"'.:'; .;: .z'~ ::~i~ i~: :: _"; ~ : ." - .. .- .". - _.#'" - - - ~,. . . , . " .;.' --." .-. 2. City of Arroyo Grande General Plan Land Use Map (October 2001) _ :,' - ...... -. ." , . .. '. .. , , 3. City of A:royo Grande Develo~ment Code ." " 4. City of Arroyo Grande Zoning Map t' . -- '. '. , . " ," - 5. City of Arroyo Grande Existing Setting and Community Issues Repprt - , _ 6. City of Arroyo Grande General Plan Program EIR (October 2001) ~ .'- 7. Air Pollution Control District Clean' Air Plan - . .. 8.- FEMA ':' Flood Insu~nce Rate Map 9. Project Description " 10. Project Plans 11. Site Inspection .. 12. Ordinance 521 C. S. . 13. Institute of Traffic Engineers (lTE) Trip Generation Manual 14. Coordinated Agricultural Support Program (CASP). Perspective Planning updated 1997. 15. Report on the Conservation of Prime Agricultural Resources in tl)e City of Arroyo Grande. 2003. . - ENVIRONMENTAL SETTING: The Project relates to approximately 355 acres of land designated Agriculture on the City's General Plan Land Use Map~ The City is 5.45 square miles in size and is bounded by the Cities of Grover Beach and Pismo Beach to the southwest and west, and by the unincorporated county to the north. east and south. Agricultural uses dominate the Arroyo Grande Valley that extends through the City and to the northeast and south of the City. The majority of the Agricultural acreage in the City contains Class I and II soils and is considered by the City to be prime farmland. - EXPLANATIONS: I. LAND USE AND PLANNING . Land uses within the City are governed by the General Plan. which designates appropriate land uses throughout the City and defines specific goals. policies and objectives for each category., Title 16 of the Municipal Code contains specific regulations for associated zoning districts:The General Plan includes the land use designation of AgriciJlture' and zoning. designations 'include' bOth Agricultore and Agriculture Preserve Districts for those' properties under the Williamson' ACt. designation.-. For example the GeQeral Plan Agricultural. Conservation and Open Space Element contains six primary objectives for Agricultural lands relating to the preservation Prime farmland. the conse'rvation :of non-p'iime farmland, policies to avoid fragmentation of Agricultur~f. lands al'!d protect resourCes for agricultural use, maintaining or. expanding current acreage of agricultural uses. supporting the economic-viability of agriculture. promoting the coexistence' of ~griculture and urban lan<;f, uses 'and requiring m!nimu~ development st~ndards fo~ . ' . lands designated Agriculture. : - . The Project includes revisions to policies and implementation programs to further the. ~tated objectives in the AgriculturalJ Conservation and Open Space Element. The Project. identifies the Agricultural Conservation E,asement as a tool to achieve conservation of Agricultu~al resourCes within the City through' voluntary easements as well as a mechanism to. mitigate impacts of. potential conversions of Agricultural, lands. . .' " The Project:also provides for consistency within the stated policy objecti~es by revising .Agricult~ral Objective 1 to exclude the phrase II minimize" which potentially ,conflicts with. other stated policies' within the Plan, Additionally, the project allows for the inclusion of farm-worker. housing on non- prime Agricultural properties consistent with Objective J5 in the General Plan Housing Element. All development proposals requiring environmental review will be required to identify mitigation m~asures consistent with all Elements in tl:le General Plan to mitigate impacts on land use and planning to les than significant or no impact levels, . .' Analysis of Significance: less than significant impact II, POPULATION & HOUSING" The Project provides for limited housing specifically for farm-workers on non-prime Agriculturally designated parcels but is not expected to increase the projected population in the City beyond that identified in the General Plan. The Housing Element provides policies and programs to accommodate additional housing. Analysis of Significance: less than significant impact III, GEOPHYSICAL The Project could result 'in limited housing development on 'Agricultural parcels which would evaluated based on location and assessment of, specific soils. and geologic studies prior, to development. The" Agricultural parcels are not located in the ~reas identified ,as having the highest landslide and erosion exposure identified in the Program EIR for the General Plan. Analysis of Significance: Less than significant impact IV, WATER RESOURCESIDRAINAGE Critical water resource issues are analyzed in the Program EIR for the General Plan and a Statement of Overriding Considerations adopted. The project is not anticipated to increase. agricultural production and associated water use to the extent beyond that allowed within anticipated build-out of the General Plan. Analysis of Significance: Le~s.than significant impact . V, AIR QUALITY Impacts to air quality were identified as significant and unavoidable in the 1990 and 2001 General Plans which included programs-to increase agricultural production, and required adoption of Overriding Considerations. Projects that involve construction of housing units will be subject to project-specific environmental review. Analysis of Significance: Less than significant impact VI, TRANSPROTA TION/CIRCULATION A statement of overriding considerations was adopted for the 2001 General Plan because of many regional circulation issues. The project does not specifically identify density or housing sites for potential farm-worker housing development, however, existing non-prime Agricultural.'parcels are not located in areas of having circulation defici~ncies identified in the General Plan. Fal1T1-worker housing may reduce traffic and commute times as. .housing IS: iocated' in closer"proximity', to' job~. The Project, .by implementation of Agricultural Conservation" Easements,is' 'not expected to incr~ase agricultural production, and therefore potential traffic obstrl.;/ction due to farm equipm'ent usage beyond the extent anticipated in the 2001 General Plan. Analysis of Signi{ican~e: Less than significant irl)pact . u. __ _ - ~-----_. ._---~-~---,,--- --- -----...--.--.. MINUTES A TT ACHMENT 4 PLANNING COMMISSION MARCH 2, 2004 Chair Guthrie asked for if the elevator height had changed from the original R Mr. Strong stated they are required to conform to the building height. The Commission stated they would prefer to see more diverse ar: that the project come back to the Commission as a Public Hea . Commissioner Brown made a motion, seconded by missioner Arnold, to require that Architectural Review Case No. 04-003 be returned Public Hearing with new drawings to reflect what was being proposed. The motion s unanimously approved on a 5/0 voice vote. Commissioner Arnold said he would o like to see the original drawings, as he was not at the Public Hearings when this wa eviouslyapproved. The Commission had conc s regarding the Tattoo Parlor, Plot Plan Review (PPR) 04- 002, and requested a P c Hearing for this item also. Commission Arnol ade a motion, seconded by Chair Guthrie, that Case No. PPR 04-002, be heard as a P ic Hearing. The motion was unanimously approved on a 5/0 voice vote. Commissi r Guthrie asked if the center sidewalk through the project, for the retail store building st of Santa Lucia Bank, was still handicap accessible? Mr. Strong said he would revie e recently revised plans approved by ARC, and report. back to the Commission. e Commission had no further concerns. III, PUBLIC HEARINGS: A, AG 1 GENERAL PLAN AMENDMENT 03-003 AND AG ENTERPRISE AND CONSERVATION PROGRAMS; APPLICANT - CITY OF ARROYO GRANDE; LOCATION - CITYWIDE (Continued from the Meeting of February 3,2004), Staff report prepared and presented by Associate Planner, Teresa McClish and Assistant Planner, Jim Bergman. Ms. McClish gave an overview and update on the proposed General Plan amendments, explaining that the General Plan Amendment proposal consists of four general items: 1. Revision of General Plan Objective Policy AG 1. 2. The revision/addition of policies and implementation measures for the Agricultural Support and Enterprise Program. 3. The revision of General Plan Policy Ag3-11 relating to farmworker housing. 4. The revision/addition of policies and implementation measures for Agricultural Conservation Easement Program (ACEP). Ms. McClish then explained the first three proposals in more detail. Mr. Bergman gave a brief overview of the Agricultural Support and Enterprise Program. Staff replied to Commission comments and questions. _..~_._.._.._---------- MINUTES PAGE 3 PLANNING COMMISSION MARCH 2, 2004 Chair Guthrie opened the Hearing for public comment. Sandy Sanderson, Arroyo Grande, stated his comment may not specifically apply to this item; he was new to the area and complimented the City Council and Planning Commission on the way they were handling the City. His concern was with the way City Council was handling the mitigation/restoration of oak trees; he would like to see a restoration program extend to a 'generation' for oak trees. Steve Ross, Garden Street, stated concern that since the redesignation of the Japanese Welfare Association to Ag land, would the use by the Boy Scouts be allowed to continue? Mr. Strong replied that the redesignation does not preclude existing non-conforming use. Chair Guthrie closed the Hearing to public comment. Commission Comments: Brown: . The word "minimize" should be stricken from AG1, it does not significantly change the General Plan. . He had concern about putting a lot of energy into small enterprise programs as the City Council seems to be focusing on the easement program; he would like to see items prioritized with easement issues first. . Re farmworker housing: he was not sure if the CUP process would be sufficient. Fowler: . No problem with leaving the word "minimize". . Why not look at the Ag Support and try the programs. . Re farmworker housing: the CUP process should be sufficient. Arnold: . He thought Buy local, Buy fresh Program an excellent idea. . The City should look at getting larger players for financial support for some of the proposed programs. . He supported staff on deleting the word "minimize". . Re farmworker housing: he agreed with Commissioner Keen that there should be some option on prime agricultural land when appropriate; he was opposed to a major centralized worker-housing program on non-prime agricultural lands; he would not like to see all low income farmworker housing in one place. Keen: . He would like to see the Agricultural Support and Enterprise Program (ASEP) (Exhibit 'A') taken out of the Resolution to allow more time for consideration of some of the programs. . He was not sure if the community would want to support all of the programs. Guthrie: . He supported Commissioner Keen on the deferral of the AESP. . He would like to see an additional program in place on ag easements and would support separating it out; he suggested establishing an easement valuation MINUTES PAGE 4 PLANNING COMMISSION MARCH 2, 2004 program, establish an actual fund and have a process that would serve as an initial contact; have an education program. . Re farmworker housing: he recommended dual policies presented to Council: 1. Allow any parcel for farmworker housing on any parcel over 20 acres or more for accessory farmworker housing. 2. A housing project (50 or maybe 100 units) supportable through the CUP process on either prime or non-prime parcels. Chair Guthrie made a motion, seconded by Commissioner Arnold, recommending City Council approve General Plan Amendment 03-003 amending the Agricultural Conservation and Open Space Element to revise General Plan objective Ag1, General Plan Policies & Implementation Measures relating to agricultural conservation easements including Ag1-3, Ag1-3.1, Ag3-5, Ag3-5.1, Ag3-6, Ag3-6.1 and General Plan Policy Ag3-11 relating to farm worker housing as modified, striking amendments to Ag4-1.2 through Ag4-4.4 and Exhibit "A" relating to Agricultural Support and Enterprise Programs, and modifying Ag3-11 relating to the allowance of farmworker housing in Agricultural Districts: . Supporting accessory farmworker units on any agricultural land of 20-acres or more; by CUP, and . Other farmworker housing on non-prime Ag land parcels of smaller size through the CUP process. and adopt: RESOLUTION 04-1916 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT 03-003 AMENDING THE AGRICULTURAL CONSERVATION AND OPEN SPACE ELEMENT TO REVISE GENERAL PLAN OBJECTIVE AG1, GENERAL PLAN POLICIES & IMPLEMENTATION MEASURES RELATING TO AGRICULTURAL CONSERVATION EASEMENT PROGRAMS, INCLUDING AG1-3, AG1-3,1, AG3-5, AG3-5,1, AG3-6, AG3-6,1 AND GENERAL PLAN POLICY AG3-11 RELATING TO FARM WORKER HOUSING, The motion was approved on the following roll call vote: AYES: Chair Guthrie, Commissioners Arnold, Brown and Keen NOES: Commissioner Fowler ABSENT: None The Commission also agreed to initiate amendments to Section 16.60.050 of the Municipal Code to be brought forward by staff at a later date. the foregoing Resolution was adopted this 2nd day of March 2004. The Commission took a 10-minute break. 10.a. MEMORANDUM TO: REDEVELOPMENT AGENCY BOARD OF DIRECTORS FROM: STEVEN ADAMS, c~ MANAGER/REDEVELOPMENT AGENCY EXECUTIVE DIRECTOR . *' SUBJECT: CONSIDERATION OF FIRST IMPLEMENTATION AGREEMENT WITH COURTLAND-ARROYO GRANDE, L.P, DATE: MARCH 23, 2004 RECOMMENDATION: It is recommended the Redevelopment Agency Board of Directors adopt the attached resolution, approving the proposed First Implementation Agreement with Courtland- Arroyo Grande, L.P., implementing and amending the Amended and Restated Affordable Housing Agreement. FUNDING: The Disposition and Development Agreement (DDA) previously approved by the Redevelopment Agency sets forth financial assistance in the form of a loan in the amount of $800,000. This amount was proposed to be funded approximately $360,000 from the Affordable Housing "In Lieu" Fee Fund, $40,000 from the Redevelopment Affordable Housing "Set Aside" Fund, and deferred payment in the amount of $400,000 from development impact fees. This Agreement will reduce the total amount of financial assistance to $682,836. Therefore, the amount of deferred fees will be reduced by $117,164 to $282,836. The Agency has also entered into two reimbursement agreements, which require the developer to pay all costs for consultant services associated with review and preparation of necessary documentation. Therefore, the City and Agency are incurring no direct costs associated with the work involved in preparing and processing these items. DISCUSSION: The Redevelopment Agency Board of Directors initially approved a DDA with Courtland- Arroyo Grande, L.P. for a proposed 108-unit affordable senior housing project at 1524 and 1542 East Grand Avenue at the March 20, 2002 meeting, which was extended by the Agency on September 30, 2003. The DDA was established in conjunction with an application by the developer for 9% tax credits from the Tax Credit Allocation Committee (TCAC). At the' December 9, 2003 meeting, the Redevelopment Agency CITY COUNCIL CONSIDERATION OF FIRST IMPLEMENTATION AGREEMENT WITH COURTLAND- ARROYO GRANDE, L.P, MARCH 23, 2004 PAGE 2 Board of Directors approved the Amended and Restated Affordable Housing Agreement in conjunction with an application for 4% tax credits. The City's Housing Element Update was approved by the City Council on November 25, 2003. Policy B.3-1 of the Housing Element states that "the City shall modify its development impact fee schedule to charge no impact fees, excluding water and sewer fees, for very low-income housing units, and 75 percent lower fees for low-income housing units." When this policy is implemented, it is estimated that the City's development impact fees for the Courtland-Grand senior affordable housing project will be reduced by $234,328. As a result, staff and the Agency's consultant have negotiated an amendment to the DDA to reduce the amount of financial assistance provided to the project contingent upon the proposed reduction in fees. It was agreed to reduce the amount of financial assistance by 50% of the savings amount. The attached First Implementation Agreement will implement this change. Staff plans to present the fee modification to City Council for consideration at the April 13, 2004 meeting. The tax credits were approved and accepted by the developer in December 2003. The developer is now marketing the tax credits and processing documentation for issuance of tax-exempt bonds, which are provided as part of the 4% tax credit program. The deadline for issuance of the bonds is April 5, 2004. The Agency's redevelopment consultant and special legal counsel are reviewing the documentation to ensure the City/Agency's rights are protected and consistency with the terms of the DDA. The developer is also continuing to resolve issues involved in financing of the project. A significant setback was experienced when the project appraisal was lower than originally expected, which has impacted initial equity available to the project. In order to assist in addressing this problem, staff is recommending the timing of the availability of a portion of the funding assistance be modified. According to the original DDA, $400,000 would be provided as a credit toward City fees at the time the fees are paid; $200,000 would be disbursed to the developer upon completion of construction and $200,000 would be disbursed to the Developer at "stabilized occupancy." The attached First Implementation Agreement would provide $557,981 as a credit toward City fees when the fees are required to be paid, and the remainder would be provided at the time the certificate of occupancy is issued. The $557,981 is the total amount of City fees. Therefore, instead of disbursing the $400,000 in assistance from the Affordable Housing In Lieu Fee and Redevelopment Affordable Housing Set Aside Funds to the developer, it will be transferred to the City's fee accounts. By doing this, it assists the developer, but also does not increase the amount of RDA financial assistance and limits the City's risk because the funding would remain with the City if construction does not proceed for some reason. Once construction is completed, the risk of problems is much less due to the substantial investment from tax credit investors, which would be lost if the affordability provisions were modified. S:\CITY MANAGER\STEVE\Council Reports\3.23.04 Courtland-Grand Senior Housing Project.doc '_'O__'_.'_"_"'_'~_"'__.'_,""'_"'",~"_'''_''''__~_''';__'_"."__ CITY COUNCIL CONSIDERATION OF FIRST IMPLEMENTATION AGREEMENT WITH COURTLAND- ARROYO GRANDE, L.P, MARCH 23, 2004 PAGE 3 The developer has also submitted design revisions to the fac;ade of the project, which staff feels enhance the project and better integrates it with the Santa Lucia Bank design. The changes were reviewed and approved by the ARC. The Planning Commission appealed the decision, but did not overturn it after a 2-2 vote. No modifications to the site plan were proposed. Therefore, City Council consideration is not required. A copy of the revised elevation is attached for your information. AL TERNA TIVES: The following alternatives are provided for the Redevelopment Agency Board of Directors' consideration: - Adopt resolution approving the First Implementation Agreement with Courtland- Arroyo Grande, L.P., implementing and amending the Amended and Restated Affordable Housing Agreement; - Modify the proposed Agreement to reduce the financial assistance, but do not change the timing of the financial assistance provided from the loan, and adopt the resolution; - Make other modifications and adopt the resolution; - Do not adopt the resolution; - Provide direction to staff. Attachments: 1. First Implementation Agreement with Courtland-Arroyo Grande, L.P. 2. Courtland Senior Housing Elevation S:\CITY MANAGER\STEVE\Council Reports\3.23.04 Courtland-Grand Senior Housing Project.doc RESOLUTION NO, RDA 04-_ A. RESOLUTION OF THE ARROYO GRANDE REDEVELOPMENT AGENCY APPROVING A FIRST IMPLEMENTATION AGREEMENT BETWEEN THE AGENCY AND COURTLAND - ARROYO GRANDE PARTNERS, L.P, WHEREAS, the Agency and Courtland-Arroyo Grande, L.P., a California limited partnership (the "Developer") entered into that certain Disposition and Development/Affordable Housing Agreement dated as of March 20, 2002 (the "Prior Agreement"); and WHEREAS, the Agency and the Developer subsequently entered into an Amended and Restated Affordable Housing Agreement dated as of December 9, 2003 (the "2003 Agreement"), which amended the Prior Agreement; and WHEREAS, the Developer and the Agency now desire to amend certain specified terms in the 2003 Agreement, as set forth in a draft First Implementation Agreement in the form submitted herewith (the "First Implementation Agreement"); NOW, THEREFORE, BE IT RESOLVED by the Arroyo Grande Redevelopment Agency as follows: 1. The First Implementation Agreement, in the form submitted herewith, is hereby approved. 2. The Executive Director of the Agency is authorized and directed to make final, technical modifications to the First Implementation Agreement consistent with the material provisions of the Agreement approved hereby, and to finalize the document for signature by the Agency Chairman, and the Chairman is thereafter authorized and directed to sign the First Implementation Agreement on behalf of the Agency. 3. The Executive Director of the Agency is authorized and directed to take such other and further actions and execute such other and further documents as may be necessary to implement and effect the 2003 Agreement, the First Implementation Agreement and this Resolution on behalf of the Agency. On motion of Board Member. , seconded by Board Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this _day of March, 2004. RESOLUTION NO, RDA 04-_ PAGE 2 TONY M, FERRARA, CHAIR ARROYO GRANDE REDEVELOPMENT AGENCY ATTEST: KELLY WETMORE, AGENCY SECRETARY ARROYO GRANDE REDEVELOPMENT AGENCY APPROVED AS TO CONTENT: STEVEN. ADAMS, EXECUTIVE DIRECTOR ARROYO GRANDE REDEVELOPMENT AGENCY APPROVED AS TO FORM: TIMOTHY J. CARMEL, GENERAL COUNSEL ARROYO GRANDE REDEVELOPMENT AGENCY --- - --~--- ATTACHMENT 1 FIRST IMPLEMENTATION AGREEMENT by and between ARROYO GRANDE REDEVELOPMENT AGENCY and COURTLAND-ARROYO GRANDE, L.P., a California limited partnership (IMPLEMENTING AND AMENDING THE AMENDED AND RESTATED AFFORDABLE HOUSING AGREEMENT) FIRST IMPLEMENTATION AGREEMENT TIDS FIRST IMPLEMENTATION AGREEMENT (the "First Implementation Agreement"), dated, for identification purposes only, as of March 15, 2004, is entered into by and between the ARROYO GRANDE REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), and COURTLAND-ARROYO GRANDE, L.P., a California limited partnership (the "Developer"). R~CIIAL~ A. Agency is a California redevelopment agency acting under the California Community Redevelopment Law, Part 1 of Division 24 of the Health and Safety Code (the "Redevelopment Law"). B. The Redevelopment Plan for the Arroyo Grande Redevelopment Project, (sometimes referred to as the "Project") was adopted by Ordinance No. 479 C.S. by the City Council of the City of Arroyo Grande (the "Redevelopment Plan"). The redevelopment project area for the Redevelopment Plan as so amended constitutes the "Project Area." C. The Agency is authorized and empowered under the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq. (the "Community Redevelopment Law"), to enter into agreements for the production, improvement, or preservation of affordable housing to households oflimited income, with such housing to be available at Affordable Rent. D. The Developer is experienced in the development and operation of affordable multi- family housing, particularly in San Luis Obispo County. E. The Agency and the Developer entered into that certain Disposition and Development! Affordable Housing Agreement dated as of March 20, 2002 (the "Original Agreement"), which was amended by that Amended and Restated Affordable Housing Agreement dated as of December 9,2003 (the "2003 Agreement"). F. The Developer and the Agency desire to amend certain terms in the 2003 Agreement as set forth in this Agreement. Except as modified by the express provisions of this First Implementation Agreement, the 2003 Agreement shall remain in full force and effect. G. This First Implementation Agreement is in the vital and best interest of the City of Arroyo Grande, California, and the health, safety and welfare of its residents. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 2 1. Capitalized terms shall have the meanings established under the 2003 Amendment. 2. The City is considering the adoption of a reduction in the City's impact fees (the "Proposed Reduction"). As applied to the development provided for by the 2003 Amendment, if the Proposed Reduction is passed, the effect would be to reduce the City impact fees owing from the Developer by Two Hundred Thirty-Four Thousand Three Hundred Twenty-Eight Do1.lars ($234,328) from that amount which was determined as of the date of approval of the 2003 Agreement. The Agency and the Developer agree that, if the City adopts the Proposed Reduction, it is appropriate to reduce the amount of the Agency Disbursement Amount. In the event of the Proposed Reduction is approved, the Agency Disbursement Amount" shall be deemed to be amended to the following: "Agency Disbursement Amount" means an amount equal to the lesser of (i) those Agency funds disbursed in conformity with Section 4.16.1 of this Agreement or (ii) the lesser of (a) Six Thousand Three Hundred Eighty-One Dollars and Sixty Four Cents ($6,381.64) for each of the Required Affordable Units, or (b) Six Hundred Eighty-Two Thousand Eight Hundred Thirty-Six Dollars ($682,836.00). 3. In the event the Proposed Reduction is approved, Section 4.16.1 of the 2003 Agreement shall be amended to the following: "4.16,1 Provided that the Conditions Precedent to Disbursement have first been satisfied, the Agency shall make available to or for the benefit of the Developer the Agency Disbursement Amount in installments as follows: (i) Five Hundred Fifty Seven Thousand Nine Hundred Eighty One Dollars ($567,981.00) of the Agency Disbursement Amount shall be disbursed to City toward the City's fees at the time the City customarily collects the City's Parks and Recreation Fee; and (ii) the balance of the Agency Disbursement Amount (namely, $124,855) shall be disbursed to Developer upon sign-off by the City's building official for the last structure to be built as part of the Improvements 4. The definition of "Developer's Fee" as set forth at page 4 of the 2003 Agreement is hereby amended to read: "Developer's Fee" means One Million Two Hundred Thousand Dollars ($1,200,000) for the purposes of calculating the division of residual receipts under the Agency Note. For all other purposes, the Developer's Fee shall be deemed to be that amount determined in accordance with customary TCAC practices. 5. This First Implementation Agreement shall be interpreted to effectuate the terms of the original Agreement, in accordance with the laws of the State of California, and as if prepared and reviewed equally by both parties. 6. The 2003 Agreement as modified by this First Implementation Agreement collectively constitutes the "Amended Agreement." Except as expressly modified by the provisions set forth herein, all provisions of the 2003 Agreement shall remain in full force and effect and shall be unmodified by the provisions hereof. 3 -"-"-'-'-"";.'~ ,--,."..,.,......-~""_.--.....- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. DEVELOPER: COURTLAND';ARROYO GRANDE, L,P, (a California limited partnership) By: Foundation for Affordable Housing, Inc. a California Corporation (Its:. General Partner) - By: Thomas E. Willard Its: President By: MFP A, Inc. a California Corporation (Its: General Partner) By: Sean Clark Its: Vice-President AGENCY: ARROYO GRANDE REDEVELOPMENT AGENCY, a public body, corporate and politic By: Steven Adams, Executive Director ATTEST: Kelly Wetmore Director of Administrative Services! 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CITY COUNCIL PRE-APPLICATION 04-004 MARCH 23, 2004 PAGE 2 DISCUSSION Backaround The project site is generally bounded by East Cherry Avenue and Myrtle Street within a "Neighborhood Plan" designated area. Surrounding the site is Arroyo Grande Creek to the north and east, agricultural land to the south, and single-family residential development to the west. Existing on the project site are several residences, including the historic Vanderveer residence, and accessory structures. The applicant held three (3) informal neighborhood meetings during the fall to gain feedback on various alternative designs for developing the project site and conceptualizing the Neighborhood Plan. Discussions centered on opportunities and constraints of the property, specifically addressing site layout and issues related to circulation, density, and drainage. Alternatives were discussed and narrowed down to a preferred conceptual plan, which was further refined and finally submitted for pre- application review. A fourth neighborhood meeting is scheduled for Thursday, April 8th at 6:00 PM in the City Council Chambers. Proiect Description The project area encompasses approximately twenty-three (23) acres and is designated as Singe-Family Residential- Medium Density (SFR-MD). According to the 2001 General Plan (LU2-7), this area "is subject to a requirement for a Neighborhood Plan to coordinate street, drainage, water, sewer, agricultural buffer, Creekside trail and conservation/open space considerations prior to approval of any subdivision or parcel map" (emphasis added). Since the City has not adopted Development Code standards or submittal requirements for a Neighborhood Plan, staff intends to use the Specific Plan submittal criteria as a template for reviewing the formal proposal. The applicant is proposing a residential subdivision for approximately nine (9) of the twenty-three (23) acres, and as indicated above, must concurrently process and gain approval of a Neighborhood Plan. Specifically, the applicant is seeking to subdivide the nine (9) acre site into forty (40) single-family residential lots ranging in size from roughly 4,000 to 12,000 square feet, and arranged in a concentric pattern around a central green space. Included in the design are common landscaped areas, a 100' landscape agricultural buffer with a pedestrianlbike trail, and possible pedestrian linkage to the adjacent school property via a bridge over Arroyo Grande Creek (the bridge would be located on City property). Compliance with Development Code standards, such as lot size, setbacks and architectural style, will be determined through the Planned Unit Development (PUD) process. Density will be verified during the formal process as well, although the current proposal is within the 4.5 dwelling units per acre (du/a) allowed in the Medium Density (MD) land use category. In an effort to establish an architectural theme without restricting the project to specific plan types, the applicant intends to utilize the Design Guidelines for Historic Districts (the project site is outside of the Historic District overlay boundary and therefore is not subject to these guidelines). The objective is to present enough flexibility in design to enable unique development opportunities, yet provide sufficient design criteria to create the desired neighborhood "feel" consistent with the Village Area. CITY COUNCIL PRE-APPLICATION 04-004 MARCH 23, 2004 PAGE 3 The project is also subject to the City's affordable housing requirements outlined in Ordinance 514 C.S. and the 2003 Housing Element. During Planning Commission discussion, two interpretations surfaced regarding how the inclusionary requirement may be determined, which has yet to be resolved. From a literal interpretation surfaced regarding Ordinance 514 C.S., the project would be subject to a twenty-five percent (25%) inclusionary requirement, or ten (10) units, because a Development Code Amendment is required to bring the subject property into compliance with the 2001 General Plan. A second interpretation looks at the intent behind the inclusionary requirement. Because the Development Code Amendment does not entail a density increase, and because the City is ultimately responsible for updating the Development Code to bring it into conformance with the General Plan, the project may instead be subject to a ten (10%) requirement, or four (4) units. Staff Advisorv Committee (SAC) The SAC reviewed the proposed project on February 18, 2004 (see Attachment 1 for draft meeting notes). Issues discussed included drainage, open space, circulation, agriculture buffer, pedestrian bridge, density, utilities (including sewer and water main extensions), flood study, fire access, creation of an assessment district for all common areas, and landscaping. Public Works submitted an additional Memo to the Planning Commission dated March 16,2004 clarifying issues and concerns that would need to be addressed in the formal application (see Attachment 2). Architectural Review Committee (ARC) The ARC considered the project on March 1, 2004 and offered the following comments to the applicant (reference Attachment 3 for meeting notes): . Overall response was positive regarding lot layout and variety of house plan types (ARC favors extending the design criteria of the Village to this area). . Open space areas are important and should be encouraged. . Concerns regarding traffic, drainage, parking, fencing, fate of existing Stillwell house, tree removal and bridge connection to the school. Plannina Commission The Planning Commission reviewed the project on March 16, 2004 (see Attachment 4). Comments focused on the following issues: . Agricultural Buffer (determination of appropriate distance and method); . Inclusionary Housing (25% versus 10% inclusionary requirement); . Location of bike and pedestrian paths; . Secondary access; . Extension of Myrtle and/or Cherry Ave; . Proposed fencing around subdivision (none proposed at this time); . Traffic impacts; . Drainage; . Lot sizes (too small); and . Pedestrian bridge across Arroyo Grande Creek. CITY COUNCIL PRE-APPLICATION 04-004 MARCH 23, 2004 PAGE 4 Several individuals commented on the project, highlighting issues of traffic, lot size tree protection, and impacts to the adjacent 40-acre Dixson Ranch Agriculture Preserve (see Attachment 5). Formal review of the project will include the following applications: 1. Development Code Amendment 2. Neighborhood Plan 3. Planned Unit Development 4. Tentative Tract Map Attachments: 1. Staff Advisory Committee Draft Meeting Notes of February 18, 2004 2. Memorandum from Victor Devens, Public Works Department to the Planning Commission dated March 16, 2004 3. Architectural Review Committee Draft Meeting Notes of March 1, 2004 4. Planning Commission Draft Meeting Minutes of March 16, 2004 5. Letter from Jim Dickens to the Planning Commission dated March 16, 2004 6. Project description and plans S:\COMMUNITY _DEVELOPMENT\PROJECTS\PRE\04-004 E. Cherry Neigh. Plan\CC rpt.doc NOTES SAC MEETING DRAFT ATTACHMENT 1 FEBRUARY 18, 2004 B, PRE 04-004; Applicant - Creekside Estates of Arroyo Grande, LLC; Representative - Damien Mavis; Location - Off Myrtle Street. Project Planner - Kelly Heffernon. Description: Proposed new 37-lot subdivision and Neighborhood Plan off Myrtle Street. Rob Strong designated Kelly Heffernon as the Acting Community Development Director for this project and left the room before discussion ensued due to a potential conflict of interest on his part. Issues: . Project subject to a full Neighborhood Plan for the General Plan. . Issues concerning drainage, open space and circulation. . Development subject to a 100' ago buffer. . Applicant obtaining traffic analysis study. . Applicant stated that project design is intended to eliminate thru-traffic, a concern of neighbors. . Applicant looking for a method to underground drainage and route it to the creek. Needs to determine how to direct drainage over land if the drains clog. Looking for direction from the City regarding this. . Applicants and RRM have held 3 workshops with property owners in Neighborhood Plan area and adjacent areas. Common issues were: 1) Concerns regarding traffic impact to Cherry St. and Branch Mill Rd. intersection, desire to make intersection safer; 2) Desire for pedestrian bridge linking proposed park to school; and 3) Drainage-Some want to prevent flooding experienced in the past, want back parts of their property given to City in easements. . Public Works and Parks, . Facilities & Recreation agree that costs for long-term maintenance of the proposed pedestrian bridge make it infeasible. . Guidelines for Neighborhood Plan probably similar to those for Specific Plan. Plan will designate density and address infrastructure needs and results of Traffic Analysis. . Neighborhood Plan will be a Planned Development Overlay. . Probable future connection of area with Lopez Drive as discussed in General Plan. . No current plans to realign Highway 227. . Kelly Heffernon requested change of name for Creekside Project to prevent confusion with another currently proposed project. Public Works . Don Spagnolo to comment further on circulation issues. . Install 8" water main from property frontage at E. Cherry to Lierly Lane. (Currently this main is only 4".) . Connect 6" main under Myrtle Street to the 6" main at Lierly Lane and all the necessary mains on site. . Two sewer mains closest to project site not deep enough to gravity-feed. Install additional sewer main from manhole at intersection of Pacific Coast Railway and E. Cherry all the way down E. Cherry. Size needs to be sufficient for any future development on Caldwell Trust property-at least 8". . Install two 72" pipes to replace current earthen ditch (called for in Drainage Master Plan). Drop inlet here probably would not be used. Project can probably tap into on-site drainage system. . May want applicant to narrow planned widening of E. Cherry. NOTES SAC MEETING DRAFT PAGE 3 FEBRUARY 18, 2004 . Provide AC burm along property adjacent to agricultural uses. Agricultural conservation easement on property may stipulate appropriate actions. . Extend Myrtle Street to match the Village. . Should probably conduct new flood study because FEMA Maps are old. Building and Fire . Provide compliant fire access through entire project or install sprinklers throughout all units. Prefer use of sprinklers. . Lot #2 needs sprinklers regardless of access width. . Provide 20' wide access, 36' wide if parking on both sides of street. . Provide fire hydrants per City standards at 300' intervals on each side so that each hydrant is 150' from another one. Required fire flow of 1000 gal./min.l2 hours. . If garage of Vanderveer house is demolished, obtain permit to build a new garage per the Map Act. . Add any special setbacks (i.e. for agriculture, creek) to Final Map. . Obtain flood certificates for each building permit. (FEMA Flood Maps show 1 DO-year flood zone extends well into the development.) . Applicant considering installing sidewalks on extemal drive and not on internal drive to widen internal drive access. Parks, Recreation & Facilities . Remove proposed park area and increase lot size. City, especially Police, not interested in green space in middle of city due to lack of access. . Provide deep root barriers for street trees. Property owners responsible.for maintaining trees in front of their homes. . Assessment district probably necessary to maintain open space around riparian corridor. Provide low-maintenance open space, such as a picnic area, that is unobtrusive to the riparian corridor. . Plant trees on City's street tree list. (Will provide list to applicant.) Action: ARC on March 1st. PC and CC review in March. C, ARCH 03-005; Applicant - Phil Zeidman; Representative - Irvin Klein; Location - 528 E. Branch Street. Project Planner - Ryan Foster. Description: Proposal to relocate and remodel existing building and construct one (1) new mixed-use building. Applicant not present at SAC meeting. Issues: . This project was reviewed before as a proposed segment of the Planned Unit Development (PUD) at East Village Plaza. During this time, ARC determined that the existing house, due to historic character, should be retained rather than demolished as originally suggested by the applicant. ARC additionally recommended an alternative site plan. . The original PUD was approved by the Planning Commission and appealed to the City Council. (The reason for the appeal was not this parcel.) . Applicant has now submitted new site plan. It includes more residential mixed-use as desired by the City Council. A TT ACHMENT 2 MEMORANDUM TO: PLANNING COMMISSION FROM: VICTOR DEVENS, ASSOCIATE ENGINEER - DEVELOPMENT VtP SUBJECT: PRE 04-004, 756 MYRTLE DATE: MARCH 16, 2004 Public Works has the following comments regarding the above referenced project: DRAINAGE 1. The northwest portion of the property is subject to flooding from a 100-year storm. 2, The project will need to address the Newsome Springs Drainage across the property. The drainage easement necessary to construct the Newsome Springs Drainage Pipe may preclude construction on lots 22,23,31, 32, 35 and 36 due to its width. The easement for the two 72" storm drainpipes will need to be at minimum 25'. The applicant should consider modifying some of the lot layouts in I the area of the drainage easement, 3. Install all necessary storm drain facilities on-site to handle the developed runoff, 4. All on-site storm water runoff shall be passed through fossil filters prior to entering the creek, STREETS 5. The project internal road system needs to be modified in the following manner: a. The width shall match City standards, b. Allow for the future extension of Myrtle Street along the creek, 6. Obtain necessary right of way for the extension of East Cherry across the property frontage. If the applicant does not own the necessary property, this should be a condition of application completion that the necessary right of way is obtained. East Cherry has a 60' wide right of way at the intersection of East Cherry and Branch Mill Road, 7. Extend Myrtle Lane and match to existing cross section, WATER 8. Replace the existing 4" water main with an 8" water main underneath East Cherry Avenue to connect to the existing 6" water main underneath Leirly Lane, 9. Extend a 6" water main from the existing main underneath Myrtle to the 6" main underneath Leirly Lane, 10. Loop an 8" water main through the site, 11. Install fire hydrants within the project in accordance with City standards, . . PRE 04-004 MARCH 16. 2004 Page 2 of 2 SEWER 12. Extend a parallel sewer main underneath East Cherry Avenue from the intersection of Pacific Coast Railway and East Cherry Avenue, 13. Extend the main across the property frontage and terminate in a manhole, 14. The main shall tie into the South San Luis Obispo County Sanitation District Trunk Main at the intersection of East Cherry Avenue and Pacific Coast Railway. This main is approximately 12' deep at this location, 15. Size the main as such to handle all possible future development in the area, 16. The main shall remain sufficiently deep to ensure adequate slope for future extension, 17. Install all necessary sewer mains on site, 18. Project shall be routed to the South San Luis Obispo County Sanitation District for review, ITEMS REQUIRED TO DEEM THE PROJECT APPLICATION COMPLETE 19. Approved Traffic Study, 20. Approved Drainage Study, 21. Approved Flood Study, 22. Preliminary Soils Report, 23. Preliminary Grading Plan, 24. Tentative Map including all information required in Municipal Code Section 16.20.060, tentative tract maps. C: Director of Public Works/City Engineer Assistant City Engineer Associate Planner Project File S:\PUBLlC WORKS ENGINEERING SHARED ITEMS\Development Projects\Pre-App\2004\PRE 04-004 _ CREEKSIDE ESTATES - STILLWELL\Memo - PC - Pre 04-004 - Stillwell Property.doc ARC Notes - DRAFT COPY A TT ACHMENT 3 March 1, 2004 the antennas, which would be done by the monopine manufacturer, Chameleon. A motion was made by Chuck Fellows and seconded by Amy Miltenberger to approve Conditional Use Permit 04-001 as submitted. Motion approved: 5/0 voice vote. B, PRE-APPLICATION REVIEW 04-004; Applicant - Creekside Estates of Arroyo Grande, LLC; Representative - Damien Mavis; LOCATION - 134 E, Branch Street The project was presented by Associate Planner, Kelly Heffernon. The project is a pre-application for a large "Neighborhood Plan" designated area to be a residential subdivision. There are no guidelines other than general Development Code parameters and sparse language in the General Plan. Staff is looking at using Specific Plan requirements as guidelines. There are currently no architectural styles to review - only some conceptual landscaping and preliminary lot layout. The applicants assembled three meetings over the summer with adjacent property neighbors. From those meetings, they have narrowed alternatives to what's being presented today. Fred Baur, resident of Short Street in Arroyo Grande, made the following comments: . He had initially researched this property, but decided he couldn't do the project. He discussed it with Brad and Damien, who purchased the property and then asked him to be consultant/liaison for development. Mr. Baur wanted to help with "smart growth" and enter into dialogue with the neighborhood and Village without preconceived ideas. Damien developed a "Hello Neighbor" letter, which was distributed (see file). This was very successful and brought much positive feedback from neighboring residents. Damien Mavis, representative for the project, made the following comments: . They have reviewed the Village Design Guidelines and intend to follow them, and perhaps make more stringent guidelines for this development. He brought some photos of houses they felt would be suitable in the new neighborhood for visual reference and requested feedback from ARC. There's a mix of lot sizes and home sizes in their current plan, with smaller, more vertical-oriented homes in the center of the plan and more traditional, craftsman-style homes around the perimeter. They would like to sell lots to custom-home builders, and use CC&R's to control quality of homes built. The first few homes, they would build themselves in order to get momentum started. They want to define the quality of building materials and finishes allowable in this area, but will probably come back to ARC for each home being built. ----.-....-..---.- -_.. -----.-- -- ARC Notes - DRAFT COPY Page 3 March 1, 2004 Brad Vernon, co-owner of property, made the following comments: . Their vision is to set up building guidelines similar to the Stoneridge project in SLO. This would aid ARC in reviewing plans on an individual basis. Instead of three or four specific plans, they hope to have different builders/architects come in with original ideas for a custom home look for this development. John Knight, Planner with RRM Design Group, made the following comments: . With so many different siza lots, there should be a variety of designs. He would like to bring in elements of both historical and downtown architectural styles. They're in the first stage of the Master Plan process, so they're still setting up architectural styles and gathering information on city processes. . This is just a part of the area designated as "Neighborhood Plan". It will set the tone for the rest of the area - including Stillwell, Vandeveer and Peters properties. They've attended neighborhood meetings, but are not in a position to develop in the near future. . The location is close to newer homes off Cherry, but it's also close to historical and downtown areas. They would separate the development with sidewalks and curbs. They envision tree-lined streets and some form of common area - possibly through the drainage easement through the center area. After gathering comments from Planning Commission and City Council, they will return with more detailed plans. Lyn Titus, 14-year resident, made the following comments: . She is a friend of Stillwell, Vandeveer and Peters families. Her property will border on lots 9 and 10 of this development as currently mapped. 0 One of her concerns is East Cherry Avenue, which she would like to see continued all the way to Lierly Lane. If they stop at the edge of the properties, there are some dilapidated structures that would look very unattractive for a new development. 0 Her second concern is what type of wall will be placed along the back. She requests they not raise a concrete wall (as along Branch Mill Road), since it's agricultural land, and concrete walls are more for cities. She suggested, instead, to use wood fencing - perhaps with openings (like split rail) so residents can watch the crops grow. . John Keen commended the developers for using the Viltage Design Guidelines. When they were established, the Stillwell and Vandeveer properties were included, but this area wasn't, so he's glad they're still trying to abide by them. The ARC had the following comments and questions: . The basic concept of a variety of house plans and building as an extension of The Village is good. It will keep things in order and make neighbors happy. ARC Notes - DRAFT COPY Page 4 March 1, 2004 . There is concern regarding traffic and speed control. The easiest way to be in and out of project is from Cherry, or more directly, from Allen. Allen has noise, speed and cuing problems at the corner. It's very difficult to turn north and south on Traffic Way via Allen. . Another concern is parking, with many cars parked on the street. There should be a designation as far as parking for guests. . Selling lots to different individuals will promote variety of concepts. Cookie cutter projects serve a purpose, but a better response will be gained from ARC and the neighbors with a variety of homes. . ARC is favorable to keeping the park/open space. With due respect to the Police Department's concerns, they would like developers to work with PD in terms of visibility, lighting, and any other necessary improvements. With respect to the Parks and Recreation Department, in order that the city not have to maintain the park, they can do a maintenance district or some sort of homeowner responsibility for the open space. . ARC noted the dual concerns of residents and neighbors regarding the fencing. While it would be nice to keep area looking more agricultural, the residents will want sufficient privacy measures from the street. There won't be entrances to lots from Cherry, so backyards will probably border on Cherry. While there will be a 100' agricultural buffer, they still need screening from light and sound on the road. 0 100' is from edge of field, and garages can be within that, so homes may have rear garages. This also will allow for not having a whole row of garage doors, (which ARC favored). Center lots will have alley, so they'll load from the rear of the lot. . When marketing to prospective buyers, would developers show these photos presented? Would they specify certain styles of architecture? They would use similar standards to the Village Design Guidelines, but be more restrictive. They would establish rear yards, quality standards, and add more photos. . ARC would like to see the Stillwell house kept in the development (even if moved to another lot.) Developers are in favor of this and would perhaps move it across from the creek. The house is in disrepair and needs much work, but they're hoping to add a garden around it and/or place deed restrictions for selling to to someone to fix up. They noted this area is in the 1 DO-year flood zone - they need to check with FEMA and perhaps bring in fill. . ARC asked about keeping the mature walnut trees and palm trees. Developers noted the walnuts can be messy on sidewalks and driveways, and aren't good street trees, but they understand they're a valuable resource. The palms can be easily moved. . Will they see a landscape plan later? Yes. . ARC is delighted to see a bridge across the creek. Developer noted it would be on city-owned land, so it's there for the future. The only thing ------."-- ARC Notes - DRAFT COPY Page 5 March 1, 2004 is Public Works might have to maintain it. This would shorten route for school kids. 0 One suggestion for maintenance was for City and School to work together to maintain it. o Another suggestion was to create a maintenance district. . Is this a specific plan under state law? No. . What specific concerns have been voiced by neighbors? 0 The bridge as dropoff/pickup point. 0 Traffic concerns - between Cherry and Myrtle 0 Preserving character of Vandeveer home. 0 Fixing drainage on back of property. 0 Developers felt after their three neighborhood meetings, this plan best addressed the neighbors' concerns. . Will they maintain the Peters house? Yes, although it's not of same integrity as Vandeveer or Stillwell houses. . ARC picked out houses (from photos presented of houses in Village and SLO) they didn't want used as examples. They don't want to include the Spanish eclectic style. in particular. o ARC doesn't see concrete or tile roofs, instead use compo o Also, no stucco - instead use shiplap or other siding. 0 Developers are hoping to place Victorian style homes in center homes with more verticality. On borders, they would use Craftsman or California bungalow styles. They would restrict Queen Anne, Spanish or Cottage styles. They would allow both one and two story homes. No motion was made, as this was a pre-application only. ARCHITECTURAL REVIEW 04-003; Applicant - Larry Persons, LLC; resentative - Pat Blote, RRM Design Group; LOCATION - Courtland and The project s presented by Associate Planner, Kelly Heffernon. The applicant propos three basic changes: architectural design more similar to a "Spanish/Mediterra an" style, increased height for the two elevator towers, and a new color and ma . Is board. Pat Blote of RRM Design Group ared the new color and materials board and requested comments from the A The ARC had the following comments and qu ions: . It makes sense to do Spanish style. , more compatible with surrounding buildings. . ARC didn't care for the "stark" white color and "bfl " red tiles. They instead want to keep with the original colors and tiles s MINUTES ATTACHMENT 4 PLANNING COMMISSION DRAFT MARCH 16, 2004 B, PRE-APPLICATION CASE NO, 04-004; APPLICANT - DAMIEN MAVIS; LOCATION - 756 MYRTLE, Staff report prepared and presented by Associate Planner - Kelly Heffernon. Mr. Strong excused himself due to conflict of interest. Ms. Heffernon gave an overview of the proposed preliminary residential subdivision and "neighborhood plan" for property located off Myrtle Street; bounded by East Cherry Avenue and Myrtle Street within a Neighborhood Plan designated area; explained the General Plan policy addressing a neighborhood plan; stated there are no specific guidelines or development standards for neighborhood plans and therefore staff has discussed using the specific plans as guidelines; the traffic analysis will be included as part of the Environmental Review for the formal project; in compliance with the newly adopted Agricultural Preservation Overlay District a minimum of 100 foot buffer area must be established that includes a 20 foot wide agricultural transitional landscaped area (can be either on the agricultural side or project side). In conclusion, Ms Heffernon stated the applicant has held three informal neighborhood meetings to gain feedback on various alternative designs for developing the project site and conceptualizing the Neighborhood Plan; compliance with Development Code standards will be determined through the Planned Unit Development process; Village Design Guidelines will be used as the primary architectural style; all the units will be subject to ARC review. Commission Questions: . Brown: Why have we gone from 7200 square feet to the smaller lots? Ms. Heffernon replied that the PUD process allows smaller lots when open space is proposed, as long as the overall density is not exceeded. The project is within the density requirements. . Brown: It may be the physical constraints that do not allow bigger lots. . Brown: Was there going to be some kind of public access through the agricultural buffer? Ms. Heffernon said that is what is being proposed. . Brown: The gate shown next to Lot 1 is to stop people driving into Lot 2? Ms. Heffernon said the applicant would address this. . Brown: There is a long history of drainage issues on this property. Victor Devens, explained there were 3-4 options contained in the Drainage Master Plan; the City is looking for two 72" pipes to replace the ditch that currently runs across the property. . Brown: Is there a wall going around this property? Ms Heffernon: there was a request at ARC for fencing that can be seen through along Cherry Ave. Fowler: . Concern that the small lots may not be appropriate for this area. Chair Guthrie opened the hearing for public comment. --.- MINUTES DRAFT PAGE 13 PLANNING COMMISSION MARCH 16, 2004 Fred Bauer, introduced Damien Mavis; stated he had asked him for help with neighborhood outreach; the feedback was amazing and all townhall meetings were positive and successful. Damien Mavis, representative, explained the site plan and process that evolved to produced their plan; described lot sizes; the gate is for the benefit of lots 1 and 2 sharing drives and their will be no other gates; the 100 ft buffer runs through lots 11, 12,13,14,23,24,25 & 26, south of the line there would be no habitable structures; he asked for the feedback on project as well as ideas on the mandated inclusionary housing (duplexes were not looked on favorably in the neighborhood discussions). Corner lots were looked at for the inclusionary housing (split with two family homes on them) and would have smaller setbacks, but would have architecture conducive to the neighborhood. Commission Comments & Questions: Brown thanked the applicant for the outreach effort: . Ag. buffers - this is the first major ago buffer we have dealt with since the 2001 General Plan: How did you determine 100 feet was enough distance? . Density: Is clustering justified? You knew what the constraints of the creek and farmland were and think you need to work within the constraints. How would this project be transitional and in keeping with other neighborhoods (this close to ago operations)? . Read letter received from property owner; asked why the private 15' dirt drive, not owned by the applicant had been incorporated into the neighborhood plan when no attempt had been made to purchase it? Mr. Mavis agreed that they were aware of this and there is need to address this immediately. . The interconnecting bikeways and walkways - why aren't they closer to the creek? Mr. Mavis explained that this is just a concept extending sidewalk already there and thought the creek side a great idea. . Fence issue? Mr. Mavis: it is shown around the Vanderveer resident in keeping with the house (believes this is code on development of this size to have wall or fence). Commissioner Brown said this would help in terms of a buffer, but it may separate this development from the Village/community. Chair Guthrie opened the hearing to the public. Otis Page, 606 Myrtle, representing 20-40 people on Myrtle Street: . The representations on densit made here are for the people who wish to develop the Stillwell property (high density area). . Green space is taking credit for what is on the creek (not belonging to them). . Traffic issue: do not use Myrtle; maybe time to use Cherry. . I would like more people to know about this proposal. . This is development of prime ago land. ._~-" MINUTES DRAFT PAGE 14 PLANNING COMMISSION MARCH 16, 2004 . Jim Dickens is a strong supporter of ago land and this area adjoins his farm which is prime ago land; it would be ironic that the City denied the Vanderveen property . Jim Dickens, 769 Branch Mill, representative of Dixson Ranch preserve, spoke referenceing his letter to the Commission. He stated the forty acre, commercially farmed parcel, is the only designated land within the City that is currently covered under the Williamson. Act Contract. In addition, the property is also protected under an agricultural easement into perpetuity, the only such agricultural easement held within City limits and within the State of California. The proximity of' this proposed neighborhood plan (NP) to the Dixson Ranch requires special consideration and unique planning techniques to adequately mitigate future land use conflicts and to ensure the long term protection in agricultural resources and proposed activity. He then stated some options he would like the Commission to consider: . Requiring a buffer distance of at least 150 feet in addition to a minimum of a 30 foot depth of landscaping, planted sufficiently dense and mature to provide aerisol protection within the first year. . The 15 foot private dirt road: The applicant has made no attempt to purchase this but has incorporated it into the NP. He would like the Commission to address this as a condition of approval. . Storm water drainage: He recommended placement of the catch basin to be within the agricultural buffer (GP Policy 1-5.1) . Groundwater recharge: No adverse effects on ago water supplies. He recommended a retention basin constructed in the middle of the proposed project to act as a groundwater facility and decrease suffice water runoff into Arroyo Grande Creek. . He recommended the establishment of a creekside pedestrian/bikepath, possibly linking to a footbridge, providing access to Paulding Middle School. Mike McConville, 529 E. Branch .street: . Not notified of neighborhood meetings. . In developing this project the City could put 227 thru to Cherry Ave. This issue needs to be addressed and asked if it was addressed at the meetings. Victor Devens, stated he had learned from CAL TRANS that the Highway 227 realignment is no longer being actively considered. Susan Flores, 529 E. Branch, works at the School: . Not invited to neighborhood meetings. . Pedestrian/Bikepath suggestion in the NP would take their immediate school yard. . Walnut tree on the Stillwell Property: Like to see a future plan on preserving these old trees. . Thinks density is too much. _..~..^-~ MINUTES DRAFT PAGE 15 PLANNING COMMISSION MARCH 16, 2004 . Need to make sure all interested parties are included if other sites are included in a potential plan. Mr. Mavis stated which areas of the site they owned; stated they were committed to resolving the ago buffer issue. Mr. Mavis then addressed the Commission Questions: . Re concern with the proposal that traffic be directed toward Cherry/Allen Street: We have a traffic study in process. . Selling of the lots: It will be marketed primarily as individual lots: We will build a certain number of homes to establish the community and level of quality. The inclusionary housing has yet to be established and they would probably be building these. In reply to a question from Chair Guthrie on inclusionary housing, Ms. Heffernon stated that at this time it is a 10% requirement, but is still being discussed. In reply to Chair Guthrie, Mr. Brad Vernon, partner, stated at the neighborhood meetings it was obvious that the only logical access would be Cherry Lane as primary access. Chair Guthrie closed the hearing to public comment. Commission Comments: Keen: . Has a big problem with size of lots being smaller than 6,000 sq. ft. . Would not object to seeing a wall along the property line as a buffer. . He commended the applicants for proposing to match the Village guidelines. . It may be a good idea to move the Stillwell house over to the green area, since it currently crosses a couple of lot lines. Fowler: . Liked the concept. . Lots are too small. Brown: . Lots too small; it needs to be transitional or in keeping with THE neighborhood. . Assumption that the project buffer should be 100 feet, needs to be justified. . Drainage is still an issue. . Agrees with not using prime ago soils to provide an inlet (based on GP guidance). . Not against having a wall if it is part of the buffer. . Traffic: Allen Street is a concern. Guthrie: . The higher density and clustering with open space. is acceptable. . He has serious concerns with the proposed 100 feet being an adequate buffer. MINUTES DRAFT PAGE 16 PLANNING COMMISSION MARCH 16, 2004 . Landscape screen should take place along the ago property to have the greatest impact of containing dust and pesticides. . Block wall along ago property is a possibility - would have to be a smart buffer. . The pedestrian/bicyle path should be developed along the creek side. . Believes a 25% inclusionary housing has to be observed, based on what has occurred in other projects. . Fire access: A secondary access would probably have to be included in the NP for emergency access; concern that Myrtle is closed off, but this could not ever be used for emergency or any other sort of access for the development of the rest of this property. . Have to accept that the zoning is 4.5 du/a and there will be traffic, principally on Cherry . . Great if a bridge connectio"n was built. Keen: . If people dropped off and picked up their children at such a bridge on Myrtle Street instead of at Crown Hill, could be a disaster in terms of traffic. Would a bridge be worth it? The Commission had no further concerns and they moved for adjournment. C, DEVELOPMENT CODE AMENDMENT CASE NO, 03-008; APPLICANT - CITY OF ARROYO GRANDE; LOCATION - CITYWIDE, Staff report prepared and presented by Associate Planner, Teresa McClish. This project not heard by the Commission due to the late hour. V, DISCUSSION ITEMS: No discussion. VI. PLANNING COMMISSION ITEMS AND COMMENTS: No discussion. VII. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW-UP: No Discussion. VIII. TENTATIVE AGENDA ITEMS FOR APRIL 6. 2004: None. IX. ADJOURNMENT: The meeting was adjourned at 11 :40 p.m. _n...__.__'__ -.---'- . A TT ACHMENT 5 March 16, 2004 Planning Commission City of Arroyo Grande Public Hearing - Pre-Application Review Case No. 04-004 Dear Chair Guthrie and Honorable Commission Members; For the record, my name is Jim Dickens and I reside at 769 Branch Mill Road. I am speaking before you this evening as a representative of the Dixson Ranch Agricuhural Preserve. The Pre-Application Review process is an opportune time to provide feedback and direction to the applicant regarding the proposed neighborhood plan. The following are observations and suggestions the Dixson Ranch would like the Commission to consider. The "agricultural land to the south", as identified in the staff report, is referring to the 40 acre Dixson Ranch Agricuhural Preserve, This commercially farmed parcel is the only designated land within the City that is covered under a Williamson Act Contract (See Ag3- 5), and, in addition, is also protected under an agricultural conservation easement in perpetuity. This is the only such agricuhural conservation easement held within a city limits in the state of California. The proximity of this proposed neighborhood plan to the Dixson Ranch requires special consideration and unique planning techniques to adequately mitigate future land-use conflicts and ensure the long-term protection of agricultural resources and productivity. The proposed "100' landscape agricultural buffer with a pedestrian/bike trail" is sorely inadequate and fails to meet the established criteria found in the City's General Plan, Ag5- 2. The buffer distance of 100 feet as outlined in Ag5-2.\ is the bare-bones minimum requirement. And I quote, "Greater distances may be required based upon site-specific circumstances, to include consideration of established or existingfarming operations or practices." The land-use protection placed on the Dixson Ranch and the commercial farming operations carried out daily on this property warrants consideration of an increased buffer distance of at least 1 SO feet. In addition, the buffer area should include a minimum of a 30 foot depth of Iandscaping, a 10 foot increase ftom that required in Ag5-2.4 and should be designed to discourage human and domestic animal movement between the urban and agricuhural areas, It is vitally important to require the applicant to plant the buffer sufficiently dense and mature to provide aerosol protection within the first year of establishment. This will insure appropriate screening ftom dust, noise and air-borne materials, as well as discourage trespassing, vandalism and crop theft. The roadway extension and improvements to East Cherry Ave. are an appropriate feature ofthe buffer proposal and provide for additional distance between agricultural operations and urban living. Although, it should be noted that the existing 15' private dirt drive is not owned by the applicant and belongs to the eleven property owners located ftom Lierly Lane, east. To date, the applicant has made no attempt ~o purchase the private roadway, . yet has apparently incorporated this private property into his neighborhood plan. I would expect the Planning Commission to properly address this deficiency as a condition of approval when and if the project comes back for future consideration. As a fifteen year resident on the Dixson Ranch and a lifelong acquaintance to the subject ar~ it is safe to say, storm water drainage has been an ongoing concern. Currently the City has a preliminary design to address a large flood year event and move storm water drainage through the proposed neighborhood plan to the Arroyo Grande Creek. Unfortunately, this design requires the loss of prime agricultural soils and the placement of a concrete catch basin on the Dixson Ranch. This flood control inftastructure is for the sole benefit ofthe urban residents, including this newly proposed 37-unit residential subdivision, and provides absolutely no flood protection or benefit to the agricuhural user. I am recommending the Planning Commission consider placement of this proposed catch basin within the agricultural buffer to avoid any loss of prime agricultural soils and a decrease in commercial farming productivity. I would once again like to draw your attention to the General Plan Ag policy 1-5,1 and quote, "assure that city streets, drainage systems and other infrastructure do not adversely impact agricultural lands. " The placement of public inftastructure within the require buffer will guarantee the new residents, as well as the existing residents, adequate flood protection and avoid any and all disruptions to the adjacent working farm. In conclusion, I would like to make several additional suggestions to the Pre-Application. The proposed neighborhood plan property has historically been walnut orchards, rural residential and open space available for groundwater recharge. I highly urge the Commission to ensure this residential development project results in no net decrease in groundwater recharge and has no adverse effects on agricultural water supplies. A retention basin constructed in the middle of the proposed project could act as a groundwater recharge facility and decrease surface water run-off from the project into Arroyo Grande Creek. Secondly, the Commission has a unique opportunity to recommend the establishment of a creek side pedestrianlbike path. As stated in the City's Parks and Recreation Element 4-1.2 , and I quote, "a regional recreational trail should be established along the Arroyo Grande Creek greenbelt from Strother Park to the ocean. " The possibility of linking this trail to a footbridge and providing access to Paulding Middle School and community facility activity areas as outlined in the Conservation and Open Space Objective 3-1 is consistent with City policy and worthy of further exploration. I would be happy to provide further clarification regarding the Dixson Ranch concerns and recommendations if needed. I. appreciate your attention to the issues raised and thank you in advance on behalf of the Dixson Ranch Agricuhural Preserve for the time and effort you willingly commit toward serving this community. Jim Dickens 769 Branch Mill Road Arroyo Grande, CA 93420 (805) 481-3917 jdickens@c2on.net ~-------- A TT ACHMENT 6 Information Regarding Development i~ the East Cherry Neighborhood Plan Area . February 2, 2004 Compiled By: RECEIVED. Damien Mavis (805) 748-5546 FES 2 6 7004 CITY OF ARROYO GRANDE COMMUNITY DEVELOPMENT DEPT. ----~._- -------- -"--_.'- Development in the East Cherry Neighborhood Plan Area We began to research and implement the details of the city's Neighborhood Plan requiremen~ after acquiring the Stillwell property. These requirements were focused on developing a homogeneous strategy for the current and future development of this area. This concept worked well with our goal of engaging the community in our planning process. Drawing ftom past experiences, we believe that the community around a proposed development can often suggest the best ideas regarding all aspects of the project. We came into this venture with few preconceived notions regarding this property. With the help and vision of our neighbors a concept has been. developed with wide support and promise, We initiated our public outreach program by walking door to door in the neighborhood; we introduced ourselves, briefly explained our goals, and distributed a "Hello Neighbor Letter" and reply card. The requirements for the Neighborhood Plan were easily incorporated into our development's public outreach effort, allowing both to proceed concurrently. We then compiled the suggestions and concerns posed by the community regarding both the Neighborhood Plan and our proposed development. These became the topics of three community meetings we held. To help facilitate these community meetings, a planner and architect ftom RRM Design Group was present and active as well as city staff ftom the planning department. The first neighborhood meeting engaged the property owners within the entire East Cherry Neighborhood Plan area. At this meeting we discussed topics that affected the Neighborhood Plan, such as east west collector alignmen~ agriculture buffer, and density. We also discussed the layout and vision for our site, For the second community meeting we invited everyone who returned a reply card as well as everyone in the immediate neighborhood surrounding our development. . This meeting focused on how our site would interact with the existing neighborhood to the west, Traffic, drainage, and site layout were all discussed. Following the second meeting, four alternative concept site plans were generated in response to the community's suggestions. These drawings were presented at the fmal community meeting and the pros and cons of each design were discussed. Well received by the community, one design rose to the top as the preferred alternative. This alternative was further refmed to the current proposed site plan. The proposed Creekside Neighborhood We have set very high goals for this nine-acre Planned Development. This is one of the last developable parcels in the village area and should reflect all its best attributes, The community has been an invaluable source of information and suggestions. Their collective vision was to have a quality neighborhood, which showcased the historical Vanderveer residence and created a pedestrian friendly community with a strong sense of place. In an effort to promote a strong community we looked to the past where a central square was often the focal point of a village and dwellings were arranged in a concentric manner. Residents of modem sUbdivisions often suffer from poor planning; they may live only fifty feet ftom a neighbor but never meet because the development was not ------ -+'--~._.- designed to foster community interaction. We addressed this problem by facing the homes around a central green with few parcels sharing back fences, This also promotes a pedestrian neighborhood by eliminating cul-de-sacs, making walks in and out of the neighborhood efficient and pleasant. Utilizing a through street, a more equal distribution of vehicular trips in and out of the neighborhOod was achieved, not biasing either Cherry A venue or Myrtle Street. In an effort to blend the suburban neighborhoods to our west and the rural area to our east, we plan to offer a variety of lot sizes from smaller city lots on the west growing to more spacious lots to the east. This not only acts as an urban transition but also provides for a more diverse neighborhood by making it affordable and desirable to a large range of buyers. . Green space was also central to our design process; with much community input the design of two different types of green spaces evolved. The central green is.envisioned to be more traditional common green for relaxing, recreation, and community interaction. A section of property bordering the creek will also act as a community green space. This space will reflect the natural state of the Arroyo Grande creek with very little alteration; here residents and wildlife can enjoy the same natural setting, The village of Arroyo Grande has an eclectic mix of architectural styles, Being responsive to the community's preferences and adhering to the village's housing guidelines and themes will be important ingredients in the architectural character .of this development. A set of architectural guidelines will be drafted that reflect the diverse styles within the village but insures high quality design. This will give custom homebuilders enough latitude to build their dream home but insure quality architecture and a common theme throughout the neighborhood, The guidelines will promote a cohesive community style yet avoid the cookie cutter repetition found inmost subdivisions. A 100ft. agricultural buffer is incorporated into this design, shown by a dashed line on the site plan. We feel that this is an important feature for our site because it separates the two diverse land uses, and provides space for a distinctive entry, Contained in this buffer will be East Cherry Lane and a green belt which will incorporate plantings that when mature will further buffer the neighborhood, There will also be a fence or wall between the back yard and the green belt. These steps will help to insure a development offering a high quality life for its inhabitants. The East Cherry Neighborhood Plan Walking door to door in the Neighborhood Plan area gave us a chance to meet many of its diverse residents. We had a chance to tour their property with them and listen to their goals and concerns. Our plan incorporates many of their suggestions. There are a few ways that a collector street could be brought through the area to service the potential future development of the eastern portion of the area. Discussing this topic with the residents it quickly became evident that the only viable collector. alignment was an improvement of East Cherry A venue. lIDs wouldn't disrupt the current residents, while allowing future extension and development. The sentiment of the eas!:ern property . . .. - owners was that short-term development would likely stop with.our property, yet the potential to develop their land in the future was still viable. The current housing density on the eastern portion is about one dwelling per acre, With so many diverse interests and personalities in that area it is unlikely that development will occur in the near future, if it. does occur it will likely reach a density considerably less than 4,5 units/acre as enabled by the Neighborhood Plan zoning, The traffic study that we have commissioned, will consider the impacts of various densities in the eastern portion, including a maximum build out of 4.5 units/acre. Inftastructure will also be sized to service maximum future development. Fostering a spirit of community cooperation and coordination is the basis for this Neighborhood Plan. If the a community can author their own solutions then the city merely has to guide them through the necessary steps; by engaging the stakeholders, solutions become easier and last longer, We have had goals parallel to the city's from the beginning. If we provide the forum. for the community to become involved with the planning of their neighborhood then a landmark development that meets the needs of all can be realized. . ~--'-"--- ------ , PETERS TRUST (f) (f) EXISTING GARAGII TO BE ULOCATED LOT #9 PROPOSED NEW GARAGII _____--)..1<__ ------ ------- (2) STILLWELL PROPERTY VANDEVEER PETERS TRUST north LEGEND: GRAPHIC SCALE A1 Type 1 W"L _ Exlblt A, ......_ section .t_ "k.-_-LW \' i A2 Type 2 W"L _ ExUllt A,.- sectIon.t_ III B App..._ _60. for utility ._lncludI.B _. _ter, electric, _ .nd....... TV. _ __ to... determined. EXHIBIT "A" RRM DESIGN GROUP MARCH 5, 2004 ~~~EJOP, -- --- - - ------ ,'f €A (I) ,. -c; """. f! ~ ,~'~~ '~:;!)~"'<~"'- ,', ,."::~~,;/"".:,., " .~.~.. 9- ~"''''''W:;'' . .i'.' '~'Jr:."'" <5 . ,~~"~~':;~:... .~~,; ~~;~.::";",;, , ~',~~~.,:.;~,;:j. "'''II,'~'' '. :z .~+ ~' '.'/'"" '. . ~ . ;>.~,~L/ "', ":*:.\;):.::: .l", ;'" .~:;;~,' " \, " ~ ~~~ ".< . ., ,'/ .~li 't:-', ','" .;; '> " 1~ ',,' : ',> : 11 . 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V '- ~ .--------------- MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE~ SUBJECT: SUPPLEMENTAL INFORMATION REGARDING AGENDA ITEM. 11,A, - PRE-APPLICATION REVIEW CASE NO, 04-004: PROPOSED RESIDENTIAL SUBDIVISION AND NEIGHBORHOOD PLAN: EAST CHERRY A VENUE AND MYRTLE STREET DATE: MARCH 22, 2004 The attached supplemental information was received subsequent to the distribution of the Council agenda on March 19th. , ~ , March 22, 2004 R~~iJVe~ . , CITY OPAR~~y(j GRt$,~mS Arroyo Grande City Council 04 MAR 22 AH 9= 5' 215 East Branch Street City of Arroyo Grande Consideration .of Pre-AppUcatlon Review Case No. 04-0CM Dear Honorable Mayor and Council Members: The Dixson Family Trust would like to provide the follqwing information and suggestions for your consideration of the Pre-Application Review Case No. 04- 004, The Dixson Ranch Agricultural Preserve is the agricultural land to the south of the proposed development. This 40-acre commercially fanned property hat been In our family since 1905 and is known to be some of the best fannI8nd in ... Anato Grande VaHey, The Dixson Ranch Agricultural Preeetve h81been CCMI'8d ...... the WiHiamson Act since the late 1980's and is now deedreetricted with an agricultural conservation easement protecting ita land use for agrtcuItur8I production in perpetuity, This is the only such agricultural property protItcIed in this manner within the City and is believed to be1he ~ agriculbnl COI1MMdion easement granted within city limits in the state of Califomia, The proximity of this proposed residential subdivision and neighborhood plan to the Dixson Ranch Agricultural Preserve requires special consic:BaIon and unique planning techniques to adequately mitigate significant land-use conIicIs, The proposed land use conversion should not advel'88iy affect our existing IQIicUturaI production, and appropriate measures should en8Ure the Iong-terrn.pqlI.chn of our agricultural resources. To promote the coexistence of commercial agricuIIure and residential housing, we would make the following requests: . ~ - The minimum buffer distance required within theCity's General Plan is 100 feet, with greater distancea implemented given site-spedfic circumstances. The agricultural activity on the I1)Ixson Ranch can be dt8raderized as irrigated vegetable and specialty rON crops. This is considered .. ir1ten8iVe farming operation involving considerable labOr. equipment. pumps, chemical use and vehicle traffic on the property, To assure the.Dixaon Ranch "remain unaffected by the proposed residential subdiVision. COnskl8ration.i'nust go beyond the minimum and establishment of increased bUffer distances should be required. ~ 3O-Foot DeDth of ~d8caDiRJI - Again, as required within the City's General Plan, the minimum depth of landscaping contained within the butrer is 20 feet. Given the intensive agricultural operations and the potential for air-born materials to drift off the property, such as dust and chemical applications, the margin of . safety and comfort for the public ,hould be addressed with greater attention placed on increased landscaping. In addition, the landscaping should be designed , to discourage human and domestic animal movement between the urban and agricultural areas and should be sufficiently dense and mature to provide aerosol protection within the first year of establishment. ~ - The requirement of an 8-foot high block wall, camouflaged behind the 30 foot depth of landscaping, is an essential addition to the comprehensive buffer. The wall will reduce and mitigate the impacts from noise and lights associated with nighttime operations on the Mure residents adjacent to the Dixson Ranch, "No-CI~" Wood F8flce - We are recommending the developer in'" 8 Mno- climb- wood fence Qn the property line to add.... the Increaeed ~ for trespassing, vandalism, crop theft, litter and liability caused by the propoled residential subdivision, It is vitally important to dIecoutage access onto the property from both a safety and operational perspective, ~.tIna 1Hoot Private Drive - It should be noted that the existing 15-foot private c:fu1 drive is not owned by the applicant and belongs to the 818110'" PfOP8I1Y owners Ioca1ed from MMrs, Reeds- property, east. The Dbc80n Family Truet Ie one of the eleven owners and is willing to cooperate with the developer to - this roadway improved, We would only caution the Council to adequately addNe8 this issue prior to approval of this neighborhood plan, BI&Id-Tq-Fann Deed ~.ference - As has been required by the City in the past, (Coker Ellsworth Development), all prospective property buyers should be informed of the City of Arroyo Grande's Right-to-Farm Ordinance, This noIIcation should be placed within the purchase agreement and deed, and should InI'onn all buyers of the potential impacts that may occur from residing in close proximity to agricultural activities. !f.2..t.tt1Pec...... In Grouncl\fater R8C~rae - We are concerned this residential subdiVision, given its proposed density, wiD have a negative effect on our agricultural wells, The increase of impeNious surfaces and the decre.. in recharge capacity may adversely impact groundwater supplies, We requllt the City investigate the potential for a detention, retention and/or recharge bMin within this proposed project. ~ - The proposed residential subdivision is within an .... that experiences drainage deficiencies in an aboVe average rainy season, The City's Public Works Department has committed countless hours toward an appropriate drainage solution and it is our understanding a preliminary drainage proposal has been identified in the City's Drainage Master Plan. The Dixson Family Trust wo.uld like to continue working in cooperation with the City in constructing this drainage project and belevesthis proposed development will be key in determining the final S()lution, We still have questions and concerns . . regarding the Newsom Springs Drainage Project and hope as this newly proposed residential subdivision works it way thr:ough the planning process, great attention , and detail will be directed toward this drainage problem. It should be noted that the proposed Newsom Springs Drainage Project provides little to no flood benefit to the Dixson property and is primarily addressing flood protection for the surrounding urban residents, We would request, to the extent possible, that this drainage system be designed to lessen the iqNlCt on our agricultural production. and be placed on those properties to which it willeerve. Attached, please find a conceptual drawing proposing a stonn basin within the 150-foot buffer. This is a potentially creative solution combining two required rritigations within the same area, Thank you for your consideration to these recommendations. The Dbcson Family Trust looks forward to continued participation With this development propoe81 and the potential for unique planning solutions to the coexistence of agricultuNt and urban land uses, Sincerely, Molly McClanahan, Co-Trustee 617 West Malvem Avenue Fullerton, CA 92632 Sara Dickens, Co-Trustee 3638 Blair Way Torrance, CA 90505 \ " , ~\. '~~-:\\ ~~~ ~:\~. , ": }; ." ' ~oI);jI . w . '. 1,)\ I ? -:~1. .., 0 ,~ I 0& - ttI 0 I I '.- " I I 1 \'T ..i..... J '..~. ~ i ; ~ iK , :;tU " f I . t I I 9 :. :~ . I 1 -) -I ! I I I 1 '\\ 1I3t1:1frS . ,OSI 160' SUF1'6/l. ~ I I I I I J . ... I : 1 j I . . I . I f :P . ..i~ ~ t1 I'~...~~;' ,~, .. ~ ~ . . j, r .~,.... "..' ( ~ ' ! .. t.."'; -1,.,., , ' I I L. ~.,_..--: I. ;.., ,. !-.t I 6._,' + I I i ._~I .1 ~,._. .- t o I ~ ; 1 jf' I .' 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