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Agenda Packet 2005-04-26 I CITY OF City Council Agenda Tony Ferrara Mayor Steven Adams City Manager Joe Costello Mayor Pro Tem Timothy J. Carmel City Attomey Jim Dickens Council Member ~IFOR~.t Kelly Wetmore City Clerk Jim Guthrie Council Member ~- ~ '. Ed Arnold Council Member AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, APRIL 26,2005 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 7:00 P.M. 2. ROLL CALL: 3. FLAG SALUTE: KNIGHTS OF COLUMBUS 4. INVOCATION: PASTOR JERRY NELSON, SEVENTH-DAY ADVENTIST CHURCH, ARROYO GRANDE 5. SPECIAL PRESENTATIONS: 5.a. Mayor's Commendation Recoanizina Howard Mankins for his Cohtrlbution to the Villaae Streetliaht "Let There Be Liahts" Proaram 5.b. Honorarv Proclamation Recoanizina ADril 29. 2005 as Arbor Day 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 - APRIL 26, 2005 I PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTION~: 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 Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action.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. S.a. Cash Disbursement Ratification (PILLOW) Recommended Action: Ratify the listings of cash disbursements for the period April 1, 2005 - April 15, 2005. S.b. Consideration of Statement of Investment DeDosl!! (PILLOW) Recommended Action: Receive and file the report of current investment deposits as of March 31, 2005. S.c. Consideration of ADDroval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Regular City Council Meeting of April 12,2005 as submitted. S.d. Consideration of Relectlon of Claim Aaalnst the Cltv - E. Brigham (WETMORE) Recommended Action: Reject claim. S.e. Consideration of Resolution SUDDortlna Amkak Intercity Motorcoaches Access at Locations with No Other Intercltv Transit Services (ADAMS) Recommended Action: Adopt Resolution in support of allowing Amtrak intercity motorcoaches to provide service at locations with no other intercity transit services. --..- -----~..._- J AGENDA SUMMARY - APRIL 26, 2005 PAGE 3 8. CONSENT AGENDA (continued): a.f. Consideration of Fundina Reauest from Destination Imaalnation (ADAMS) Recommended Action: Appropriate $2,000 for a contribution to the Ocean View Elementary and Judkins Middle School Destination Imagination Global Competition teams. a.g. Consideration of Cross Boundarv Sewer Connection and Service Aareement wi!h the City of Grover Beach (ADAMS) Recommended Action: Approve the proposed Cross Boundary Sewer Connection and Service Agreement with the City of Grover Beach to enable sewer service to homes in the Parkside Development on Dixson Street utilizing a connection to a City of Grover Beach sewer collection line. a.h. Consideration of AcceDtance of Easements. Ri$Jhts of Ways and Publi!f ImDroyements for Tract 2260 - Phases I, II and III - Berrv Gardens - SIS Homes (SPAGNOLO) Recommended Action: 1) Accept the public improvements for Tract 2260; 2) Adopt Resolution accepting the offers of dedication and rights of ways shown on the final tract map for Phases I, II, and III; 3) Adopt Resolution accepting the offer of dedication for Courtland Street per Parcel Map AG 00-301; and 4) Accept the 10% warranty security in the amount of $376,045.84. a.L Consideration of Resolution Reaardina Maintenance of Trees Planted by the City on Prlyate Prooertv (HERNANDEZ) Recommended Action: The Parks and Recreation Commission recommends the Council adopt a Resolution regarding maintenance of trees planted by the City on private property. a.j. Consideration of Work Force Houslna Proaram ProDosed by S&S /'Iomes for Vestlna Tentatlye Tract MaD 92-002 (ADAMS) Recommended Action: Approve the work force housing program proposed by S&S Homes for Vesting Tentative Tract Map 02-002 - Parkside Village. a.k. Consideration of Reauest to Refund ADDllcatlon Fees for Architectural ~eYlew and Admlnlstratlye Sian Permit ADDllcatlons (STRONG) Recommended Action: Approve the request from the South County Historical Society to refund the application fees for Architectural Review 05-005 and Administrative Sign Permit 05-009. a.1. Consideration of Seyerance Pay for Office Assistant I Position (ADAMS) Recommended Action: Approve one month severance pay for City Manager's Office Assistant I Position. ----- -~.._--_.~-- AGENDA SUMMARY - APRIL 26, 2005 PAGE 4 9. PUBLIC HEARINGS: 9.a. Consideration of Amendments to Conditions of ADDroyal for Vestlna Tentatlye Tract MaD 02-002 tvTTM 2~10): ADDlicant - S&S Homes: Location - 10,3-acre site located on the North Side of Farroll Ayenue Between Oak Park BIYd. and Golden West Homes (STRONG) Recommended Action: Adopt Resolution approving proposed amendments to Conditions of Approval for VTTM 02-002 to modify the requirements for drainage improvements. 9.b. Consideration of Soecific Plan Amendment 03-001: ADDlicant - S&S Homes: Location - Southwest corner of Courtland Street and East Grand Ayenue (STRONG) Recommended Action: Adopt Resolution amending the Berry Gardens Specific Plan to allow mixed-use development of Subareas 3 and 4. 9.c. Consideration of ProDosed Ordinance Amendlna Arroyo Grande MUI1\f;lotl Code ChaDter 16.36 of Title 16 to Include Permlijlna Reaulrements ADo~e Jo Auto. Vehicle Parts Sales Without Installation Services In Commercl.l.l and ~ed Vse Districts and Addlna ChaDter 10.18 to Title 10 to Prohibit Aut9~.I_ ffIIDtenance and ReDair ActlYlty In Commerclll and Public P;erklna Lots fDevelooment Code Amendment 05-oil7}. (STRONG) Recommended Action: Introduce Ordinance. 10. CONTJNUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of Alternatlyes for the Reaulatlon of Formula Businesses In the City of ArrOYO Grande (STRONG) Recommended Action: Consider altematives for the regulation of formula business and direct staff accordingly. 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 FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Other -.---- AGENDA SUMMARY - APRIL 26, 2005 PAGE 5 12. CITY COUNCIL REPORTS (continued): (b) MAYOR PRO TEM JOE COSTELLO: (1) Zone 3 Water Advisory Board (2) County Water Resources Advisory Committee (WRAC) (3) Air Pollution Control District (APCD) (4) Other (c) COUNCIL MEMBER JIM DICKENS: (1) South County Area Transit (SCAT) (2) South County Youth Coalition (3) Other (d) COUNCIL MEMBER JIM GUTHRIE: (1) Economic Vitality Corporation (EVC) (2) Other (e) COUNCIL MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA) (2) Califomia Joint Powers Insurance Authority (CJPIA) (3) Other 13. CITY COUNCIL MEMBER ITE~: 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 to place on future agenda for consideration interpretation of General Plan policies under Objective Ag1. of the Agriculture, Conservation and Open Space Element regarding conservation of prime farmland soils and determine if a General Plan Amendment is necessary to further clarify the interpretation. (GUTHRIE) 14. CITY MANAGER ITEMS: The following jtem(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 COMMU"NICA TIONS: Correspondence/Comments as presented by the City Council. 16. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. AGENDA SUMMARY - APRIL 26, 2005 PAGE 6 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 +++++++++ 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 altemative 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 a05-473-5414 as soon as possible and at least 4a hours prior to the meeting date. +++++++++ Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. www.arroyoarande.ora 5.8. a or's Commendation 9?ramted to <Howard qn recognition of Your Generous Contri&ution for the COi((age StreetUght tt%t [here 'Be ~hts tt 9?rogram. QYotrt ~errara, ~or -. ~.- ..-- -..._- _..._~ 5.b. OF ~LIF~~~ - ~ Honorary Proclamation Recognizing Arbor Day April 29, 2005 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a i million trees in Nebraska; and I WHEREAS, 2005 is the 133'" Anniversary of Arbor Day, and it is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving o~ygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other. wood products, increase property values, enhance the economic vitality of business areas, beautify our community, and trees, whenever they are planted are a source of joy and spiritial renewal; and WHEREAS, the City of Arroyo Grande has been recognized as a Tree City USA by the National Arbor Day Foundation for the 23rd consecutive year and desires to continue its tree-planting ways. NOW THEREFORE, BE IT RESOLVED, that I, Tony Ferrara, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby recognize and proclaim April 29'" as "ARBOR DAY" in the City of Arroyo Grande, and urge all citizens to celebrate "ARBOR DAY" and to support efforts to care for our trees and woodlands and to support our City's community forestry program. BE IT FURTHER RESOLVED, I urge all citizens to plant a tree to gladden the heart and promote the welJ'-being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Sea' of the City of Arroyo Grande to be affixed this 26th dey of April 2005. TONY FERRARA, MAYOR 8.a. MEMORANDUM TO: CITY COUNCIL FROM: ANGELA PILLOW, DIRECTOR OF FINANCIAL SERVICES V BY: FRANCES R. HEAD, ACCOUNTING SUPERVISO~ SUBJECT: CASH DiSBURSEMENT RATIFICATION DATE: APRIL 26, 2005 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period April 1 through April 15, 2005. FUNDING: There is a $1,353,741.65 fiscal impact. All payments are within the existing budget. DISCUSSION: The attached listing represents the cash disbursements required of normal and usual operations. It is requested that the City Council approve these payments. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staffs recommendation; . Do not approve staffs recommendation; . Provide direction to staff. Attachments: Attachment 1 - Cash Disbursement Listing Attachment 2 - April 1, 2005, Accounts Payable Check Register Attachment 3 - April 1 , 2005, Payroll Checks and Benefit Checks Register Attachment 4 - April 7, 2005, Accounts Payable Check Register Attachment 5 - April 15, 2005, Accounts Payable Check Register Attachment 6 - April 15, 2005 Payroll Checks and Benefit Checks Register -_.__._~-- -----~.- .----.-- "---- ATTACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS ~ de 'Petti4tt ~ J'i{W.t 1 7~ J'i{W.t 15. 2005 " April 26, 2005 Presented are the cash disbursements issued by the Department of Financial Services for the period April 1 to April 15, 2005. Shown are cash disbursements by week of occurrence and type of payment. WEEK TYPE OF PAYMENT ATIACHMENT AMOUNT April 1, 2005 AccOlmts Payable Cks 120255-120260 2 $ 251,240.78 Payroll Checks and Benefit Checks 3 392,881.53 $ 644,.122.31 April 7, 2005 Accotmts Payable Cks 121B75-120463 4 $ 67,504.70 April 15, 2005 Accounts Payable Cks 120464-l206O6 5 $ 277,381.51 Payroll Checks and Benefit Olecks 6 364,733.13 642,.114.64 THREE-WEEK TOTAL $ 1,353,741.65 U:\M5WORD\ CITY COUNCIL FORMS\ CASH DISBURSEMENr SCHED wEXCEL WKS.doc CI1Y OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND (010) SPECIAL REVENUE FUNDS City Government (Fund 010) Park Development Fee Fund (Fund 213) 4001 - City Council 4550 - Park Development Fee 4002 - Administrative Services Traffic Signal Fund (Fund 222) 4003 - City Attorney 4501 - Traffic Fund 4101 - City Manager Transportation Fund (Fund 225) 4102 - Printing/Duplicating 4553 - Public Transit System 4120 - Financial Services Construction Tax Fund (Fund 230) 4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax 4130 - Community Development Police Grant Funds 4131 - Community Building (CDBG) 4201 - Law Enforcement Equip. (Fd 272) 4140 - Management Information System 4202 - State AB3229 Cops Grant (Fd 271) 4145 - Non Departmental 4203 - Federal Universal Hiring (Fd 274) Public: Safety (Fund 01 0) 4208 - Federal Local Law Enforc:mt (FD 279) 4201 - Police Redevelopment Agency ( Fund 284) 4211 - Fire 4103 - Redevelopment Administration 4212 - Building & Safety ENTERPRISE FUNDS Public: Works (Fund 010) Sewer Fund (Fund 612) 4301 - Public Works-Admin & Engineering 4610 - Sewer Maintenance 4303 - Street/ Bridge Maintenance Water Fund (Fund 640) 4304 - Street Lighting 4710 - Water Administration 4305 - Automotive Shop 4711 - Water Production Parks & Recreation (Fund 010) 4712 - Water Distribution 4420 - Parks Lopez Administration (Fund 641) 4421 - Recreation 4750 - Lopez Administration 4422 - General Recreation CAPITAL IMPROVEMENT PROGRAMS IFund 350) 4423 - Pre-School Program 5501-5599 - Park Projects 4424 - Recreation-Special Programs 5601-5699 - Streets Projects 4425 - Children in Motion 5701-5799 - Drainage Projects 4426 - Five Cities Youth Basketball 5801-5899 - Water/Sewer/Street Projects 4430 - Soto Sport Complex 5901-5999 - Water Projects 4213 - Government Buildings 4460 - Parkway Maintenance U:\MSWORD\CITY COUNCIL FORMS\CASH DlSBURSEMENTSCHED wEXCEL WIG.doc --_._--~..-.- - .... - 00 00 0 00 00 00 ~ c "'''' "'''' 0 00 cq~ 00 ::I NN r...:...: 0 cid Iri.n 0 ~ - E "'''' CO'" '" "'0 ........ 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'" '" '" \ co ~~ ~ 1.;: 1 - co " N ~~ ~ - "Zoo 5 ".:J '::!o: ATTACHMENT 3 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 03/11/05 - 03/24/05 04/01/05 FUND 010 354,071.80 Salaries Full time 193,830.60 FUND 220 16,790.00 Salaries Part-Time - PPT 23,660.25 FUND 284 1,449.95 Salaries Part-Time - TPT 8,016.27 FUND 612 5,909.99 Salaries OverTime 13,774.56 FUND 640 14,659.79 Salaries Standby 380.02 392,881.53 Holiday Pay 6,935.24 Sick Pay 5,369.18 Annual Leave Buyback - Vacation Buyback - Sick Leave Buyback - Vacation Pay 11,903.76 Comp Pay 4,341.31 Annual Leave Pay 1,873.70 PERS Retirement 56,418.46 Social Security 19,372.43 PARS Retirement 312.86 State Disability Ins. 1,044.85 Deferred Compensation 725.00 Health Insurance 37,678.46 Dental Insurance 4,554.03 Vision Insurance 1,013.81 Life Insurance 726.74 Long Term Disability - Uniform Allowance - Car Allowance 875.00 Council Expense - Employee Assistance - Boot Allowance - Motor Pay 75.00 - 392,881.53 I i -----..- ... - "'''' :gIg ~ N ........ ~- CDID 00 .- " CD ID '" ...- NN "'''' 00 " ~~ 0) cO ~ M -.:tN r-..:,..: Il:i.o Il:i..o 0 E ~- ~ ~ ID ........ 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I:i on N .. - - g 'tJ + 0 N '" C!; '" ~ 1St:! u ~ 0 ~ ._ on ... g ~ ~ ~ 8 -... ~ 130i o N N N > .... - .... .... - .... ,. 0 ~ ;2005-D ~ ATTACHMENT 6 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 03/25/05 - 04107105 04115/05 FUND 010 325,713,17 Salaries Full time 186,021.22 FUND 220 17,029.56 Salaries Part-Time - PPT 18,565,04 FUND 284 1,630.34 Salaries Part-Time - TPT 7,450.93 FUND 612 5,671.80 Salaries OverTime 15,135.95 FUND 640 14,688,26 Salaries Standby 386.53 364,733.13 Holiday Pay 1,368.54 Sick Pay 4,267.78 Annual Leave Buyback - Vacation Buyback - Sick Leave Buyback - Vacation Pay 13,126.56 Comp Pay 2,649.06 Annual Leave Pay 3,490.76 PERS Retirement 52,861.76 Social Security 17,992.67 PARS Retirement 314.34 State Disability Ins, 1,037.61 Deferred Compensation 725,00 Health Insurance 31,965.70 Dental Insurance 4,018,35 Vision Insurance 939.35 Life Insurance 711,03 Long Term Disability 969.57 Uniform Allowance - Car Allowance 500.00 Council Expense - Employee Assistance 160.38 Boot Allowance - Motor Pay 75.00 - 364,733,13 - _u- n_ ------------.-- a.b. MEMORANDUM TO: CITY COUNCIL {ff FROM: ANGELA PILLOW, DIRECTOR OF FINANCIAL SERVICES BY: FRANCES R. HEAD, ACCOUNTING SUPERVISOR f. SUBJECT: STATEMENT OF INVESTMENT DEPOSITS DATE: APRIL 26, 2005 Attached please find a report listing the current investment deposits of the City of Arroyo Grande, as of March 31, 2005, as required by Government Code Section 53646 (b), ------- CITY OF ARROYO GRANDE MONTHLY INVESTMENT REPORT A6 01 '1/(aIId Sf, 2005 ~ ~.. ~~ April 26, 2005 This report presents the City's investments as of March 31, 2005, It includes all investments managed by the City, the investment institution, type of investment, maturity date, and rate of interest, As of March 31, 2005, the investment portfolio was in compliance with all State laws and the City's investment policy, Current Investments: The City is currently investing all short-term excess cash in the Local Agency Investment Fund (LAIF) administered by the State Treasurer, This is a very high quality investment in terms of safety, liquidity, and yield, The City may readily transfer the LAIF funds to the City's checking account when funds are needed, At this time, the City does not hold any other investments, The following is a comparison of investments based on book values as of March 31, 2005, compared with the prior month and the prior year, LAIF INVFSTMENT CURRENT PRIOR MONTH PRIOR YEAR Date: March,2005 February, 2005 March, 2004 Amount: $ 11,959,532 $ 11,959,532 $ 12,300,000 Interest Rate: 2.54% 2.37% 1.44% - ---- --.~--_.- B.c. MINUTES I REGULAR MEETING OF THE CITY COUNCIL TUESDAY, APRIL 12, 2005 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:06 p.m. 2. ROI:,L CALL City Council: Council Members Dickens, Guthrie, Arnold, Mayor Pro Tem Costello and Mayor Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services/City Clerk Wetmore, Director of Public WorkIICIty Engineer Spagnolo, Director of Financial Services PiUow. and Director of Community Development Strong. 3. FLAG SALUTE Members of Boy Scout Troop 489 led the Flag Salute. 4. INVOCATION Pastor George Lepper, Peace Lutheran Church, delivered the invocation. 5. SP~CIAL PRESENTATIONS 5.a. Honorary Proclamation Declaring April, 2005 as "Month of the Child". Mayor Ferrara presented an Honorary Proclamation proclaiming AprU 2005 as "Month of the Child". Paula Tripp, Director of EOC Head Start, accepted the Proclan1atlon on behaU of the Five Cities Head Start program. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read In Tltie Only. Mayor Pro Tern Costello moved, Council Member Arnold 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. CI'{gEMS' INPUT. COMf,tEIjTS. AND SYGqJ;S1JO", KrIsten Bameich. Arroyo Grande resident and member of the Architectural Review Committee. expressed disappointment and concern with the f&98de changes that have taken place to the brick wall, walkways, steps and handrail of the 1oo-year old church on E. Branch Street in the Village. She stated that the stucco material used is inappropriate and too modem for the building, and requested the City stop the work in progress and request that a proposal be submitted to the Architectural Review Committee for review. Ms. Barneich submitted a Jetter for the record (on file In the Administrative Services Department). Mike McConville. Arroyo Grande resident, commended the Council and the CIty on the new Traffic Way Bridge Rail and said it looks great. - -- --- - CITY COUNCIL MINUTES APRIL 12, 2005 PAGE 2 8. CONSENT AGENDA Council Member Arnold referred to Consent Agenda Item 8,b. and noted that he was absent from the March 22, 2005 meeting and the minutes reflected that he was present. Staff noted that the March 22, 2005 City Council minutes would be amended to reflect Council Member Arnold's absence from the meeting. Council Member Guthrie moved, and Council Member Arnold seconded the motion to approve Consent Agenda Items 8,a. through 8.f., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: Guthrie, Arnold, Dickens, Costello, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period March 16, 2005 through March 31, 2005. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Meeting of March 22, 2005, as amended, 8.c. Consideration of Resolution Establishing a Job Description and Salary Range for the Position of Information Technology Manager. Action: Adopted Resolution No. 3829 establishing a job description and salary range for the position of Information Tech. 8.d. Consideration of an Agreement for Consultant Services with Lee Wilson Electric for Maintenance of Traffic Signals. Action: Approved an Agreement for Consultant Services with Lee Wilson Electric for traffic signal maintenance. 8.e. Consideration of a Resolution Approving an Agreement for Maintenance of State Highway 227. Action: Adopted Resolution No. 3830 approving an Agreement with Caltrans for Maintenance of State Highway 227, and authorize the Mayor to sign the Agreement. 8.1. Consideration to Appropriate Additional Funds for Construction of the Creekside Path, Phase III Lighting Project. Action: Appropriated additional funds in the amount of $6,000 for the construction of the Creekside Path, Phase III Lighting Project, PW 2004-03 for unanticipated expenses incurred during construction. 9. PUBLIC HEARiNGS 9.a. Consideration of Resolution Amending Operating Fees Based on .Changes in the Consumer Price Index (CPI) and Addition of a New Community Development Fee. Director of Financial Services Pillow presented the staff report and recommended the Council adopt a Resolution amending operating fees for Parks and Recreation, Community Development, Engineering, Building, and Fire Services and approve the establishment of a new operating fee for preparation of mailing labels. - - CITY COUNCIL MINUTES APRIL 12, 2005 i PAGE 3 i Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. No public comments were received and the Mayor closed the public hearing. Council Member Dickens moved to adopt a Resolution as follows, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING OPERATING FEES FOR PARKS AND RECREATION, COMMUNITY DEVELOPMENT, ENGINEERING, BUILDING, AND FIRE SERVICES" and approve the addition of a new operating fee for mailing labels. Council Member Arnold seconded the motion, and the motion carried on the following roll-call vote: AYES: Dickens, Arnold, Guthrie, Costello, Ferrara NOES: None ABSENT: None 9.b. Consideration of Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase. City Manager Adams presented the staff report and recommended the Council adopt a Resolution approving the integrated solid waste collection rate increase, Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. No public comments were received and the Mayor closed the public hearing. Council Member Arnold moved to adopt a Resolution as follows, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING INTEGRATED SOLID WASTE COLLECTION SERVICE RATES", Council Member Guthrie seconded the motion, and the motion carried on the following roll-call vote: AYES: Arnold, Guthrie, Dickens, Costello, Ferrara NOES: None ABSENT: None 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Resolution Adopting State Affordablllty Housing Standards for Determination of Maximum SaleS Price for Affordable Housing. City Manager Adams presented the staff report and recommended the City Council adopt a Resolution adopting State affordability housing standards for determination of maximum sales price for affordable housing units and establish the interest rate at 6.125% for computing the formula. City Manager Adams and Mr. Jerry Rioux from the San Luis Obispo County Housing Trust Fund responded to questions from Council about the proposed State formula for determining maximum sales price for affordable housing. . - ---- CITY COUNCIL MINUTES APRIL 12, 2005 PAGE 4 Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter, Jack Hardv. representing S&S Homes and owner of Century 21 Hometown Realty, spoke in opposition to the proposal to modify the formula for determining maximum sales price for affordable housing units, He referenced the 17-unit affordable units at Jasmine Place and stated that every unit is either under contract or reserved, He stated that the difficulty experienced in selling the units has been the 30-year deed restriction requirement, not the selling price, He commented that the terms of the affordable housing agreement are complex and difficult to understand, He commented that most buyers have a difficult time coming up with a 5% down payment and he explained various financing methods that have been used to assist homebuyers, He further expressed concerns about impacts on resale for existing homebuyers if the selling price is reduced; and further stated that the proposal to use the State's formula would result in less affordable units being built. He felt there was a better way to administer the program and said they were willing to continue working on this issue with the City and others in the housing industry, Mike McConville, Arroyo Grande resident, agreed with comments made by Mr. Hardy and commented that the City needed to hear from lenders, builders, and the community before considering this proposal further, John Mack, representing S&S Homes, requested a continuance of this item in order to better understand the proposed formula and review its effects and impact on current Jasmine Place homebuyers, as well as on their proposed Parkside development project. He submitted a letter from S&S Homes for the record (on file in the Administrative Services Department) requesting a continuance of this item for 30 days. There were no further public comments received, Extensive discussion ensued regarding the complexity of the inclusionary housing program; the City's existing practice of using the County formula for determining maximum sales prices for affordable units versus changing to the State formula; the need to use an accurate and responsive index to determine interest rates; the importance of maintaining consistency with regard to setting sales prices; clarifying that there is protection in affordable housing agreements that enable buyers to sell their units at the price they paid plus a portion of the increase in value; a suggestion for a modification to the affordable housing agreement that would not require the 30-year deed restriction to revert to the beginning of the term when a home is transferred to a family member; acknowledgement that the City's goal is to keep affordable housing in the City's . housing inventory; working toward a policy to support workforce housing; a request to provide additional detail regarding how the State affordable housing formula would be applied by presenting specific scenarios and assumptions in order to better understand the proposed formula; a suggestion to research the City's demographics and provide options for a locally designated formula; a suggestion for developing a pool of qualified buyers; a suggestion to place information regarding the program on the City's website with links to the San Luis Obispo County Housing Trust Fund; and direction to staff to bring this item back as a duly noticed public hearing. Following further discussion, Council Member Arnold moved to continue the item to a date uncertain. Mayor Pro Tem Costello seconded the motion, and the motion carried on the following roll-call vote: - CITY COUNCIL MINUTES APRIL 12, 2005 PAGE 5 AYES: Arnold, Costello, Dickens, Guthrie, Ferrara NOES: None ABSENT: None 11.b. Consideration of "Let There Be Lights" Program Changes, Community Development Director Strong presented the staff report and recommended the Council approve revising the fixture, pole and lighting system design and accept donations for remaining street lighting within the Village area to a new proposed PG&E alternative, Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. No public comments were received and the Mayor closed the public comment period, Council and staff discussion ensued concerning the change in design; the importance of matching the existing lights as closely as possible; and clarification that PG&E would maintain the lights; however, the City would be responsible for maintaining and replacing associated banner arms and accessories, Following Council comments in support of the proposal, Director Strong announced that the City had received a single voluntary donation from Howard Mankins for all twelve lights in Phase 2 and recognized him for his generosity. City Manager Adams also recognized Director Strong for his efforts in developing administering the "Let There Be Ughts" Program. Mayor Pro Tem Costello moved to approve revising the fixture, pole and lighting system design and accept donations for remaining street lighting within the Village area to a new proposed PG&E alternative. Council Member Guthrie seconded the motion, and the motion carried on the following roll-call vote: AYES: Costello, Guthrie, Dickens, Arnold, Ferrara NOES: None ABSENT: None 12. CITY COUNCIL MEMBER ITEMS a) Request to forward comments to County Board of Supervisors on Cypress Ridge Phase 2 project. (FERRARA) Following a brief overview of the proposed Cypress Ridge Phase 2 project, which is scheduled to be considered by the San Luis Obispo County Board of Supervisors on April 19, 2005, Mayor Ferrara requeSted; and the Council concurred, to direct staff to draft a letter regarding the City's concerns about land use, water, air quality, traffic and circulation impacts and the need for a full Environmental Impact Report. It was also requested that staff attend and present the City's concerns in person at the Board of Supervisor's April 19th meeting. 13. CITY MANAGER ITEMS None. CITY COUNCIL MINUTES APRIL 12, 2005 PAGE 6 14. COUNCIL COMMUNICATIONS Council Member Dickens requested that staff investigate information that was provided to him concerning a proposed 19-acre subdivision project referred to as the Godfrey Tract located off of Corbett Canyon Road. He stated that the subdivision is scheduled to be heard by the County Planning Commission on Thursday, April 14th and he would like to obtain further information on the specific proposal, whether there may be an impact on the City, and whether the City should take a position on the proposal. Council Member Arnold expressed concern about conflicting information a citizen had received regarding the City's plumbing retrofit program, esp~ially since the City is encouraging water conservation, and requested that staff follow up on the issue to ensure that all parties are aware of the policies in place. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT There being no further business to come before the City Council, Mayor Ferrara adjourned the meeting at 9:43 p.m. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ) .-~- B.d. MEMORANDUM TO: CITY COUNCIL FROM: KELL Y W~RE, DIRECTOR OF ADMINISTRATIVE SERVICES/CITY CLERK SUBJECT: REJECTION OF CLAIM AGAINST CITY - E. BRIGHAM DATE: APRIL 26, 2005 RECOMMENDATION: It is recommended the City Council reject the claim for damages against the City filed by Mr. Ernest Brigham. FUNDING: None. DISCUSSION: The City's insurance administrators have reviewed the claim of Mr. Brigham and recommend it be rejected. Attachments: 1. Status Report 2. Rejection Letter ,. ATTACHMENT 1 '-"-'';','' r', "'I. . . 0'- P)'" " ," .J .: ,', -J ,'Ii 2: 57 April 7, 2005 GOVERNMENTAL ENTITY PRELIMINARY REPORT TO: Carl Warren & Company 750 The City Drive, Suite 400 Orange, CA 92868 Attention: Dwight Kunz Principal: CJPIA Our File:.:. 293835 City: Arroyo Grande Date of Loss: 1/8/05 Claimant: Ernest Brigham Date Received: 3/28/05 Facts: The claimant alleges his vehicle tires were damaged by pothole. Replv Reauest: Please send a standard rejection letter to: Ernest Brigham 1009 Hodges Rd. Arroyo Grande CA 93420 Government Code Reauirements: The City received the claim on March 18, 2005.The claim was filed timely. a) Date Verified Claim Filed: 4/4/05 b; Action by Public Entity: Reject the claim c) Statute of Limitations: The statute will expire 6 months from the date of the rejection letter. Possible Co-Defendants: None Liabilitv: Per Public Works, the City was notified by the Arroyo Grande Police Department on Sunday January 9, 2005 about the pothole. Public Works indicated they have crews monitoring many areas of concern during storms. This location has been filled on numerous occasions prior to this incident. The City's was subjected to V. of rain on January 7, 2005 and 1 % inches of rain on January 8, 2005. 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 -~..._- ------- ---'-'-'- ~ Liabilitv (cont.): This is common problem to roadways during heavy rainfall. The City has demonstrated their diligence to maintain the roads during storms to the best of their ability. Damal!es: The claimant is alleging up to $523.26 for the replacement of two tires and front-end alignment. The receipts indicate the vehicle had 26698 on the odometer at the time of the tire replacement. If the claimant were to file a small claims action against the city, the wear on the tire would be addressed and adjusted. Claim Status: The claim should be rejected by the City. There is no record of prior notice of this condition. The City has shown their proactive procedures to address road conditions. Claim: Reserve: Ernest Brigham $550.00 Comment 1 Work to be Completed: I will diary my file to April 29, 2005 awaiting receipt of the rejection letter.. Very Truly Yours, CARL WARREN & CO. ~~'-~ , I ! Keith Swanson, LPCS, CCLA cc: City of Arroyo Grande / Attn. Steve Adams, City Manager -2- Carl Wa"en & Co. .,--..--- --~ 'ftuy 0/ ATTACHMENT 2 P.O. Box 550 ~ [ff~ 214 East Branch Street Arroyo Grande, CA 93421 Phone: (805) 473-5414 ADMINISTRATIVE SERVICES FAX: (805) 473-0386 E.Mail: agdty@arroyogrande.org Apri/27,2005 Mr. Ernest Brigham 1009 Hodges Road Arroyo Grande CA 93420 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 on March 28, 2005 was rejected by the City Council on April 26, 2005. 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 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. Government Code Sections 900 et. seq.. Other causes of action, including those arising under federal law, may have different time limitations for filing. You 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/City Clerk c: City Manager City Attorney Director of Public Works Carl Warren & Co. ~ ';-' 8.e. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER5I1 SUBJECT: CONSIDERATION OF RESOLUTION SUPPORTING AMTRAK INTERCITY MOTORCOACHES ACCESS AT LOCATIONS WITH NO OTHER INTERCITY TRANSIT SERVICES DATE: APRIL 26, 2005 RECOMMENDATION: It is recommended the City Council adopt the attached resolution in support of allowing Amtrak intercity motorcoaches to provide service at locations with no other intercity transit services. FUNDING: There is no direct financial impact to the City from this action. DISCUSSION: The City was recently notified that Greyhound Lines is discontinuing service to a number of communities along the Highway 101 corridor from San Francisco to Los Angeles, including Arroyo Grande. Staff from the San Luis Obispo Council of Governments (SLOCOG) have been working on efforts to enable Amtrak connecting buses to assume this service. Currently, Amtrak buses provide service to the Grover Beach Train Depot, but State law allows the general public to use the buses only if their trip also includes travel by train. Assemblyman Simon Salinas has proposed AS 765, which would exclude tow local motor carriers from undesirable restrictions on their ability to serve passengers within their service area. SLOCOG has proposed to Assemblyman Salinas that the legislation be modified to address the need to allow more complete access to the Amtrak buses. It is proposed that if a location is not served by any intercity bus company (Greyhound. Orange Belt, etc.), Amtrak's connecting buses be able to offer service at a "reasonable fare", even if there is no rail transportation included in the trip. This would improve the efficiency of the buses and offer increased transportation options to people at locations not served by any other intercity bus company. Assemblyman Salinas' staff has indicated that they may be willing to recommend this change if there is local support. ---- -----.., ..-- CITY COUNCIL RESOLUTION SUPPORTING AMTRAK INTERCITY MOTORCOACHES ACCESS AT LOCATIONS WITH NO OTHER INTERCITY TRANSIT SERVICES APRIL 26, 2005 PAGE 2 There is some disagreement by the current operator of the Amtrak service whether the legislation is necessary. However, both Amtrak and Caltrans have indicated that the change is required in order to qualify the operator to provide the service. The attached resolution is based upon a similar resolution drafted and approved by SLOCOG. To address concerns of the operator, the resolution includes a statement supporting the legislative changes "only if it is required" and the addition penalty provisions to maintain protection against unfair competition. If enabled by State legislation, unlike Greyhound service, the Amtrak service would probably continue to serve Grover Beach rather than Arroyo Grande directly. However, the SCAT system provides a connection to the Grover Beach Train Depot. Therefore, a combination of regional and local service would serve those traveling to Arroyo Grande by bus. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve the attached resolution in support of allowing Amtrak intercity motorcoaches to provide service at locations with no other intercity transit services: - Modify and approve the resolution; - Do not approve the resolution; - Provide staff direction. Attachments: 1. Fact sheet and summary of suggested changes to Government Code 14035.55 S:ICITY MANAGERISTEVEICouncil ReportslAm1Iak Resolution Report 4.26.05.doc i i I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUPPORTING AMTRAK INTERCITY MOTORCOACHES ACCESS AT LOCATIONS WITH NO OTHER INTERCITY TRANSIT SERVICES ' WHEREAS, increasing mobility choices for all people, including residents of rural and suburban areas,. is a high priority especially when funding resources are limited for transportation capital projects; and WHEREAS, intercity motor coach carriers are an important mobility link in the overall transportation network; and WHEREAS, the largest intercity bus company in the nation, Greyhound, has announced plans to discontinue services in 64 California locations, including Arroyo Grande; and WHEREAS, the California Department of Transportation currently provides funding to Amtrak for "feeder buses" to carry only rail passengers that are not located along a passenger rail corridor to/from rail stations; and WHEREAS, greater efficiencies can be achieved if Amtrak buses are permitted to: a) transport passengers only if a portion of their travel includes rail transportation, and b) there,is no other intercity motor coach service available; and WHEREAS, provisions will be retained in State law to ensure the Amtrak "feeder bus" network does not unfairly compete with intercity motor coach carriers not receiving state transportation funds; and WHEREAS, existing law allows Amtrak to contract with motor carriers for "mixed-mode" travel only if the motor carrier has been operating without an Amtrak contract for 12 months immediately prior to contracting with Amtrak. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Arroyo Grande hereby supports efforts to allow the Amtrak feeder-bus network to transport passengers when there is no other intercity service available; and BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande supports the elimination of the 12-month provision under California Government Code Section 14035.55 Section 1 Subsection (e) only if it is required to allow mixed-mode bus operations on the Coast Route (Los Angeles-San Francisco), BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande supports inclusion of penalty provisions in State law when transportation does not include travel by rail as part of a passenger's overall travel on California Amtrak service. --- -.--- RESOLUTION NO. PAGE 2 On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of ,2005. -.--.-- RESOLUTION NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY i I - ------------ -----.----.--....-.-...------..- .-- ~_I Attachment 1 8-5 2005 Pendina Leaislation. FACT SHEET Large connecting Amtrak bus network - Amtrak, in partnership with the State of California, provides a comprehensive network of connecting buses to bring passengers to and/or from state-supported Amtrak trains (Pacific Swfliner, Capitol Corridor, San Joaquin). Only rail passengers are allowed - All passengers on the Amtrak buses must have some portion oftheir trip by rail per state law (Section 13902 (b) (8) (A) Title 49 U.S.C.) 100% Farebox recovery ratio required - The connecting buses are very successful and cost-effective. At a minimum, the buses are required to break-even - or they are eliminated. Amtrak bus ridership is strong - In FY 2002/03 the buses carried 664,000 passengers, with about 9 passengers per trip, generating nearly $9 million in revenue. Greyhound Service Cuts - In early March 2005 Greyhound announced it is cutting bus service to 64 locations in California. Many of these cities will be without any intercity motorcoach service. 22 of the 64 locations are served by Amtrak buses - About one third of the locations, now without Greyhound service, will continue to have Amtrak buses - however the buses are onlv available for passengers with a portion of their trip by rail. These locations include: . Atascadero . Healdsburg . Auburn . Irvine . Baker . Layton . Boron . Legget . Buellton . Lompoc . Carpentaria . Monterey . Cloverdale . Monterey Transit Center Corning Napa ;( . . . Davis . Petaluma . Fortuna . Richman . Garbervile . Soda Springs Legislative change is needed to allow Amtrak buses to serve locations without any other intercity services - Changes to State law, such as amendments proposed to Assembly Bill 765, would be required in order to allow Amtrak buses to transport "non-rail" passengers. Prepared by Peter Rodgers, San Luis Obispo Council of Governments. 805-781-5712 I ---..---- ----- -------------------- -~ Amtrak Thruway Bus Connections Suggested changes to Government Code 14035.55 Senate Bill 804 was enacted in 1999 placing restrictions on the Amtrak feeder bus system. This bill changed Government Code Section 14035.55. The bill was sponsored by Greyhound and was an attempt to limit what Greyhound saw as unfair competition by Amtrak's feeder bus network. The provisions ofSB-804, and current Gov. Code 14035.55 include: . Encourages Amtrak and Intercity Bus Carriers to combine or package their respective services and facilities, and to coordinate schedules, routes, rates, reservations and ticketing. . Requires that passengers on State-funded Amtrak thruway bus routes must be using the bus in combination with rail travel as evidenced by a combination rail-bus ticket. . Permits Amtrak to contract with existing Intercity Bus Carriers for "mixed mode" service (Amtrak and bus company passengers carried on the same bus) onlv if the bus company has been operating the route without an Amtrak contract for at least 12 months immediately prior to contracting with Amtrak. The first of these provisions has been applied successfully in several instances: . Amtrak entered into a contract with Greyhound to provide bus service between San Francisco and Stockton, connecting with San Joaquin trains that originate or terminate in Sacramento. Greyhound subsequently extended the route from Stockton to Modesto, Oakdale and Sonora, connecting with San Joaquin trains at Modesto. This extension was funded with Federal intercity bus funds (Section 5311(f)) and was not part of the Amtrak contract service, however Amtrak tickets were honored on the buses between Modesto and Sonora, and Greyhound was reimbursed for each Amtrak passenger carried. The Sonora extension was discontinued after two years due to low ridership. . Amtrak added two daily Greyhound round trips between Eureka and Redding to the Amtrak network. Once again, there was no Amtrak subsidy. Instead, Amtrak tickets were honored by Greyhound and Greyhound was reimbursed for each Amtrak passenger carried. This route was discontinued after two years operation due to low ridership. . Amtrak contracted with Orange Belt Stages to provide two daily round trips between Fresno and Porterville via Visalia--a route that Orange Belt had operated for many years. The two round trips made connections with Amtrak trains in Fresno, but the buses also served the Fresno Greyhound station, permitting passengers to also make connections with Greyhound's nationwide network. Orange Belt Stages was paid a contract price for providing the bus service and was not reimbursed for any Amtrak passengers carried, however, Orange Belt could sell any unoccupied seats to its own passengers. This route was also discontinued after two years operation-it was unable to meet Caltrans' financial performance requirements. 1 I I -_.~ _________n_____...____ ---~ While these examples show the successful application of the first provision of SB-804, the second and third provisions have created problems. . There are several places where the Amtrak feeder buses are the only public transportation on the route. The best example of this is between Bakersfield and Oxnard-Santa Barbara. Amtrak operates four daily round trips, however there are no other intercity carriers on this route. To ride Greyhound from Santa Barbara to Bakersfield, a passenger must travel via Los Angeles, essentially doubling the trip length. Amtrak may sell a ticket to a passenger traveling from Wasco to Santa Barbara, using the train for the short distance from Wasco to Bakersfield and the bus from Bakersfield to Santa Barbara. However, Amtrak cannot sell a ticket from Bakersfield to Santa Barbara, even though there is no competing service, because the passenger is not using a train for part of his or her trip. Other examples where Amtrak provides the only service are: . Sacramento to Grass Valley and Nevada City; . Sacramento to Carson City; . Bakersfield and Lancaster to Littlerock, Adelanto and Victorville; . Bakersfield to Chatsworth and Simi Valley; . Bakersfield to Moreno Valley, Perris and Hemet; . Martinez and Vallejo to Santa Rosa, Ukiah, Eureka and Arcata; . Martinez to Napa; . In April, 2005, Greyhound discontinued service to 64 locations in Califomia. Many of these locations are also served by Amtrak Thruway routes. However, due to the restrictions of SB-804, Amtrak is not allowed to carry local passengers on the route, even though Greyhound no longer serves these stops. Examples of the discontinued Greyhound stops that are also served by Amtrak include: . Atascadero . Buellton . Cloverdale . Corning . Davis . Fortuna I . Garberville I . Healdsburg , ! . Lompoc . McKinleyville . Monterey . Solvang . and others . The mixed-mode bus route between Fresno and Porterville via Visalia offered good train connections at Fresno to points throughout Northern California. Passengers from Southern California, however, were required to ride a Thruway bus to Bakersfield, then ride the train north to Fresno, then turn south on the bus to their 2 ----.. .. -- - ._-~.- destination--the long way around. Extension of the bus route south from Porterville to Bakersfield could have offered much better connections from Southern California, and might have generated enough passengers to make the route successful. The problem was that most of these passengers from Southern California would not be using a train for part of their trip and therefore could not legally buy an Amtrak ticket. . There are several places where Amtrak bus routes operate parallel to Amtrak train routes. Passenger travel on Amtrak trains is unrestricted, however travel on parallel bus routes requires train travel for part of the trip. Presumably, a round trip, using the train in one direction and the bus in the other would be permitted, but one-way travel using only the bus is not. On routes where travel is unreserved (Pacific Surfliners and Capitol Corridor), it is extremely difficult to determine if a passenger meets the train- bus requirement. Examples of parallel services include: . Sacramento-Roseville-Colfax- Truckee-Reno-Sparks; . Sacramento- Lodi-Stockton; . Los Angeles-Van Nuys-Oxnard- Ventura-Santa Barbara; . Santa Barbara-Grover Beach-San Luis Obispo-Paso Robles-Salinas-San Jose- Oakland; . San Diego-Solana Beach-Oceanside-San Juan Capistrano-Santa Ana-Fullerton- Los Angeles; . Burbank Airport-Van Nuys-Chatsworth-Sirni Valley; . Sacramento-Davis-SuisunlFairfield; . Sacramento-Chico-Redding. . The requirement that mixed-mode service may only be initiated on routes that have been operating without Amtrak subsidy for a least a year has prevented the development of new services and could potentially require discontinuance of routes that are appropriate candidates for rnixed mode service. The following are examples of the limitations of this provision: . When Greyhound proposed extending the San Francisco-Stockton service to Sonora, they wanted to start service before the Federal 5311(f) funding was available. Greyhound suggested that Amtrak fund the route until the Federal funding was available, but the provision ofSB-804 made that impossible since Greyhound had not been operating the route without Federal funding for at least a year. . The recently discontinued bus route between Surf and Solvang via Lompoc did not generate enough ridership to justify continuation of the Amtrak subsidy. This route could have provided local transportation in the Santa Ynez Valley where there is currently no other public transportation, and it is likely the combination of Amtrak riders and local riders would have made it a successful mixed-mode operation. The one year requirement, however, prevented its conversion to a mixed-mode operation. . In October of 2000, several bus route contracts were being rebid. Greyhound submitted a proposal to operate several routes (including Bakersfield-Santa l Barbara) as mixed-mode. Because of the one year requirement this was , impossible for several of the routes being rebid since Greyhound had not been 3 ___m' -- operating service without an Amtrak contract. Ironically, this one year requirement was a provision that Greyhound had insisted on when SB-804 was being debated. Recommendation: In order for the Amtrak Thruway Bus system to work efficiently, provide the appropriate service to passengers and yet not compete unfairly with Intercity Bus Carriers, the following changes to the provisions of Government Code Section 14035.55 are recommended. . Permit passengers to ride the bus for local travel (without a train segment) in the following circumstances: 1. When travel is between stations that are also connected by Amtrak train service (parallel service). 2. When travel is between stations and/or bus stops where there is no other public transportation along substantially the same route. 3. When the bus route connects with another bus route and the combination of the two routes provides service between stations and/or bus stops where there is no other public transportation (i.e. permit Los Angeles to Bakersfield travel when the passenger is connecting to an extended Porterville-Fresno bus at Bakersfield for travel to intermediate stops along that route). 4. When the route is operated by an Intercity Bus Carrier in mixed-mode service (currently permitted). It might also be desirable to add a fifth circumstance: 5. When travel is between stations and/or bus stops where other public transportation exists, but no schedule is offered within a specified time period (perhaps 4 hours) of the Amtrak bus schedule. . Permit Amtrak to enter into contracts for mixed-mode service in the following circumstances: 1. With an existing Intercity Bus Carrier that has been operating substantially the same route prior to the Amtrak contract (now permitted only if the carrier has been operating the route for one year). 2. When there is no existing operator on the route, with an Intercity Bus Carrier that has Public Utilities Authority to operate the route. In both cases, when there is more than one carrier that qualifies, the contract will be awarded by competitive bid in accordance with Amtrak bidding procedures. 4 .- ------_.._~------- - ----- ---- 8.f. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER 2fir SUBJECT: CONSIDERATION OF FUNDING REQUEST FROM DESTINATION IMAGINATION DATE: APRIL 26, 2005 RECOMMENDATION: It is recommended the City Council appropriate $2,000 for a contribution to the Ocean View Elementary and Judkins Middle School Destination Imagination Global Competition teams. FUNDING: The cost impact of the recommendation would be $2,000 from the Fund Balance of the General Fund. If approved, an adjustment will be made in the next quarterly budget report. DISCUSSION: During the past four years, the City Council has received and approved funding requests from the Destination Imagination program for costs associated with teams from Arroyo Grande representing California in the Global Finals competition. Last year, the City Council approved a contribution of $2,000. This year, two teams are competing from the Lucia Mar Unified School District - one from Ocean View Elementary School and one from Judkins Middle School. Both teams have members from Arroyo Grande. The City of Pismo Beach has been requested to donate $4,000 and County Board of Supervisors has been requested to donate $3,000. Both jurisdictions have provided financial support in the past. The Global finals will be held at the University of Tennessee on May 24 - May 29, 2005. Destination Imagination is a world problem solving competition. A copy of their request is attached. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: ~J CITY COUNCIL FUNDING REQUEST FROM DESTINATION IMAGINATION APRIL 26, 2005 PAGE 2 - Appropriate and approve a contribution of $2,000 to Destination Imagination; - Approve a contribution of a different amount; - Do not approve a contribution; - Provide staff direction. Attachment: 1. Funding request from Mike Liebo S:\CITY MANAGER\STEVE\Council Reports\Destmation Imagination Report 2005.doc - --- -- ATTACHMENT 1 April 14,2005 FROM: Mike Liebo, Destination Imagination Coordinator for the Lucia Mar School District TO: Arroyo Grande City Council CONCERNING: Funding for Global Finals On April 9 State Finals in the Destination Imagination competition was held in Clovis, California. Two teams from the Lucia Mar School District will represent California in the largest problem solving competition in the world. Ocean View and Judkins both fielded first place winners. Ocean View's team is comprised offour students and two coaches who live in Arroyo Grande. Ju~ seven student team has rnembers who live both in Arroyo Grande and Pismo Beach. There are also two coaches on the team from Judkins. We are requesting two-thousand dollars (a thousand a team) to help with the expenses of this competition. Global Finals is held in Knoxville, Tennessee and usually costs about ten thousand dollars per team. The competition is May 24-29. The contribution from the Arroyo Grande City Council helps ns obtain the goal of covering the expenses of all team members. Sincerely, - (~~ Michael Liebo 489-1702 (Home) 474-3600 Ex 8356 (Judkins) --" ---- - 8.g. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER ~ SUBJECT: CONSIDERATION OF CROSS BOUNDARY SEWER CONNECTION AND SERVICE AGREEMENT WITH THE CITY OF GROVER BEACH DATE: APRIL 26, 2005 RECOMMENDATION: It is recommended the City Council approve the proposed Cross Boundary Sewer Connection and Service Agreement with the City of Grover Beach to enable sewer service to homes in the Parkview Development on Dixson Street utilizing a connection to a City of Grover Beach sewer collection line. FUNDING: Currently, the City of Arroyo Grande pays the City of Grover Beach $13 per bi-monthly bill for each home for use of the City of Grover Beach sewer system for 30 homes. Under the proposed agreement, the City of Arroyo Grande will now pay 30.17% of the bill to the City of Grover Beach. Since the average bi-monthly bill is estimated to be nearly $27.02, the bi-monthly fee to Grover Beach will be approximately $8.15. However, since sewer fees are based upon water usage, the exact fee is unknown. DISCUSSION: In 1992, Tract 1769 was approved that included 30 residential single-family homes on Dixson Street and Noel Street. The tract was designed in such a manner that connection to and use of the Grover Beach sewer system would be more economical for the project. The laterals on that street are connected to a line in the street maintained by the City of Arroyo Grande, which is transported to the treatment plant through the City of Grover Beach sewer system. The S & S Homes Parkview development will include 13 more homes on Dixson Street. The same sewer issues exist and they have also requested to connect to the City of Grover Beach sewer system for this project. In 1992, an agreement was entered into between the City of Arroyo Grande and City of Grover Beach in order for the homes constructed within the City of Arroyo Grande to utilize sewer service provided by the City of Grover Beach. In return, the City agreed to pay the City of Grover Beach the benefit charges, sewer hookup or connection fee, monthly sewer service facility charges, and to allow the City of Grover Beach to use - CITY COUNCIL CONSIDERATION OF OUT -OF-AREA SERVICE AGREEMENT WITH THE CITY OF GROVER BEACH APRIL 26, 2005 PAGE 2 Don Roberts Field three days a week during the months of July through November. The City of Grover Beach has not utilized Don Roberts Field and staff of both cities have questioned whether ball field usage is appropriate to be linked to a sewer service agreement. As a result, staff has negotiated the attached Agreement to replace the 1992 agreement and to apply to the Parkview development. Tuckfield Associates was hired by the Cities and paid by S & S Homes to analyze the appropriate breakdown of revenue from sewer fees to be distributed to each jurisdiction based upon maintenance costs, administration costs, and billing costs. The breakdown for this project will be 69.83% of the fee to Arroyo Grande and 30.17% to Grover Beach. The Agreement is structured to also apply to other future projects, including one proposed by S & S Homes adjacent to Berry Gardens that would involve units within the City of Grover Beach, but would request connection to the City of Arroyo Grande sewer system. The appropriate cost breakdown would be determined on a case-by-case basis for each project based upon use of sewer lines in each respective jurisdiction consistent with the approved formula. If approved, the Agreement would still require LAFCO approval. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve the proposed Cross Boundary Sewer Connection and Service Agreement with the City of Grover Beach; - Direct staff to renegotiate the terms of the Agreement; - Do not approve the Agreement; - Provide staff direction. Attachment: 1. Proposed Cross Boundary Sewer Connection and Service Agreement with the City of Grover Beach S:\CITY MANAGER\STEVE\Council Reports\Grover Beach Sewer Agreement 4.26.05.doc CROSS BOUNDARY SEWER CONNECTION AND SERVICE AGREEMENT BETWEEN CITY OF GROVER BEACH AND CITY OF ARROYO GRANDE This Cross Boundary Sewer Connection and Service Agreement ("Agreement") is entered into by and between the City of Grover Beach, a municipal corporation ("Grover Beach"), and the City of Arroyo Grande, a municipal corporation ("Arroyo Grande"), collectively or individually, also referred to as "Parties" or "Party". WHEREAS, both Parties operate separate sewer collection systems within their respective City limits. and all sewage generated within those City limits is delivered to a wastewater treatment facility operated by the South San Luis Obispo COjlllty Sanitation District ("District"); and WHEREAS, the Parties may agree to out-of-area service connections to each other's sewer collection system when a development is located and designed in such a manner that connection to and the use of the other Party's sewer collection system would be far more efficient and result in more significant operational savings than the connection to and the use of the Party's own sewer collection system; and WHEREAS, Arroyo Grande has approved a residential development consisting of 13 single-family homes known as Parkview Estates Phase II and developed by S&S Homes ("the Developer"); and WHEREAS, Grover Beach is willing to allow the Development to connect to its sewer collection system and to accept sewage from the Development and has the necessary capacity to do so; and WHEREAS, on February 18, 1992 the Parties entered into a certain other agreement in part pertaining to use of the Grover Beach sewer collection system by Tract 1769 in Arroyo Grande and now wish to replace that agreement in its entirety hereby; and WHEREAS, Parkview Estates Phase II and Tract 1769 shall be collectively referred to herein as the "Development"; and WHEREAS, future developments may occur in either Party's jurisdiction which would be better served as a cross boundary sewer service connection to other Party's system; and WHEREAS, Grover Beach and Arroyo Grande now desire to enter into an agreement which would be mutually beneficial for both cities, and which can be utilized to ensure equitable cost recovery. ----.-- -- NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and for other valuable consideration receipt of which is hereby acknowledged, the Parties agree as follows: 1. Grover Beach will under the terms of this Agreement allow Parkview Estates Phase II to connect to the Grover Beach's sewer system, and will collect and transport sewage from the Development. 2. Arroyo Grande shall pay Grover Beach a service fee which is equivalent to that portion of its Sewer Service Fee that represents the costs of maintaining that portion of Grover Beach's sewer system that serves the Development. The basis for this fee is provided in Exhibit 1. The service fee is due and payable on a bi-monthly basis, and shall be paid regardless of whether the customers have remitted their payments to the City of Arroyo Grande on a timely basis. 3. Arroyo Grande shall collect and remit to the District all wastewater treatment service fees, as well as all sewer connection fees in an amount established by the District. 4. Arroyo Grande shall be responsible for the billing and collection of accounts in the Development and shall be responsible for all administrative, legal or other costs associated with bilJing and collection efforts. 5. Arroyo Grande shall be responsible for any and all costs related to the research, gathering information or other studies designed to determine the service capability of the system and the allocation of costs and revenues between Grover Beach and Arroyo Grande needed for the calculation of the service fee. Arroyo Grande may recover some or all of these costs from the Developer. 6. Arroyo Grande shall ensure that District-mandated wastewater quality standards and criteria are enforced in the Development. 7. Arroyo Grande shall be responsible for the maintenance and upkeep of the sewer lines connecting the development to the Grover Beach sewer system. 8. If sufficient capacity exists, Arroyo Grande may under the terms Sections 9 through 14 of this Agreement allow future out-of-area developments located within the City limits of Grover Beach to connect to Arroyo Grande's sewer system. Arroyo Grande will collect and transport sewage frorn those Future Developments (FD), subject to other necessary governmental approvals. 9. Grover Beach shall pay Arroyo Grande a service fee which is equivalent to that portion of its Sewer Service Fee that represents the costs for maintaining that portion of Arroyo Grande's sewer system that serves the FD. The basis for this fee is provided in Exhibit 2. The service fee is due and payable on a bi-monthly basis, and shall be paid regardless of whether the customers have remitted their payments to the City of Grover Beach on a timely basis. 2 '-- 10. Grover Beach shall collect and remit to the District all wastewater treatment service fees, as well as all sewer connection fees in an amount established by the District. 11. Grover Beach shall be responsible for the billing and collection of accounts in the FD and shall be responsible for all administrative, legal or other costs associated with billing and collection efforts. 12. Grover Beach shall be responsible for any and all costs related to the research, gathering information or other studies designed to determine the service capability of the system and the allocation of costs and revenues between Grover Beach and Arroyo Grande needed for the calculation of the out-of-area service fee. Grover Beach may recover some or all of these costs frorn the FD developer. 13. Grover Beach shall ensure that District-mandated wastewater -quality standards and criteria are enforced in the FD. 14. Grover Beach shall be responsible for the maintenance and upkeep of the sewer lines connecting the FD to the Arroyo Grande sewer system. 15. The term of this Agreement shall be for a period of 50 years and may be renewed for an additional term with the mutual agreement of both Parties. 16. This Agreement shall supersede and replace in its entirety that certain agreement between the parties dated February 18, 1992 entitled "Agreement Between City of Grover Beach and City of Arroyo Grande and Don Roberts Field." 17. MISCELLANEOUS 17.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the Parties hereto with respect to such subject matter. Except as otherwise provided herein, this Agreement may not be modified, amended, altered or rescinded in any manner, except by written instrument signed by both of the Parties. The waiver by either Party of a breach or compliance with any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or compliance. 17.2 Assignment. A Party may not assign this Agreement without the written consent of the other Party. 17.3 Binding Agreement. Subject to the preceding paragraph, this Agreement shall inure to the benefit of and be binding on the Parties and their administrators, legal representatives, successors, and permitted assigns. 3 ------~ 17.4 Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be given in writing and be delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail (postage prepaid with return receipt requested) as follows: To Grover Beach: City Manager City of Grover Beach 154 South Eight Street Grover Beach, CA 93433 To Arroyo Grande: City Manager City of Arroyo Grande P.O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received by sender, if sent by facsimile or (iii) five (5) days after being sent, if sent by first class registered mail, return receipt requested. 17.5 Relationship of the Parties. Nothing in this Agreement, or in the course of dealing between the Parties pursuant to this Agreernent, shall be deemed to create between the Parties (including their respective officers, employees and agents) a partnership, joint venture, association, employment relationship or any other relationship, other than that of independent contractors with respect to each other. Neither Party shall have the authority to commit or legally bind the other Party in any manner whatsoever, including but not limited to, the acceptance or making of any agreement, representation or warranty. 17.6 No Third-Partv Beneficiaries. This Agreement inures to the benefit of the Parties only and no third party shall have any rights hereunder. 17.7 Severability. If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and shall be replaced by a valid and enforceable provision which so far as possible achieves the same objectives as the severed provision was intended to achieve, and the remaining provisions of this Agreeinent shall continue in full force and effect. 17.8 Survival. Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement shall survive any termination or expiration of this Agreernent and continue in full force and effect. 4 ---- 17.9 Regulatorv Action. The Parties agree and acknowledge that VarIOUS governmental agencies are responsible for the regulation and enforcement oflaws pertaining to the Parties performances under this Agreement. The Parties agree that regulators' actions may adversely impact a Party's ability to perform under this Agreement, in which case, the Parties will consider such a happening as a force majeure event. 17.1 0 Headings. The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof. 17.11 Venue: Any dispute under this agreement shall be resolved under the laws of the State of California and venued in San Luis Obispo County. 17.12 Indemnification: Arroyo Grande and Grover Beach agree to indemnifY and hold the other Party harmless frorn all liability for damage to. persons or property arising out of or resulting from the acts or omissions of the indemnifying Party. IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement effective as of the date first written above. City of Arroyo Grande: City of GroverBeach: By: By: Name: Name: Title: Title; 5 Exhibit 1 City of Grover Beach Determination of Percentage of Arroyo Grande Bi-monthly Bill To Be Paid to Grover Beach Line No. Grover Beach Bi-monthly Bill "'y Component 1 Billing $1.68 2 Treatment& Trunk $13.00 3 Collection $18.16 4 Total Bi-Monthly Bill $32.84 Determination of Percentalle of Arroyo Grande's Bill 5 Grover Beach Bi-monthly Collection System Cost $18.16 6 Less Bi-monthly O&M Cost for S&S Home Sewer Main [a] ($10.01 ) 7 Charge for Use of Grover Beach Collection System $8.15 8 Average Arroyo Grande Bi-monthly Bill [b] $27.02 9 Charge for Use as a Percent of Arroyo Grande's Bill 30.17"10 [a] From Table 1. [b] $2.05 per month plus $0.31/Ccf at 32Ccf plus $13.00 for SSLOCSD. Exhibit 2 City of Arroyo Grande Determination of Percentage of Grover Beach Bi-monthly Bill To Be Paid to Arroyo Grande Line No. Arroyo Grande Bi-monthly Bill by Component 1 Billing [a] $0.14 2 Treatment& Trunk $13.00 3 Collection $13.88 4 Total Bi-Monthly Bill $27.02 Determination of Percentage of Grover Beach's Bill 5 Arroyo Grande Bi-monthly Collection System Cost $13.88 6 Less Bi-monthly O&M Cost for S&S Home Sewer Main [b] ($7.92) 7 Charge for Use of Arroyo Grande Collection System $5.96 8 Average Grover Beach Bi-monthly Bill [c] $32.84 9 Charge for Use as a Percent of Grover Beach's Bill 18.15% [a] City allocates $5,000 to billing, per Arroyo Grande Finance Department. There are 5,800 customers billed bi-monthly, or 34,800 bills. [b] From Table 1. [c] Flat charge of $16.42 per month. ---~-_.- I 8.h. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION OF ACCEPTANCE OF EASEMENTS, RIGHTS OF WAYS AND PUBLIC IMPROVEMENTS FOR TRACT 2260 - PHASES I, II AND III - BERRY GARDENS - S&S HOMES DATE: APRIL 26, 2005 RECOMMENDATION: It is recommended the Council: 1. accept the public improvements for Tract 2260; 2. adopt the attached resolution accepting the offers of dedication and rights of ways shown on the final tract map for Phases I, II and III; 3. adopt the attached resolution accepting the offer of dedication for Courtland Street per Parcel Map AG 00-301 ;and 4. accept the 10% warranty security in the amount of $376,045.84. FUNDING: There is no immediate fiscal impact. Maintenance of these facilities will be funded from Public Works maintenance funds in future years. DISCUSSION: On September 8, 1998 the City approved Tract 2260 known as Berry Gardens located south of East Grand Avenue, north of Ash Street, east of Oak Park Boulevard, and west of Spruce Street. The City Council approved the phased final map as outlined below: Phase Date Council Accroved Final Mac Date Final Mac Recorded I October 10,2000 November 3, 2000 II December 11, 2001 December 28, 2001 III June 25, 2002 July 2, 2002 The applicant was conditioned to construct off-site improvements that included the following: . 12" water main from the intersection of East Grand Avenue and Courtland Street, through the site, and extend to the intersection of Ash Street and Courtland Street, . Gravity sanitary sewer main from Lift Station No.2, located at the end of Poplar Street on the poplar Ponding Basin site, to the sanitary sewermains constructed underneath on Strawberry Avenue, -- --~-,---- ,...--- 4/20/2005CITY COUNCIL CONSIDERATION OF ACCEPTANCE OF EASEMENTS, RIGHTS OF WAYS AND PUBLIC IMPROVEMENTS FOR TRACT 2260 - PHASES I, II AND III - BERRY GARDENS - S&S HOMES APRIL 26, 2005 PAGE 2 . Sanitary sewer force main from Lift Station No.7, located at the corner of Boysenberry and Cranberry, and connect to the gravity sanitary sewer main underneath Ash Street at a point approximately 300 feet west of the intersection of Spruce Street and Ash Street, . Courtland Street, from the northern project boundaries to East Grand Avenue, . Courtland Street, from the southern project boundary to Ash Street, . Traffic signal conversion at East Grand Avenue and Courtland Street from three legs to four legs. There were two off-site offers of dedication for Courtland Street south of the project boundary. Document No. 2001100498, recorded on December 26, 2001, created a 5' wide sidewalk easement immediately west of the extension of Courtland Street. Document No. 2001100499, recorded on December 26,2001, created the right of way for Courtland Street. This is currently under construction with Tract 2505, Jasmine Place. Staff recommends that these offers of dedication and the associated improvements be accepted at a future date when the improvements for Tract 2505 are accepted, as construction activities may impact this section of Courtland Street. During the process of obtaining an offer of dedication for the segment of Courtland Street north of the project site, the City began to process CUP 00-019 and TPM 00-007 for Long's Shopping Center. The right of way dedicated for Courtland Street was part of the subject site, and was dedicated on Parcel Map AG 00-301 (see Attachment 2). The City Council approved the final map for Parcel Map AG 00-301 on June 11,2002, and rejected without prejudice as to future acceptance the easements and offers of dedication depicted on the subject map. The City has yet to accept the offers of dedications, easements, and improvements as the developer is still in the process of addressing the remaining items of work. However, staff recommends that the other offers of dedication and easements offered on Parcel Map AG 00-301 continue to be rejected without prejudice as to future acceptance until these punch list items have been completed. A small portion of right of way at the corner of Blackberry and Cranberry and a small portion of Oak Park Boulevard at the northwest corner of the project is within the City of Grover Beach. The applicant made an offer of dedication for the appropriate portions of right of way per Document No. 2000-022749 (see Attachment No.3). In addition, the easterly fifteen (15) feet of the right of way for Oak Park Boulevard is within the City of Arroyo Grande. An informal maintenance agreement has been reached by the cities. The City of Arroyo Grande will maintain the portion of Blackberry and Cranberry within the City of Grover Beach. The City of Grover Beach will maintain the portions of Oak Park Boulevard within the City of Arroyo Grande. S:\PUBLlC WORKS ENGINEERING SHARED ITEMS\Development Projects\Tract Maps\Tract2260 ~ Berry Gardens\Council Accpetance\Staff Report - Tract 2260 ~ Acceptance of Improvements.doc -- 4/20/2005CITY COUNCIL CONSIDERATION OF ACCEPTANCE OF EASEMENTS, RIGHTS OF WAYS AND PUBLIC IMPROVEMENTS FOR TRACT 2260 - PHASES I, II AND III. - BERRY GARDENS - S&S HOMES APRIL 26, 2005 PAGE 3 When this project was in the approval process, there had been discussions to amend the City limit line to follow the right of way lines to avoid the issue of rights of way falling within two jurisdictions, but was not pursued at that time. This issue could be pursued in the future, should the Council so desire. It has been the Council's policy to reject offers of dedication, without prejudice as to future acceptance, until the City accepts the improvements, unless special circumstances arise that require the acceptance of offers of dedication. With this project, the City accepted the offer of dedication for the park site in fee title with the approval of the final map for Phase No.1. This enabled the immediate use of the park by the public. The required improvements have been constructed and staff has inspected the improvements. Staff recommends that the Council accept the following offers of dedication and associated improvements: a. Street Tree Planting and Maintenance Easements, b. Public Water Easements, c. Public Sewer Easements, d. Public Drainage Easements, e. Stormwater Basin Easement, f. Public Utilities Easements or "P.U.E.", g. Sidewalk Easements, h. Blackberry Avenue, i. Boysenberry Street, j. Blueberry Avenue, k. Cedar Street, I. Courtland Street, m. Cranberry Street, n. Huckleberry Avenue, o. Loganberry Avenue, p. Oak Park Boulevard, q. Raspberry Avenue, r. Seabright Avenue, s. Strawberry Avenue, t. Offer of dedication for Courtland Street per Parcel Map AG 00-301, The developer is required to warranty the improvements for a period of one year following acceptance. The required 10% warranty securities has been submitted to the City as outlined below: S:\PUBUC WORKS ENGINEERING SHARED ITEMS\Development Projects\Tract Maps\Tract 2260 - BenyGardens\Council AccpetancelSlaff Report - Tract < 2260 - Acceptance of Improvements.doc ------ - -- 4/20/2005CITY COUNCIL CONSIDERATION OF ACCEPTANCE OF EASEMENTS, RIGHTS OF WAYS AND PUBLIC IMPROVEMENTS FOR TRACT 2260 - PHASES I, " AND III - BERRY GARDENS - S&S HOMES APRIL 26, 2005 PAGE 4 Phase Company Amount I American Motorists Insurance Company $313,872.94 II Mid-State Bank and Trust $32,545.38 III Mid-State Bank and Trust $29,275.16 Staff recommends acceptance of these securities. These securities will be released at the conclusion of the warranty period, provided the improvements are still in satisfactory condition, and the appropriate offer of dedication for a public sewer easement for the sanitary sewer lift station is obtained. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Adopt the attached resolutions accepting the offers of dedications, easements, rights of way and improvements as constructed for Tract 2260; . Do not adopt the attached resolutions accepting the offers of dedications, easements, rights of way and improvements as constructed for Tract 2260; . Modify staff's recommendation as appropriate and approve; . Provide direction to staff. Attachments: 1. Location Map - Tract 2260 2. Parcel Map AG 00-301 3. Irrevocable and Perpetual Offer to Dedicate - Document No. 2000-022749 $:\PUBUC WORKS ENGINEERING SHARED ITEMS\Development Projects\Tract Maps\Tract 2260 - BerryGardens\Council Accpetance\Staff Report _ Tract 2260 - Acceptance of Improvements.doc ---- --~--.._..- - RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING CERTAIN EASEMENTS, RIGHTS OF WAY AND RELATED IMPROVEMENTS WITHIN TRACT 2260 WHEREAS, the City Council approved Final Tract Map 2260 as follows: Phase Date Council ADD roved Final MaD I October 10, 2000 II December 11, 2001 III June 25, 2002 WHEREAS, the developer has constructed the improvements required by the Tract 2260 conditions of approval; and, WHEREAS, the developer has provided the 10% warranty security as required by the Tract 2260 conditions of approval, to be released at the conclusion of the warranty period, provided the improvements are still in satisfactory condition. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby accept the public improvements constructed for Tract 2260, and accepts the following offers of dedications and public easements as shown on the final map for Tract 2260 recorded as follows: Phase Date Final MaD Recorded MaD Book No. MaD Paae No. I November 3, 2000 19 43 II December 28, 2001 19 87 III July 2, 2002 20 21 and authorize the Mayor to execute a certificate of acceptance: 1. Street Tree Planting and Maintenance Easements, 2. Public Water Easements, 3. Public Sewer Easements, 4. Public Drainage Easements, 5. Stormwater Basin Easement, 6. Public Utilities Easements or "P.U.E.", 7. Sidewalk Easements, 8. Blackberry Avenue, 9. Boysenberry Street, 10. Blueberry Avenue, 11. Cedar Street, 12. Courtland Street, 13. Cranberry Street, 14. Huckleberry Avenue, 15. Loganberry Avenue, 16. Oak Park Boulevard, -.- - RESOLUTION NO. PAGE 2 17. Raspberry Avenue, 18. Seabright Avenue, 19. Strawberry Avenue, On motion of Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day'of 2005. RESOLUTION NO. PAGE 3 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING CERTAIN EASEMENTS, RIGHTS OF WAY AND RELATED IMPROVEMENTS OFF-SITE OF TRACT 2260 WHEREAS, the City Council approved Final Tract Map 2260 as follows: Phase Date Council Approved Final Map I October 10, 2000 II December 11, 2001 III June 25, 2002 WHEREAS, an offer of dedication for Courtland Street was made on Parcel Map AG 00-301; and, WHEREAS, Parcel Map AG 00-301 recorded June 25, 2002, at Page 54 of Book 56 of Parcel Maps; and, WHEREAS, the developer has constructed the improvements required by the Tract 2260 conditions of approval; and, , I WHEREAS, the developer has provided the 10% warranty security as required by the Tract 2260 conditions of approval, to be released at the conclusion of the warranty period, provided the improvements are still in satisfactory condition. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo r , Grande does hereby accept the following offers of dedications and public easements and associated public improvements constructed off-site for Tract 2260, and authorize the Mayor to execute a certificate of acceptance: Offer of Dedication for Courtland Street per Parcel Map AG 00-301, recorded June 25, 2002, at Page 54 of Book 56 of Parcel Maps. On motion of Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 2005. RESOLUTION NO. PAGE 2 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY - " t~"". -'~,....... .~ -7 't' ,:""''''~! 'j " II;!"".:''''' -. '0\' ^.,~,.. .....' L ." '-._",' Ii." ~""'J"- ". 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",;; 0. , .. \ ' ~I.t; , " ! ~~.. , ~~k~ \ l--- W~! \ . i I --- , ,..... --- .\ : ~ll:; -------- , ' ~ --- I ~l; -------. ~~ .- .. ~t '" -.-- -- .... 'ct' " ' . . ~. ,t i. . "," \ ~ " ,a, b " \ ~I . ~ ~ it lit . " !ii':;:~ ________________ __________:61-- <\; "I ~'" , _________ _ __ ___ __ _ ___ I , ..ne.\.~ ...",- \ , .,,~r-= I I I -,- I I , , I I - I I \ -, - , I , h~ -, , ~..~ I ~ I - , \ \ 6:::~" , : 1\ '< , Ii!; - jU~~ - - I ~ ' - \ " I ill ~ <\;iII;~ i ~ \ ~ " \ If \ I \ '" I \ \ . \ -- ----- .' '. - - r, . !' - ATTACHMENT 3 I RECORDING REQLJESTED BY: Doc No: 2000-022749 Rpt No: 00030473 Official Records :NF -1 0.00 V.rHEN RECORDED RETI)R.~ TO: San Luis Obispo Co. I I Julie L. Rodewald I I ViESTLAND ENGINEERING Recorder I I Apr 27, 2000 I 75 ZACALANE, SUTIE 100 I Time: 10:49 I SAN LUIS OBISPO, CA. 93401 I [ I 11] I : TOTAL 0.00 IRREVOCABLE & PERPETUAL - OFFER TO DEDICATE TIllS OFFER TO DEDICATE, made the Zi day of .-'tf>~t L.. 2.000 bv , . . ~HE NAMES LI$T6'r) ON PAG~ "Z I Whereas, said Offeror desires to make an offer to dedicate, irrevocably, to the public, an easement, for Public Road and Public Utility purposes, which offer may be accepted at any rime by any governmental entity which has the power to establish. construct and maintain Roads and Public Utilities. NOW, THEREFORE, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the following interest descn"bed below. See ExIu"bit "A" 2. That said Offeror does hereby irrevocably and in perpetuity offer to such governmental entity a dedication of a public right-of-way for Road and Public Utility purposes and incidental uses upon the following described property: See Exhibit "B" 3. That until such time as the above offer of dedication is accepted by such a govemme:ltal entity, all owners of property contiguous to the above described Road and Public Utiiity easement parcel shall have the right to the use of said Road and Public Utility easement parcel as a private Road and Public Utility easemem. --" "~'-~"-'-'._-'--'~ ~'.'.'"'_C _J .' 4. That said Offeror agrees that said offer of dedication shall be irrevocable and that such a government entity may, at any time in the future, accept said offer of dedication of the public right-of-way. 5. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on his heirs, legatees and assignees. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day and year first above written. CHARLES M. BAKER AND KATHLEEN M. BAKER, TRUSTEES OF THE BAKER LIVING TRUST DATED SEPTEMBER 24, 1993. ~~~~~ 4~ '2--6- ~tOo CHARLES M. B TRUSTEE DATE ~~ 7f-~-&J DATE ,...,.... TATSUMI KAWAOKA, MASAKATSU KAWAOKA, MIYOKO YASUKOCHI AND CRAIG KA W AOKA, CO-TRUSTEE OF THE EXEMPTION TRUST CREATED UNDER THE KINGO KA W AOKA FAMILY REVOCABLE TRUST DATED APRIL 5, 1990. TATSUMI KAWAOKA, MASAKATSU KAWAOKA, MIYOKO YASUKOCHI AND CRAIG KAWAOKA, CO-TRUSTEES OF THE SURVIVOR'S TRUST CREATED UNDER THE KlNGO KA WAOKA FAMILY REVOCABLE TRUST DATED APRIL 5,1990. MASAKATSU K..-'\WAOKA, AS TRUSTEE OF THE KAWAOKA CInLDREN'S TRUST DATED DECEMBER 24, 1997. ---"-.~- - ---------- __.~_.~~____ ._,.c...,~~=~~'.__ DATE: SIGNATURE: ;.f J :7-1-- jc<<? ~~~~-) TATS KA AOKA "TRuSi"IU' ft.if/OV r7?~ r;;,//~ - MASAKATSU KAWAOKA 'T1","$1"itE' t./-~....o ~ . '1~ 21- tX> ~~ C - G KAWAOKA ~"'Si""tr," - - ---- ---- - ----. '. .~'. ,.-... ..:." . ", " , EXHIBIT "A" T11at portion of Block 115 and Manhattan A venue as shov<"D. on the Map of the Town of Grover in the City of Grover Beach, County of San Luis Obispo, State of California according Book "A", Page 6 of Maps, in the office of the County Recorder of said County, descnoed as follows: Beginning at a point on the Easterly line of 18th Street which bears Southerly 8.69 feet from the Southwest comer of Said Block 115, said point of beginning being an angle in the City Limit Line described in the Annexation to the City of AIroyo Grande entitled "Fm Oaks No.7"; thence along said City Limit Line and parallel to the Southerly line of said Block 115, South 860 45' 00" East, 259.00 feet; thence along a line parallel with and distant 259.00 feet D:om the Easterly line of 18th Street, North 30 14' 46" East, 53.49 feet to the Southeast comer of that property described in Book 160, Pa2e 297 of Deeds filed in the Office of the Recorder of said County; thence along said South line, North 860 45" 00" West. 259.00 feet to the Easterly line of ISm Street; thence along said Easterly line, South 30 14' 46" West, 53.49 feet to the point of beg;nning and cont~ining 13,853 square feet, more or less. ---_...~.- ~-~._- --..~--_.- -. I '.. , r r EXHIBIT ''B'' That portion of Block 115 and Manhattan A venue as shown on the Map of the T 0'W11 of Grover in the City of Grover Beach, County of San Luis Obispo, State of California according Book "A", Page 6 of Ivfaps,in the office of the County Recorder of said County, descn'bed as follows: Beginning at a point on the Easterly line of 18th Street which bears Southerly 8.69 feet from the Southwest corner of Said Block 115, said point of beginning being an angle in the City Limit Line described in the Annexation to the City of Arroyo Grande entitled ''Fair Oaks No. T'; thence along said Ci!y Limit Line and parallel with the Southerly line of said Block 115, South 860 45' 00" East, 15.00 feet; thence along a line parallel to and distant 15.00 feet from the Easterly line of 18th Street, North 30 14' 46" East, 53.49 feet to the South line of that property described in Book 160, Page 297 of Deeds filed in the Office of the Recorder of said County; thence along said South line, North 8g~ 45' 00" West, 15.00 feet to the Easterly line of 18ch Street; . . thence along said Easterly line, South 30 14'.46" West, 53.49 feet to the point of beginning and containing 802 square feet, more or less. TOGETHER WITH: That portion of Block 115 and Manhattan A venue as shown on the Map of the Town of Grover in the City of Grover Beach, COWltyof San Luis Obispo, State of California according Book "A", Page 6 of Maps, in the office of the COWlty Recorder of said County, descn'bed as follows: Commencing at a point on the Easterly line of 18ch Street which bears Southerly 8.69 feet from the Southwest comer of Said Block 115, said point of beginning being an angle in the City Limit L.ine described in the Annexation to the City of AIroyo Grande entitled "Fair Oaks No. 7"; thence along said City Limit Line and parallel. with the Southerly line of said Block 115, South 860 45' 00" East, 221.06 feet to the True Point of Beginning and the beginning of a c~/e (concave Southeaste:-ly) with a radius of 85.00 fee~ --------- ----- ---- ._-~-- I ..~ ., - . .. . f ,/""":'\ , , , thence along said curve Northeasterly and to the right from a tangent bearing of North 250 00' 30" East through a central angle of 390 23' 56" for an arc le:lgth of 58.45 feet to the City Limit Lme as descnoed in said Annexation to the City of Arroyo Grande; thence along said City Limit Line, South 30 14' 46" West, 42.95 feet; thence along said City Limit Line, North 860 45' 00" West, 37.94 feet to the True Point ofBe~nn;ng and containing 1,006 square feet, more or less. No Jrlll\j - 1.:,; " - ~ ,...1;.) Prepared: February 17, 1999 At San Luis Obispo, CalifOmia ------ ---..-. -- - --- '.. J. 1 . '''''CJ I ,"""'. r- , ". I . '>1 I I .~ : I OJ i :r:,w , 1 U a ~ I ! 160-0EE05-297 <( f z 0:::/ 1 W/<( <{ I OJ 0::: Q.. i I PROPOSED OFFER OF DEDICATION I' C) '-" / JJ PER 51-LS-53 0::: ~ 1 wlo <{ , >/ O I I ::: >- 1 ~ 010 I ! ~ er:: I er:: I 01er:: 35' /15' i PROPOSED 1<( Ii OFFER OF DEDICA -nON N03., 4' 46"E f - : 53,49'(1.4) " W :',,':) BOUNDARY TRACT 2260 "\ I : ~S' ~:\Wi .w.......- S&;'45'OO"E 259.00'(M) _ I ''V:.:::--'' ',,'';., co . PROPOSe.D ~. . "<t"C) '15.1 ~~ 0 . ;';;'<1: :::::.'::'::! ~~ NOT A PART FFER OF DEDICATION ,<'t.....f.,., ol"")......'."<t" TRACT 2260 R-85 00 ""-.l.\J:. -;z.~.:::::::)"'''''';. - : , _n/',\'::'::':.::':.':~~ ....ti:j ......,......1 0,,,, D=39 23 50 ,...............:. . -"". iJ'. ...... I Z~J /. '. '. . 1:'11'" . ~ ..............., CITY UlllTS ( L-"8 A5 /..:..:.:....:... ":. ...... ~'. ""If . ~----,-__ M TYP) -...".'? "::.:.::.:.::.:.::.:.::....:....... \..I'" ~ - I ----__ (r..'.........:....,.:...:...:.., 7:"~ f! S86"45'OO"E 259:OiY(Mf---------...;>+~.~4~:~ (' \" I 1 ss.,...... I., 35' 115' i ,SsJ01.... i" 1 fi' ". , : ! 279-0R-428 '10;4~"" I !( PROPOSED OFFER OF DEDICATION : , -1J TRACT 2260 1 , 1 , r . I I I I : I .: ~ 1 ' , ' . 1 I : lmch- 40 tt. 1 : , : - PROPOSED OFFER OF DEDICATION FO R P1JBLIC STREETS 8E!NG A fO"'...RllCN OF elOCl< 115 OF iHE iOWN OF' GROVE-" PE:< A MAPS 15 IN rrlE CWtm' OF SAN LUIS OelSF'O, Si'AiE: OF' CAI..!F'CRNIA. =R='= ARE!) 3v. I. WESTUJ./"D ENGINl!:ERnm COMP A.J.\j""[ , 75 ZACA UNE, SUIiE: 100 I SAN LUIS OBISPO, CA 930401 . (B05) 541-2.394 ; JANUARY 1999 JOB NO. 97.008 _______.----"-"-.~.;d;."::..~.,..".~; , - .' . ' . - .. . STATE OF C,l1 ~ .,g rvz-..' COul'iTY OF l..A ,-- ~ooo On this .Q.fS/ day of -4f"" 'L ,19-9~before me,E L r Ii/'t:p ~ ;e.tl11.:.'" Notary Public, persoIi.a1ly appeared: (' i.A('/;, f:( AwA ~ /<'A . perMn"ny rnm:vn tn me -OR-~ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that, he/sl;lEl>JreY executed the same in hiSl~/thoit authorized capacity(ies), and that by hiSlhotfthe(r signature(s) on the instrument the person( s) or entity upon behalf of which the person( s) acted, executed the instrument. Wimess my hand and-Official seal ----~ 161- ~~,~ ! .. i ~==: 1 -- - - ~~~~~~ i STATE OF CO{;"N!Y OF On this - day of .1998 before me, Notary Public, personally appeared: personally known to me -OR-_ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscn"bed to the within instrument and acknowledged to me that, he/she/they executed the same in hiSlheritheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s) or entity upon behalf of which the person( s) acted, executed the instrument. Wimess my hand and official seal ,'';;._--, -..-.- --,----- ------- J , . ~ ... CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT :<:- ~~~~..' ~~~~~. E<':~- ":"'~~~~~~~~ 1"<':~~ "~~ ~~~.., .~1':<":~~ ::Y.- ~ t, ~ ; ~ State of California } ~ ~ ~. S5, b: ,., County of J<) r. ;-'" .~ Qhl -<I JE:LO ~ ~ ~ ~ ~ ~ ~;R.~ ~ "i On Q.aJt. ;1..4, .J..1JOO, before me, ! t-~ 1'., J 1r-rI, ~ i o.tl J Nam. and Tille ofOlricw ie.g.. oJan.Cce, NoIalyPuD"C") ~ ~ personally appea~ed ~~~~ t ~ <l~,.~~~yg ~~~ kLo ~ ~ ~ Taz:,.a.u./)"1..(... /fo ~~~to me ~ ~,' ~.proved to me on the basis of satisfactory ~ ~ eVIdence ~ ~ to be the person(s) whose name(s) )(are ~ subscribed to the within instrument and acknowledged to me that~ey executed the same in 1:K7bICJtheir authorized, capacity(ies), and that by ~their signature(s) on the instrument the person(s). or ~~ BOBBIE L. COLESON ~ the entity upon behalf of which the person(s) -. Camm, # 1203963 !II acted, executed the instrument. UJ. NOTARY PUBLIC. CALIFORNIA _ :'I . San Lui. O~i.p, C,unry .. WITNESS my hand and officiai seal. @ My Com.. E."".. Dec. 6. 2002 I, ~e I 6 ; ., ~. (' u a .J tJ7L.) PIece Notary Seal ~ SignatI,n of Notwy PublIc ~ OPTIONAL ~ Though the information balOW, is not required by law. It may prove valuable to parsons relying on tha documant ~ ... . end could prevant fraudulant remova/and reattachment of this form to another documant. ~ Description of Attached Document Title or Type of Document: "-1;: ~, ~1 ~..\ p LJt r., .J.1I t1' n-t / · ~ .-c .c..I- _P t. Document Date: () C) .It.. :z...1./ . 3...1J 0 0 ' Number of Pages: , I '. ., Signer(s) Other Than Named Above: ~ Capacity(ies) Claimed by Signer ~ i Signer's Name: RlOI, !1il:W f'RINf I, " - ) d' 'd I I.A- !l"'!'< . W n IVI ua Top of tI'Iumo nete . ~ C Corporate Officer - Title(s): ' ~ C Partner - = Limited = Generai ' ~, C Attorney in Fact ~ ~ C Trustee I ~ ,q = Guardian or Conservator I ~, ~ - I ~ ;>; :... Other. i ~ c; , ~~ g ! ~ g Signer 15 Representing: 'g * ~ )"""-", .-,..., ".,;;<.,....;;-:~ ~.. -"...~ .,,, ~. .._...... ~. ~._.~~.L..._'.L'...'..._....'..".... ~..,A,_.... .--L.....:.:..;.._.~...._ ...~. ~",.,...,.,..J. ..._.. r". -",-"-~-"""""",,,-,,,,,,,-,,,,,,,,,,,,__,,,,,,,,,,,,,,,_ -..._"C'"'..,...,........."'"""".........':"f"..... ""^'_,_ _...,..... -..-...--.-.t"........,,....._~ ': 1997 NatIOnal NOla!"'1 AssoClabon . 3150 De SOlO AliI.. ?Q. Sox ~4ij,. Chatswol'1n. ':A :11:;''11-2402 0::>1'01:. No. 5907 Reoroer: =.au 7011-'::r&I..aC0-876-Q827 , , , CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT r^~A'!!C.l!<"~&~~~....~^~....'!!<'..(!!<'~~...~-C<".l-!<'~....~.f!C~.F.<'"^"!<'~.F.<'.l!<'~~~~~~~...N"~...~~.<'!:C~~...~...~~..",\..........'IIi.~ , X , . ~ State of California }ss. ( i ~ ~ County of .J rr n 'I... t I; /) ob..t /I .n " 8 '"' , , > " ........ ,~ ~ Q On n t"> >t. ;:; 2. .;LOOQ before me, ~ ~ . <2...& V ocl.tnL) ~ ~ " ~ ~ . Catll J Name and Tlb. of Officer (I.g., "Jane Doe. Notary Flutllic') ~ R personally appeared ~I~"'J rt). 6.0 ~ ~ ~ Nlmt(sj cI Signer(sJ ~ ~ >.s::personally known to me ~ g :; proved to me on the basis of satisfactory g g evidence ~ ._..~ g to be the person~ whose name~ i~ g '.0" subscribed to the within instrument and ,~ acknowiedged to me that he&l(/t1Mirr executed ~ @ the same In hlsllW/tbeir authorized g capacityQK}, and that by hls/bla:1t~ g J ~ ""IE L. COLESON ~ signature}l:1 on the instrument the person~ or ~ the entity upon behalf of which the person~ -. ; '. Camm.' 1203963 acted, executed the instrument. UJ ~...' NOT AftY PUBLIC. CALIFORNIA ~ ~ . San Lui. Obi,p. C.unry .. WITNESS my hand and official seal. ~ Mv Comm. Ex.;". Dec. 6, 2002 jj ~~ I, ~. ('AJ D j K"7LJ ~ Place NoIary See! Above $igl'1ltUnofNotaryPublk: ~ OPTIONAL ~ Though the information below is not required by law. n may prove valuable to persons relying on the document end could prevent fraudulent removal and reattachment of this fonn to another document. Description of Attached Document Title or Type of Document: I\~ ~t: ~ ~ ~:-: 1!~ ~ ' I f1 ~ Document Date: Q ,., Jc... j J_ 2 n n () ~ ~, Numbe~ ot:F..ages: II ~ ,,'.,. I ~ .~. ~ Signer(s) Other Than Named Above: _ ~ Capacity(ies} Claimed by Signer g Signer's Name: i C Individual 'lbo 01 "'"'"" .... -i C Corporate Officer -TItle(s): . ~ Partner - C Limited C General ~ C Attorney in Fact ~ CJ Trustee ! 0 Go"'." ~ '"".~.c I g :J Other: I ' . , I ' . ~ SR' I , .,-- ' ' igner Is epresentlng: I. g g .~ ~ : ?;....~;,V..,A.;v...,:"'v.",...--'-'-r'.:'_."-:. -.,...)..,:,,:~-....,..y,..... ..../......,,:.._...."'.............r ,,"......,....... .,;.;,..........._:')-:::::~.-... ;,..;...............''''"'"'',,,..'''''-:.,.--i'',,-.../ ,'-"".......~;;,.~.'."._..,.".;<,y...;"...../.;,._'."..~~-=-:......,.;.,-..:,,;' '''''' . ;: ~9;7 NatIOnal Nolary ~oallon . 3350 21. Sot",;....... .~.Q. 30~ 24~, . ,=;'\&t3wortn.:':' ;~3;,j.2~2 ~~C. :>40. iif!':), Rei;rcer: :aU 70U.;:ru ,~OG..Q76..sa27 ,~.", - ----~.--_._- --- -------- - , - , , CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT Y'.....~8~..lN'~-."l':<"^~.....-x:-~....-x-~.l!:<'.....~^~H'8~Z!:<'~~..."'::C'.l':<"./!:("....~,~~~^"I!C..~,(!C.:!!:('~~~^~...:~..t'....~....~...~....;y....~"'..."N-~~""'~'Y. r. oX :0,.' ',: , : State of Califomia } _ . ss ~ ;: County of ..J-" l"\.. ;11.. j 1 ,'...., 0 bL J f' /"\ ' , ~ ~ ~ .,,, ~. ~ f > ~ On D ~. c2l.. , "'-'-I 0 0. before me. -' ') . f>.-.l 0 .J /'r7'LJ ;i (; lOaf.'" Ntmeand11U,ofOfftcer(..g., "Jane Ooe,Nawry Pualic"J ::': Q ~ '17? &&...~- "' ~ personally appeared 1 , , f'l. . <VQ~ ~ Q NarneIIJofSignen(8) ~ ~ -" ~ :: personally known to me R ~ "g proved to me on the basis of satisfactory g g evidence ~ g ,~ g Ie be the personM whose name~ is!:iM' ~ ~ subscribed to the within instrument and ~ R acknowtedged to me that ~she~xecuted ~ R the same in. ~/herlt~ authorized ~ ~ capacity(~, and that by OiC'her/t~ Ii 9 signature~on the instrument the person~, or ~ ~ the entity upon behalf of which the person~ ~ ~ acted. executed the instrument. ~ i<; WITNESS my hand and officiaLseal. I>( fi . . B ~ ~ ~ Jt.JA)~. ~~. ..LlriV ~ :g , Place Notary Seal Above ,- SlQnawre ,NoIIIry Public ~ 8 _ ~ ~ -- OPTIONAL ~ ~ Though the informalion b.low 1$ not roquirocJ by I.w, il m.y pro"" valuable to per:lon$ relying on tho cJocum.nl ~ Ii ancJ coulcJ prevent fraudul.nl removal ancJ reattachm.nt of this (ann 10 another cJocum.nt. ~ ~ Description of Attached Document ~ ~ liUeOrTypeOfDocumentr 1>-~ :J-~d-~~ !::rI, tu 4 J_ ~ ~ Document Date: a..~. ~ ~ (\O~ .. .NumberOtpages:.IO./I- ."......... g . ~ Signer(s) Other Than Named Above: ~ Capacity(ies) Claimed by Signer .g.; Si9n.er's... Name.: .... 'RII H 'H ',1BPR!NT ..L~ ~ C Individual " Too 0" """",," R_ g :: Corporate Officer - litle(s): Ii :: partner - "tUmited'jGeneral d. ~ = Attomeyin'Facf"'-,' "~-";"~,~".-,_,,, ",..... .'- 11 C Trustee ~ ~ :: Guardian or Conservator Is ~. -Oth, ;S "S - er. , li ~g." i ~ . . !. ,....,\."..... I ~ .Q Signer Is Representing: ,~ Q ~ A X ~ ~ .;"'-- ....:.9_.~,~_......,;'.."'_......,.;,...-....~_.,._....-,rif....-:.,-.;...~..._'-'..:., _';~-~'_'~_ :;--................"........,....;;.,...;,.'_~.......,...;.._---..........j...'_...'~....,...,.;.....~~~-"""'.~....,,-..r"'....,..:.,,;,..;,.,:.;,;.,._.,.-..,:.;.~.;.;...-" ;... :. ~S9; ~Uonai NOtary As$CClaucn . 9350 O. SOlo ",vI.. ):10. 3o~ 2404' Ch."....ortn..:A. 3\31~24C; ?roc:. No. ~9G?' Reorcer: ~ TOJI-;:ree ~..aC~76-0a2i END OF DOCUMENT "--,'_.- --~--- ---- "-'".- -'- B.I. MEMORANDUM TO: CITY COUNCIL FROM: DANIEL C. HERNANDEZ, DIRECTOR OF PARKS, RECREATION AND fJ~ FACILITIES SUBJECT: CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL REGARDING MAINTENANCE OF TREES PLANTED BY THE CITY ON PRIVATE PROPERTY DATE: APRIL 26, 2005 RECOMMENDATION: The Parks and Recreation Commission recommends that the City Council adopt the attached resolution regarding maintenance of trees planted by the City on private property. FUNDING: There will be no cost impact to the General Fund. There will be a savings in staff time, materials and equipment used on maintenance currently performed on these trees. DISCUSSION: In the. past, many of the older residential areas in the City were provided trees at no cost to private property owners. Over the years, the City has assumed responsibility for the care and maintenance of some of these trees. The Parks and Recreation Commission approved the recommendation to adopt the resolution at its April 13, 2005, meeting. In some of these neighborhoods, only a few of the trees on private property are City owned. No official inventory currently exists to identify these trees. Identification of some of these trees is due to staff recollection. There are approximately 380 trees that will be affected by this resolution. The Parks Division is currently working with the Public Works Department to inventory all City trees on the GIS system to better monitor maintenance and location of all City trees. In addition, no agreements were ever established with property owners either enabling or obligating the City to perform this maintenance. Over the past five years, the City has added over 500 City trees to its inventory, with over 200 of these at Rancho Grande Park alone. In addition, the East Grand Avenue street enhancements have also added landscape responsibilities to the Parks Division. In researching tree maintenance issues with surrounding communities, it was discovered that only Arroyo Grande and Santa Maria maintain any trees on private property. It should be noted that property owners in multi-family or commercially zoned ----,-------,- CITY COUNCIL RESOLUTION REGARDING MAINTENANCE OF TREES PLANTED BY THE CITY ON PRIVATE PROPERTY APRIL 26, 2005 PAGE 2 areas are required to comply with regulations related to replacement and removal consistent with the City Tree Ordinance. Trees located in areas zoned Single Family are not regulated, with the exception of Landmark trees. This is consistent with current policy regarding trees on private property in Single Family zoned areas. The proposed resolution will allow staff to focus resources on community trees in public areas and medians. In addition to the cost implications of maintaining these trees on private property and the problems created by the lack of appropriate records, staff is primarily concerned with potential liability issues created by City maintenance of private property. This resolution will apply to all trees outside City right of ways and easements. ALTERNATIVES: The following alternatives are provided for the City Council's consideration: Approve staffs recommendation; Modify staffs recommendation; Do not approve staffs recommendation; Provide direction to staff. S:\Staff Reports\ccTreeOwnership4.26.council.rev.doc ----_.---- ---"- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CEASING CITY MAINTENANCE OF TREES PLANTED BY THE CITY ON PRIVATE PROPERTY WHEREAS, in years past the City of Arroyo Grande provided trees that were planted on private property by the City; and WHEREAS, no official record exists that identifies which trees the City may have planted on private property; and WHEREAS, the City has maintained some of the trees planted by the City on private property; and WHEREAS, the City Council deems it to be in the best interest of the City to relinquish any interest in and cease maintaining any and all trees planted by the City on private property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby relinquishes any and all interest in, and will henceforth cease maintaining any and all trees planted on private property by the City. This Resolution shall take effect immediately upon passage. On motion by Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted on this day of ,2005. -.-- RESOLUTION NO. PAGE 2 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY -. -----.._-- _J 8.J. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER~ SUBJECT: CONSIDERATION OF WORK FORCE HOUSING PROGRAM PROPOSED BY S & S HOMES FOR VESTING TENTATIVE TRACT MAP 02-002 DATE: APRIL 26, 2005 RECOMMENDATION: It is recommended the City Council approve the work force housing program proposed by S & S Homes for Vesting Tentative Tract Map 02-002 - Parkside Village. FUNDING: There is no financial impact to the City from this action. DISCUSSION: In 2003, the City Council approved a Planned Development Amendment including thirteen single-family and sixty multi-family units proposed by S & S Homes on vacant property on FaITolI Avenue. Sixteen of the units are required to be restricted to affordable income. Condition #17 included the following provision: Prior to recording the final map and to the extent allowed by law, the applicant shall prepare a workforce housing program for residents of and workers within the City of Arroyo Grande, subject to review and approval by the City Council, which shall establish a priority system to enable targeted work force groups (i.e. public safety City employees, health care employees, teachers, etc.) with qualifying incomes the opportunity to purchase units within the subdivision. In order to comply with this condition, S & S Homes has submitted the following workforce housing program. It provides an initial period in which affordable units would be offered only to targeted workforce categories based upon a priority list. The program would target first-time homebuyers employed in public safety, medical, education or City government services, as well as local residents or those locating to the community to work in these professions. -..--- --~_..- j I ! CITY COUNCIL CONSIDERATION OF WORK FORCE HOUSING PROGRAM PROPOSED BY S & S HOMES FOR VESTING TENTATIVE TRACT MAP 02-002 APRIL 26, 2005 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve the work force housing program proposed by S & S Homes for Vesting Tentative Tract Map 02-002 - Parkside Village; - Request the applicant to make modifications to the workforce housing program and approve; - Do not approve the workforce housing program; - Provide staff direction. Attachments: 1. Work force housing program proposed by S & S Homes for Vesting Tentative Tract Map 02-002 - Parkside Village. S:\CITY MANAGER\STEVE\Council Reports\S & S Workforce Housing Program 4.16.05.doc Affordable Housing Preference Program City of Arroyo Grande, San Luis Obispo County Project: Parkside Village, Phase 2 Tract 2310 Applicant: Parkside Village LLC, Owner/Developer and S & S Homes of the Central Coast, Inc., Builder Location: Arroyo Grande, California Total Units: 52 Moderate-income Units: 16 City of Arroyo Grande; Resolution Number 3726; Condition of Approval Number 17 "Prior to Recording the final map and to the extent allowed by law, the applicant shall prepare a work force housing Program for residents of and workers within the City of Arroyo Grande, subject to review and approval by the City Council, which shall establish a priority system to enable targeted work force groups (i.e. public safety City Employees, healthcare employees, teachers, etc.) with qualifying incomes the opportunity to purchase units within the subdivision." Condition of Approval Number 19 "The applicant shall allocate 25% of the project, or sixteen (16) units, to moderate-income households through a thirty (30) year deed restriction, or other enforceable and recorded restriction. Said document (s) shall be subject to the review and approval of the City Attorney." Program Prepared by Pamela Denney ofS & S Homes of the Central Coast, Inc. - P ARKS IDE VILLAGE AFFORDABLE HOUSING PREFERENCE PROGRAM For the City of Arroyo Grande Parlcside Village Affordable Housing Preference Program 2 1. Need. The economic expansion of the Central Coast has obscured certain trends and statistics that point to an increased need for affordable housing. Families who pay more than a certain percent of their income for housing are considered cost burdened and may have difficulty affording necessities. Families earning minimum to moderate wages cannot afford the local fair- market housing prices. The lack of affordable housing is a significant hardship for low to moderate-income households preventing them from meeting their other basic needs, such as nutrition and healthcare, or saving for their future and that of their families. 2. Response. The expansion of the supply of affordable housing for moderate- income families is at the very core of the City's condition of approval for the Project. The City and the Applicant are partners in this Program to address the shortage of safe and decent affordable housing. This Program establishes guidelines for the marketing and sale of the affordable homes constructed by applicant to targeted eligible purchasers. The Program is designed to assist individuals and families of moderate-income levels and who serve our community. 3. Goals. The Program has two primary goals: To promote ownership among families of moderate income who service our community and for whom there are few affordable home ownership alternatives in the private market; AND To stimulate the development, stabilization and preservation of the Arroyo Grande community. Parkside Village Affordable Housing Preference Program 3 ---- -..- i 4. Eligible Housing. Under the Program Applicant will construct and provide 16 homes in it's Project that are available for purchase by moderate-income individuals and families meeting the criteria set forth in the Program. 5. Eligible Buyers. To the extent allowed by law the Program includes preferences or priorities for homebuyers. The Project's available affordable homes will be initially marketed to eligible moderate-income Buyers who currently live in the project area, are first-time buyers and are community service employees as described below. The preferences will affect the solicitation of applications, selection and qualification of Buyers and marketing. The Program is designed to provide home ownership opportunities to families who meet the following criteria. Marketinl: and Sales In Order Of Priority Status 1. First-time Buyers who are employed in the City of Arroyo Grande in police, fire, health care, education and/or City government services. 2. First-time Buyers who live and work in the City of Arroyo Grande. 3. First-time Buyers who live in the City of Arroyo Grande. 4. First-time Buyers who are employed in the City of Arroyo Grande. 5. First-time Buyers who are employed in the County of San Luis Obispo in police. fire, healthcare, education and/or government services. 6. First-time Buyers who live in the County of San Luis Obispo. 7. First-time Buyers who live outside the County of San Luis Obispo. The above list will be used to determine the Buyer's eligibility and priority order in the sales of homes during the initial stage "Preference Period" of sales as defined below. The above-described Eligible parkside Village Affordable Housing Preference Program 4 ---.- --- - ----- \ Buyers must meet all income and asset requirements set forth by the City's moderate-income criteria. 5. Preference Period. The preference period for marketing efforts to eligible Buyers, under this plan, shall be from the date of the approval of the fInal map for the Project through the first month (30 days) of initial contracting for sales. The preference period for contracting with eligible Buyers is 30 days from the initial purchasing contract period. Contract period is defIned as 45 days prior to the first expected issuance of a notice of completion for a home in the Project. This period shall include a minimum of 60 days following initial advertising to the public that the affordable units are available for sale. Thereafter, Applicant can contract with other Buyers meeting the moderate-income criteria only, but priority shall be provided to fIrst-time Buyers. 7. Marketing Plan. The Applicant shall develop a marketing plan, satisfactory to the City, that includes an outreach and screening process for Eligible Buyers. A. Marketinl! Staff. Marketing staff and participating parties shall include Century 21 Hometown Realty (or other realtor) and Applicant. B, Advertisinl!. Staff shall provide advertising in all practical and available media such as radio, newspapers, community websites and other advertising/marketing resources. A sign will be prominently posted on the Project site. I Parkside YUlage Affordable Housing Preference Program 5 ------ ------- ------ , - I I I , , I I Advertising shall provide information of the following: I I I 1). The marketing preference or priority; ! 2). IdentifY the community requesting the preference; f 3). The preference being sought; , , 4). The need for the preference; and 5). The number of units that will be reserved during the preference period. 8. Eligibility Screening, Qualification and Certification. a. Moderate-income Certification, Household income may not exceed the Moderate Income limits established by the City. Buyers' moderate-income status must be verified by the San Luis Obispo Housing Authority or other agency approved by the City. Buyers must submit an income and asset questionnaire provided by the approving agency or sales staff. b. First-time Buyer Certification, Buyers must submit tax information, credit report and/or any other documentation or information that may be required to verify their first-time Buyer status. A first- time buyer means an individual and his or her spouse who have not owned a home during the three-year period prior to application. An exception is made for people who were homeowners prior to a divorce settlement and are now a single parent. e. Workforce Certification, Buyers with occupations as described in paragraph 5 must submit employment verification. d. Residing Location, Buyers must submit verification of current residence. Parkside Vii/age Affordable Housing Preference Program 6 i - -~~ , All Eligible Certification requirements must be met to evaluate preference and priority status set by the Program. Buyers must timely provide staff and approving agencies with the requested certification information. If certified as an Eligible Buyer, Applicant and Buyer can enter into a written purchase contract for the affordable home, if available, pursuant to the tenns and conditions of the City's Affordable Housing Agreement and Deed Restrictions. 9. Monitoring. Monitoring the Certification of Eligible Buyers shall be by the City and Applicant with assistance from sales staff, approving agencies and lenders. Applicant and staff will maintain detailed records of the actions taken to achieve the Programs established goals in such fonn as would enable the City to determine that the Applicant has indeed made such a good faith effort to comply with the Program. Records shall include, but are not limited to, actions outlined in the previous paragraphs. Applicant or its staff shall at all reasonable times make available to the City or its agents all materials and documents prepared in connection with this Program. 10. Appendices. I. Buyer Application II. Buyer Warranty III. Affordable Housing Agreement and Deed Restriction Parkside Village Affordable Housing Preference Program 7 - -~ __m App.1 Eligible Buyer Application Name: Residing Address: Telephone Number: Number of Family Members in Household: Employment: Spouse: Household Income: First-time Buyer: yes no Other Information: Submitted Documentation: ....1 Parkside Village Affordable Housing Preference Program 8 _u --,,-- --- Buyers' Certification App.1I The undersigned hereby certifies that all of the above information and supporting documentation submitted for verification and in response to the Affordable Housing Preference Program is correct, complete and accurate, and acknowledges that falsification of information is classified as a felony, and violators will be subject to prosecution. The undersigned further certifies that he/she will comply fully and without delay with any request for documentation from the Applicant, City or its representatives or from any public agency with jurisdiction over the Program. The undersigned recognizes and accepts the responsibility and obligation to notify the Applicant and/or the City and/or its agents, in writing if he/she becomes aware of any events or information which would change any statements or representations submitted prior to the closing of the sale of the home. The undersigned recognizes and accepts Certification of Eligibility does not provide any certainty or guarantee of lending. The undersigned further certifies he/she has received a copy of the Affordable Housing Agreement and Deed Restriction for review and consideration. \ , Date: I I , Buyer Buyer I I I , I I App.U I ! Parkside Village Affordable Housing Preference Progrmn 9 ! - ___.. _____.. n__ Sample Affordable Housing Agreement And Deed Restriction App.III App.III Parkside Village Affordable Housing Preference Program 10 I ---.- ---.-- ~ Complimentary Recording Requested Pursuant To Government Code Section 6103 and 27383 When Recorded Mail To: City of Arroyo Grande P. O. Box 550 Arroyo Giande, CA 93421 Attn: City Clerk BUYER'S OCCUPANCY AND RESALE AGREEMENT WITH OPTION TO PURCHASE CITY OF ARROYO GRANDE INCLUSIONARY HOUSING PROGRAM Owner: Address of Home: Development: Income Category of Home: Number of Bedrooms in Horne: Sales Price at Original Purchase: This Buyer's Occupancy and Resale Agreement with Option to Purchase (the "Agreement") is entered into as of this _ day of ,2005, by and between the City of Arroyo Grande (the "City") and (the "Owner"). RECITALS A. Pursuant to the City of Arroyo Grande's Affordable Housing Ordinance (Ordinance No. 514 C.S.), Chapter 16.80 of the Arroyo Grande Municipal Code, a portion of all new housing constructed in the City of Arroyo Grande is required to be affordable to median to above moderate-income households. B. , a Limited Liability Company (the "Developer") entered into an Affordable Housing Agreement dated . Pursuant to the Affordable Housing Agreement, the Developer agreed to sell sixteen (16) homes to moderate-income households at affordable prices (the "Affordable Units"). C. Owner intends to purchase the property located in the City of Arroyo Grande, and more particularly described in Exhibit A attached hereto and incorporated herein (the "Home"). The Home is one of the Affordable Units. The Home has been designated by the City and the Developer as a moderate-income unit. D. Pursuant to the Affordable Housing Ordinance and the Affordable Housing Agreement, the Developer and the City are required to ensure the continued affordability of the Home as an Affordable Unit, and the City therefore requires the Owner to execute this A-I -----"~-- ---- \ Agreement as a condition of the Owner's purchase of the Home. The Owner has agreed to execute and comply with this Agreement in consideration of the Developer's agreement to sell the Home to the Owner at an affordable price that is below the fair market value of the Home. E. The purpose of this Agreement is to place resale controls on the Home and to require the payment of any excess proceeds of sale to the City. TIlls Agreement also provides the City an option to purchase the Home at a restricted price, given in consideration of the economic benefits to the Owner resulting from purchase of the Home at a below market price under the City's Affordable Housing Program. F. The Owner is receiving a first mortgage loan (the "First Mortgage Loan") from (the "First Lender"). The First Mortgage Loan is secured by a deed of trust executed by the Owner in favor of First Lender and recorded in the County of San Luis Obispo (the "First Mortgage Deed of Trust"). The Owner may receive a second mortgage loan (the "Second Mortgage Loan), not to exceed fifteen percent (15%) of the total purchase price, from (the "Second Lender"). The Second Mortgage Loan is secured by a deed of trust executed by the Owner in favor of the Second Lender and recorded in the County of San Luis Obispo (the "Second Mortgage Deed of Trust"). G. TIlls Agreement shall be secured by a deed of trust on the Home (the "City Deed of Trust"). TIlls Agreement and the City Deed of Trust shall be subordinate to the lien of the First Mortgage Deed of Trust and Second Mortgage Deed of Trust. NOW, THEREFORE, in consideration of the benefits received by the Owner and the City hereunder, the Owner and the City agree, as follows: 1. DEFINITIONS The following terms are specially defined for this Agreement and their definitions can be found in the sections indicated below: A. "Affordable Housing Ordinance" - Recital A B. "Agreement" - First sentence of the Agreement on page 1 C. "Affordable Price" - Section lOB D. "City" - First sentence of the Agreement on page 1 E. "City Deed of Trust" - Recital G F. "City Option" - Section 12A G. "City Option Price" - Section 12B H. "Eligible Purchaser" - Section lIB I. "Excess Sales Proceeds" - Section 14 1. "Unrestricted Fair Market Value" - Section lOB A-2 ~ ----.._--- K. "First City Response Notice" - Section 8 L. "First Lender" or "Second Lender"- Recital F M. "First Mortgage Deed of Trust" and "Second Mortgage Deed of Trust" - Recital F N. "First Mortgage Loan" and "Second Mortgage Loan" - Recital F O. "Home" - Recital C and Section 2 P. "Housing Price Index" - Section lOA Q. "Indexed Value" - Section lOA R. "Market Purchaser" - Section 14 S. "Marketing Period" - Section llA T. "Maximum Allowable Sales Price" - Section 10 U. "Owner" - First sentence of the Agreement on Page 1 V. "Owner's Notice of Failure to Locate Eligible Purchaser" - Section liE W. "Owner's Notice ofIntent to Sell" - Section 7 X. "Second City Response Notice" - Section lIE Y. "Transfer" - Section 6 2. DESCRIPTION OF PROPERTY This Agreement concerns the real property in the City of Arroyo Grande, State of California with the street address set forth on page I of this Agreement, which is more fully described in Exhibit A attached hereto and incorporated in this Agreernent by reference (the "Home"). 3. OWNER CERTIFICATIONS: OWNER OCCUPANCY REOUIREMENT The Owner certifies that the financial and other information previously provided in order to qualify to purchase the Home is true and correct as of the date first written above. The Owner shall occupy the Home as the Owner's principal place of residence. The Owner shall be considered as occupying the Home if the Owner is living in the unit for at least ten (10) months out of each calendar year. The Owner shall provide an annual written certification to the City that the Owner is occupying the Home as his or her principal place of residence. 4. LEASING OF HOME The Owner shall not lease the Home to another party. Any lease in violation of this Agreement is prohibited, and shall be a default under this Agreement and the City Deed of Trust. A-3 --.- - 5~ MAINTENANCE AND INSURANCE REOUIREMENTS A. The Owner shall maintain the Home, including landscaping, in good repair and in a neat, clean andorderiy condition and will not commit waste or permit deterioration of the Home. B. The Owner shall maintain a standard all risk property insurance policy equal to the replacement value of the Home (adjusted every five (5) years by appraisal, if requested by City), naming the City as an additional insured. Additional insurance requirements are set forth in Section 5 of the City Deed of Trust. 6. RESTRICTIONS ON RESALE OF THE HOME Any Transfer of the Home will be subject to the provisions of this Agreement including, without limitation, the City Option described in Section 12 below. "Transfer" means any sale, assignment or transfer, voluntary or involuntary, of any interest in the Home, including, but not limited to, a fee simple interest, a joint tenancy interest, a life estate, a leasehold interest, or an interest evidenced by a land contract by which possession of the Home is transferred and Owner retains title. Any Transfer without satisfaction of the provisions of this Agreement is prohibited. Transfers by devise or inheritance to an existing spouse or domestic partner, or a spouse as part of a dissolution proceeding, or in connection with marriage shall not be considered a Transfer for the purposes of this Agreement. 7. NOTICE OF INTENDED TRANSFER: PREPARATION OF HOME FOR SALE A. In the event the Owner intends to Transfer or vacate the Home, the Owner shall promptly give the City written notice of such intent (the "Owner's Notice of Intent to Sell"). The Owner's Notice of Intent to Sell shall be sent to the City by certified mail, return receipt requested at the address provided in Section 31 of this Agreement. The Owner's Notice of Intent to Sell shall include the information necessary for the City to determine the Maximum Allowable Sales Price of the Home, including the following information: (I) the address of the Property; (2) the date of purchase of the Home by the Owner; (3) the purchase price of the Home paid by the Owner at the time of his /her purchase; (4) a copy of the HUD-l Settlement Statement or equivalent document from the close of escrow on the Owner's purchase of the Home; (5) the date on which Owner intends to vacate Home; (6) the date Home will be placed on the market; and (7) the name and phone number of the person to contact to schedule inspection of the Home by the City. A-4 ---- - -_.__..~ --------- B. Following delivery to the City of the Owner's Notice ofIntent to Sell, the Owner shall prepare the Home for sale, as follows: (I) within thirty (30) days of delivery of the Owner's Notice ofIntent to Sell, the Owner shall obtain and deliver to the City a current written report of inspection of the Home by a licensed structural pest control operator; (2) within the sooner of (a) sixty (60) days from the date of delivery of the Owner's Notice of Intent to Sell, or (b) prior to close of escrow on the Transfer, the Owner shall repair all damage noted in the pest report including damage caused by infestation or infection by wood-destroying pests; (3) within ten (10) business days of the date of the Owner's Notice of Intent to Sell, the Owner shall allow the City, or its designee, to inspect the Home to determine its physical condition; (4) if the Home is vacant, the Owner shall maintain utility connections until the close of escrow on the Transfer; 8. CITY RESPONSE TO OWNER'S NOTICE OF INTENT TO SELL The City shall respond in writing (the "First City Response Notice") to the Owner's Notice of Intentto Sell within ten (10) business days of City receipt of a complete Owner's Notice ofIntent to Sell that includes all information required under Section 7 above and access to inspect the Home as required under Section 7(B)(3) above. The First City Response Notice shall inform the Owner of the following information: (1) the maximum qualifying income for an Eligible Purchaser; (2) the certifications required of an Eligible Purchaser; and (3) the Maximum Allowable Sales Price the Owner may receive for the Home, calculated by the City pursuant to Section 11 below. 9. OWNER ACKNOWLEDGMENT OF CITY RESPONSE NOTICE No later than seven (7) days following the date of the First City Response Notice, the Owner shall acknowledge in writing to the City that he/she has received the City Response Notice and still intends to Transfer the Home. 10. DETERMINATION OF MAXIMUM ALLOW ABLE SALES PRICE FOR RESTRICTED SALE If the Owner sells to an Eligible Purchaser, the maxirnum sales price (the "Maximum Allowable Sales Price") that the Owner shall receive from the Eligible Purchaser for purchase of the Home shall be the greater of the Indexed Value or the Affordable Price, but in no event greater than the Unrestricted Fair Market Value. A. Indexed Value. The Indexed Value of the Home means the sales price of the Home at the time of purchase by the Owner, as set forth on page 1 of this Agreement, increased by fifty percent (50%) of the annual percentage of increased value in the Housing Price Index from the date of the original purchase of the Home by the Owner to the date of receipt by the City of the Owner's Notice of Intent to Transfer, and, where applicable, adjusted pursuant to subsection (2) below to reflect the cost of deferred maintenance. "Housing Price Index" shall A-5 _____.._._.____...___n ~-- mean the San Luis Obispo-Arroyo Grande Metropolitan Statistical Area Housing Price Index as published from time to time by the office of Federal Housing Enterprise Oversight or, if such index is no longer published, a comparable index designated by the City of Arroyo Grande. B. Affordable Price. The Affordable Price of the Home means the affordable price for a Median Income Home, Moderate Income Home, or Above Moderate Income Home (as applicable, pursuant to the designation of the Home on page I of this Agreement), pursuant to City regulations. C. Unrestricted Fair Market Value. In certain circumstances it may be necessary to determine the fair market value of the Home (the "Unrestricted Fair Market Value"). These circumstances include: (1) where the parties wish to determine if the Maximum Allowable Sales Price exceeds the Unrestricted Fair Market Value in order to determine the Maximum Allowable Sales Price pursuant to Section 10; (2) where the Owner is selling the Home to an Market Purchaser at an unrestricted price pursuant to Section 13; and (3) where the Owner wishes to refInance the First or Second Mortgage Loan as described in Section 24 below. If it is necessary to determine the Unrestricted Fair Market Value of the Home, it shall be determined by a certified MAl or other qualified real estate appraiser approved in advance by the City. If possible, the appraisal shall be based upon the sales prices of comparable properties sold in the market area during the preceding three (3)-month period. The cost of the appraisal shall be shared equally by the City and the Owner, unless the appraisal is obtained from a new purchaser, or unless the appraisal is necessary because the Owner wishes to refinance the First or Second . Mortgage Loan pursuant to Section 24 below, in which event the Owner shall pay the cost of the appraisal. Nothing in this section shall preclude the Owner and the City from establishing the Unrestricted Fair Market Value of the Home by mutual agreement in lieu of an appraisal pursuant to this section. D. Holdback for Damage Repair Cost. If the City finds that the Owner, through neglect, abuse, or lack of adequate maintenance, has damaged the Home, the City may require that repairs be made at the Owner's cost prior to sale or through the escrow for the sale of the Home. 11. SALE OF HOME TO ELIGIBLE PURCHASER AT RESTRICTED PRICE Following receipt of the First City Response Notice notifying the Owner of the Maximum Allowable Sales Price, the Owner may proceed to sell the Home in compliance with the following requirements: A. Marketing Period. The Owner shall have ninety (90) days frorn the date of the First City Response Notice (the "Marketing Period") to market the Home and fmd an Eligible Purchaser. During the Marketing Period, the Owner shall use bona fide good faith efforts to sell the Home to an Eligible Purchaser in compliance with this Section 11, including listing the Home on the Multiple Listing Service, keeping the Home in an orderly condition, making the Home available to show to agents and prospective buyers, and providing buyers with Eligible Purchaser requirements, including income qualifications and the City's form of disclosure statement sununarizing the terms of the buyer's resale agreement. A proposed purchaser ("Proposed Purchaser"), who the Owner believes will qualify as an Eligible Purchaser, shall be referred to the City for an eligibility determination. A-6 ---- --..._-- ------- B. Eli!!ible Purchaser. A Proposed Purchaser shall qualify as an "Eligible Purchaser" if he or she meets the following requirements, as determined by the City: (1) Intent to Owner Occupy. The Proposed Purchaser shall certify that he or she will occupy the Home as his or her principal place of residence throughout his or her ownership. (2) Agreement to Silm Buver's Resale A!!reement and to CooDerate with City. The Proposed Purchaser shall agree to sign a buyer's resale and occupancy agreement with option to purchase restricting future resale of the Home and shall agree to cooperate fully with the City in promptly providing all information requested by the City to assist the City in monitoring the Proposed Purchaser's compliance with the buyer's resale and occupancy agreement with option to purchase. (3) Income Eligibilitv. The combined maximum income for all household members of the Proposed Purchaser shall not exceed the income level designated by the City in the First City Response Notice. C. Maximum Allowable Sales Price and Closin!! Costs. The purchase price for the sale of the Home by the Owner to the Eligible Purchaser shall not exceed the Maximum Allowable Sales Price calculated by the City pursuant to City regulations and Section 10 above, as set forth in the First City Response Notice. The Maximum Allowable Sales Price shall not include closing costs paid by the Eligible Purchaser. The closing costs paid by the Eligible Purchaser shall not exceed reasonable and customary buyers' closing costs in the County of San Luis Obispo. D. Disclosure and Submittals. The Owner and the Proposed Purchaser shall provide the following information and documents to the City: (1) The name, address and telephone number in writing of the Proposed Purchaser. (2) A signed fmancial statement of the Proposed Purchaser in a form acceptable to the City and any other supporting documentation requested by the City. The fmancial information shall be used by the City to determine the income eligibility of the Proposed Purchaser. (3) The proposed sales contract and all other related documents which shall set forth all the terms of the sale of the Home. Said documents shall include at least the following terms: (a) the sales price; and (b) the price to be paid by the Proposed Purchaser for the Owner's personal property, if any, for the services of the Owner, if any, and any credits, allowances or other consideration, if any. (4) A written certification, from the Owner and the Proposed Purchaser in a form acceptable to the City that the sale shall be closed in accordance with the terms of the sales contract and other documents submitted to and approved by the City. The certification shall also provide that the Proposed Purchaser or any other party has not paid and will not pay to the Owner, and the Owner has not received and will not receive from the Proposed Purchaser or any other party, money or other consideration, including personal property, in addition to what is set A-7 .----- ,-.----- ---- --------. forth in the sales contract and documents submitted to the City. The written certification shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or certification submitted to the City, the City shall have the right to foreclose on the Home or file an action at law or in equity as may be appropriate. In any event, any costs, liabilities or obligations incurred by the Owner and the Proposed Purchaser for the return of any moneys paid or received in violation of this Agreement or for any of the Owner's and/or the Proposed Purchaser's costs and legal expenses, shall be borne by the Owner and/or the Proposed Purchaser and they shall hold the City and its designee harmless and reimburse the City's and its designee's expenses, legal fees and costs for any action they reasonably take in good faith in enforcing the terms of this Agreement. (5) An executed buyer's resale and occupancy agreement and option to purchase and an executed deed of trust from the Proposed Purchaser in forms provided by the City. The recordation of the new deed of trust and buyer's resale and occupancy agreement and option to purchase shall be a condition of the City's approval of the proposed sale. (6) The name of the title company escrow holder for the sale of the Home, the escrow number, and name, address, and phone number of the escrow officer. (7) Upon the close of the proposed sale, certified copies of the recorded City deed of trust and buyer's resale agreement, a copy of the final sales contract, settlement statement, escrow instructions, and any other documents which the City may reasonably request. E. Failure To Locate Eligible Purchaser: Notice to City. If, despite bona fide good faith marketing efforts, the Owner is unable to locate an Eligible Purchaser during the Marketing Period and any extensions to the Marketing Period granted by the City, the Owner shall provide written notice to the City of this fact (the "Owner's Notice of Failure to Locate Eligible Purchaser"). Within thirty (30) days of receipt of the Owner's Notice of Failure to Locate Eligible Purchaser, the City shall provide a second response notice to the Owner (the "Second City Response Notice") stating either (1) that the City will exercise the City Option to purchase the Home pursuant to Section 12 below, or (2) that the Owner may Transfer the Home to a person of the Owner's choosing (a "Marke.t Purchaser") who is not an Eligible Purchaser, at an unrestricted price (supported by an MAl or other qualified appraisal), but shall pay all Excess Sales Proceeds to the City as set forth in Section 13 below. 12. CITY PURCHASE OPTION A. Exercise of ODtion. If the Owner fails to sell the Home to an Eligible Purchaser at or below the Maximum Allowable Sales Price, the City shall then have the option to purchase the Home (the "City Option") for the City Option Purchase Price, as defined below. The City Option may be exercised by the City in the Second City Response Notice (as described in Section 11 E above), to be sent by the City to the Owner within thirty (30) days of receipt of the Owner's Notice of Failure to Locate Eligible Purchaser. If the Second City Response Notice states that the City will exercise the City Option, the City shall purchase the Home within forty- five (45) days of the date of the City's Second Response Notice. The City may, instead of purchasing the Home itself, assign its right to purchase the Home pursuant to the City Option to another public agency, a nonprofit corporation, or to an Eligible Purchaser. In the event of exercise of the City Option and purchase of the Home by the City or its designee, the Owner A-S ------ shall permit a final walk-through of the Home by the City in the final three (3) days prior to close of escrow on the Transfer. B. City Option Price. If the City exercises the City Option, the purchase price to be paid by the City (the "City Option Purchase Price") shall be the highest of the following: (I) the outstanding principal balance of the First Mortgage Loan; (2) the total of the outstanding principal balance of the First Mortgage Loan and any purchase money Second Mortgage Loan; or (3) the appraised value of the Home with the affordability covenants intact, as determined by an appraiser selected by the City and approved by the Owner, and who employs standard appraisal practices. 13. UNRESTRlCTEDSALES If the Second City Response Notice states that the City will not exercise the City Option and that the Owner may proceed to Transfer the Home to a person of the Owner's choosing (a "Market Purchaser") who is not an Eligible Purchaser, at an unrestricted price (supported by an MAl or other qualified appraisal), the Owner may proceed to do so, but the Owner shall pay all Excess Sales Proceeds to the City as set forth in Section 14 below. If the Owner Transfers the Home pursuant to this Section 13, the purchaser shall not be required to execute a buyer's resale and occupancy agreement with option to purchase, and the City shall reconvey the liens of this Agreement and the City Deed of Trust from the Home, provided that the Owner pays the Excess Sales Proceeds to the City pursuant to Section 14 below. The Owner shall provide the City with the following documentation associated with such a Transfer: (I) The name and address of the purchaser; (2) The fmal sales contract and all other related documents which shall set forth all the terms of the sale of the Home. Said documents shall include at least the following terms: (a) the sales price; and (b) the price to be paid by the Market Purchaser for the Owner's personal property, if any, for the services of the Owner, if any, and any credits, allowances or other consideration, if any. (3) A written certification, from the Owner and the Market Purchaser in a form acceptable to the City that the sale shall be closed in accordance with the terms of the sales contract and other documents submitted to and approved by the City. The certification shall also provide that the Market Purchaser or any other party has not paid and will not pay to the Owner, and the Owner has not received and will not receive from the Market Purchaser or any other party, money or other consideration, including personal property, in addition to what is set forth in the sales contract and documents submitted to the City. The written certification shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or certification submitted to the City, the City shall have the right to foreclose on the Home or file an action at law or in equity as may be appropriate. In any event, any costs, liabilities or obligations incurred by the Owner and the Market Purchaser for the return of any moneys paid or received in violation of this Agreement or for any costs and legal expenses, shall be borne by the Owner and/or the Market Purchaser and they shall hold the City and its designee harmless and reimburse their expenses, legal fees and costs for any action they reasonably take in good faith in enforcing the terms of this Agreement. A-9 ____________n_____'._ (4) A copy of the MAl or other qualified appraisal for the Home. (5) Upon the close of the proposed sale, a copy of the final sales contract, settlement statement, escrow instructions, and any other documents which the City may reasonably request. 14. PAYMENT TO CITY OF EXCESS SALES PROCEEDS If the Owner Transfers the Home at an unrestricted price pursuant to Section 13 above, or if the Owner makes a Transfer in violation of this Agreement, the Owner shall pay the Excess Sales Proceeds to the City. For purposes of this Agreement, "Excess Sales Proceeds" shall mean ninety percent (90%) of the amount by which the Unrestricted Fair Market Value for the Home exceeds the Maximum Allowable Sales Price for the Home (in the amount that was stated in the First City Response Notice). This amount shall be a debt of the Owner to the City, secured by the City Deed of Trust. The Owner acknowledges that the City shall have no obligation to cause reconveyance of this Agreement or of the City Deed of Trust until the Excess Sales Proceeds are paid to the City. The City shall utilize the Excess Sales Proceeds for City affordable housing programs. The Owner and the City acknowledge that the formula for calculation of the amount of Excess Sales Proceeds due from the Owner to the City is intended to cause the Owner to receive the same net sales proceeds (following payment by Owner of a standard broker's commission) from sale of the Home at an unrestricted price to an Market Purchaser as the Owner would receive from sale of the Home to the City or to an Eligible Purchaser at the Maximum Allowable Sales Price. 15. DEFAULTS A. The following events shall constitute a Default by the Owner under this Agreement: (1) The City determines that the Owner has made a misrepresentation to obtain the benefits of purchase of the Home or in connection with its obligations under this Agreement; (2) The Owner fails to owner occupy the home, as required pursuant to Section 3 above, and such failure continues following written notice by the City and sixty (60) days opportunity to cure following the date of such notice. (3) The Owner makes a Transfer in violation of this Agreement; (4) The Owner otherwise fails to comply with the requirements of this Agreement and such violation is not corrected to the satisfaction of the City within ten (10) days after the date of written notice by the City to the Owner of such violation; or (5) A notice of default is issued under First or Second Mortgage Loan or other financing secured by the Home. (6) A lien is recorded against the Home other than the lien of a bone fide mortgage loan. , I A-I0 ---.- --~---, -----~ (7) Owner places a mortgage on the Home in violation of Section 24 below. B. Upon a declaration of Default by the City under this Agreement, the City may exercise any remedies at law or in equity, including without limitation, any or all of the following: (1) Declare all Excess Sales Proceeds immediately due and payable without further demand and invoke the power of sale under the City Deed of Trust; (2) Apply to a court of competent jurisdiction for such relief at law or in equity as may be appropriate; (3) Declare a Default under the City Deed of Trust and pursue all City remedies under the City Deed of Trust; and (4) Exercise the City Purchase Option Upon Default as described in Section 17 below. 16. NOTICE OF DEFAULT AND FORECLOSURE A request for notice of default and any notice of sale under any deed of trust or mortgage with power of sale encumbering the Home shall be recorded by the City in the Office of the Recorder of the County of San Luis Obispo for the benefit of the City. The City may declare a Default under this Agreement upon receipt of any notice given to the City pursuant to Civil Code Section 2924b, and may exercise its rights as provided in Sections 15 and 17. In the event of default and foreclosure, the City shall have the same right as the Owner to cure defaults and redeem the Home prior to the foreclosure sale. Nothing herein shall be construed as creating any obligation of the City to cure any su~h default, nor shall this right to cure and redeem operate to extend any time limitations in the default provisions of the underlying deed of trust or mortgage. If the City failed to file the request for notice of default, the City's right to purchase the Home shall commence from the date a notice of default is given by the City to the Owner. 17. PURCHASE OPTION UPON DEFAULT Notwithstanding, and in addition to, the remedies provided the City in Section 16, and the City Option provided to the City in Section 12, the Owner hereby grants to the City the option to purchase the Home following written notice by the City to the Owner of the declaration of a Default by the City under this Agreement. This option to purchase is given in consideration of the economic benefits received by the Owner resulting from ownership of the Home made possible by the City's Affordable Housing Program. The City shall have thirty (30) days after a Default is declared to notify the Owner and the First Lender and Second Lender of its decision to exercise its option to purchase under this Section 17. Not later than ninety (90) days after the notice is given by the City to the Owner of the City's intent to exercise its option under this Section 17, the City shall purchase the Home for the City Option Price, payable in cash or by assuming existing debt and paying the balance in cash, calculated in the manner set forth in Section 12B. A-ll -~.._- - 18. NONLIABILITY OF THE CITY A. No Obligation to Exercise Option. The City shall have no obligation to exercise any option granted it under this Agreement. In no event shall the City become in any way liable or obligated to the Owner or any successor-in-interest to the Owner by reason of its option to purchase under Sections 12 and 17 nor shall the City be in any way obligated or liable to the Owner or any successor-in-interest to the Owner for any failure to exercise its option to purchase. B. Nonliabilitv for Negligence. Loss. or Damage. Owner acknowledges, understands and agrees that the relationship between Owner and the City is solely that of an owner and an administrator of a City affordable housing program, and that the City does not undertake or assume any responsibility for or duty to Owner to select, review, inspect, supervise, pass judgment on, or inform Owner of the quality, adequacy or suitability of the Home or any other matter. The City owes no duty of care to protect Owner against negligent, faulty, inadequate or defective building or construction or any condition of the Home and Owner agrees that neither Owner, or Owner's heirs, successors or assigns shall ever claim, have or assert any right or action against the City for any loss, damage or other matter arising out of or resulting from any condition of the Home and will hold the City harmless from any liability, loss or damage for these things. C. Indemnitv. Owner agrees to defend, indemnify, and hold the City harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys fees that the City may incur as a direct or indirect consequence of: (I) Owner's default, performance, or failure to perform any obligations as and when required by this Agreement or the Deed of Trust; or (2) the failure at any time of any of Owner's representations to the City to be true and correct. 19. RESTRICTIONS ON FORECLOSURE PROCEEDS If a creditor acquires title to the Home through a deed in lieu of foreclosure, a trustee's deed upon sale, or otherwise, the Owner shall not be entitled to the proceeds of sale to the extent that such proceeds otherwise payable to the Owner when added to the proceeds paid or credited to the creditor exceed the Maximum Allowable Sales Price. The Owner shall instruct the holder of such excess proceeds to pay such proceeds to the City in consideration of the benefits received by the Owner through purchase of the Home under the City's Affordable Housing Ordinance. 20. RESTRICTION ON INSURANCE PROCEEDS If the Home is damaged or destroyed and the Owner elects not to rebuild or repair the Home, the Owner shall pay the City the portion of any insurance proceeds received by the Owner for such destruction or damage which is in excess of the Maximum Allowable Sales Price calculated pursuant to Section 10 above. 21. TERM OF AGREEMENT All the provisions of this Agreement, including the benefits and burdens, run with the Home and this Agreement shall bind, and the benefit hereof shall inure to, the Owner, his or her heirs, legal representatives, executors, successors in interest and assigns, and to the City and its successors, until the earlier of (i) thirty (30) years from the date of purchase of the Home by A-12 Owner, or (ii) the date of Transfer of the Home to the City or another purchaser in compliance with this Agreement. 22. SUPERIORITY OF AGREEMENT The Owner covenants that he or she has not, and will not, execute any other agreement with provisions contradictory to or in opposition to the provisions hereof, and that, in any event, this Agreement is controlling as to the rights and obligations between and among the Owner, the City and their respective successors. 23. SUBORDINA nON Notwithstanding any provision herein, this Agreement shall not diminish or affect the rights of the First and Second Lender under the First and Second Lender Deed of Trust or any subsequent First and Second Lender deeds of trust hereafter recorded against the Home in compliance with Section 24 of this Agreement. Notwithstanding any other provision hereof, the provisions of this Agreement and the City Deed of Trust shall be subordinate to the lien of the First and Second Lender Deed of Trust and shall not impair the rights of the First and Second Lender, or such lender's assignee or successor in interest, to exercise its remedies under the First and Second Lender Deed of Trust in the event of default under the First or Second Lender Deed of Trust by the Owner. Such remedies under the First and Second Lender Deed of Trust include the right of foreclosure or acceptance ofa deed or assignment in lieu offoreclosure. After such foreclosure or acceptance of a deed in lieu of foreclosure, this Agreement and the City Deed of Trust shall be forever terminated and shall have no further effect as to the Home or any transferee thereafter; provided, however, if the holder of such First or Second Lender Deed of Trust acquires title to the Home pursuant to a deed or assignment in lieu of foreclosure, this Agreement and the City Deed of Trust shall automatically terminate upon such acquisition of title, only if (i) the City has been given written notice of default under such First or Second Lender Deed of Trust with a sixty (60)-day cure period and (ii) the City shall not have cured the default within such sixty (60)-day period or commenced to cure and given its firm commitment to complete the cure in form and substance acceptable to the First and Second Lender, or (iii) the City shall not have exercised its option to purchase the Home pursuant to Section 17 above within such sixty (60)-day period and then proceeded diligently to cure the default within sixty (60) days of acquiring title to the Home. 24. REFINANCE OF FIRST OR SECOND MORTGAGE LOAN; FURTHER ENCUMBRANCE OF HOME A. The City agrees to promptly upon request execute and deliver any documents reasonably requested to subordinate this Agreement and the City Deed of Trust to a deed of trust securing a refinanced First Mortgage Loan and Second Mortgage Loan provided that, following such refinance, the principal amount of all debt secured by the Home will not exceed the greater of the outstanding principal balance of the refinanced First and Second Mortgage Loan or ninety- five percent (95%) of the Indexed Value of the Home, determined in accordance with Section lOA above. B. The Owner covenants and agrees: (i) not to place any additional mortgage or deeds of trust on the Property without obtaining prior written consent of the City; and (ii) that the total principal amount of all debt secured by the Property shall not exceed ninety-five percent A-13 (95%) of the Indexed Value of the Home, determined in accordance with Section lOA above, unless specifically approved in writing by the City. The City and the Owner agree that the requirements of this Section 24B are necessary to ensure the continued affordability of the Home to Owner and to minimize the risk of loss of the Home by Owner through default and foreclosure of mortgage loans. Owner further acknowledges that violation of the provisions of this Section 24B shall constitute a Default under this Agreement. 25. NONDISCRIMINATION The Owner covenants by and for itself and its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, age, disability, sex, sexual orientation, marital status, ancestry or national origin in the sale, transfer, use, occupancy, tenure or enjoyment of the Home, nor shall the Owner or any person claiming under or through the Owner establish or permit any such practice or practices of discrimination or segregation with reference to the use, occupancy, or transfer of the Home. The foregoing covenant shall run with the land. 26. RIGHTS OF BENEFICIARIES UNDER DEEDS OF TRUSTS This Agreement shall not diminish or affect the rights of the City under the City Deed of Trust. Notwithstanding any other provision in this Agreement to the contrary, this Agreement shall not diminish or affect the rights of the California Housing Finance Agency ("CHF A"), United States Department of Honsing and Urban Development ("HUD"), the Federal National Mortgage Association ("FNMA"), or the Veterans Administration (nv An) under the First and Second Mortgage Deed of Trust or any subsequent First or Second Lender deeds of trust hereafter recorded against the Home in compliance with Section 24 above. Notwithstanding any other provisions in this Agreement to the contrary, all of the provisions of this Agreement shall terminate and have no further force and effect upon the occurrence of one of the following events: A. Title is acquired by CHF A, HUD, FNMA, V A, the First or Second Lender or another party upon foreclosure of a deed of trust to the First or Second Lender or CHF A, or a deed of trust insured by HUD or guaranteed by VA. B. Title is acquired by another party by a deed in lieu offoreclosure of the First or Second Lender, CHF A, or FNMA deed of trust. 27. HUD FORBEARANCE RELIEF Notwithstanding other provisions of this Agreement, the City Option on Default pursuant to Section 17 above shall not be exercised by the City when a deed of trust insured by HUD is secured by the Home, and: (i) the owner is undergoing consideration by HUD for assignment forbearance relief; or (ii) theoWfier is undergoing consideration for relief under HUD's Temporary Mortgage Assistance Payment (TMAP) program. 28. lNV ALID PROVISIONS If anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Agreement, and this I A-14 - --- .--- Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 29. CONTROLLING LAW The terms of this Agreement shall be interpreted under the laws of the State of California. The venue for any legal action pertaining to this Agreement shall be San Luis Obispo County, California. 30. NO WAIVER No delay or omission in the exercise of any right or remedy of City upon any default by Owner shall impair such right or remedy or be construed as a waiver. The City's failure to insist in anyone or more instance upon the strict observance of the terms of this Agreement shall not be considered a waiver of the City's right thereafter to enforce the provisions of the Agreement. The City shall not waive its rights to enforce any provision of this Agreement unless it does so in writing, signed by an authorized agent of the City. 31. NOTICES All notices required herein shall be sent by certified mail, return receipt requested or express delivery service with a delivery receipt and shall be deemed to be effective as of the date received or the date delivery was refused as indicated on the return receipt as follows: To the Owner: At the address of the Home. To the City: City of Arroyo Grande P. O. Box 550 Arroyo Grande, CA 93421 Attn: City Manager The parties may subsequently change addresses by providing written notice of the change in address to the other parties in accordance with this Section. 32. INTERPRETATION OF AGREEMENT The terms of this Agreement shall be interpreted so as to avoid speculation on the Home and to insure to the extent possible that its sales price and mortgage payments remain affordable to persons and families oflow- and/or moderate-income. 33. EXHIBITS Any exhibits referred to in this Agreement are incorporated by such reference. IN WITNESS WHEREOF, the parties have executed this Agreement on or as of the date f1~t written above. A-IS I , ---------- __~__._._.J CITY: OWNER(S): By: CITY MANAGER STATE OF CALIFORNIA ) ) ss COUNTY OF SAN LUIS OBISPO ) On , 2005, before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature( s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. W11NESS my hand and official seal. STATE OF CALIFORNIA ) ) ss COUNTY OF SAN LUIS OBISPO ) On , 2005, before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. A-16 EXHIBIT A Legal Description and Property location A-17 Complimentary Recording Requested Pursuant To Government Code Sections 6103 And 27383 When Recorded Mail To: City of Arroyo Grande P. O. Box 550 Arroyo Grande, CA 93421 Attn: City Clerk DEED OF TRUST AND SECURITY AGREEMENT THIS DEED OF TRUST AND SECURITY AGREEMENT ("Deed ofTrust") made this day of ,2005, among the Trustor, ("Owner"), whose address is , and City of Arroyo Grande ("Trustee"), and the City of Arroyo Grande, a municipal (the "City") as Beneficiary. The Owner, in consideration of the promises herein recited and the trust herein created, irrevocably grants, transfers, conveys and assigns to Trustee, in trust, with power of sale, the property located in the City of Arroyo Grande, San Luis Obispo County, State of California, described in the attached Exhibit A and more commonly known as TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust; and TOGETHER with all articles of personal property or fixtures now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the Property which are necessary to the complete and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefore, whether or not the same are, or shall be attached to said building or buildings in any manner; and all of the foregoing, together with the Property, is herein referred to as the "Security"; To have and to hold the Security together with acquittances to the Trustee, its successors and assigns forever; TO SECURE to the City the performance of the covenants and agreements of Owner contained in that certain Buyer's Occupancy and Resale Agreement with Option to Purchase executed by and between the Owner and the City of even date herewith (the "Resale Agreement") and to secure the payment of Excess Sales Proceeds (as defined in the Resale Agreement) that may become due by Owner to City. ------ -------------- a____ ---------- TO SECURE the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and agreements of Owner herein contained. OWNER AND CITY COVENANT AND AGREE AS FOLLOWS: 1. Owner's Estate. That Owner is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Security, that other than this Deed of Trust, the Security is encumbered only by: (a) that deed of trust executed by Owner in connection with a loan made to Owner by (the "First Lender"), and (second Lender"), securing a promissory note executed by Owner in favor of the First Lender ("First Lender Note") and Second Lender ("Second Lender Note"), to assist in the purchase of the Property and (b) the Resale Agreement. Owner agrees to warrant and defend generally the title to the Security against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring the City's interest in the Security. (As used in this Deed of Trust, the term "First Lender" shall include all successors and assigns of the First Lender and the term "Second Lender" shall include all successors and assigns of the Second Lender). 2. Payment of Excess Sales Proceeds. Owner will promptly pay to the City, when and if due pursuant to the Resale Agreement, the Excess Sales Proceeds (as defined in the Resale Agreement). 3. Resale Agreement. Owner will observe and perform all of the covenants and agreements of the Resale Agreement. 4. Charges: Liens. Owner will pay all taxes, assessments and other charges, fmes and impositions attributable to the Security which may attain a priority over this Deed of Trust, by Owner making any payment, when due, directly to the payee thereof. Upon request by the City, Owner will promptly furnish to the City all notices of amounts due under this paragraph. In the event Owner makes payment directly, Owner will promptly discharge any lien which has priority over this Deed of Trust; provided, that Owner will not be required to discharge the lien of the Deed of Trust securing the First or Second Lender Note (the "First Lender Deed of Trust" or "Second Lender Deed of Trust") or any other lien described in this paragraph so long as Owner will agree in writing to the payment of the obligation secured by such lien in a manner acceptable to the City, or will, in good faith, contest such lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Security or any part thereof. 5. Hazard Insurance. Owner will keep the Security insured by a standard all risk property insurance policy equal to the replacement value of the Security (adjusted every five (5) years by appraisal, if requested by the City). If the Security is located in a flood plain, Owner shall also flood insurance. The insurance carrier providing this insurance shall be licensed to do business in the State of California and be chosen by Owner subject to approval by the City. All insurance policies and renewals thereof will be in a form acceptable to the City and will include a standard mortgagee clause with standard lender's endorsement in favor of the holder of the First and Second Lender Note and the City as their interests may appear and in a form acceptable to the City. The City shall have the right to hold, or cause its designated agent ------~- _u to hold, the policies and renewals thereof, and Owner shall promptly furnish to the City, or its designated agent, the original insurance policies or certificates of insurance, all renewal notices and all receipts of paid premiums. In the event of loss, Owner will give prompt notice to the insurance carrier and the City or its designated agent. The City, or its designated agent, may make proof of loss if not made promptly by Owner. The City shall receive thirty (30) days advance notice of cancellation of any insurance policies required under this section. Unless the City and Owner otherwise agree in writitJ.g, insurance proceeds, subject to the rights of the First Lender, will be applied to restoration or repair of the Security damaged, provided such restoration or repair is economically feasible and the ~ecurity of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds will be used to repay any amounts due under the Resale Agreement, with the excess, if any, paid to Owner. If the Security is abandoned by Owner, or if Owner fails to respond to the City, or its designated agent, within thirty (30) days from the date notice is mailed by either of them to Owner that the insurance carrier offers to settle a claim for insurance benefits, the City, or its designated agent, is authorized to collect and apply the insurance proceeds at the City's option either to restoration or repair of the Security or to pay amounts due under the Resale Agreement. If the Security is acquired by the City, all right, title and interest of Owner in and to any insurance policy and in and to the proceeds thereof resulting from damage to the Security prior to the sale or acquisition will pass to the City to the extent of the sums secured by this Deed of Trust immediate prior to such sale or acquisition, subject to the rights of the First Lender. 6. Preservation and Maintenance of Securitv. Owner will keep the Security in good repair and in a neat, clean, and orderly condition and will not commit waste or permit impairment or deterioration of the Security. If there arises a condition in contravention of this Section 5, and if the Owner has not cured such condition within thirty (30) days after receiving a City notice of such a condition, then in addition to any other rights available to the City, the City shall have the right (but not the obligation) to perform all acts necessary to cure such condition, and to establish or enforce a lien or other encumbrance against the Security to recover its cost of curing. 7. Protection of the City's Security. If Owner fails to perform the covenants and agreements contained in this Deed of Trust or if any action or proceeding is commenced which materially affects the City's interest in the Security, including, but not limited to, default under the First Lender Deed of Trust, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then the City, at the City's option, upon notice to Owner, may make such appearances, disburse such sums and take such action as it determines necessary to protect the City's interest, including but not limited to, disbursement of reasonable attorney's fees and entry upon the Security to make repairs. Any amounts disbursed by the City pursuant to this paragraph, with interest thereon, will become an indebtedness of Owner secured by this Deed of Trust. Unless Owner and City agree to other terms of payment, such amount will be payable upon notice from the City to Owner requesting payment thereof, and will bear interest from the date of disbursement at the lesser of (i) ten percent (10%); or (ii) the highest rate permissible under applicable law. Nothing contained in this paragraph will require the City to incur any expense or take any action hereunder. -----.~,---_.- 8. Insuection. The City may make or cause to be made reasonable entries upon and inspections of the Security; provided that the City will give Owner reasonable notice of inspection. 9. Forbearance bv the Citv Not a Waiver. Any forbearance by the City in exercising any right or remedy will not be a waiver of the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by the City will not be a waiver of the City's right to require payment of any amounts secured by this Deed of Trust. 10. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded by law or equity, and may be exercised concurrently, independently or successively. 11. Successors and Assigns Bound. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of the City and Owner subject to the provisions of this Deed of Trust. 12. Joint and Several Liabilitv. All covenants and agreements of Owner shall be joint and several. 13. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Owner provided for in this Deed of Trust will be given by certified mail, addressed to Owner at the address shown in the first paragraph of this Deed of Trust or such other address as Owner may designate by notice to the City as provided herein, and (b) any notice to the City will be given by express delivery, return receipt requested, to the City of Arroyo Grande at P. O. Box 50000, Arroyo Grande, California, 95007-5000, Attention: City Manager, or to such other address as the City may designate by notice to Owner as provided above. Notice shall be effective as of the date received by City as shown on the return receipt. 14. Governing Law. This Deed of Trust shall be governed by the laws of the State of California. 15. Severability. In the event that any provision or clause of this Deed of Trust or the Resale Agreement conflicts with applicable law, such conflict will not affect other provisions of this Deed of Trust or the Resale Agreement which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Resale Agreement are declared to be severable. 16. Cautions. The captions and headings in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 17. Nondiscrimination. The Owner covenants by and for itself and its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on account ofrace, color, religion, creed, age, disability, sex, sexual orientation, marital status, ancestry or national origin in the sale, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Owner or any person claiming under or through the Owner establish or permit any such practice or practices of discrimination or segregation with reference to the use, occupancy, or transfer of the Home. The foregoing covenant shall run with the land. 18. Nonliabilitv for Negligence. Loss. or Damage. Owner acknowledges, understands and agrees that the relationship between Owner and City is solely that of an owner and an administrator of a City density bonus program, and that City neither undertakes nor assumes any responsibility for or duty to Owner to select, review, inspect, supervise, pass judgment on, or inform Owner of the quality, adequacy or suitability of the Security or any other matter. City owes no duty of care to protect Owner against negligent, faulty, inadequate or defective building or construction or any condition of the Security and Owner agrees that neither Owner, or Owner's heirs, successors or assigns shall ever claim, have or assert any right or action against City for any loss, damage or other matter arising out of or resulting from any condition of the Security and will hold City harmless from any liability, loss or damage for these things. 19. Indemnitv. Owner agrees to defend, indemnify, and hold City and Agency harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys fees that City and Agency may incur as a direct or indirect consequence of: A. Owner's failure to perform any obligations as and when required by the Resale Agreement and this Deed of Trust; or B. the failure at any time of any of Owner's representations or warranties to be true and correct. 20. Acceleration: Remedies. Upon Owner's breach of any covenant or agreement of Owner in this Deed of Trust, including, but not limited to, the covenants to pay, when due, any sums secured by this Deed of Trust, the City, prior to acceleration, will mail by express delivery, return receipt requested notice to Owner specifying; (1) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty (30) days from the date the notice is received by Owner as shown on the return receipt, by which such breach is to be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Security. The notice will also inform Owner of Owner's right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of default or any other defense of Owner to acceleration and sale. If the breach is not cured on or before the date specified in the notice, the City, at the City's option, may: (a) declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by California law. (b) either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach and, notwithstanding the continuance in possession of the Security, the City shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any uncured breach, including the right to exercise the power of sale; (c) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (d) deliver to Trustee a written declaration of default and demand for sale, pursuant to the provisions for notice of sale found at California Civil Code Sections 2924, et seq., as amended from time to time; or (e) exercise all other rights and remedies provided herein, in the instruments by which the Owner acquires title to any --..---- --~----- -.---....------- ----- Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby, or provided by law. The City shall be entitled to conect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorney's fees. 21. Owner's Right to Reinstate. Notwithstanding the City's acceleration of the sums secured by this Deed of Trust, Owner will have the right to have any proceedings begun by the City to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Security pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Owner pays City all sums which would be then due under this Deed of Trust and no acceleration under this Deed of Trust or the Resale Agreement has occurred; (b) Owner cures all breaches of any other covenants or agreements of Owner contained in the Resale Agreement or this Deed of Trust; (c) Owner pays all reasonable expenses incurred by City and Trustee in enforcing the covenants and agreements of Owner contained in the Resale Agreement or this Deed of Trust, and in enforcing the City's and Trustee's remedies, including, but not limited to, reasonable attorney's fees; and (d) Owner takes such action as City may reasonably require to assure that the lien of this Deed of Trust, City's interest in the Security and Owner's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Owner, this Deed of Trust and the obligations secured hereby win remain in full force and effect as if no acceleration had occurred. 22. Due on Transfer of the Prooertv. Upon a Transfer (as defined in the Resale Agreement) of the Property or any interest in it, the City shall require immediate payment in full of all sums secured by this Deed of Trust. 23. Reconvevance. Upon payment of all sums secured by this Deed of Trust, the City will request Trustee to reconvey the Security and win surrender this Deed of Trust and the Resale Agreement to Trustee. Trustee win reconvey the Security without warranty and without charge to the person or persons legally entitled thereto. Such person or persons will pay all costs of recordation, if any. 24. Substitute Trustee. The City, at the City's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. The successor trustee win succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. 25. Suoerioritv of First Lender Documents. Notwithstanding any provision herein, this Deed of Trust shall not diminish or affect the rights of the First Lender under the First Lender Deed of Trust or any subsequent First Lender deeds of trust hereafter recorded against the Security in compliance with the requirements of Section 24 of the Resale Agreement. City agrees to promptly upon request execute and deliver any documents reasonably requested to subordinate this Deed of Trust to any subsequent First Lender Deed of Trust permitted by Section 24 of the Resale Agreement. Notwithstanding any other provision hereof, the provisions of this Deed of Trust shall be subordinate to the lien of the First Lender Deed of Trust and shall not impair the rights of the First Lender, or such lender's assignee or successor in interest, to exercise its remedies under the First Lender Deed of Trust in the event of default under the First Lender Deed of Trust by the ------ Owner. Such remedies under the First Lender Deed of Trust include the right of foreclosure or acceptance of a deed or assignment in lieu of foreclosure. After such foreclosure or acceptance of a deed in lieu of foreclosure, this Deed of Trust shall be forever terminated and shall have no further effect as to the Property or any transferee thereafter; provided, however, if the holder of such First Lender Deed of Trust acquired title to the Property pursuant to a deed or assignment in lieu of foreclosure, this Deed of Trust shall automatically terminate upon such acquisition of title by First Lender, provided that (i) the City has been given written notice of default under such First Lender Deed of Trust with a sixty (60)-day cure period and (ii) the City shall not have cured or commenced to cure the default within such sixty (60)-day period or commenced to cure and given its firm commitment to complete the cure in form and substance acceptable to the First Lender; or (iii) the City shall not have exercised its option to purchase the Property pursuant to Section 17 of the Resale Agreement and then proceeded diligently to cure the default within such sixty (60)-day period. 26. Reauest for Notice. Owner requests that copies of the notice of default and notice of sale be sent to Owner at the address set forth in Section 13 above. IN WITNESS WHEREOF, Owner has executed this Deed Of Trust as of the date first written above. --- CITY: OWNER(S): By: CITY MANAGER STATE OF CALIFORNIA ) ) ss COUNTY OF SAN LUIS OBISPO ) On ,2005, before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. STATE OF CALIFORNIA ) ) ss COUNTYOF SAN LUIS OBISPO ) On , 2005, before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. --~ ----- ~- _---1 8.k. MEMORANDUM TO: CITY COUNCIL {;!; FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR BY: ANDREW BURSAN, PLANNING INTERN SUBJECT: CONSIDERATION OF REQUEST TO REFUND APPLICATION FEES FOR ARCHITECTURAL REVIEW AND ADMINISTRATIVE SIGN PERMIT APPLICATIONS DATE: APRIL 26, 2005 RECOMMENDATION: It is recommended the City Council approve the request from the South County Historical Society to refund the application fee for Architectural Review 05-005 and Administrative Sign Permit 05-009. FUNDING: A fee refund will cost the City $142.00. DISCUSSION: Architectural Review 05-005 and Administrative Sign Permit 05-009 were issued for exterior modifications (window replacement, painting, etc.) and installation of a new sign for the South County Historical Society at 118 East Branch Street. Jan Scott, Curator of the South County Historical Society, has requested a refund for the full amount of the Architectural Review and Administrative Sign Permit application fees totaling $142.00 (Attachment 1). Staff has reviewed the request and found that the minor fayade alterations meet the criteria for a fee waiver adopted by the City Council on September 25, 2001. AL TERNA llVES: The following alternatives are presented for the Council's consideration: - Refund the fee; - Do not refund the fee; or - Provide direction to staff. Attachment: 1. Letter from Jan Scott requesting a fee refund S:\COMMUNITY_DEVELOPMENnCITY _COUNCIL\2005\04-26-o5\So. Co. HS Refund of F_.doc - __I Soutli County Jfistorica[Sol ATTACHMENT 1 <Post Office (]JoJ( 633 }lrroyo qrand'e, CII. 93421-0633 April 1, 2005 RECEIVED Mr. Ryan Foster COMMUNITY DEVELOPMENT APR 0 4 Z005 P.O. Box 550 Arroyo Grande, CA 93421 CI1Y OF ARROYO GRANDE Re: Filing fees fQrpermits COMMUNIlY DEVELOPMENT Dear Ryan, It is my understanding that in some instances the City Council of Arroyo Grande might be willing to refund the filing fees for city permits. The South County Historical Society has recently discovered that our landlord will allow us to improve our storefront at 118 E. Grand. I am delighted that our Board of Directors has voted to fund this fafade improvement. Our neighbors have been making steady headway for years while we have not held our own in this area. As one member recently put it, our doorway "looks like the missing tooth in a smile. " As you know, we are a non-profit corporation run solely by our volunteers. While we are anxious to do our part in the beautification of the Village, we also want try to conserve funds wherever possible. I would greatly appreciate it if we might petition our City Councif for a refund of the $71.00 fee for the Architectural Review permit for minor alteration of the fafade, as well as the $71.00 fee for a Sign Permit for a total of $142.00. Please let me kllow what needs to be done to facilitate this request. Thank YOU'5-J-- , , 8.1. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER~ SUBJECT: CONSIDERATION OF SEVERANCE PAY FOR OFFICE ASSISTANT I POSITION DATE: APRIL 26, 2005 RECOMMENDATION: It is recommended the City Council approve one month severance pay for the City Manager's Office Assistant I position. FUNDING: One month severance pay will result in a cost to the FY 2004-05 General Fund of approximately $3,900. DISCUSSION: The Office Assistant I position in the City Manager's Office is proposed for elimination in the FY 2005-06 Budget. Layoff circumstances are regrettable, but are periodically necessary due to financial constraints and in order to implement efficiency measures. While not required, staff recommends severance pay equal to one month of existing salary and benefits be authorized for the impacted employee in order to assist with the transition period. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve one month severance pay; - Modify amount of severance pay and approve; - Do not approve severance pay; - Provide staff direction. S:ICITY MANAGERISTEVEICounciJ Reports\Sevenmce Pay 4.26.05.doc --_..~- ---- .------- - ------ --- ----... -----.---.-..-- 9.a. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will conduct Public Hearings on TUESDAY, APRIL 26,2005 at 7:00 p.m. in the Arroyo Grande Council Chambers, 215 E. Branch Street, to consider the following items: 1. Development Code Amendment 05-007: Amend Chapter 16.36 of Title 16 (Commercial Districts) and Add Chapter 10.18 to Title 10 (Vehicles and Traffic) of the Arroyo Grande Municipal Code. The City Council will consider a proposed ordinance amending the Municipal Code to include permitting requirements applicable to Auto, vehicle parts sales without installation services in Commercial and Mixed Use Districts and to prohibit auto-related maintenance and repair activity in commercial and public parking lots. Location: Citywide: all Commercial and Mixed Use Districts. Environmental Determination: Exempt pursuant to Section 15061. of the Guidelines of the California Environmental Quality Act (CEQA). 2. Specific Plan Amendment 03-001: Applicant - 5 & 5 Homes; Location - Southwest corner of Courtland Street and East Grand Avenue. The City Council will consider an amendment to the Berry Gardens Specific Plan, Subareas 3 & 4, creating mixed-use development standards for approximately six (6) acres of vacant land. Environmental Determination: In compliance with the California Environmental Quality Act (CEQA), the Community Development Department has prepared an addendum to the Berry Gardens Environmental Impact Report (EIR) for the project. If the City Council does not feel that this determination is appropriate, project approval will not be considered. .. 3. Consideration of Amendments to Conditions of Approval for Vesting Tentative Tract Map (VTTM) 02-002 (2310): Applicant - 5 & 5 Homes; Location - 10.3-acre site located on the north side of Farroll Avenue between Oak Park Blvd and Golden West Place. The City Council will consider amendments to conditions of approval for VTTM 02-002 to subdivide the subject property into sixty-five (65) residential lots ranging in size from 3,058 to 7.672 square feet. Information relating to these proposals is available at the Community Development Department, located at 214 E. Branch Street, Arroyo Grande, California, or by telephone at (805) 473-5420 during normal business hours (8:00 a.m. to 5:00 p.m.) Any person affected or concerned by these proposals may submit written comments to the Community Development Department before the City Council hearings, or appear and be heard in support of or opposition to the proposals at the time of hearings. 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 acti~.~t he legislative body for which the notice was given. vu.- Publish H, The Tribune, Friday, April 15,2005 i I ----._- ---------- uJ MEMORANDUM TO: CITY COUNCIL ROB STRONG, COMMUNITY DEVELOPMENT DIRECT~ FROM: SUBJECT: CONSIDERATION OF AMENDMENTS TO CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP 02-002 (VTTM 2310); APPLICANT - S & S HOMES; LOCATION - 10.3-ACRE SITE ON THE NORTH SIDE OF FARROLL AVENUE BETWEEN OAK PARK AND GOLDEN WEST HOMES DATE: APRIL 26, 2005 RECOMMENDATION: It is recommended the City Council adopt a Resolution approving proposed amendments to Conditions of Approval for VTTM 02-002 to modify the requirements for drainage improvements. FUNDING: The recommendation would provide $150,000 funding to the City to be used for improvements to the Soto Sports Complex drainage facilities. DISCUSSION: Backcround The 10.3-acre subject property was originally part of PD-1.5 approved in 1990 and designated Residential Suburban, which would have allowed a maximum of 25 homes. In 2002 Don McHaney applied for a General Plan Amendment, Development Code Amendment, Planned Development Amendment and Vesting Tentative Tract Map to enable a 45 lot single-family subdivision. At the time, Drainage Zone A was considered adequate for off-site retention and recharge. The developer was encouraged to reconsider higher density and more affordable design alternatives as the site adjoins multi-family designations on the east and south, single-family lots to the west and the Soto Sports Complex on the north. In 2003, S & S Homes applied for a Planned Development Amendment for 13 single- family lots on the western quarter and 60 multi-family, Planned Unit Development units on the eastern three quarters of the site. The project design provided for a combination pocket park and on-site drainage retention basin at the north end of Bakeman Street loop on the north side of Farroll Avenue, adjoining the Soto Sports Complex pond 2 and overflow Basin 3 field. The on-site storm drainage retention was determined necessary to address storm retention and recharge deficiencies found to exist in Drainage Zone A. The developer proposed and the City approved this preliminary design for a public U:\Staff Reports.Agenda\04-26-05 sr Revision of COND VITM 02-002.doc -~ - CITY COUNCIL CONSIDERATION OF AMENDMENTS TO CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP 02-002 (VTTM 2310) APRIL 26, 2005 PAGE 2 parklponding basin rather than a private Homeowners Association maintained facility, with the understanding that the basin could provide at least twice the drainage capacity than the project would need and with maintenance supported by a maintenance district. Analysis However, detailed engineering studies revealed that the on-site basin capacity must be compromised to avoid backflow from the existing public basins. Without total redesign of the approved project, the engineering also presented acceptable alternative drainage improvements which could benefit all of Drainage Zone A and adequately provide for this new development while reducing the duration and frequency of occasional use of the sport field overflow (Basin 3). The alternative would provide some excess capacity in the on-site public parklponding basin (greater than needed for the new development), but less than twice the project generated capacity due to the technical constraints. The developer would instead contribute funds to improve the pumping system to increase the capability of the discharge "bleeder" line to Arroyo Grande Creek, reduce frequency of the flooding of the sports field (Basin 3), and also enable a quicker sump pump from Basin 3 back into Basin 2 or the bleeder line to minimize damage to the sport field turf from extended inundation. The estimated cost of the alternative improvements is $150,000, which the developer has agreed to contribute. To enable this alternative, the City Council will need to amend condition of approval No. 114 of Resolution No. 3726 regarding the storm drainage basin design criteria and allow the off-site improvements instead. Condition No. 114 currently provides: "The applicant shall construct and dedicate the retention and retardation basin that holds at least twice the drainage capacity than what the project requires. The basin design shall be subject to approval of the Director of Public Works. The City shall maintain the retention basin which will be funded in part by the project's pro rata share through a Maintenance District" The recommended revised condition No. 114 would provide: 'The applicant shall construct and dedicate the on-site drainage retention and retardation basin with a minimum capacity greater than what the project itself requires and subject to the approval of the Director of Public Works. Additionally, within 30 days of final map recordation the developer shall contribute to the City the sum of $150,000 for public drainage benefits including pumps and other improvements associated with Basins 2, 3 and the bleeder line discharge to Arroyo Grande Creek. The City will accept and maintain the on-site drainage retention and retardation basin and U:\Stafl Reports.Agendal04-26-05 sr Revision of COND VTTM 02.Q02.doc ------ ----- , CITY COUNCIL CONSIDERATION OF AMENDMENTS TO CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP 02-002 (VTTM 2310) APRIL 26, 2005 PAGE 3 operate and maintain the off-site drainage facilities supported in part by the project's pro rata share of maintenance costs through a Benefit Maintenance Assessment District. The applicant shall pay for all costs associated with formation of the Maintenance District including, but not limited to, costs of engineering, legal and administrative. In the event that the Maintenance District is not formed or is dissolved, the applicant shall be required to form a Homeowner's Association, and make provision to assure that the Homeowner's Association shall be responsible for the project's drainage maintenance requirements." It is also recommended that Condition No. 15, which requires the creation of a maintenance district, be modified for consistency with Condition No. 114. Additionally, in order to accommodate S & S Homes and allow final map recordation prior to creation of a maintenance district, it is recommended Condition No. 15 be modified as follows: "Prior to issuance of any building permit for the project, the applicant shall form a Benefit Maintenance Assessment District ("Maintenance District") for maintenance of all common areas, and shall pay for all costs associated with formation of the Maintenance District. All documents creating such a Maintenance District shall be subject to review and approval by the City Attorney. Common areas include, but are not limited to, the fencing and landscaping along Farrell Avenue and behind Custom Lots 10-12, the mini- park, the pedestrian pathway from Dixson Street to the park and the drainage basin. In the event the Maintenance District is not formed or is dissolved, the applicant shall be required to form a Homeowner's Association, and make provision to assure that the Homeowner's Association shall be responsible for the project's common area maintenance requirements." AL TERNA TIVES: The following alternatives are provided for Council's consideration: . The City Council can amend the conditions and authorize the alternative as recommended by staff; . The City Council could refer the revised design to the Planning Commission for report and recommendation prior to further action; . The City Council could reject proposed off-site public drainage improvements paid for by the developer and require that the subdivision be redesigned for project drainage to comply with the original condition or be privately maintained by Homeowner's Association, or . The City Council could provide other direction to staff and the applicant. U:\Staff Repor1s.Agenda\04-2~5 sr Revision of COND VTTM 02-002.doc ----" -- CITY COUNCIL CONSIDERATION OF AMENDMENTS TO CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP 02-002 (VTTM 2310) APRIL 26, 2005 PAGE 4 Attachments: 1. Resolution No. 3726, dated Nov. 25, 2003. 2. Letter from S & S Homes dated April 12, 2005, regarding proposed drainage alternative agreement. U:\Staff Reports.Agenda\04-26-05 sr Revision of COND VTTM 02-002.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REVISING CONDITION OF APPROVAL NO. 114 REGARDING DRAINAGE BASIN FOR VESTING TENTATIVE TRACT MAP 02-002 (VTTM 2310) BY S & S HOMES, NORTH SIDE OF FARROLL AVENUE WHEREAS, the City Council of the City of Arroyo Grande approved Resolution No.3726, dated November 25, 2003, containing conditions of approval for Vesting Tentative Tract Map No. 02-002 (VTTM 2310) by S& S Homes on the north side of Farroll Avenue, including condition number 114 regarding storm drainage basin design, and WHEREAS, detailed engineering studies have revealed that the on-site basin capacity must be compromised to avoid backflow from the existing adjoining public ponding basins, and WHEREAS, these engineering studies also presented an acceptable alternative for drainage improvements which could benefit aU of Drainage Zone A and adequately provide for this new development while reducing the duration and frequency of occasional use of sport field overflow basin 3, and WHEREAS, this alternative would provide some excess capacity in the on-site retention and retardation basin for VTTM 2310, but less than twice that needed for the tract due to technical constraints, and WHEREAS, the developer has agreed to contribute funds to improve the pumping system to increase the capability of the discharge "bleeder" line to Arroyo Grande Creek, reduce the frequency of the flooding of the sports field basin 3 and enable quicker sump pump from basin 3 back into basin 2 or the bleeder line to minimize damage to the spOrt field turf from extended inundation, and WHEREAS, the estimated cost of the alternative drainage improvements is $150,000 and the developer has agreed to contribute this sum to enable said public drainage benefits, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande amends Condition Nos. 15 and 114 of Resolution No. 3726 in there entirety to read as follows: Condition No. 15 - "Prior to issuance of any building permit for the project, the applicant shall form a Benefit Maintenance Assessment District ("Maintenance District") for maintenance of all common areas, and shall pay for all costs associated with formation of the Maintenance District. All I - --..- - I RESOLUTION NO. PAGE 2 documents creating such a maintenance district shall be subject to review and approval by the City Attorney. Common areas include, but are not limited to, the fencing and landscaping along Farroll Avenue and behind Custom Lots 10 - 12, the mini-park, the pedestrian pathway from Dixson Street to the park and the drainage basin. In the event the maintenance district is not formed or is dissolved, the applicant shall be required to form a Homeowner's Association, and make provision to assure that the Homeowner's Association shall be responsible for the project's common area maintenance requirements." Condition No. 114 - "The applicant shall construct and dedicate the on-site drainage retention and retardation basin with a minimum capacity greater than what the project itself requires and subject to the approval of the Director of Public Works. Additionally, within 30 days of final map recordation the developer shall contribute to the City the sum of $150,000 for public drainage benefits including pumps and other improvements associated with basins 2, 3 and the bleeder line discharge to Arroyo Grande Creek. The City will accept and maintain the on-site drainage retention and retardation basin and operate and maintain the off-site drainage facilities supported in part by the project's pro rata share of maintenance costs through a Benefit Maintenance Assessment. The applicant shall pay for all costs associated with formation of the Maintenance District including, but not limited to, costs of engineering, legal and administrative. In the event that the Maintenance District is not formed or is dissolved, the applicant shall be required to form a Homeowner's Association, and make provision to assure that the Homeowner's Association shall be responsible for the project's drainage maintenance requirements." On motion by Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 26th day of April, 2005. -- RESOLUTION NO. PAGE 3 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY CARMEL, CITY ATTORNEY ----- I i . ( ATTACHMENT 1 RESOLUTION NO. 3726 A RESOLUTION OF THE CITY COUNCIL OF THE -CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION WITH MITIGATION MEASURES, INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVING VESTING TENTATIVE TRACT MAP CASE NO. 02-002, LOCATED ON FARROLL AVENUE, APPLIED FOR BY DON McHANEY WHEREAS, the City Council of the City of Arroyo Grande held a public hearing on , Vesting Tentative Tract Map 02-002, filed by Don McHaney, to subdivide a 10.3-acre site into 65.residentiallots in accordance with City Code; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that a Mitigated Negative Declaration can be adopted; and WHEREAS, the City Council finds, after due study, deliberation .and public hearing, the following circumstances exist: Tentative Tract Map Findings: 1. The proposed tentative tract map is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the ~eneral Plan map and text, as amended per General Plan Amendment 02-001, and the requirements of the Development Code, as amended per Development Code Amendment 02-002. . 2. The site, as shown on the tentative tract map, is physically suitable for the . proposed density because all necessary easements, parking, open space, and .. setbacks can be provided. . 3. The design of the tentative tract map or the proposed "improvements are not likely to cause substa':ltial damage to the natural environment, including fish, wildlife or their habitat. 4. The design of the subdivision or proposedimprovernents is not likely to cause , public health problems. 5. The design of the tentative tract map or the type of irnprovements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed tentative tract map or that alternate easements for acCess or for use will be provided, and that these alternative easements will br substantially equivalent to ones previously acquired by the public. .~ ----- . ( RESOLUTION NO. 3726 PAGE 2 6. The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements a prescribed in Division 7 (commencing with Section 13000) of the California Water Code. 7. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. Required CEQA Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Vesting Tentative Tract Map No. 02-002. 2. Based on the initial study, a Mitigated Negative Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopts a negative declaration and finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code.or on the habitat upon which the wildlife depends as aresult of development of this project. Further, the Planning Commission finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a negative declaration with mitigation measures, instructs the Director of Adrninistrative Services to file a Notice of Determination, and approves Vesting Tentative Tract Map 02-002, with the above findings and subject to the conditions of approval as set forth in Exhibit nAn, attached hereto and incorporated herein by reference. This Resolution shall become effective on the effective date of Ordinance No. 549. On motion by Council Member Lubin, seconded by Council Member Costello, and by the following roll call vote, to wit: . AYES: Council Members Lubin, Costello, Runels, Dickens and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 25th day of November 2003. ------ ,~ ( RESOLUTION NO. 3726 PAGE 3 TON 1 1 C... A .. U{d'vL- KELLY WE'TMO J DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~J -ST ADAMS", CITY MANAGER APPROVED AS TO FORJVI: . . . . --~._----_..- , " RESOLUTION NO. 3726 PAGE 4 EXHIBIT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP 02-002 Don McHaney and S&S Homes Farroll Avenue COMMUNITY nFVEI OPMENT nFPARTMFNT GFNFRAI CONDITIONS This approval authorizes the subdivision of a 10.3-acre property into sixty-five (65) single- family residential lots ranging in size from roughly 3,000 to 7,700 square feet. 1. The applicant shall ascertain and comply with all Federal, State, County and City . requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Vesting Tentative Tract Map 02-002, General Plan Amendment 02-001, Development Code Amendment 02-002, and Planned Development Amendment 02-001. 3. This tentative map approval shall automatically expire on November 25, 2003 unless the final map is reCorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 4. Development shall occur in substantial conformance with the tentative map presented to the City Council at the meeting of November 25, 2005 and marked Exhibit "B-1" through "B-4" except as modified by these conditions of approval. 5. The applicant shall, as a condition of approval of this tentative map application, defend, inde'mnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought :within the time period provided for by law. This condition is, subject to the provisions of Government Code Section 66474.9, w)1ich are incorporated by reference herein as though set forth in full. . SPFCIAI CONDITIONS 6. There shall be a landscape strip along Farroll AVenue and behind custom lots 10 . through 12 between the fence and back of sidewalk, to be maintained by a Maintenance District. . 7. The fence on Farroll Avenue and behind custom lots 10 through 12 should be consistent with the adjacent planned development. _.~._.~---_._.~._- ( RESOLUTION NO. 3726 PAGE 5 8. Curb and gutters should align with adjacent properties on the east and west. 9. The pedestrian easement from Dixson Street to the mini park, that also serves as the shared access driveway for Lots 1, 2 and 3, shall have a decorative concrete surface. 10. Prior to recording the Final Map, a five-foot (5') maintenance easement shall be recorded on the adjacent lot for all lots containing zero lot line configurations. Said easernent shall grant access to the owner(a) of the zero lot line dwelling for purposes of maintaining the zero lot line wall. NOIRF 11. Construction shall be limited to between the hours of 7am and 7pm Monday . through Saturday. No construction shall occur on Sunday. OFVFI OPMFNT com: 12. Development shall conform to the Multifamily (MF) zoning requirements except as otherwise approved. 10. All fences andlor walls shall not. exceed six feet (6') in height unless otherwise approved with a Minor Exception or Variance application. 11. 'The developer shall comply with Development Code Chapter 16.20, "Land Divisions". 12. The developer shall comply with Development Code Chapter 16.64, "Dedications, Fees and Reservations." PRIOR TO ISSUANCE OF GRADING PERMIT 13. All walls, including screening and retaining walls, shall be compatible with the . approved architecture and Development Code Standards, and shall be no more than 3 feet in height in the front setback area, subject tq the review and approval of the Community Development Director: 14. The applicant shall submit a perimeter-fencing plan showing all perimeter fences andlor walls. The perimeter-fencing plan shall be approved by the Community . . Development Director. Perimeter fencing shall generally be 6 feet high, unless otherwise approved with these conditions. Any existing fencing may be used subject to the approval of the Community Development Director. ( RESOLUTION NO. 3726 PAGE 6 PRIOR TO RECORDING THE FINAL MAP 15. The applicant shall form a Maintenance District for maint~nance of all common areas. All documents creating such a Maintenance District shall be subject to review and approval by the City Attorney. Common areas include, but are not limited to, the fencing and landscaping along Farroll Ave. and behind custom Lots 10 through 12, the mini park, the pedestrian pathway from Dixson Street to the park and the drainage basin. 16. A landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development and Parks and Recreation Departments. The landscaping plan shall include the following for all public street frontages and common landscaped areas: a. Tree staking, soil preparation and planting detail; b. Landscaping to screen ground-mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: (1 ) Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; (2) Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping plan; and (3) All slopes 2:1 or greater shall have jute mesh, nylon mesh or. equivalent material. (4) An automated irrigation system. 17. Prior to recording the final map and to the extent allowed by law, the applicant shall prepare a work force housing program for residents of and workers within the City of Arroyo Gran(ie, sUbject to review and approval by the City Council, which shall establish a priority system to enable targeted work force groups (Le.. public safety City employees, health care employees, teachers, etc.) with qualifying incomes the opportunity to purchase units within the subdivision. PRIOR TO ISSUANCE OF BUILDING PERMIT 18. : The applicant shall comply with the City's Construction and Demolition Debris Recycling Ordinance. 19. The applicant snail allocate 25% of the project, or sixteen (16) units, to moderate- income households through a thirty (30) year deed restriction, or other enforceable and recorded restriction. Said document (s) shall be subject to the review and approval of the City Attorney. , 20. The applicant shall submit a fencing plan for the entire development for review and approval by the Community Development Director. - /--..... I RESOLUTION NO. 3726 PAGE 7 PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 21. All fencing shall be installed. PARKS AND RFCRE'ATION DEPARTMENT CONDITIONS 22. The applicant shall comply with the provisions of Ordinance 521. C.S., the Community Tree Ordinance. 23. Linear root barriers shall be used at the front of the project to protect the sidewalks. 24. All street front trees shall be 24-inch box and shall be located a minimum of one (1) tree for every seventy-five feet (75') of street frontage. 25. The Director of Parks, Recreation cmd Facilities shall approve final plans for the . mini park and pedestrian/bike path to the Soto Sports Complex. Rim DINe; AND FIRF DE=PARTMENT CONDITIONS I IRCII IFC 26. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. FIRF I ANFR 27. . Prior to issuance of a certificate of occupancy, the applicant shall post designated fire Janes, per Section 22500.1 of the California Vehicle Code. Curbs around the Farroll Avenue entrance median and both sides of the 20 foot private access drive shall be painted red. 28. All fire lanes must be posted' and enforced, per Police Department and Fire .. Department guidelines. FIRE= Fl OW/FIRF HYDRANTS 29. Project shall have a minimum fire flow of 1,000 gallons per minute for a. duration of 2 hours. 30. Prior to bringing combustibles on site. fire hydrants shall be installed 300 feet apart, per Fire Department and Public Works Department standards. Locations shall be approved by the Fire Chief. , , RESOLUTION NO. 3726 PAGE 8 FIRE SPRINKI FRS 31. All multi-family units and flag lots shall be fitted with fire sprinklers. ARANOONMFNT/NON-C:ONFORMING 32. Prior to issuance of a grading permit or building permit, whichever occurs first, the applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underg(ound piping and other undesirable conditions. OTHFR PFRMITS 33. Prior to issuance of a bUilding permit, County Health Department approval is required for well abandonment. PURl IC WORKS nFPARTMENT CONDITIONS All Public Works Department conditions of approval as listed below are to be complied with prior to recording the map or finalizing the permit, unless specifically noted otherwise. GFNFRAI C:ONOITIONS 34. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development or the Director of Public Works. Washing soil, debris, and garbage into City storm drain systems shall not be permitted. 35. The developer or contractor shall refrain from performing any work that requires City inspections outside of normal business hours (Monday through Friday, 7 A.M. to 5 P.M.).. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. IMPROVFMENT PI ANS 36. " All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Spe~ifications. 37. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 38. Submit as-built plans at the completion of the project or improvements as . directed by the Director of Public Works. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 39. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading, drainage and erosion control, -- { - RESOLUTION NO. 3726 PAGE 9 . b. Street paving, curb, gutter and sidewalk, c. Public utilities, d. Water and sewer, e. Landscaping and irrigation, f. Any other improvements as required by the Director of Public Works or these conditions of approval. 40. The site plan shall include the following: a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location, quantity and size of all existing and proposed sewer laterals. c. The location, size and orientation of all trash enclosures. d. All existing and proposed parcel lines and ea::;ements crossing the property. . e. The location and dimension of all existing and proposed paved areas. f. The location of all existing and proposed public or private utilities. 41. Improvement plans shall include plan and profile of existing and proposed streets and utilities. 42. Landscape and irrigation plans are required within the public right of way,and shall be approved by the Community Development, Parks and Recreation, and Public Works Departments. WATFR 43. Whenever possible, all water mains shall be looped to prevent dead ends. The Director of Public Works must grant permission to dead end water mains. 44. Non-potable water is available at the Soto Sports Complex for constructing and grading purposes. 45. Each parcel shall have separate water meters. Duplex service lines shall be '. used if appropriate. 46. Lots using fire ~prinklers shall have individual service connections. If the units are to be fire sl5rinkled, a tire sprinkler engineer shall determine the size of the water meters. . 47. EXisting water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 48. The applicant shall complete measures to neutralize th~ estimated increase in water demand created by the project by either: RESOLUTION NO. 3726 PAGE 10 a: Implement an individual water program consisting of retrofitting existing high-flow plumbing fixtures with low flow devices. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City Council for approval prior to implementation; OR, b. The applicant may pay an in lieu fee of $2,200 for each new residential unit. 49. Loop an 8" water main under the proposed public street. , 50. Install an 8" water main under the proposed private driveway and connect to the main on both ends (private drive through the pedestrian link from Dixson Street). 51. Install an 8" water main connecting the existing water main underDixson Street to the water main at the intersection of Ash and Courtland as follows: a. Install the necessary line across the tract to stub out to the City sports complex. b. Enter into a reimbursement agreement with the City to be reimbursed for 82% of the construction costs for the remaining portion outside of the tract boundaries. 52. Fire hydrants are to be located 300 feet apart. 53. All existing water wells shall be abandoned per the City Municipal Code. Certificates of abandonment shall be provided to the public works department. RFWFR 54. Each parcel shall be provided a separate sewer lateral. 55. All new sewer mains must be a minimum diameter of 8". 56. All sewer mains or laterals crossing or parallel to public water facilities shall be . constructed in accordance with California State Health Agency standards. 57. All new sewer, mains shall be pressure tested, b'alled and mandreled per Standard Spe'cifications for Public Works Construction "Greenbook Specifications", 2003 edition. All sewer mains shan be video inspected with a video log of all lateral and manhole locations. . 58. Existing sewer'laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 59. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to final recordation of the map. ---. . ----- RESOLUTION NO. 3726 PAGE 11 60. Obtain approval from the South San Luis Obispo County Sanitation District prior to relocation of any District facilities. . 61. Abide by conditions set forth by the South San Luis Obispo County Sanitation District for remediation of impact to District facilities. 62. Obtain approval from the City of Grover Beach prior to connecting sewer laterals under Dixson Street for Phase I homes. 63. Connect the new sewer main under the proposed public street to the sewer manhole at the intersection of East Bakeman Lane and Farroll Avenue. 64. Install a sewer main under the proposed private driveway and connect to the new city sewer main on the east side of the tract. 65. Install sewer manholes at the end of every main, where mains intersect, and at any grade breaks or direction changes. Drivable access shall be provided to all existing and/or new manholes. 66. All sewer laterals must connect to City sewer mains. SOUTH SAN 1 IllS ORIS PO COUNTY SANITATION nlSTRICT CONDITIONS OF .APPROVAI 67. The developer shall be required to mitigate the impacts on the trunk sewer line by contributing to the installation of a new trunk replacement line or providing a relief line. 68. A licensed Civil Engineer shall design all public improvement plans in accordance with San Luis Obispo County Improvement Standards and Specifications. 69. The developer shall deposit or post a bond (or other means satisfactory to the . District), for the sewer facilities serving the property. . 70. The developer shall enter into an agreement with th~ District for plan checking and inspection services. PURl IC lJTlllTIFS . 71. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 72. Under ground all existing overhead public utilities along Farroll Avenue and on- site in accordance with Section 16.68.050 of the Development Code. 73. Underground improvements shall be installed prior to street paving. . - ----__0 RESOLUTION NO. 3726 PAGE 12 74. Submit all improvement plans to the public utility companies for approval and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 75. Submit the Final Map shall to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. . . 76. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. RTRFFTS 77. Obtain approval from the Director of Public Works prjo~ .to excavating in any street recently over-laid or slurry sealed. The Director of Public Works shall approve the method of repair of any such trenches, but shall not be limited to an overlay, slurry seal, or fog seal. 78. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. .79. All street repairs shall be constructed to City standards. . 80. Street structural sections shall be determined by an R-Value soil test. 81. Overlay, slurry seal, or fog seal any roads dedicated to the City prior to acceptance by the City may be required as directed by the Director of Public . Works. 82. The proposed public street shall be designated as a local street and shall adhere to the following design standards: a. 36 feet street width from curb to curb. b. 6 feet wide concrete sidewalks with concrete curb and gutter on both sides of the street. c. 52 feet wide right-of-way. d. 25 mile per hour design speed. e. A Traffic Index of 5.5. . 83. Parking along the private street shall not be allowed unless in designated parking . stalls. 84. Reconstruct Farroll Avenue as follows: a. From centerline to ultimate width of the road across the entire frontage. b. Determine if existing structural section is adequate, using a Traffic Index of 7.0. ( RESOLUTION NO. 3726 PAGE 13 c. If existing structural section is not adequate, remove all materials to sub- grade and reconstruct to City standards. .' . d. If existing structural section is adequate, overlay with a minimum of 2" asphalt. e. Perform any necessary measures to ensure the cross slope is constant and does not exceed 5%. 85. Construct Dixson Street as follows: a. From centerline to ultimate width of the road across the entire frontage. b. Determine if existing structural section is adequate, using a Traffic Index of 5.5. c. If existing structural section is not adequate, remove all materials to sub- grade and reconstruct to City standards. d. If existing structural section is adequate, overlay with a minimum of 2" asphalt. e. Perform any necessary measures to ensure the cross slope is constant and does not exceed 5%. { f. Either continue cul-de-sac at the existing radius, or remove the curb, gutter and sidewalk and reconstruct the cul-dE3-sac per City standards. g. Apply new slurry seal when finished. TRAFFIC 86. Provide design considerations for traffic calming measures on the proposed City Street for review by the Director of Public Works. 87. Install "STOP" signs and all associated stenciling and striping at the intersections of Farroll Avenue and the proposed City Street. 88. Install a raised crosswalk where the proposed sidewalk to access Soto Sports . Complex meets the proposed City Street. The raised crosswalk shall have . distinguishing decorative concrete. C:IJRR GliTTER, AND RIDFWAI K 89. Install new concrete curb, gutter, and sidewalk across the property frontage, extending to the east at the intersection of Farroll Avenue and Golden West . Place and to the west tying into existing curb, gutter and sidewalk. 90. Install new concrete curb, gutter and sidewalk along both sides of the proposed City Street. 91. Color any such new facilities as directed by the Director of Community Development or the Director of Public Works. -- ( RESOLUTION NO. 3726 PAGE 14 92. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 93. Install ADA compliant facilities where necessary. 94. Install tree wells for all trees planted adjacent to street, curb, gutter and sidewalk to prevent damage due to root growth. Homeowners shall be 'responsible for maintenance of parkway landscaping across their property frontage. . 95. Construct sidewalks 6" thick behind driveway approaches. 96. Replace the existing storm drop inlet directly across from East Bakeman Lane with a new 14' storm water drop inlet. 97. Replace the existing 6' chain link fence with an 8' chai(l.link fence along the northern property line. 98. If the proposed access to the Soto Sports Complex is allowed, construct with the necessary fencing and improvements as directed by the Director of Public Works. 99. The proposed access to Soto Sports Complex shall be routed as follows: . \ i. A bridge structure spanning the spillway between Pond No.2 and ' the soccer field; ii. A dogleg to the west around the existing sewer dump for the factor truck; and iii. Connect to the football field after the existing set of double gates securing the basin. 100. Install all necessary fencing to adequately secure Pond No. 2 and the soccer field adjacent to the access path, if a pedestrian link is installed at this location. 101. Install a City benchmark along Farroll Avenue. GR~f)ING . 102. Perform all grading in conformance with the City Graqing Ordinance. 103. Grading shall De performed to protect adjacent structures during and after the grading process. . 104. Submit a preliminary soils report prepared by a registered Civil Engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. 105. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. --------..---- ( ( RESOLUTION NO. 3726 PAGE 15 ORAINAGE 106. All drainage facilities shall be designed to accommodate a-100-year storm flow. 107. All drainage facilities shall be in accordance with the Drainage Master Plan. 108. Conduct a hydraulic analysis of the proposed development and submit to the Director of Public Works for review. 109. The project is in Drainage Zone "A" and .therefore requires on-site retention. The drainage basin shall be fenced around its perimeter including gates for access. . . The fencing shall not exceed six feet (6') in height. The Directors of Public Works and Community Development shall approve the design and materials of the fencing and gates. 110. Phase I drainage shall be directed to the Oak Park West Basin. The basin shall be analyzed to ensure capacity to handle the additional development. Improve the basin as necessary to handle the additional runoff. 111. Improve security around the Oak Park West Basin by installing new fence and access gates. Install a full height fence along the westerly boundary atop the existing retaining wall. Permission from the City of Grover Beach may be necessary for constructing full height fence. The Director of Public Works shall approve fencing type and style. .. . 112. The applicant shall mitigate all Phase II storm water as directed by the Director of Public Works. 113. Infiltration basins shall be designed based on soil tests. Infiltration tests shall include a minimum of 2 borings 15 feet below the finished basin floor. Additional borings or tests may be required if the analysis or soil conditions are inconclusive. 114. The applicant shall construct and dedicate the retention and retardation basin . that holds at feast twice the drainage capacity than what the project requires. The basin design shall be subject to approval of th~ Director of Public Works. The City shall maintain the retention basin, which will be funded in part by the project's pro rata share through a Maintenance District. DEOICATIONS AND FASFMFNTS . 115. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8 1/2 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any . additional required City processing. - RESOLUTION NO. 3726 PAGE 16 116. Abandonment of public easements shall be listed on the final map, in accordance with Section 66499.20 of the Subdivision Map Act. 117. The applicant shall dedicate pedestrian access easements to the back of the meandering sidewalk. 118. Street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way, except that street tree easements shall exclude the area covered by public utility easements. 119. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to all street right of ways. The PUE shall be wider where necessary for the installation or maintenance of the public utility va,ults, pads, or similar facilities. 120. A Public Utility Easement (PUE) shall be dedicated over all private streets (to the back of the sidewalks). The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 121. Easements shall be dedicated to the public on the map, or other separate document approved by the City, for the following: a. Drainage easements where shown on the tentative map. The easements shall be a minimum of 15 feet wide. b. Sewer easements where shown on the tentative map, The easements shan be a minimum of 15 feet wide. c. Water easements where shown on the tentative map. The easements shall be a minimum of 15 feet wide. 122. A private easement shall be reserved as shown on the map, for access to lots 1, 2 and 3 and for access to lots 11, 12, and 13. 123. A 10' wide water easement shall be dedicated along,the western boundary of lot 1 for the installation of the water line connecting the water main under Dixson St. to the water main at Ash and Courtland Streets. PFRMITS . 124. Obtain an encroachment permit prior to performing any of the following: a. Performing work in the City right of way, b. Staging work in the City right of way, c. Stockpiling material in the City right of way, d. Storing equipment in the City right of way. RESOLUTION NO. 3726 PAGE 17 125. Obtain a grading permit prior to any grading operations on site. FFF~ 126. Pay all required City fees at the time they are due. Special considerations for this project include: a. . Reducing impact fees up to 60% for the 16 affordable units (excluding water and sewer fees). b. The applicant shall submit a report detailing the direct cost of improvements to develop the 0.3-acre park and park connection c. to the Soto Sports Complex and Dixson Street. The report shall determine the amount of credit that would be applied to the .reduction to the Park Development fee. The amount of credit shall be determined by eligible expenses outlined in the report. and approved by the Parks, Recreation and Facilities Director. If the cost of developing the park exceeds the amount of the Park Development fee to be collected, then no fee would be paid. If the cost of developing the park is less than the current Park Development fee. the remaining balance shall be paid prior to map recordation in accordance with City Ordinance No. 313 C.S. 127. Fees to be paid prior to plan approveil: a. Map check fee, b. Plan check for grading plans based on an approved earthwork estimate, c. Plan check for improvement plans based on an approved construction cost estimate, d. Permit Fee for grading plans based on an approved earthwork estimate, e. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. 128. Water neutralization fee, if applicant chooses (see Condition of ApprovalNo. 45). 129.. Intersection signalization mitigation fee for the impact to the intersection of . Farroll Avenue and South Halcyon Road. . PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: . (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1 ) Tendering any required payment in full or providing satisfactory evidence of -. .-- , RESOLUTION NO. 3726 PAGE 18 arrangements to pay. the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of . the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be fil~d at the. time of the approval or conditional approval of the development or within 90 days after the . date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions. imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or Conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the. purposes of this section, when they are imposed or levied on a specific development. AGRFE'MFNTS 130.. Inspectiqn Agreement: Prior to approval of an improvement plan, the applicant shall enter into an. agreement with the City for i/')spection of the required improvements. . . 131. Subdivision Improvement Agreement: The sub divider shall enter into a subdivision agreement for the completion and guarantee of improvements . required. The subdivision agreement shall be on a form acceptable to the City. 132. Covenants, Conditions, and Restrictions as required by the City RONDS 133. All bonds or security shall be in a form acceptable to the City, and shall be -- --.- ( .- RESOLUTION NO. 3726 PAGE 19 provided prior to recording of the map, unless noted otherwise. The Improvement securities shall be such that they shall not expire until one-year after the City accepts the improvements. .. 134. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 135. Provide bonds or other financial security for the following, to be based .upon a construction cost estimate approved by the Director of Public Works: a. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements. b. Labor and Materials: 50% of the approved estimated .cost of all subdivision improvements. c. One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision . improvements. d. Monumentation: 100% of the estimated cost of setting survey monuments. This bond may be waived if the developer's surveyor submits to the Director of Public Works a letter assuring that all monumentation has been set. OTHFR nOClIMFNTATION 136. Tax Certificate: The applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. The applicant may be required to bond for any unpaid taxes or liens against the property. 137. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 138.. Subdivision Guarantee: . A current subdivision guarantee shaU be submitted to the Director of Public Works prior to recording the Map. PRIOR TO ISSlJlNG IS.. RUIt DING PERMIT 139. The Final Map shall be recorded with all pertinent conditions of approval satisfied . by construction or bonding. PRIOR TO ISSUING A CE=RTIFICATF OF OCCUPANCY 140. All utilities shall be operational. . ------ RESOLUTION NO. 3726 PAGE 20 141. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Director of Public Works. MITIGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures appropriate City department or responsible agency. The applicant shall be responsible for verification in .writing by the monitoring department or agency that the mitigation measures have been implemented. 1. The applicant shall allocate 25% of the project, or 16 units, for moderate-income households through a thirty-year deed restriction. Monitoring: The applicant shall build the affordable units and record the deed restrictions. Responsible Department: Building and Community Development Depts. Timeframe: Prior to issuing a certificate of occupancy 2. As part of the tract improvements plan check, the applicant shall provide detailed drainage calculations indicating that incre(jsed run-off can be accommodated by existing facilities and/or provide on-site retention basins, to the satisfaction of the Director of Public Works. Monitoring: Review of tract improvement and grading plans Responsible Department: Public Works Department Timeframe: Prior \t> acceptance ~f tract improvements for construction 3. All new construction shall utilize fixtures and designs that minimize water usage. Such. fixtures shall include, but are not limited tO,low flow showerheads, water saving toilets, instant water heaters or hot water recirculating systems, and drip . irrigation with drought tolerant landscaping. Water conserving designs and fixtures . shall be installed prior to final occupancy for each residence. Monitoring: Field inspection of each residence Responsible Department: Building and Fire Department Timeframe: Prior to issuance of Certificate of Occupancy 4. All tract landscaping shall be consistent with water conservation practices including . the use of drip irrigation, mulch, gravel, bark, and native plantings. To the greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. Monitoring: Review of landscaping plans Responsible Department: Parks and Recreation Department Timeframe:. Prior to construction of tract improvements -- . , RESOLUTION NO. 3726 PAGE 21 5. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implement an individual water program that utilizes fixtures and designs that minimize water usage. The c;:alculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City for approval prior to implementation; or, Pay an in lieu fee. Monitoring: Review of individual wate~ program or payment of the in lieu fee . Responsible Department: Public Works Department Timeframe: Prior to Issuance of building permit 6. During construction, water trucks or sprinkler systems shall be used to keep all . areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later moming and after work is completed for the day and whenever wind exceeds 15 miles per hour. 7. Soil stockpiled for more than two days shall be covered, kept .moist, or treated with soil binders to prevent dust generation. 8. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. 9. Install wheel washers where vehicles enter and exit unpaved roads on to streets, or wash off trucks and equipment leaving the site. 10. . Sweep streets at the end of each day if visi~le soil material is carried on to . adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. For mA~!illrA!': 6.10: Monitoring: Review of grading and building plans and site inspections , Responsible Department: The Public Works and Building and. Fire Departments shall inspect plans, and the Community Development Department shall spot check in the field Timeframe: Prior to issuance of grading permit , ' RESOLUTION NO. 3726 PAGE 22 11. The applicant shall pay the City's Traffic Signalization and Transportation Facilities Impact fees prior to issuance of building permit. Monitoring: The applicant shall pay the fees Responsible Department: Building & Fire Department Timeframe: Prior to issuance of building permit 12. All construction equipment shall be provided with well-maintained, functional.. mufflers to limit noise. 13. All construction activities shall be limited to the hours of 7:00 AM to 7:00 PM Monday through Saturday. No construction shall occur on Sunday. 14. To the greatest extent possible, grading and/or excavation, operations at portions of the site bordering developed areas should occur during the middle of the day to minimize the potential for disturbance of neighboring noise sensitive uses. For mp';I!':lIrp.!,: 12.14: Monitoring: . Notes shall be placed on the construction plans referencing the above measures. Responsible Department: Public Works Department Timeframe: During construction 15. Prior to issuance of a building permit, the applicant/developer shall: a. Mitigate the impacts on the trunk sewer line by contributing to the installation of a new replacement trunk line or providing a relief line. b. Submit public improvement plans that are prepared by a licensed Civil Engineer in accordance with San Luis Obispo County Improvement Standards and Specifications. c. Deposit or post a bond (or other means satisfactory to the District), for the sewer facilities serving the property. ' d. Enter into an agreement with the District for plan checking and inspection services. Monitoring: The applicant submit improvement plans and post bonds to the~greementof the Sanitation District., Responsible Department: Public Works/So. SLO County Sanitation Dist. Timeframe: Prior to issuance of Building Permit 16. Prior to issuance of building permits for each residence, the applicant/developer . shall pay the mandated school impact fee. Monitoring: The applicant shall pay applicable school fees. Responsible Department: Building Department Timeframe: . , Prior to issuance of Building Permits for .each residence -- -- -- ------._------- . ( RESOLUTION NO. 3726 PAGE 23 17. The following note shall be placed on the grading and improvement plans for the . Tract: "In the event that during grading, construction or development of the project, and archeological resources are uncovered, all work shall be halted until the City has reviewed the 'resources for their significance. If human remains (burials) are encountered, the County Coroner (781-4513) shall be contacted immediately.. The applicant may be required to provide archaeological studies and/or mitigation measures." Monitoring: Construction plans shall be reviewed prior to issuance of a grading pefl11it to ensure the note is in place. Responsi~le Department: Public Works Department Timeframe: Prior to issuance of grading permit 18. Prior to issuance of building permit. the applicant shall pay all applicable park development fees to the City. Monitoring: The applicant shall pay the park development fees to the City. Responsible Department: Parks and Recreation Department Timeframe: Prior to issuance of building permit . . S:\COMMUNITY _DEVELOPMENT\PROJECTSlTTMlFarrolf EstateslCC 17M reso.doc - --- - < _ It . . - . RESOLUTION NO. 3726 OFF=ICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative ServiceslDeputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certifY under penalty of perjury, that Resolution No. 3726 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grand~ on 'the 25th day of November, 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 3rd day of December, 2003. . . . 11 11 ATTACHMENT 2 S &S HOMES OF THE CENTI\AL COAST. INC. April 12, 2005 City of Arroyo Grande Att: City Manager 200 E. Branch Street Arroyo Grande, CA 93420 RE: Parkside Development Dear Steve Adams; This letter is shall confinn our mutual understanding and agreement of the Parkside Development. S & S Homes agrees to: Pay the City $150,000.00 for public drainage benefits within 30 days following the recording of the final map for the Parkside Project. Our reasoning for the 30 days is that the construction funding for this project will not be in place until after the recording of the final map. Once the map is recorded the bank generally requires an appraisal then the project is funded and from those funds we can pay the agreed amount. City agrees to: 1. Fonn a Maintenance District for the Parkside Development. The District shall maintain the drainage basin, park, pedestrian walkway, lighting and landscaping along Farrol and Batemen as stated in the conditions of approval. 2. Prepare and adopt the Maintenance District fonnation documents. 3. Coordinate with Applicant to minimize plan check timing. 4. The project shall not have to pay affordable housing in lieu fees. 5. Reduce the Park Improvement Fees by the actual costs of all park and walkway improvements installed. *We have asked that the final map for the project not be conditioned on the Maintenance Districts completed fonnation. An issue has arisen regarding whether the Maintenance District must be fonned prior to the recording of the final map. This issue will be addressed at the scheduled City Council hearing. We submit the Maintenance District fonnation be completed and conditioned at a time subsequent to the final map to expedite this project. 1350 EAST GRAND AVENUE ARROYO GRANDE, CA 93420 (805) 481-4033 (805) 481-1083 fax -- ^...~- ~- 0 0 S &S HOMES OF THE CENTRAL COAST. INC. We have prepared a petition for formation of the Maintenance District and have contracted with Keith and Company engineering company to do the exhibits to include the budget calculations. We are certain a resolution can be made with regard to the only outstanding issue of whether the district must be formed prior to the final map recording which will allow us to proceed in a timely manner. John Ma r Warren Sanders, Managing Partner Enclosures Cc; Dan Pike, Pam Denney 1350 EAST GRAND AVENUE ARROYO GRANDE, CA 93420 (805) 481-4033 (805) 481-1083fax --- ---- -_....-- -- 9.b. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of ArrC!yo Grande will conduct Public Hearings on TUESDAY, APRIL 26, 2005 at 7:00 p.m. in the Arroyo Grande Council Chambers, 215 E. Branch Street, to consider the following items: 1. Development Code Amendment 05-007: Amend Chapter 16.36 of Title 16 (Commercial Districts) and Add Chapter 10.18 to Title 10 (Vehicles and Traffic) of the Arroyo Grande Municipal Code. The City Council will consider a proposed ordinance amending the Municipal Code to include permitting requirements applicable to Auto, vehicle parts sales without installation services in Commercial and Mixed Use Districts and to prohibit auto-related maintenance and repair activity in commercial and public parking lots. Location: CityWide: all Commercial and Mixed Use Districts. Environmental Determination: Exempt pursuant to Section 15061. of the Guidelines of the California Environmental Quality Act (CEQA). .. 2. Specific Plan Amendment 03-001: Applicant - S & S Homes; Location - Southwest corner of Courtland Street and East Grand Avenue. The City Council will consider an amendment to the Berry Gardens Specific Plan, Subareas 3 & 4, creating mixed-use development standards for approximately six (6) acres of vacant land. Environmental Determination: In compliance with the California Environmental Quality Act (CEQA), the Community Development Department has prepared an addendum to the Berry Gardens Environmental Impact Report (EIR) for the project. If the City Council does not feel that this determination is appropriate, project approval will not be considered. 3. Consideration of Amendments to Conditions of Approval for Vesting Tentative Tract Map (VTTM) 02-002 (2310): Applicant - S & S Homes; Location - 10.3-acre site located on the north side of Farroll Avenue between Oak Park Blvd and Golden West Place. The City Council will consider amendments to conditions of approval for VTTM 02-002 to subdivide the subject property into sixty-five (65) residential lots ranging in size from 3,058 to 7.672 square feet. Information relating to these proposals is available at the Community Development Department, located at 214 E. Branch Street, Arroyo Grande, California, or by telephone at (805) 473-5420 during normal business hours (8:00 a.m. to 5:00 p.m.) Any person affected or concerned by these proposals may submit written comments to the Community Development Department before the City Council hearings, or appear and be heard in support of or opposition to the proposals at the time of hearin\1s. 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 acti~~f he le9islative body for which the notice was given. I/z.L.-- Kelly Publish H, The Tribune, Friday, April 15,.2005 .- MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG COMMUNITY DEVELOPMENT DIRECTOR BY: RYAN FOSTER, ASSISTANT PLANNER ~ SUBJECT: CONSIDERATION OF SPECIFIC PLAN AMENDMENT 03-001; APPLICANT - S & S HOMES; LOCATION - SOUTHWEST CORNER OF COURTLAND STREET AND EAST GRAND AVENUE DATE: APRIL 26, 2005 RECOMMENDATION: It is recommended the City Council adopt the attached Resolution, amending the Berry Gardens Specific Plan to allow mixed-use development of Subareas 3 and 4. FUNDING: No fiscal impact. DISCUSSION: Backaround The proposed specific plan amendment involves Subareas 3 and 4 of the Berry Gardens Specific Plan. Both subareas are vacant, with the exception of the southem most 1.5 acres of Subarea 3, which was approved for nine (9) single-family homes in June 2003. The remaining 3.1 acres of Subarea 3 is owned by Ruth Dea and Subarea 4 (3.0 acres) is owned by S & S Homes of the Central Coast. The Berry Gardens Specific Plan, which was adopted in September of 1998, did not include any development standards for these two subareas, although for the purposes of environmental review, it assumed that Subareas 3 and 4 would be developed with nine (9) single-family homes and 6.1 acres of general retail. It also assumed that development of the two subareas would be subject to a specific plan amendment, with the intent that the two subareas would be developed, if not concurrently, then at least as an integrated, cohesive project. This integration, which is essential for orderly development and to maximize the development potential for both subareas, requires a certain level of cooperation between the two property owners. Staff has identified two areas of critical concem regarding cooperation between the two property owners: . Securing of easements by Subarea 3 across Subarea 4 for the purposes of access (to Courtland Street) and placement of utilities; and S:ICOMMUNITY _DEVELOPMENTlPROJECTSISPAI03-001ISPA_03-001_CC_RPT.dOC CITY COUNCIL SPA 03-001 APRIL 26, 2005 PAGE20F4 . Installation of mutually beneficial infrastructure improvements (water, sewer, utilities, drainage). Staff has also expressed a concern with the difference in grade between the two subareas; the rough grade of Subarea 3 is currently 7' - 10' below the rough grade on Subarea 4. This could be addressed at the time that Subarea 3 develops, either by importing fill material or using the existing grade to facilitate underground parking. The proposed specific plan amendment was first presented to the Planning Commission in October of 2004, at which time the Commission suggested several revisions to the text of the amendment and continued consideration of the amendment to a date uncertain. The purpose of the continuance was to allow the property owners for each subarea to obtain an independent appraisal for the value of necessary access/utility easements for Subarea 3 across Subarea 4. Both property owners agreed to split the cost of this appraisal, which was completed by Bruce Beaudoin & Associates, Inc. The results of the appraisal, which only assessed the value of the land for the necessary access/utility easements and not any infrastructure improvements, totaled $162,000. Additionally, S & S Homes consulted The Keith Companies to conduct an independent analysis to determine the shared costs of the mutually beneficial infrastructure improvements. The results ofthis analysis concluded that the costs to each subarea would total $152,910. The Planning Commission then reconsidered the proposed amendment at its meeting of April 5, 2005, at which time it unanimously recommended approval of the amendment (Attachment 1). Proiect Description The proposed amendment would establish development standards for Subareas 3 and 4 within the Berry Gardens Specific Plan, located on the southwest corner of East Grand Avenue and Courtland Street. If approved, the amendment would allow mixed-use development on approximately 6.1 vacant acres located in the "Gateway" section of East Grand Avenue. Although the entire 6.1 acres is zoned Gateway Mixed-Use Specific Plan (GMU-SP), the proposed amendment would establish two distinct land uses - the rear 1.3 acres of each subarea would consist of apartments while the remainder of each subarea would consist of mixed-use. based on the allowed uses in the GMU zoning district. Environmental Impacts An addendum to the certified Environmental Impact Report (EIR) for the Berry Gardens Specific Plan was prepared by staff in accordance with the Califomia Environmental Quality Act (CEQA) (Attachment 2). This addendum describes the differences between the assumed development of Subareas 3 and 4 and the proposed amendment, the loss of 2.0 acres of general retail and the addition of fifty-six (56) apartments. It has been determined that this change to the project description will not substantially affect the S:\COMMUNITY _DEVELOPMENTlPROJECTSISPA\03-001ISPA_03-001_CC_RPT.doc CITY COUNCIL SPA 03.Q01 APRIL 26, 2005 PAGE30F4 conclusions reached in the certified EIR. The areas discussed include hydrology and water quality, drainage, land use and planning, noise and traffic. Maximum Densitv Based on the proposed specific plan amendment, both subareas together could accommodate a total of 107 dwelling units - sixty-five (65) units on the multi-family apartments portion and forty-two (42) units on the mixed-use portion. The concept plan only depicts a total of fifty-six (56) dwelling units; any increase in this number will.require further environmental review, as this may exceed the level of significant impacts identified in the certified EIR. Maximum Buildina Heiaht The proposed specific plan includes a maximum building height of forty-five (45) feet for the mixed-use component. While this standard would allow an additional ten (10) feet beyond what is allowed in the Gateway Mixed-Use (GMU) zoning district, it does limit the size of and incorporates setback requirements for the portion of the building over thirty- five (35) feet tall, as illustrated in the specific plan amendment text. This was done to allow building design to take advantage of existing grades and yet prohibit any wall from being a continuous plane greater than thirty-five (35) feet in height and thus softening the mass and scale of the building. Circulation and Access The concept plan (discussed in detail below) has been revised to reflect staff's direction to align one of the mixed-use driveway access points with that of the Longs center on the east side of Courtland Street. This will allow for vehicular movement from one center to the other without the need to travel on East Grand Avenue, as directed by the East Grand Avenue Enhancement Plan. ConceDt Plan The proposed specific plan amendment includes a conceptual site plan that shows a possible development scenario based on the development standards contained within the plan. The critical elements of the concept plan that would control how each subarea ultimately develops are the access/utility locations and the two land use categories. As depicted, the concept plan contains a 3,600 square-foot restaurant and 19,513 square-foot office building on the mixed-use portion of Subarea 4. A total of 101 parking spaces are shown, whereas the Development Code would require a total of 114 parking spaces. This represents a parking reduction of 11 % - the proposed specific plan amendment allows a maximum parking reduction of 30% for mixed-use. The multi-family apartments portion of Subarea 4 contains twenty-eight (2S) one and two-bedroom apartments with sixty-four (64) parking spaces. This is ten (10) spaces over the minimum parking required by the Development Code. The concept plan also contains a total of 20,000 square-feet of retail space on the mixed- use portion of Subarea 3, with a total of eighty (SO) parking spaces, which meets S:ICOMMUNITY _DEVELOPMENnPROJECTSISPAI03-OO1ISPA_03-o01_CC_RPT.doc --~.__.- - -------- . ------------ CITY COUNCIL SPA 03-001 APRIL 26, 2005 PAGE 4 OF 4 Development Code requirements. Subarea 3 also contains twenty-eight (28) one and two-bedroom apartments with sixty-four (64) parking spaces, which is ten (10) spaces over the minimum parking required by the Development Code. ImDlementation Based on past experience, it appears to be very unlikely that the two owners of Subareas 3 and 4 will be able to cooperate to the extent necessary to develop both subareas simultaneously. This assumption is further supported by the fact that Subarea 3 is for sale, and the current owner does not wish to invest in any improvements to the subarea prior to sale (Attachment 3). Staff has suggested that a phasing schedule and reimbursement provision be included in the specific plan amendment that addresses the need for access/utility easements and mutually beneficial infrastructure improvements necessary for a cohesive, integrated project. The phasing schedule designates Subarea 4 as Phase I, which contains the access/utility easements and would be responsible for installation of the mutually beneficial infrastructure improvements, and Subarea 3 as Phase II. Under this provision, the owner, or subsequent owners, of Subarea 3 would be required to pay the costs of the access/utility easements and mutually beneficial infrastructure improvements prior to development of Subarea 3. These costs would be based on the easement appraisal conducted in December 2004 and the improvements cost analysis conducted in January 2005, and the applicant has requested that these costs be subject to a 7% interest rate (carrying cost), commencing on the date that building permits are issued for Phase I. It is staff's opinion that this is the most equitable solution to this problem, as it would allow Subarea 4 to develop prior to Subarea 3 while ensuring that individual subarea development is coordinated and allowing the owner of Subarea 4 to recover the costs associated with providing easements and infrastructure improvements that are necessary and directly benefit Subarea 3. ALTERNATIVES: The following altematives are provided for Council consideration: . Adopt the attached Resolution amending the Berry Gardens Specific Plan for Subareas 3 and 4; or . Do not adopt the attached Resolution amending the Berry Gardens Specific Plan for Subareas 3 and 4; or . Provide direction to staff. Attachments: 1. Planning Commission minutes from the April 5, 2005 meeting 2. Draft Addendum to the Berry Gardens Specific Plan EIR 3. Letter from Ruth Dea, owner of Subarea 3 S:ICOMMUNITY _DEVELOPMENTlPROJECTSISPAI03-001ISPA_03-001_CC_RPT.doc -- ---~ -- I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING SPECIFIC PLAN AMENDMENT 03-001; LOCATED AT THE CORNER OF EAST GRAND AVENUE AND COURTLAND STREET; APPLIED FOR BY S & S HOMES WHEREAS, the City Council of the City of Arroyo Grande adopted Resolution No. 3323 on September 8, 1998 approving the Berry Gardens Specific Plan; and WHEREAS, the Berry Gardens Specific Plan does not include, and contemplates later adoption of, development standards for Subareas 3 or 4; and WHEREAS, the applicant, S & S Homes, owner of Subarea 4, has filed Specific Plan Amendment 03-001 to amend the Berry Gardens Specific Plan to include development standards for Subareas 3 and 4; and WHEREAS, the Planning Commission of the City of Arroyo Grande has recommended that the City Council approve Specific Plan Amendment 03-001; and WHEREAS, the City Council of the City of Arroyo Grande has considered Specific Plan Amendment 03-001 at a duly noted public hearing on April 26, 2005 in accordance with the Arroyo Grande Municipal Code; and WHEREAS, the City Council of the City of Arroyo Grande has determined that the addendum to the certified environmental impact report (EIR) for this Specific Plan Amendment, as prepared, satisfies the requirements of the Califomia Environmental Quality Act (CEQA) and its Guidelines, per Section 15164; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: . Specific Plan Amendment Findings: 1. The proposed Specific Plan Amendment is consistent with the goals, objectives, policies and programs of the general plan; The proposed Specific Plan Amendment would designate the area for the development of a horizontal mixed-use project at the southwest intersection of East Grand Avenue and Courtland street. This designation would encourage pedestrian activity through placement of retaiVcommercial buildings along the street and inclusion of a pedestrian path through the site. These project attributes are consistent with the goals, objectives and policies of the City's General Plan, including policies LU5-7, LU5-10.1, LU12-7.3, ED4-2, ED6-2. -------- .-.....- RESOLUTION NO. SPA 03-001 APRIL 26, 2005 PAGE 2 of4 2. The proposed Specific Plan Amendment will not adversely affect the public health, safety and welfare or result in an illogical land use pattem; There is nothing contained within the proposed Specific Plan Amendment that will adversely affect the public health, safety or welfare. The proposed Specific Plan Amendment contains mixed-use development standards, which are consistent with the mixed-use land use designation. The proposed Specific Plan Amendment addresses and resolves critical coordination of infrastructure improvements between Subareas 3 and 4. Therefore, the proposed Specific Plan Amendment will not result in an illogical land use pattem. 3. The proposed Specific Plan Amendment is necessary and. desirable in order to implement the provisions of the General Plan; Because the Berry Gardens Specific Plan does not include development standards for the project area and the City's General Plan designates the project area as mixed-use with a specific plan overlay, no development can occur on the project site until such time that the Specific Plan is amended. Therefore, the Specific. Plan Amendment is necessary and desirable in order to implement the provisions of the General Plan, which seeks to promote orderly mixed-use development on the project area. 4. The development standards contained in the proposed Specific plan Amendment will result in a superior development to that which would occur using standard zoning and development regulations. The development standards contained in the Specific Plan Amendment include standards for building height that take advantage of the unusual existing grades in the project area. This enables flexibility in building design and increases efficient utilization of the project area, allowing for superior potential development to that which would occur using standard zoning and development regulations. 5. The proposed Specific Plan Amendment is consistent with the purpose and intent of and will not create intemal inconsistencies within the Specific Plan. By using multi-family apartments as a buffer between existing single- family residences in Berry Gardens and more intensive office and retail/commercial development along East Grand Avenue, the proposed Specific ~/an Amendment will not create intemal inconsistencies within the Specific Plan. Although the intent of the 1998 Berry Gardens Specific Plan was for Subareas 3 and 4 to develop as entirely retail/commercial, the inclusion of multi-family apartments allows for a mixed-use development consistent with the City's 2001 General Plan. The proposed Amendment is consistent with the existing Specific Plan and the City's recently amended 2003 Housing Element and would implement the ----- ---------" RESOLUTION NO. SPA 03-001 APRIL 26, 2005 PAGE 30f4 policies, goals and objectives of the General Plan. NOW, THEREFORE, BE IT RESOLVED that based on the findings set forth herein, the City Council of the City of Arroyo Grande hereby approves Specific Plan Amendment 03- 001 as described in Exhibit "A". 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 26th day of April 2005. -- RESOLUTION NO. SPA 03-001 APRIL 26, 2005 PAGE4of4 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY ------~.,-- EXHIBIT A Amendment to the Berry Gardens Specific Plan - Subareas 3 and 4 City of Arroyo Grande Adopted by City Council Resolution On Amendment to the Berry Gardens Specific Plan - Subareas 3 and 4 Table of Contents Background ........................................................................................................ 1 Berry Gardens Specific Plan............................................................................. 1 Subarea 1 ...... ....... ............................................................................................ 1 Subarea 2......................................................................................................... 1 Subarea 3 ................................................................... ~..................................... 1 Subarea 4 ......................................................................................................... 1 Summary Table of Subareas ............................................................................ 2 Specific Plan Proposals - Subareas 3 and 4................................................... 2 Purpose and Objectives.................................................................................... 2 Allowed Land Uses............................................................................................2 Development Standards - Multi-Family Apartments......................................... 3 Development Standards - Mixed-Use .............................................................. 3 Conceptual Plans.....................................................................;......................... 4 Architectural Design Guidelines...................................................... ..... ............. 4 Building Materials............................................................................................. 4 Screening Provisions........................................................................................ 4 Outdoor Storage, Mechanical Equipment and Trash Enclosures ..................... 5 Improvements..................................................................................................... 5 Circulation and Parking ..................................... ................................... ....... ...... 5 Easements........................................................................................................ 5 Water, Sewer and Utilities ................................................................................ 6 Drainage........................................................................................................... 6 Implementation ................................................................................................... 6 Project Phasing................................................................................................. 6 Reimbursement Agreement.............................................................................. 6 Table of Illustrations 1. Berry Gardens Subareas ............................................................................ 8 2. Allowed Land Uses ..................................................................................... 9 3. Building Height Diagram .......................................................................... 10 4. Concept Plan - Subareas 3 and 4............................................................ 11 5. Easement Locations ................................................................................. 12 Table of Appendices A. Complete Appraisal Summary Report B. Preliminary Utility Plan C. Utility Improvement Type Cost Summary City of Arroyo Grande I Amendment to the Berry Gardens Specific Plan - Subareas 3 and 4 BACKGROUND Berrv Gardens SDecitic P1im The Berry Gardens Specific Plan, consisting of four (4) separate subareas, was adopted by the City Council in September of 1998 (Illustration 1). The specific plan area is located on the western edge of the City of Arroyo Grande and comprises approximately 50.1 acres. The area is generally bordered by Oak Park Boulevard to the west, East Grand Avenue to the north, residential development to the east and Ash Street to the south. , ~ubarea 1 Subarea 1 (37.5 acres) was the only fully defined subarea included in the original Berry Gardens Specific Plan. This subarea consists of 149 single-family homes, thirty-one (31) patio homes and a 0.75-acre neighborhood park. This subarea is bordered to the north by Subareas 3 and 4, the Poplar Ponding Basin, and residential development, to the east by residential development, to the south by residential development (Subarea 2) and to the west by commercial development (in the jurisdiction of Grover Beach) and Oak Park Boulevard. Subarea 2 Subarea 2, also known as Jasmine Place, was approved through an amendment to the Berry Gardens Specific Plan in June of 2003. This subarea consists of forty-seven (47) single-family homes and 0.5 acres of passive open space on 5.0 acres. This subarea is bordered to the west by residential development (in the jurisdiction of Grover Beach), to the south by Ash Street, to the west by residential development, and to the north by residential development (Subarea 1 ). Subarea 3 Subarea 3 consists of approximately 4.6 acres; nine (9) single-family homes on the southem most 1.5 acres were approved through an amendment to the Berry Gardens Specific Plan in June 2003. The remaining 3.1 acres is vacant with north em frontage along East Grand Avenue. This subarea is bordered to the west by a commercial center (in the jurisdiction of Grover Beach), to the east by Subarea 4 and to the south by Blackberry Avenue. ~ubarea 4 Subarea 4 consists of approximately 3.0 acres of vacant land with northem frontage along East Grand Avenue and eastern frontage along Courtland Street. This subarea is bordered to the west by Subarea 3, to the south by residential development (Subarea 1) and to the east by Courtland Street. City of Mayo Grande 1 Amendment to the Berrv Gardens Specific Plan - Subareas 3 and 4 ~ummarv Tallie o~Ybareas Subarea Owner Acrea e Existin Zone Pro osed Zone Units 1 N/A 10.2 SFR-SP N/A 51 21.7 SFR-SP 98 5.6 PHR-SP 31 2 N/A 5.0 N/A 47 3 Dae 1.5 SFR-SP N/A 9 3.1 GMU-SP GMU-SP 28-49- 4 S & S Homes 3.0 GMU-SP GMU-SP 28-48- Sub-totel 6.1 56-97- Totel 50.1 283. 324" - Units in excess of the lower number require additional environmental review ~PECIFIC PLAN PRPPOSALS - S~AREAS 3 AND 4 PurDose and.Qj)iectives This amendment to the Berry Gardens Specific Plan establishes allowed uses and development standards for the Gateway Mixed-Use Specific Plan (GMU-SP) zoning district for Subareas 3 and 4, which are intended by the Berry Gardens Specific Plan to be developed together. The. objectives of this amendment to the Berry Gardens Specific Plan are as follows: . Implement the goals, objectives and policies of the City of Arroyo Grande's General Plan; . Promote high-quality retail/commercial development within the City of Arroyo Grande's Redevelopment Area; . Increase the City of Arroyo Grande's supply of affordable rental housing stock; and . Produce a functional, aesthetically pleasing project that will serve as a landmark in the City of Arroyo Grande's western gateway and complete build-out of the Berry Gardens Specific Plan. l\lIowed Land IJses Although the entire portion of both Subareas 3 and 4 are zoned Gateway Mixed- Use Specific Plan (GMU-SP), this amendment establishes two distinct development areas within the zone. Approximately 1.3 acres at the rear of each subarea is designated as Multi-Family Apartment and the remaining portion of each site is designated as Mixed-Use (Illustration 2). City of Arroyo Grande 2 '- ---.---- Amendment to the Berry Gardens Specific Plan - Subareas 3 and 4 Uses in the Multi-Family Apartment portion of Subareas 3 and 4 are restricted to rental apartments, while uses in the Mixed-Use portion of Subareas 3 and 4 are restricted to those uses as allowed in the Gateway Mixed-Use (GMU) zoning district as defined by Chapter 16.36 of the City of Arroyo Grande Development Code. This amendment includes an addendum to the certified Berry Gardens Environmental Impact Report (EIR) that analyzes the impacts of adding a multi- family component to Subareas 3 and 4 with a maximum build-out of fifty-six (56) dwelling units in this component. Although the mixed-use component allows for residential uses, any increase beyond the fifty-six (56) dwelling units identified in the addendum will require further environmental review. Revelooment ~tandards - MIlW-Familv ADartmen~!i Maximum densitv 25 dwellina units per acre Minimum buildina site 40,000 snuare-feet Minimum frant yard setback" 10' Minimum street-side yard setback" 10' far sinale-storv, 15' for two-stOry Minimum side yard setback" 25' for dwellina unit, 3' for covered Darkina Minimum rear yard setback" 20' for dwellina unit, 3' for covered parkina Minimum distance between buildinas" 10' Maximum lot coverage 50% Maximum buildina heiaht 35' Minimum aDen SDace 35% . Parking requirements 1 space per 1-bedroom dwelling (covered), 2 spaces per 2-bedroom dwelling (1 covered); guest parking to be provided at a rate of 0.5 spaces per dwelling unit; guest parking requirements may be reduced by 50% provided that the reduction can be accommodated on the mixed-use portion of the subarea, as determined through discretionary . review Inclusionary housing requirement 25% of the total number of dwelling units. 10% shall be restricted to the low-income cateaorv DeveloDment ~tandards - Mixed:JJse Maximum densi Minimum buildin site Minimum front rd setback" Minimum street-side rd setback" . 10' for two-sto Minimum side rd setback" Minimum rear rd setback" Maximum lot covera e City of Arroyo Grande 3 ----------- Amendment to the Berry Gardens Soecific Plan - Subareas 3 and 4 Maximum building height 35' from average grade; height may be increased to 45' from average grade for architectural features that do not exceed 25% of the floor area of the floor located directly below the feature and provided that any portion of the feature that exceeds 35' from average grade be setback 20' from the perimeter of the building (Illustration 3). In no case shall a building contain a single plane that exceeds 35' from averaoe orade Signage Subject to the provisions of Chapter 16.60 of the Citv of Arrovo Grande DevAlonment Code Parking requirements 1 space per 250 square-feet of gross floor area for retail/commercial uses; 1 space per 100 square- feet of publicly accessible area for restaurant/food service uses; 1 space per 1 "bedroom dwelling (covered), 2 spaces per 2-bedroom dwelling (1 covered); Quest parking to be prqvided at a rate of 0.5 spaces per dwelling unit; parking requirements may be reduced by a maximum of 30%, subject to the provisions of Section 16.56.050 of the City of Arroyo Grande Develooment Code Inclusionary housing requirement 25% of the total number of dwelling units, 10% shall be restricted to the low-income cateoorv ConceDtual~ This amendment contains a conceptual plan illustrating complete buildout of both subareas, utilizing the development standards described above (Illustration 4). ArchitecturatDesian Gui~ A single architectural theme and character consistent with both the Gateway Mixed-Use (GMU) zoning district and East Grand Avenue Enhancement Plan (EGAEP) shall be used throughout Subareas 3 and 4. Site and building design shall incorporate nee-traditional elements. All new construction and exterior remodels shall be subject to review by the Architectural Review Committee (ARC). Use of water features and plaza areas are encouraged. BYIldina I\4iItlrial~ Consistent use of stucco and masonry or horizontal painted wood or composite siding is encouraged as exterior siding materials. Concrete or clay tile, slate, or heavy composition shingles are encouraged as roofing materials. (Wood shake or shingles are prohibited due to fire safety concerns). Heavy timber, tile, or wrought iron is encouraged for accent materials. Commercial buildings are encouraged to use additional accent materials such as granite, tile and rock. ~creenina ProvisJons Walls shall generally be the same colors and materials as the adjoining building exterior and should not exceed a height of six feet. Heights up to eight feet may City of Mayo Grande 4 Amendment to the Berry Gardens Specific Plan - Subareas 3 and 4 be allowed and are subject to minor exception approval. Walls in required front and street side yards should not exceed thirty-six inches in height. Perimeter fences shall not exceed six feet high unless specifically approved through a variance; architectural features such as entry gateways, trellis and arbor elements shall not exceed a maximum height of eight feet. Outdoor Storaae. Mechanical EauiDment and Trash Enclosures To the extent possible, these types of facilities shall be integrated into buildings and not located outside. When necessary, and if approved through discretionary review, limited outdoor storage, mechanical equipment, or trash enclosures may be located within walled and gated enclosures designed as an extension of and compatible with the primary or accessory structures. Freestanding enclosures and metal accessory structures are discouraged. Normal utility and air- conditioning equipment may be placed on the ground when screened by appropriate landscaping and situated away from outdoor use areas, windows, or doorways. All rooftop equipment shall be screened appropriately. !MfROV5f!t;t.ITS ~irculmion and Parkina Courtland Street - Courtland Street is an existing collector street, which shall be used for secondary access to the mixed-use portions of Subareas 3 and 4 and shall be the only access for the multi-family apartment portions of Subareas 3 and 4. Grand Avenue - Grand Avenue is a major arterial street, which runs the full length of both Subareas 3 and 4. Joint access, split evenly between the two subareas with 15' on each side of the common property line, shall be used to serve as the primary entrance for the mixed-use portions of Subareas 3 and 4. This requires a reciprocal access easement between Subareas 3 and 4. Parking - Parking for each subarea shall be provided in accordance with the development standards. contained within this amendment. Parking may be shared between the. two subareas with an appropriate parking agreement, otherwise each subarea shall be required to provide all required parking within that subarea. Pedestrian Path - A pedestrian path shall be provided between the two subareas, providing for a connection from East Grand Avenue to the multi-family apartment portions of both subareas. Easement~ Easement locations for the purposes of access, utilities and drainage are shown in Illustration 5. The northernmost easement is to be used for secondary access City of Arroyo Grande 5 - -'-'- Amendment to the Berrv Gardens Specific Plan - Subareas 3 and 4 to the mixed-use portions of both subareas and shall be aligned with the secondary access for the commercial development (Longs Drugs) on the other side of Courtland Street. The remaining two easement locations shall serve as the only vehicular access for the multi-family portions of both subareas. These easement locations may also serve utilities and drainage. Water. Sewer and lltill!ies Water services shall be obtained from an existing water main located at the northem end of the common property line. Sewer services shall be obtained from an existing .sewer main located in Courtland Street. Gas and electrical utilities shall be obtained from existing lines located in East Grand Avenue. All utilities shall be installed underground. pralnaae Both Subareas 3 and 4 will direct stormwater runoff east across Courtland Street to the Poplar Basin, which was recently expanded by the City to increase capacity. Each subarea will be required to reimburse the City for its proportionate share of basin capacity, as determined by the Public Works Department. IMPLEMENTATION ProieclPhasina Because a different party owns each subarea, the possibility exists that each owner may wish to develop their subarea according to their own timeline. For this reason, development of Subareas 3 and. 4 shall be separated into two distinct phases - development of Subarea 4 shall be Phase I and development of I Subarea 3 shall be Phase II. Reimbursement Provi~on Although each subarea shall be able to pursue development according to its own schedule, the purpose of this amendment is to ensure that the development of both subareas result in a cohesive, integrated project. For this reason, a reimbursement provision is necessary to guarantee the securing of easements and installation of "mutually beneficial" infrastructure improvements that are vital to this purpose. An appraisal for the cost of securing the three (3) access/utility easements located on Subarea 4 for the benefit of Subarea 3 was completed on December 2, 2004 with the consent of both subarea owners. The appraisal concluded that the market value of the easements amounts to $162,000 (Appendix A). City of />mYojo Grande 6 ---._--- .--- ---- Amendmenllo the Berry Gardens Specific Plan - Subareas 3 and 4 The Keith Companies prepared a detailed cost analysis for "mutually beneficial" improvement costs on January 17, 2005 at the direction S & S Homes. This analysis was based on a preliminary utility plan (Appendix B), which concluded that the shared cost for each subarea would amount to $152,910 (Appendix C). These two figures, totaling $314,910, shall be used as a baseline amount and an interest rate of 7% shall be applied to this amount, commencing on the date that building permits are issued for Phase I (Subarea 4). Phase I (Subarea 4) shall be responsible for provision of the three (3) easement locations and installation of the "mutually beneficial" infrastructure improvements, and shall be paid by the owner, or subsequent owners of Phase II (Subarea 3) this amount, plus interest, prior to development of Phase II. I i I i I City of Arroyo Grande 7 ---._--- th Gardens S eifie Plan -- subareas 3 and 4 Amendment to e 1. Berry Gardens subareas r.-'.----T-".-.......-~~ ,~._e.._."'..,..".".::~A~ "_.-,....".....,......,,".. ,"~ j I' f. f -.--.-j . I' i ".' -~.i 1"'..1 . .__.n.."_. j t .! i I . ~ : i i i.:' ,. I . I r---...., .' >- .r-~_L..,- ,. CO (I' '0. ~ ! Q) I I Ii"'! \ ! '- '..-.-.. . ..-.-.--..-.' '. I . CO' --..--.,...' ~.__.J - j 11-.--'., -..---.... . I .----.". .'. M I. .. !"- . .c, i i I_L_~ i I," I... , -.._.. 'l " I ~'" -' \ ' 1/ j ) (n_'-r-1 \ j Q) ,n 1-------_.________ "__. , .' I "',I ~_......J i' ! '. i : ffi I /eL I----T=:-'-;-~\ l'~~.J ,.g Ir'i~l IIi-- ll. --.[[rL,L_L.j n--'i I"" .------LLJ -' rTr=r-.' ., , u~ ' .---'" - .;...._.~.J.. ! 1 ! j \--..._ .". 51........... AI/I1 ,-..1...,,-.-...--., I . i t' j -I. 11IBI----T-1 I ill' .-..T..- ,1=---'''-.-\ ~ -..-L1 .~J__~ i. !. .t-,.--'_m...-""'"~ , ..!! --1-"-- ,.. !' , , i ' !...I. ~--^1 . r i' \ . -. UJ ~ i J _ l---::::,:~l: L" '_J,,-' 8lACKB".;.J _L.J Ii 1___-+--- I I' ~'.-_"1 ( 'ifFFfH._.-.f" Qtt-r---l.-.-E--'Tlm I i ]1 ; ...., , , 1;. ~ 1.....-- -.--.--"!'"--'"..'.-----" r--- '~'-'" . I. 1; 1111'j 1) I i-.. _. h.' - -.-- ---'\. -I .'.---1---- -.TH ~-l 'i. : . j r-, ! lJ...L /. \, .' _: L J [ , ,I ..-.-. ....._--r---{~ wCKlE8eRRViWi /",\ .....v- -...~ ..1--. .-. -.". !-cePARn' -..... --..~- r-:::::r:::-,- ,-1~ rt!Et!Eill------ - - ~ - -----~\ -,--_., -::::f--'!; . I' " !_~____ ,=_JmtIi- a - ---j 'r--L- ~ I ,~i LJ i I ,-- -- f _+--- ~ - __ ,_ - I ,- (11....- c__ { \.OaANII!RRY WI J BLueBERRY NlE ~ ' , I i-:E (-,-- /1BffiE ------- ! ---'.' / ' L ___---' ~ ill' _J---- : , -----1 I ii' I . I ! \ '--.U i IT I I ) I I .. l'~... MSPBEMVAVE ,;:-- ....h-=~ \" ,- --'\ ' r-----, Iv. , rT\ TI I \ \ \ "'_--- -----I r== \ j j , . L Subarea 2 __J :::::: -I AsHSr - ,.;Hs~___...__-=~~_.~....-...-...-.. City of />JrOyo Grande 8 Amendment to the Berrv Gardens Scecific Plan - Subareas 3 and 4 2. AI/owed Land Uses - ~ N i ~ f \; ~Z B ~~ ~m Z~ O~ ~~ rnt: ::c~ " it: $! U~ i ;:JU , 0 I ~ City of Arroyo Grande 9 ----~---- ~- ----- Amendment to the Berry Gardens Specific Plan - Subareas 3 and 4 3. Bui/ding Height Diagram (Mixed-Use Component) I .II,., I!.&X "I' FI.a'I'. * -rul~ ~'De. AP;i,6. "'t'-OW ~' MAo< H~II'" 1'''''''''' &i.....pe. f>ou....IN.. . 1'Eft,1 MitTel"- I I z,,' :S1!:r'/M::IG L J *TH'<So ,="pt; - - - ",,.' MAx ItEl4fl f,D' f...,..., "\,.....$01:. ~ Plan View i u' t ~f.T I!>I'rGI'o- I ~<!'J Y. M",,,.....p.eA Of' I'LD<<. M\PI\I ~ ~ STO,.,,.. So }'i 11\ V' ...-ro,,""( z. !1:>'-oFt"( .1 ., ~ . Section View City of Arroyo Grande. 10 ---.- ""-...-- -------- Amendment to the Berry Gardens Specific Plan - Subareas 3 and 4 4. Concept Plan - Subareas 3 and 4 # < N < ....Jz ~~ tIJG: Z~ 0:& ~~ :I:~ I U~ I I I ::>u I I I 0 I I i ~ , City of Arroyo Grande 11 -~_..._- Amendment to the Berrv Gardens Specific Plan - Subareas 3 and 4 5. Easement Locauons ~ <( ~ ~S ~a. ",,0: z5 O~ ~~ {J)I;: ~~ .. j' U~ ~ :;:>U i 0 I ~ City of Arroyo Grande 12 --'--- DR.AFT ATTACHMENT 1 PUBLIC HEARING ITEM II!.A: (CONTINUED ITEM) SPECIFIC PLAN AMENDMENT 03-001; APPLICANTS - S & S HOMES OF THE CENTRAL COAST and RUTH MATSUMOTO DEA; LOCATION - SOUTHWEST CORNER OF EAST GRAND AVENUE AND COURTLAND STREET (Continued from 3/1/05 meeting). . This item started at 7:18 p.m. Assistant Planner Ryan Foster presented the staff report for an amendment to the Berry Gardens Specific Plan, Subareas 3 & 4, creating mixed-use development standards for approximately six (6) acres of vacant land. The Berry Gardens Specific Plan was adopted in 1998 with standards for Subarea 1 only (and assumption that 3 and 4 would be commercial/retail space). This amendment addresses 3 and 4, and was reviewed by Planning Commission in October 2004. Mr. Foster addressed the commissioners' previous concems. He noted that one portion of Subarea 3 was approved for nine single family residences (now under construction), but the rest of Subarea 3 is currently for sale, while Subarea 4 is planned for development once the SPA is adopted. This SPA would establish standards for development but is not an entitlement. The two owners have been working to agree on certain issues before development occurs. Staff has suggested that a phasing schedule and reimbursement provisions be included in the SPA to address the need for aCcess/utility easements and mutually beneficial infrastructure improvements necessary for a cohesive integrated project. Subarea 4 is denoted as phase I (owned by S&S Homes), and Subarea 3 would be phase 2 (owned by Ruth Matsumoto Dea), since they won't develop concurrently. In response to Commission questions, Mr. Foster and Mr. Strong made the following statements: . Staff's recommendation for reimbursement of easements and infrastructure is worded such that interest starts to accrue at the beginning of development on phase 1. The phase 2 property owner could make the reimbursement at the time improvements are made, or wait until development is started on phase 2 and make the additional simple interest payment at that time. . Staff has encouraged the owners to coordinate rough grading for phase 2. Last week, an offer for free fill material came through from S&S Homesto Ruth Dea. It was tentatively decided it would be transported and stockpiled on her property, but as of tOday there was a phone message from her stating she didn't want that to occur. The dilemma is that any material to be imported for phase 2 done after completion of phase I would have to cross Grand Avenue driveways, so it seems reasonable to do now. . Standards are included for low and moderate income housing as the 25% affordable housing required by City policies. . Residents will not be able to drive from the commercial area to the homes, due to the difference in grade. There's pedestrian access, but not vehicle access. . Staff felt only one easement was needed for mixed-use portion of Subarea 3 access to Courtland Street, and the specific design can be reviewed when a CUP is proposed. . While staff was hoping for property owner agreement on easements arid infrastructure (including grading), at this time this agreement has not occurred. --- Commissioners could preclude 100% of phase 1 or they could approve the SPA and allow for fill to be brought in off of Grand Avenue. . Commissioners can request that lot coverage be increased from 50% to 75%. The original SPA proposal came in before the Gateway Mixed Use zoning was adopted, and it is a maximum standard. . The conceptual building height for this site would be lower than the Santa Lucia Bank (SLB) tower, because the SLB pad is higher. The SPA specifies that any building face be 35' maximum. That "may be increased to 45' from average grade for architectural features that do not exceed 25% of the floor area of the floor located directly below the feature and provided that any portion of the feature that exceeds 35' from average grade be setback 20' from the perimeter of the building." Basically, this means they can add an architectural feature higher, but it must be set back, so it should not look like a towering mass of building on Grand Avenue (see conceptual plan on file for illustration). Vice Chair Brown opened the public hearing John Mack, architect and representative for S & S Homes made the following comments and responded to Commission questions: . The SPA has been reviewed by SAC, ARC and Planning Commission. He shared north and south elevations from a proposal that will retum for discretionary review in the future. . Depending on the front restaurant tenant and other considerations, they may not need the first driveway onto Courtland Street. If the driveway is not there, two parking spaces could be added. . They purposely designed the basement commercial parking not to be shared with the residential development so there would not be any conflicts, but there is pedestrian access via a sidewalk with landscaping and trees that will end at a I future bus stop. . S&S would be okay with maximum coverage increase from 50% to 75%. However, they like to include as much landscaping as they can and would not redesign the project now, as parking dictates much of what can be done on this site. . S&S is willing to bear up front the expense of easements and infrastructure in order to move forward with their proposals. It won't hold them back from doing their project, so long as they will be paid back later with simple interest, home by the next property owner if Ms. Dea sells. Ruth Matsumoto Dea made the following comments: . She wanted to clear up some misunderstandings and misperceptions. Yesterday, she met with staff and S&S Homes. She had a serious bid for her parcel, but the potential buyers are concerned that with the SPA they have no input on future development and may retract the offer if it's approved. . This affects both properties, but Ms. Dea doesn't consider herself party or applicant to the proposed SPA. ~----.. . She felt backed into a corner to make decisions that will affect Subarea 3 and any future owner, but she doesn't have development experience or knowledge. Money is not the issue. She feels she's being steamrolled. . These are the last six acres of unimproved property along Grand Avenue and she also wants to see something integrated and cohesive. She doesn't want to impede progress, but wants it to be in a way the City can be proud of. . She requested a continuance for more time to better understand the proposal. She has major concerns and questions to review with her lawyer. 0 For instance, she thought the "multi-family dwellings' were going to be independently-owned parcels (condos) - for young people who couldn't afford traditional homes. She doesn't want to be an apartment landlord. . The serious purchase offer for her property was attracted to its lower grading. She rejected the fill offer, because she doesn't know what other potential buyers could be looking for. She's trying to sell it as expeditiously as possible, but wants a developer with a track record that can make an exemplary gateway. She hoped if she quickly got a buyer/developer, then they could work together, instead of phasing, but the SPA hogties any developer coming in. . In response to questions from Commissioner Brown, Ms. Dea requested a 90- day continuance to further review the material and to discuss it with her lawyer, real estate agent and potential buyers/developers so they could have input as well. If she can't come up with a buyer by then, she doesn't know what the next step would be, but emphasized she didn't want to hold it up forever. She added that S&S made her an offer that she rejected, and if the SPA is adopted, they would be the only willing buyer since it's their plan. . In response to questions from Commissioner Parker, Ms. Dea would still have an interest in the project - like an affordability factor for young people in the community. She has an interest in what happens to that land and what's appropriate for the citizenry, as she still has family and friends here. John Robasciotti, real estate agent for Ms. Dea: . He reiterated that by adopting the SPA, that pretty much casts in stone what is done to the property and that the buyer is hog-tied to the plan. While there is an option for an individual to amend the SPA, a lot of cost and time is involved. . Precluding new owners from coming in with their own proposals does a disservice to the rest of the community, as there are many people with different and possibly better ideas. . This property is very special and it would be better to wait 90 days now, which will be inconsequential 25 years from now. . In response to questions from Chair Brown, Mr. Robasciotti replied that there's not a good answer for how much time Ms. Dea might need for sale or aJ altemative development plan. Jan Sandertin, Keller Williams real estate agent for the potential buyer, . The SPA severely limits and inhibits development of this property. They would like time to go through the pre-application process and develop jointly with S&S Homes. When the property came up for sale, they made the offer, but if this amendment is approved, not one of the six developers she represents would want this parcel. The SPA diminishes the value of this parcel. She would prefer not to reveal her client tonight, since the offer is subject to this amendment. . In response to questions from Commissioner Parker, Ms. Sanderlin answered that there are definite problems with this SPA including infill (grading) and affordable home ownership, because her clients were thinking of doing underground parking and don't' want to be landlords for apartments. . In response to questions from Chair Brown, she replied that although she hasn't had time for in-depth review of this project, three developers looked at it and all came up with same answer independently of each other. 8:40 p.m. The Commission took a 10-minute break. John Mack (retumed after break): . In the past, he has met with City staff and Ruth Dea to discuss these parcels coming together. . In response to the comment that the SPA would diminish the property value, S&S has borne the costs since applying in 2003, and Ruth Dea's signature consents to this application. . They've had mediation, two Planning Commission meetings, and they've had her review the proposal at least four times. At the last meeting, one of the issues was intensifYing the residential component. Staff responded and also clarified the inclusionary housing element requirement. It's been over two years and they're requesting to move forward. They don't want it continued every time I another developer or potential client has a new idea. . S&S has made five offers to purchase Ruth Dea's portion. The latest offer was based on an agreed upon appraisal by Bruce Beaudoin and then some. That offer was rejected. . S&S has exercised good faith to move forward with what the City wants to see. Apartments are in response to Planning Commission's latest requests. Ruth Dea (retumed for response to above comments): . She disagreed that S&S made offers five times. They made three offers for the nine lots she sold to another developer. S&S started low and only increased the offers after she'd received higher bids. They insisted that she had to sell to them or else they would make this (SPA) a difficult process for her. Based on their intimidation tactics and bullying, she sold the nine lots to someone else. That has nothing to do with Subarea 3, but it keeps coming up. She only received one offer for Subarea 3 and that was after the last continuance. They have tried to work together in a compatible way. She didn't want to revisit issues from those nine lots, but it always resurfaces. Subarea 3 is a tenth lot. They told her if she would sell, they would give her easements. They wouldn't accept that she wanted to sell the other nine lots first. Chair Brown closed the public hearing. ------- - ----- Commissioner comments Keen . The things he wanted to discuss (density and lot coverage) seem small compared to the issues now brought forward, so he didn't even want to get into those. . He wasn't inclined to postpone this any longer and added that approving it doesn't preclude the Deas from developing in a way that doesn't match what S&S has planned. It had been the City's desire for these two projects to be compatible, but apparently that's not going to happen and waiting won't fix anything. He favors approval of the SPA. Parker . She basically agreed with Mr. Keen and liked the conceptual plan. Most of the recommendations came from the Planning Commission, General Plan and Development Codes, not just S&S. . It would have been nice to see a cohesive plan, but she doesn't see that happening, especially since Ms. Dea is adamant that she would not come forward with proposals for apartments or grading, which were both Planning Commission recommendations. . She also stated this would not keep Ms. Dea from coming forward with her own plan, but noted the Planning Commission recommendations would be the basically the same. This does not preclude Ms. Dea from proposing her own SPA and grading plans. . After two years of preparation, this is a good plan. She doesn't want the owners/ future owners of phase 2 to feel rushed to come forward with their own proposals. Once they do, they'll be set up with infrastructure and easements, so they can come forward whenever they're fully ready. Tait . This was fairly simple until an hour ago with all the disagreement. Whether there have been five offers or one offer, she's rejected at least one. . He feels for both sides, but likes the conceptual plan and fe.els it's good for the City, so he can move forward to support it. Fellows . He was in agreement with staffs recommendation, but added that Ms. Dea could present her case again when it goes to City Council. Brown . He also agreed with Mr. Keen. . They have the right and should go before City Council. By that time, Ms. Dea and her representatives will have the same time as a continuance to review the SPA ifthere's something to be concerned about. . There's apparent animosity from previous business dealings, but Planning Commission can't make decisions on particular past history - just on what's here before them tonight. . He would like to make recommendations tonight to City Council. His two concerns are 1.) height and 2.) whether 50% lot coverage is consistent with the current Development Code. If it is now 75%, that's a huge difference. Other than that, he's willing to vote for it. --.- -- -- -- Commissioner Keen made a motion, seconded by Commissioner Parker to recommend to the City Council that they approve the Specific Plan Amendment and adopt: RESOLUTION NO. 05-1959 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL APPROVE SPECIFIC PLAN AMENDMENT 03-001; LOCATED AT THE CORNER OF EAST GRAND AVENUE AND COURTLAND STREET; APPLIED FOR BY S & S HOMES The motion was approved on the following roll call vote: AYES: Commissioners Keen, Parker, Fellows, Tait and Brown NOES: None ABSENT: None the forgoing Resolution was adopted this 5th day of April 2005. ATTACHMENT 2 Berry Gardens Specific Plan ENVIRONMENTAL IMPACT REPORT ADDENDUM March 2005 DRAFT Prepared by: City of Arroyo Grande Community Development Department --------- Berrv Gardens SDeciflc Plan EJR Addendum 1.0 Introduction Background In June of 1998, the City Council of the City of Arroyo Grande certified the final Environmental Impact Report (EIR) for the Berry Gardens Specific Plan - Tract 2260. The Specific Plan and EIR are intended to provide the framework for an orderly development of the properties within the Berry Gardens Specific Plan area consistent with the City of Anl\l/fo Grande General Plan. Berry Gardens is a 50.1-acre residential and commerciil.lm~cIi\i~.~g of four (4) subareas, located on the western edge Hfi\i~.iiG_ei~fer to Appendix A). Subarea 1 of Berry Gardens includti\c\~.\I'ii;iWr1~le.fam~~i~mes, thirty-one (31) patio, or zero lot-line~~~es andiii~ii\~' 75-acre nei~rhood park. Subarea 2 (N Jasmine Place.~~iii~iWfurren~~.i;ii'!\!h~~i;constru,,~ and includes forty-seven (47)~ttached ali\illfhed ~!:I.I.y hom~i~ 0.5 acres of passive op~I')S!~~ A PQ,"'fji\iil Sub.iii~\Wftl"ie acres)~~i been approved for nin~~~~i'~~.,,'~mily ~~'~ii.iiThe .r1der of Subal!lM13 and all of Subarea 4,'t~I1~tier,~'t!l'ing ~i~i!ac.~!remE!i!liii~,cant. ....';";'\....:....... .':';'i'.:;',:,' ..,\.n::-.,:\::.;"", ,....... , P<<1...di'PIPjecti. ..;;.\...... .. ...i.W\. ..c...;ii;iii;'.'\ii \.i;\. Tieri~ftol)'1the.~~~Ii:!~~iispeci~I.~~~*i'i~ii~P~~"t is seeking to amend theSpecifci~iPla!li~.\~tl~~\i,\a m~~~~EI..pi\r1i~rlt on the remainder of S~~area ;31.\\ .E!nd\~I~of\\ii.~!lre~iiiii~i .(refe~!'t'O Appendix A) consisting of commercial,officetli1d r~i!it_ti~ii~~es. PrQfJosedietiviro~'tal ~t~rl11i~ation Upl\ln review andicjilllnparison of the proposed amendment and the scope and . anllh'sisof the certified EIR, Community Development Department staff has determined that an addendum is required to address aspects of the proposed Plan that were not addressed in the certified EIR. Therefore, this Environmental Impact Report Addendum to the Berry Gardens Specific Plan has been prepared by the City of Arroyo Grande Community Development Department pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164. The proposed amendment would not result in any changes to the conclusions reached in the certified EIR, nor would there be a substantial increase in the severity of previously identified potentially significant effects. Also, no new information of substantial importance is known to exist that Page 1 -- Borrv Gardana S.acillc Plan ErR Addandum was not known or could not have been known at the time of the previous EIR. 2.0 Proposed Project Analysis Certified EIR Assumptions The Berry Gardens Final Environmental Impact Report analyzed project- specific and cumulative project impacts based on an assumed build-out of the entire Berry Gardens Specific Plan area as follows: . Subarea 1 - 180 single-family homes and a neighborhood park e:m 37.5 acres . Subarea 2 - 23-25 single family homes on 5.0 acres . Subarea 3 - 9 single-family homes on 1.6 acres af)q,:.~e"(t,~~1'eIa1 on 3.0 acres . Suba.rea 4 - Retail commercial on 3.0 acre$: ,>> As previously stated, Subarea 1 i?~t~~~s a c~:'!ned 180 sin~.~iamilY homes and neighborhood park, Suba~\~'/~as be~::.~~d for f~$even (47) single-family hom~~..~nd a p~~~j!fl:~~::\open:\t"l::I~a, 1.6~t!s of Subarea 3 has been~I\I~5~~.ed for:'W~i'\\(~) Sirtl,'I'''''''Y homesc~ the remainder of Sub...r!ila.~:~~,";'~Cres)~~' ~\\::I Suttl: 4 remain va~~, This represents an incr~lI\~ 6f:~~nty-t\!\!I!i:.si"ll~~mil~:\I\'I~.fnes over theJl!lmltimum buih;l"'Outassumedfor Sub.,rta 2. '-';":',"':>,"'.:::',::".,':" ><'::.-:'.' :>>'::::'<>'..::':'.','::>'.:'<.: .,':::: y,;;:- EI1I.~$;l.~tWr~~::~)~d EI"~_I: al~\.e Proposed Project The . prop~d p~j~~:~I.;sts .:~~,:jfl. a".jIment to the Berry Gardens Specific Pla.nth~\I\IPur~:\~.e cI~"lopmem of a portion of Subarea 3 (3.0 acres) and ",II of~~~are,c!~~:,:~p_),..g 6.0 acres. The proposed amendment, as shown in ,the'~!:!ster:~:~~P't Plan, would allow retail commercial and office Vs,es on,pproxmately 4.0 acres and multi-family uses on a~proxi!l'l.tely 2;0. acres. This represents an increase of up to fifty-six (56) r(!$\d~ntial units and a decrease of up to 43,560 square-feet of retail cOI'l'J""ereial space compared to the assumptions made in the certified EIR. 3.0 Environmental Analysis Hydrology and Water Quality The certified EIR analyzed the anticipated water demand for the Berry Gardens Specific Plan area compared to the historic amount of groundwater withdrawn to irrigate the project area when it was used for agriculture. The certified EIR determined that there would be a net increase in groundwater demand of 1.92 acre-feet per year (AFY) once the area was developed. This calculation was based on a total of 238 single-family households, each using Pago 2 ------ --------- Berrv Gardana S.eclflc Plan EIR Addendum 435 gallons of water per day - no commercial use was factored into this calculation. This amounts to a total demand of 114.24 AFY. The City's Water System Master Plan (adopted in 1999) estimates future water demand for single-family homes to be 350 gallons per day, multi- family apartments to be 200 gallons per day and retail commercial to be 1 ,400 gallons per day per acre, Based on the City's estimated numbers, the Berry Gardens Specific Plan area (including the proposed amendment) would require the following amounts of water: Land Use Quantity Demand Acre-Feet/Year Single-Family 236 dwelling 350 gallons/day 9i1'..~0 units Multi-Family 56 dwelling units 200 gallons/day ... .. ~~,3o Retail Commercial 4.0 acres 1 ,400 gallon~~!! 6.18 Total ~'b9.63 ';':;'i:::',X':"" The certified EIR identified the his~~~m~mount;~Li~w)groUl)dwater 2~ for agriculture as 126.9 AFY. Assumi~t\\\\~\j\lw,ound1,.r:b~~lrge ratlJ'~ 25% through irrigation, the ')e,~~mount,I'\j~r us~j\W.~\'\!!lntified .",',t5.17 AFY. The certifi~~\~jil\l:'\W4J~.~. assu.\','Ij.t 60,\\.~~,!!!!~~f''Nater is\~Bd for landscape irrigati~~\!!\,r~.~J~~s ofi\i\"d~)\\.. l~i\j!!~S same assu~~n is applied to the n~~~.~ (ar1W'~'ed~.\).rec".~ rate of 15'3t!,O.25 x 0.6Q),tb~~ntir'!!,'~lry <.I~lIns ~'.ifi~:\I~ at,;:,:~jncluding the proposed a~~~II\t~~ijs e~II\t~~~!!..ifequit\!!II\\~!\\. (~'ilrpf 109.63 AFY), which .._p..~~~\;ne~.\:)~.~~I^~iin w~f\\\\\I.lt:::jpfm\~\Wps AFY (95.17 AFY - 9'$..119 AFY)J::!as~m~)'IiJil!~ri~lt am~t\If\'df w.~~Wjused for agricultural irrigation. The certifie~ EI~i~.jd ~.~Wj~e~tl,~ any potentially significant impacts to hYdrology~d ~~~~~j qU~,~.2BI!I'sed on the City's estimated water demand nl.lmbers., .\\,1\118 p~~$ed amendment would have less of an impact than identified,inthe ~!iI!1tlfied EIR; therefore, no mitigation measures are required. D..~in..e 8E1C8use the proposed project area is now vacant, any development would increase the amount of surface stormwater runoff. The certified EIR only analyzed the drainage impacts of residential areas in Subarea 1, Subarea 2 and a portion of Subarea 3, which drain into a ponding basin at the corner of Cranberry and Raspberry Avenues. This basin does include capacity to accept surface storm water runoff from the nine (9) recently approved single- family homes on a portion of Subarea 3. It does not, however, include the capacity necessary for the stormwater runoff from the remainder of Subarea 3 nor any of Subarea 4. Page 3 ---- -----...- Berry Gardens SDeclflc Plan EIR Addendum environmental impacts were identified for the other two conditions analyzed by the certified EIR. The certified EIR anticipated that 2,856 total vehicle trips would be generated daily by development of Subareas 3 and 4, with seventy-two (72) peak-hour trips in the AM and 261 peak-hour trips in the PM, based on the assumption that the entire 6.0 acres would be developed as retail commercial. Using the San Diego Association of Governments (SANDAG) traffic generation rates, the proposed amendment is anticipated to generate a total of 2,268 daily vehicle trips, with eighty-five (85) peak-hour trips in the AM and 204 peak-hour trips in the PM. This represents a net decrease of 588 daily vehicle trips, a net increase of thirteen (13) AM peak-h?l,Ir\v.$ and a net decrease of fifty-seven (57) PM peak-hour trips. Ad~j~~;~iI proposed amendment includes a bus stop on East Grand~){,e.;"';wfll encourage the use of public transportation'..9~;.~~"'\\~osed amendment is anticipated to have less of an i~~~I';;\;~~\H:1ir_'c ~. was anticipated in the certified EIR; therefore, no addit;t_\\~ltigation is~ired. 4.0 Conclusion ,':.:'.: Based on the ab9~~;~~~~ion, t~\:m~~,iliencemj~~f~e'" the as~tions made in the cert~~WI~I'~W~I')~ the~~o,.'ame~nt are not sllcant, nor wOl,lld.. theY;~~ftantll~\ red,!~\wor;\ill~wi.il;\\f1ange the c~sions rellcnilQYin.:1ibe cl!!~.~~d E!~\';No a~Iit>I]i!li;.gat~;I1I,\\1!'11easures beyond those idtlntif,jllfpin thll\\.lIr;tin.i..i\EIR ~'(i~;~~_; t~~!\lpre, a subsequent or .......1. ...t81 EIR';;;H~;;;; 'dQj!~i;H\I"I" .';th' EIR dd nd m . SIil~P emel'1\.....,~\\\1;....\.i\\1;!i'pnsl ...H;...;;.\\..",.;;;;..;;..\\,..; . .. IS a e u IS app.ropriatlil'for t"'lI\i'I'~It~.~It\spegJl~.\\!ir'an rt.lilment, .."d.,"'....:.. .:.:". ...._ : >... ! Plge 5 8<!n Gardena SDacl1lc I'IIn EIR Addendurn APpendix A E liRAbID AVE '.1---' 1':_=---:-1'-r--/'''r--1 , r- ,- ". I " . !.. ..q- ! I l Ij ..' ..JL i co! U ,\i;, , ! Q) , j j i 4 '.... I~ I '.. -----I Et '. ...........'....,... ,-, _ ('t) I .cCO ~'~i I ~ ,_.lJ i I I ,I' \ -. ~ ' ~r-. ,.--1. .~-j., j Q)'.. ,,, L,._,.-,,_-,__ fi I : '.' Ii: . V~ \ ., .,. .... I ... ..' _..,c._~, , I. '. L. I.~.___' I . CO .e mil . I i"- ~'POPLAAS;- I .c'TT"/). -....... .. I '-I. -.T'" I ~ ,I i I I'i 11__ \ i en .....:_,.L", CIIIL_J___ If -Yl ' ~ S11\AAVII'e'RR'f' AY';. ~ ----,....1- -~-,_._._".,---4 '...'.-r'] r1. '-T'~Tl. . '''.'. '.'.8 ,.----....,,-1 I ' , . HI, .,~ ,..--- , . '1 I I' ' i__I..."........: f i ({ i, !) .e.__.', ! ! ,I' .tl'-'-~; ~"- _ -"-~''''.r-' . :.'"'''' I- ""''''"T'''-'''''--\ _ t_--LrtL.J t. i .' It,till ~ ~i...--J I .I.AQQI'- AVE iii .,.". ., , r-}-::;J [TTfrr\ QJ]TT\ ! riffi f-r"T-j F-=~i--=!'I-+-\ \~" ..._, , r--j ~ ,+-,-\ t~~_r=4 ~ ...~"'-~.e.'" ....1/ ,~>,i i! ,- _iL..1 0 ~o1~~L~J i' t..-.,..J.."-Io'---'-'-m" -41i"- r~.'.'~-~...-r.]-! r ~.. .'.'.....'........\..' :~~::::::::1':::=::~j ; f \, ) " ' j ,......."m \ \ \ III \-- ,.,"JII"\ -j a.. '=r' 1. i ,"-'[..... ... il . gl ' , I] " !~. ,'" ~. 1 j \ \ ;' \.. _ - f .."_.,.,.. i, ,._~'--'Qtr:--'--" E+:=:1 ;0~;:N~ET_~~~:~V// '-.LI....~..y~Ie,.j .r--i--- \ - ;: - I t:~i : i illi' i. /rTttH. . \f._."'.! I------I,,_c_~- ,,-w r-~_"'."._..-r----l f.~ -'r. .L"~ ! \ l Iii I I Ui I I \ ) r---;--\ , " ' 'J ,..,,, . -..,.,..... ,...L--LB-- '- " \. 'u,,__"-_ ...,........,. " AASpaeRR't"~ ,':::::::::~ r''-: --""-''''i'''W''''' (""-'" "~l..m- \ \"'" ,."."._~...c.._~L".....",,-.\ ! i .\ 1111-1 \.J I iT --'-............-.\.."!..-!. l_-__._,..__ - r \... ..... \---,,-- . .. . . '.... . \ subarea 2 . \ ~1( 1\ \, ,"'''"'~ , \, . iUln}1\ ~-:AEJL:\-_ .... .... :.==:-.:;..~:-'===::::=:- page 6 - ATTACHMENT 3 \ March 1, 2005 RECEIVED MAR 0 8 Z005 City of Arroyo Grande CllY OF ARROYO GRANDE Planning Commission COMMUNI1Y DEVELOPMENT 2154 E. Branch Street Arroyo Grande, CA 93420 Subject: S & S Homes..Touchstone Plaza Development 01 East Grand Avenue Sub Area 4 of Berry Gardens Specific Plan .' MatsumotoTrust Property-Sub Area 3 of Berry Gardens Specific Plan After several meetings to try to come to agreement regarding easements and utilities, I, Ruth Matsumoto Dea (Trustee and Beneficiary of the Matsumoto Trust), would like to clearly state my position regarding this matter. I am not a developer nor do I aspire to be one. However, as the owner of Sub Area 3, I realize the need to develop this area ofthe City of Arroyo Grande. In pursuit of this goal, I have pllilced this property for sale to any developer wishing . to do so. We will be striving to do this as expeditiously as possible so we will not be holding up the development of this gateway to the City of Arroyo Grande. I am, however, opposed to paying out approximately half a million dollars prior to the sale of my property. A developer/purchaser can bettefassess the appropriate development issues and financial circumstances associated with the ensuing development. Therefore, I refrain from entering into agreements . regarding these issues prior to the sale of Sub Area 3. Sincerely, R~ ~tWV\~~ Ruth Matsumoto Dea Owner/Sub Area 3 . . .' cc:Community Development Department, Rob Strong 9.c. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will conduct Public Hearin9s on TUESDAY, APRIL 26,2005 at 7:00 p.m. in the Arroyo Grande Council Chambers, 215 E. Branch Street, to consider the following items: .. 1. Development Code Amendment 05-007: Amend Chapter 16.36 of Title 16 (Commercial Districts) and Add Chapter 10.18 to Title 10 (Vehicles and Traffic) of the Arroyo Grande Municipal Code. The City Council will consider a proposed ordinance amending the Municipal Code to include permitting requirements applicable to Auto, vehicle parts sales without installation services in Commercial and Mixed Use Districts and to prohibit auto-related maintenance and repair activity in commercial and public parking lots. Location: Citywide: all Commercial and Mixed Use Districts. Environmental Determination: Exempt pursuant to Section 15061. of the Guidelines of the California Environmental Quality Act (CEQA). 2. Specific Plan Amendment 03..Q01: Applicant - S & S Homes; Location - Southwest corner of Courtland Street and East Grand Avenue. The City Council will consider an amendment to the Berry Gardens Specific Plan, Subareas 3 & 4, creating mixed-use development standards for approximately six (6) acres of vacant land. Environmental Determination: In compliance with the California Environmental Quality Act (CEQA), the Community Development Department has prepared an addendum to the Berry Gardens Environmental Impact Report (EIR) for the project. If the City Council does not feel that this determination is appropriate, project approval will not be considered. 3. Consideration of Amendments to Conditions of Approval for Vesting Tentative Tract Map (VTTM) 02..Q02 (2310): Applicant - S & S Homes; Location - 10.3-acre site located on the north side of Farroll Avenue between Oak Park Blvd and Golden West Place. The City Council will consider amendments to conditions of approval for VTTM 02-002 to subdivide the subject property into sixty-five (65) residential lots ranging in size from 3,058 to 7.672 square feet. Information relating to these proposals is available at the Community Development Department, located at 214 E. Branch Street, Arroyo Grande, California, or by telephone at (805) 473-5420 during normal business hours (8:00 a.m. to 5:00 p.m.) Any person affected or concerned by these proposals may submit written comments to the Community Development Department before the City Council hearings, or appear and be heard in support of or opposition to the proposals at the time of hearings. . 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 acti~~f he legislative body for which the notice was given. VU--- Kelly Publish H, The Tribune, Friday, April 15,.2005 --------..-- MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG COMMUNITY DEVELOPMENT DIRECTOR BY: TERESA MCCLISH$ ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE CHAPTER 16.36 OF TITLE 16 TO INCLUDE PERMITTING REQUIREMENTS APPLICABLE TO AUTO, VEHICLE PARTS SALES WITHOUT INSTALLATION SERVICES IN COMMERCIAL AND MIXED USE DISTRICTS AND ADDING CHAPTER 10.18 TO TITLE 10 TO PROHIBIT AUTO.RELATED MAINTENANCE AND REPAIR ACTIVITY IN COMMERCIAL AND PUBLIC PARKING LOTS (DEVELOPMENT CODE AMENDMENT 05.(07) DATE: APRIL 26, 2005 RECOMMENDATION: The Planning Commission recommends the Council introduce an ordinance approving Development Code Amendment 05-007 to amend Chapter 16.36 and add Chapter 10.18 to the Arroyo Grande Municipal Code. FUNDING: There are no direct costs to the City related to the proposed amendment. DISCUSSION: Backaround On February 22, 2005 the City Council initiated a Development Code Amendment to conditionally allow AutoNehicle parts sales without installation services in the vicinity of E. Grand Avenue (Attachment 1). The Council upheld an interpretation by the Planning Commission on February 8, 2005 that the Development Code does not currently allow AutoNehicle parts sales without installation services in the Gateway Mixed Use district. However, the Council directed staff to retum with an ordinance that would allow this use in interior or deep-lot locations that do not front on East Grand Avenue. The 2004 Development Code amendments require minor use permits for auto parts sales with installation services in Industrial, Traffic Way and Highway Mixed-Use zoning .1 - , - ----- "-----...--- - --" -- ____I CITY COUNCIL DCA 05.Q07 APRIL 26, 2005 PAGE 2 districts and specifically exclude this use in the Village Core Downtown and Village, Office, Gateway and Fair Oaks Mixed-Use zoning districts. A conditional use permit is required for this use in the Regional Commercial zoning district. ProDosal To clarifY where AutoNehicle parts sales without installation services may be located, the Planning Commission proposes amending Table 16.36.030(A) as follows: D. RETAil TRADE land Use IMU TMU VCD VMU GMU FOMU HMU OMU RC Specific Use D- D- (D2.20) Standards 2.11 2.11 HCO D-2.4 Auto, MUP MUP NP NP NP NP MUP NP CUP Vehicle parts sales with installation services Auto. MUP MUP NP NP ~ CUPI MUP NP CUP PEDe use not Vehicle PED PED allowed within Darts sales 200 feet of E. wlo Grand Avenue Installation frontaae services Table notes: IIMU - Industrial Mixed Use District (EI Camino) IFOMU - Fair Oaks Mixed Use District ------.-,.---....-..-.----,------.------, ITMU = Traffic Way Mixed Use District IHMU= Highway Mixed Use District ~-~ IVCD = Village Core Downtown District IOMU=OfficeMixed Use District ---~--"~-"-"._--".".,.._._----- IVMU = Village Mixed Use District IRC = Reglonaleommercial District IGMU = Gateway Mixed Use District HCO = Historic Character Overtay District (Design Overtay District 2.4) ~~---~--~~~~--------~~--~----~---- . --- IMUP = Minor Use PermR ..--.-----......,.........,............ P = Permitted Use r-----------~-----------------~----~--------~-~~~-~------ CUP = Conditional Use Permit (NOTE: Planned UnR . PED = Not permitted in pedestrian oriented storefront Development (PUD) may be required for mixed use . locations on ground floor facing E. Grand Avenue subdivisions) r.-----.-.-------------..--..--.-.--..-.--.--.-.--...-..-------------------------- r-.-.-.-.--- --..----------.--.------.---..---.. - - .--. - NP = Not Permitted -- -------.,.-."-.-,-,.---...------.----.---------. The proposed ordinance includes permit requirements for a new land use category "AutoNehicle parts sales without installation" for all commercial and mixed use districts. The requirements proposed are generally the same as those required for the land use category of AutoNehicle parts sales with installation except in the GMU and FOMU districts. Since the GMU and FOMU districts are intended as eventual pedestrian centers, additional restrictions are proposed for these districts. Retail stores that primarily sell AutoNehicle parts without any installation services may be located in the GMU or FOMU district subject to a conditional use permit, with a required public hearing S:ICOMMUNITY _DEVELOPMENnPROJECTSIDCAI05-007 auto parts retaillCC rpt042605.doc _'_m_ CITY COUNCIL DCA 05-007 APRIL 26, 2005 PAGE 3 before the Planning Commission. Additionally, whereas the "PED" designation precludes location within a storefront on ground floors facing E. Grand Avenue, an additional requirement would pertain to AutoNehicle parts sales without installation services, which would specifically prohibit location within 200 feet of E. Grand Avenue. The concurrent amendment to Title 10 of the Municipal Code contained in the proposed ordinance, includes provisions to prohibit automobile repair and maintenance activities in commercial and public parking lots to address concems related to the autolvehicle parts sales use. At the February 22, 2005 City Council hearing, both the benefits and disadvantages of allowing an auto parts retail store on E. Grand Avenue were considered. Possible benefits include tax revenue potential and the fact that this specific retail use, if conditioned appropriately, is compatible with other general retail uses. Additionally, many auto parts stores are large retailers who may contribute to improvements beneficial to the character and quality of developments along E. Grand Avenue. The potential disadvantages of allowing auto parts sales without installation services in the GMU or FOMU districts include disruption of the trend toward converting these districts into pedestrian oriented centers. Through the General Plan and Development Code update process, the emphasis has been to change the strip commercial character of E. Grand Avenue and encourage pedestrian friendly uses. Since, in general, it is unlikely people walk to purchase auto parts, allowing AutoNehicle parts sales could dilute the preference for pedestrian-oriented businesses and conflict with City policies. Additional problems include, as mentioned above, the potential for customers to conduct activities relating to repairing vehicles or replacement of auto parts in parking lots (motor oil, anti-freeze, wiper blades, etc.) and the concomitant impacts such as hazardous substance pollution and litter. This proposed ordinance is intended to balance both the intent of Development Code Chapter 16.36 concerning mixed use districts, as well as policies outlined in the General Plan, including the Land Use Element (LU5) and the Economic Development Element (ED4). By prohibiting AutoNehicle parts without installation within 200 feet of E. Grand Avenue, it forces potential location to interior properties or the interior of commercial centers, where people may drive and park, or walk, to shop or seek services from several locations in a given trip. The proposal would not allow AutoNehicle parts stores without installation to locate among store fronts in the GMU or FOMU districts that are better served by retail or restaurant uses that contribute to the pedestrian experience. Further, the portion of the proposed ordinance amending Title 10 of the Municipal Code prohibiting automobile repair and maintenance in public and commercial parking lots will prevent such activities commonly associated with these uses. The proposed ordinance would allow processing of applications for AutoNehicle parts sales without installation in the GMU and FOMU districts, and ensure that the above referenced restrictions are included. Such uses may be permitted based on required findings and subject to conditions which may address design factors and improvements S:\COMMUNITY _DEVELOPMENTlPROJECTS\DCA\O~07 auto parts retal~CC rplO42605.doc .~- --..--- ------ CITY COUNCIL DCA 05-G07 APRIL 26, 2005 PAGE 4 so that this specific type of retail use becomes compatible with and indistinguishable in function from other general retail stores. Planning Commission The Planning Commission reviewed the proposed ordinance on April 5, 2005 (see Attachment 2 for Draft Meeting Minutes). Public comment inCluded concems regarding potential inconsistencies that may emerge by allowing auto retail parts sales without installation services in the GMU and FOMU districts. Based on public comment and discussion by Commissioners, the proposal was modified to require a conditional use permit instead of a minor use permit in the GMU and FOMU districts, requiring stricter findings and an automatic public hearing. This modification is reflected in the proposed ordinance. PUBLIC COMMENTS: On Friday March 4, 2005 and April 15, 2005, the proposal was noticed with display ads in The Tribune. ENVIRONMENTAL DETERMINATION: Staff has reviewed the proposed ordinance amending Title 16 of the Municipal Code in compliance with the Califomia Environmental Quality Act (CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and Procedures for Implementation of CEQA. Based on the review, staff has found that it can be seen with certainty that there is no possibility that the proposed requirements will have an effect on the environment and therefore this project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061 (b )(3). ALTERNATIVES: The following alternatives are presented for Council consideration: .:. Approve the Planning Commission's recommendation and introduce the ordinance; .:. Modify the Planning Commission's recommendation; .:. Do not introduce the proposed ordinance; .:. Provide other direction to staff. Attachments: 1. City Council Minutes from February 22, 2005 2. Planning Commission Draft Meeting Minutes of April 5, 2005 S:ICOMMUNITY _DEVELOPMENnPROJECTSlDCAI05-007 auto parts retaillCC rpt042605.doc -~--_.--..- -_._-~------- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE CHAPTERS 16.36 OF TITLE 16 TO INCLUDE PERMITTING REQUIREMENTS APPLICABLE TO AUTO, VEHICLE PARTS SALES WITHOUT INSTALLATION SERVICES IN COMMERCIAL AND MIXED USE DISTRICTS AND ADDING CHAPTER 10.18 TO TITLE 10 TO PROHIBIT AUTO-RELATED MAINTENANCE AND REPAIR ACTIVITY IN COMMERCIAL AND PUBLIC PARKING LOTS (DEVELOPMENT CODE AMENDMENT 05-007) WHEREAS, the City Council adopted the updated General Plan which became effective October 9, 2001 and requires a comprehensive review and necessary revisions to the Development Code and Zoning Map for consistency in accordance with Govemment 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, the Planning Commission of the City of Arroyo Grande considered Development Code Amendment 05-007 at a duly noticed public hearing on April 5, 2005 in accordance with the Development Code of the City of Arroyo Grande and recommended approval to the City Council; and WHEREAS, the City Council has 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; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: A. The proposed amendments to Title 16 of the Municipal Code are consistent with the goals, objectives, policies and programs of the General Plan, including the Economic and Land Use elements, and are necessary and desirable to implement the provisions of the General Plan. B. The proposed amendments to Title 16 of the Municipal Code would include permit requirements for all mixed use and commercial districts and apply specific use standards to allow AutoNehicle parts sales without installation in the GMU and FOMU Districts with the following restrictions: .:. the use is subject to a Conditional Use Permit; .:. the use is not allowed within pedestrian storefront locations, 200 feet of E. Grand Avenue frontage. C. The addition to Chapter 10.18 to restrict auto repair and maintenance activities in commercial and public parking lots in conjunction with the proposed amendments to Chapter 16.36 specifYing permit requirements for AutoNehicle parts sales without ___n__ ----------- ORDINANCE NO. PAGE 2 installation services will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. D. The proposed amendments to Title 16 of the Municipal Code are consistent with the purpose and intent of Title 16, specifically, Sections 16.36.010, 16.36.020(E) and 16.36.020(F) pertaining to the GMU and FOMU districts. E. The City has conducted environmental review for adoption of an ordinance to add Chapter 10.18 and amend Chapter 16.36 of the Municipal Code, and has found that it can be seen with certainty that there is no possibility that the proposed amendments will have an effect on the environment and therefore this project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061 (b )(3). NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as follows: SECTION 1: The above recitals and findings are true and correct. SECTION 2: Arroyo Grande Municipal Code Table 16.36.030(A), subsection D. Retail Trade, is hereby amended to include the following land use category: Table 16.36.030CA) D. RETAIL TRADE Land Use IMU TMU VCD VMU GMU FOMU HMU OMU RC Specific Use (D2.2O) Standards Auto. MUP MUP NP NP ~ CUPI MYf tre CUP PEDe use not Vehicle PED PED allowed within Darts sales 200 feet of E. without Grand Avenue installation frontaae serviMs SECTION 3: Arroyo Grande Municipal Code Section 10.18.010 is hereby added to Title 10 as follows: 10.18.010 "No person shall conduct maintenance and/or repairs to any motorized vehicle while in a commercial or public parking lot, except for those parking areas which are part of an approved vehicular service station andfor an automotive repair facility. For puposes of this section, maintenance shall mean the changing of any fluids andfor lubricants of a motorized vehicle. Repairs shall mean work done to the engine and associated components, transmission, drive train, brakes, and auto body work." I SECTION 4: If any section, subsection, subdMsion, paragraph, sentence, or clause of this I Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City I i Council hereby declares that it would have passed each section, subsection, subdivision, I i paragraph, sentence, or clause thereof, irrespective of the fact that anyone or more section, i , i subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. i , i --~-- --~ ORDINANCE NO. PAGE 3 SECTION 4: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 5: This Ordinance shall take effect thirty (30) days after its adoption. On motion by Council Member , seconded by Council Member . and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of I -------- ----_.~.- ORDINANCE NO. PAGE 4 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY --- ----- ATTACHMENT 1 CITY COUNCIUREDEVELOPMENT AGENCY MINUTES FEBRUARY 22, 2005 PAGE 3 9. PUBLIC HEARINGS g.a. Consideration of Appeal of Planning Commission Interpretation that Auto Parts Sales Without Installation Services is not an Allowed Use in the Gateway Mlxed- Use (GMU) Zoning District. Assistant Planner Foster presented the staff report and recommended the Council adopt a Resolution denying the appeal and upholding the Planning Commission's interpretation that auto parts sales without installation services is not an allowed use in the Gateway Mixed-Use (GMU) zoning district. Mayor Ferrara opened the. public hearing. Johan Scharin, appellant, commented that since purchasing the property approximately two years ago, hE;! has been able to fill most of the vacant spaces; however, it has been difficult to fill the remaining spaces. He stated the building in question has been vacant for five years and there have been extensive marketing efforts to find a tenant. He commented that as a site for an auto parts retailer, this site sits about 200-300 feet back from Grand Avenue and is an in-line shopping center space, therefore he felt the use was appropriate. He referred to previous discussions and concerns expressed about customers changing oil in the parking lot and commented that other retailers in the center sell motor oil and felt that should not be a factor to deny the use. He also commented on the time and money spent to look for an appropriate way to fill in the retention basin without success; however, they are still willing to work with staff on this issue to improve the site. He stated that due to the problems with the location and layout of the center, it was difficult to attract tenants, and tax revenues arid rent was being lost. He commented that constructing another building in the location of the retention basin with the existing building still vacant would become a burden. He requested the Council consider an auto parts sales retailer without installation as an acceptable use. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Mayor Ferrara ~eferred back to an earlier application through which AutoZone wanted to locate across the street. He recalled that when the Council denied that request, there was a focus on the issue of service uses adjacent to a retail outlet. He stated that he thought the language regarding allowable uses along the Gateway segment of Grand Avenue had been updated, and that auto parts stores would not be allowed in the Gateway section of the City. He said that in looking at other auto parts stores, working on vehicles after purchasing parts is common behavior and if it was"prohibited, it would be difficult to regulate. He commented that within a linear mile, there is a line of auto parts stores along Grand Avenue and adding another store in the middle would not generate additional sales tax, but would divert sales from other stores. He emphasized the intent for the Gateway segment was to create an environment that welcomes pedestrian traffic. He acknowledged the appellant's difficulty in attracting tenants; however, he referred to a recent demographic and marketing study undertaken by the City and said he would endorse an aggressive campaign to use the study results to assist in attracting more desirable tenants to this Center. He supported the Planning Commission's interpretation that auto parts sales without installation services is not an allowed use in the Gateway Mixed-Use (GMU) Zoning District. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES FEBRUARY 22, 2005 PAGE 4 Council Member Arnold acknowledged the appellant's difficulties in securing a tenant for this vacancy; however, he had looked at the center and the specific location and the City's desire to upgrade this area. He said that allowing an auto parts store into this Center would not achieve . that goal and supported the Planning Commission's interpretation and decision. Council Member Dickens asked for a status update on the Buxton Company retail study which was referred to earlier and when the Council would receive the results of the study. City Manager Adams responded that the study had been completed, a draft list had been prepared, and staff had engaged in ongoing discussions with the appellant to provide retail contacts from that list. He stated that staff had received a final list and The Buxton Company is preparing final information packets to send out to retailers with letters. Additionally, staff was working independently with prospective retailers to direct them to this center. In response to concerns expressed by Council Member Dickens concerning economic impacts, City Manager Adams stated he would have. to analyze the City's Economic Development Strategy to determine potential economic impacts. Council Member Dickens stated that he had been opposed to approving an auto parts store when it was proposed across the street in a new development facing Grand Avenue. He acknowledged that this situation was different, with a vacancy within an existing shopping center set back from Grand Avenue, and that there may be an obligation to. move forward. He said he could not support the Planning Commission's interpretation and would uphold the appellant's appeal. Council Member Guthrie commented that when this issue was discussed at the Planning Commission level, the concerns expressed were related to the instaUation component. He stated he looked at auto parts sales as any other retail activity; however, he did not see this use as appropriate on the street frontage where the City was trying to develop a specific pedestrian oriented streetscape. He commented on mixed use zoning where pedestrian orientation is encouraged; however, it also encourages providing certain services adjacent to residential uses. He supported locating an auto parts store in this area of the. City as long as it wasn't located directly on the street frontage. , Mayor Pro Tem Costello clarified that the issue was whether auto parts sales without installation services is or is not an allowed use in the Gateway Mixed Use District. He stated that at the sp~cific location proposed, it was not in the direct line of sight, was not Intrusive; and may be a good location for the proposed use. However, he stated if this use was allowed at this location, it would allowed in other Gateway Mixed Use areas which was 'not desired. He supPorted the Planning Commission'~ interpretation that auto parts stores without installation is not an allowed use in the Gateway District; however, he would support making it an allowed use subject to a Conditional Use Permit. He also asked staff if there were any mechanisms that could be utilized to enforce the prohibition. of installation activities. City Manager Adams responded that the Council cOuld adopt an Ordinance prohibiting repair and maintenance of vehicles in commercial parking lots, which could then be enforced by the Police Department. In response to a question by Council Member Guthrie, staff clarified that there was also a .PED" zoning designation in the Development Code, which does not permit certain uses in pedestrian oriented storefront locations on ground floors facing E. Grand Avenue. Mayor Pro Tem Costello moved to 1) Adopt a Resolution Denying Appeal 05-002 and Upholding the Planning Commission's Interpretation that Auto Parts Sales Without Installation Services Is ------ CITY COUNCIUREDEVELOPMENT AGENCY MINUTES FEBRUARY 22, 2005 PAGE 5 not an Allowed Use in the Gateway Mixed-Use (GMU) Zoning District; 2) To direct staff to return to Council with a Development Code Amendment that allows auto parts sales without installation as an allowable use in the Gateway and Fair Oaks Mixed Use Districts subject to a Minor Use Permit (MUP/PED), but not within 200 feet of E. Grand Avenue; and 3) To direct staff to return to Council with an Ordinance prohibiting repair and maintenance of vehicles in commercial parking lots within the City. Council Member Guthrie asked for clarification that Mayor Pro Tem Costello meant Minor Use Permit instead of Conditional Use Permit. Mayor Pro Tam Costello said he did say Minor Use Permit, as that was the designation for other pedestrian oriented USeS. Council . . Member Guthrie seconded the motion, and following further discussion and clarifications, the motion passed on the following roll.call vote: AYES: Costello, Guthrie, Dickens, Arnold NOES: Ferrara ABSENT: None 9.b. Consideration of Establishing a Historic Resources Committee Designation Process for the City of Arroyo Grande. Community Development Director Strong presented the staff re and recommended the Council consider the recommendations of the Architectural Re . w Committee (ARC) and the Planning Commission regarding formation of a Historic sources Committee (HRC) and establishing a process for local historic designation of . Ible resources in the City of Arroyo Grande. Director Strong responded to questions fro Council conceming State versus local historic designations; clarification regarding the ppointment process for the HRC; and clarification concerning proposed tax relief incen' es. Mayor Ferrara opened the public hearing. I The following members of the public oke in support of the formation of a Historic Resources I Committee and the establishment a process for designating local historic resources: Chuck Fellows, Arroyo Gr e resident, ARC member for four years, current Planning Commissioner, and Chair of Preserve the Village. I Jan Scott, Arroyo Grand esident and Curator of the South County Historical Society. Gordon Bennett, Arro Grande resident. I Susan Flores, Arro Grande resident. , I further public comments, Mayor Ferrara closed the public hearing. I Council mments included support for creating a Historic Resources Committee (HRC) with I define roles and responsibilities; acknowledgement that there are many qualified people in the i co unity available to serve on the HRC; support for the development of criteria for designation I of ocal historic resources; support for creating financial incentives for historic restoration; a ggestion that the HRC be expanded and not limited to five (5) people; another suggestion that i he HRC should have structure as a core group with the ability to create an ad-hoc element; and I a suggestion for an amendment in the policy language as follows: .Owners of resources recommended or nominated by the HRC for inclusion on a local historic register sl:1e"IIEI must be i '- , notified". -- MINUTES DRAFT ATTACHMENT 2 PLANNING COMMISSION APRIL 5, 2005 PUBLIC HEARING ITEM III.B: DEVELOPMENT CODE AMENDMENT 05-007; APPLICANT - CITY OF ARROYO GRANDE; LOCATION - GATEWAY MIXED USE AND FAIR OAKS MIXED USE DISTRICTS. . This item started at 9:10 p.m. Associate Planner, Teresa McClish presented the staff report for a proposed Ordinance considering amendments to the Municipal Code to allow auto parts sales without installation services to be a conditionally allowed use, requiring a Minor Use Permit (MUP) in the Gateway Mixed Use and Fair Oaks Mixed Use districts, (and specified permit requirements for other Mixed Use and Commercial Districts). She noted that another amendment concurrent to this approval will change Title 10 of the Municipal Code to prevent auto repair activities (maintenance) in parking lots. One altemative to consider is to change the required MUP to a required Conditional Use Permit (CUP), which allows for public hearing and additional findings to be made. In response to questions from Commissioner Tait, Ms. McClish replied that the Police Chief supports the Title 10 amendment. There is no mention in the DCA presented tonight of prohibitions on changing wiper blades on a rainy day, so that shouldn't present a problem. Commissioner Keen felt that a required CUP would be preferable to the MUP process. Chair Brown opened the public hearing for comment. Steve Ross, 1112 Garden St., shared his personal experience of living next to the Kragen in Grover Beach. The parking lot there was also posted but not enforced, and many people did repairs anyways. There could be parking problems, and a CUP could address site-specific issues on a case by case basis. Chair Brown closed the public hearing. Commissioner Keen made a motion, seconded by Commissioner Fellows to recommend to the City Council approval of Development Code Amendment 05-007 with the condition that a CUP be required instead of a Minor Use Permit (MUP) and adopt: RESOLUTION NO. 05-1960 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL AMEND TITLE 16 OF THE MUNICIPAL CODE TO CONDITIONALLY ALLOW AUTO, VEHICLE PARTS SALES WITHOUT INSTALLATION IN THE GATEWAY MIXED USE AND FAIR OAKS MIXED USE DISTRICTS (DEVELOPMENT CODE AMENDMENT 05-(07) The motion was approved on the following roll call vote: --..-..---.------..--- -~---------- --------- ------.- MINUTES DRAFT PAGE 12 PLANNING COMMISSION APRIL 5, 2005 AYES: Commissioners Keen, Fellows, Brown, Parker and Tait NOES: None ABSENT: None the forgoing Resolution was adopted this 5th day of March 2005. PUBLIC HEARING ITEM III.C: DEVELOPMENT CODE AMEND 003; APPLICANT - CITY OF ARROYO GRANDE; LOCATION Staff recommended continuance of this item. Commissioner Brown made a motion, seconded by Com sioner Keen to continue this item to the meeting of May 17, 2005. Item approved on o voice vote. IV. NON-PUBLIC HEARING ITEMS: None. V. DISCUSSION ITEMS: 1. Planning Commissioner Training will b pril 9 at 8:30am at the SLO Library. VI. PLANNING COMMISSION ITEM D COMMENTS: None. VII. COMMUNITY DEVELOP T DIRECTOR COMMENTS AND FOLLOW-UP: None. VIII. TENTATIVE AGEND EMS FOR APRIL 19 2005 MEETING: It was noted that VTTMI 01-001 was continued to May 3,2005 by Castlerock. The meeting was adjoumed at 9:22 p.m. on a motion by Chair ommissioner Fellows, and unanimously carried. ATTEST: DOZA, TIM BROWN, CHAIR Y TO THE COMMISSION ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR ----.- 11.a. MEMORANDUM TO: CITY COUNCIL ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~S FROM: BY: TERESA MCCLISH, ASSOCIATE PLANNER~(..oo SUBJECT: CONSIDERATION OF ALTERNATIVES FOR THE REGULATION OF FORMULA BUSINESSES IN THE CITY OF ARROYO GRANDE DATE: APRIL 26, 2005 RECOMMENDATION: It is recommended the City Council consider altematives for the regulation of formula business and direct staff accordingly. FUNDING: No funding impact. DISCUSSION: On March 8111, in response to public comment at the City Council hearing of February 22, 2005, the Council directed staff to research alternatives on formula business restrictions in the Village commercial area. Staff recently attended a seminar on formula business regulation at the national conference of the American Planning Association. There are several cities that have recently drafted ordinances that range in regulatory approach from strict 'prohibitions to restrictions on the type, number or location of formula businesses. Formula businesses, more commonly known as "chain stores" operate in an extremely standardized manner where all outlets maintain the same merchandise, fa~de, decor and color schemes, employee apparel and signage and trademarks. Although, formula businesses can include commercial services, such as banks, most cities that have approved regulations for formula business have drafted their definitions toward formula retail uses. The attachments include some information and illustration of how other jurisdictions are addressing formula businesses. The concem regarding the potential proliferation of formula businesses is that it may detract from the character of an architecturally distinct district, hamper the maintenance of a district with distinct retail personalities. and cause start-up independent retail businesses to be priced out of the real estate market (due to an ability to absorb larger startup costs, pay more for lease space and commit to longer lease contracts). However there are CITY COUNCIL CONSIDERATION OF ALTERNATIVES TO REGULATE FORMULA BUSINESSES APRIL 26, 2005 PAGE 2 serious concems about conflicts with state and federal statutes on equal protection and fair economic commerce. There are several ways to achieve protection for the preservation of distinct districts, particularly districts with a historic character, without being discriminatory in the application of regulations on formula businesses. The first is to define the formula business to ensure that the use itself will not conflict in character with established neighborhood uses. Definitions can include businesses that require a feature such as a drive-through, or require a certain building size or frontage to operate. Definitions can also include the type and magnitude of standardization of services, merchandise, menus, architecture, signage, etc. A formula business can be defined by the total number of its stores or franchises. How a formula business is defined is an important determination of how they are regulated. Attachment 1 includes general information on how formula businesses are regulated in other communities in Califomia, and it's important to note that each jurisdiction defines formula businesses very differently. The definitions are generally intended to .carefully distinguish formula businesses so other businesses. are not inadvertently discouraged or made nonconforming. For example, a definition including "food service with paper products" may equate a formula fast food restaurant with an independently owned and operated deli. Secondly, prohibiting formula businesses only in areas of sensitive architecture and character may ensure the preservation of certain districts and allow such businesses in other areas of the City. Thirdly, procedural requirements can ensure a heightened review for formula businesses. A conditional use permit can be required for processing formula business applications to ensure appropriate noticing, public hearing and opportunity for public comment. A fourth regulatory approach is to include specific use standards, or performance criteria, to ensure that a formula business fits within a neighborhood district. Such standards may include size restrictions and dimensional requirements. A fifth regulatory tool is the requirement of findings specific to formula businesses on which the decision making body can base its decision. For example, findings may be based on an appropriate mix of businesses and/or preservation of the atmosphere of a district. Lastly, regulations can limit the number or concentration of formula businesses in a City or district. In an effort to ensure that the City continues to have, and may improve upon, both a diverse retail base and unique neighborhood-oriented mixed use districts, the Council may wish to consider the following altematives addressing the potential proliferation of formula S:ICOMMUNITY _DEVELOPMENTlPROJECTSISTAFFl042605 Form bus.doc ------- -- ------ ----_.....~- CITY COUNCIL CONSIDERATION OF ALTERNATIVES TO REGULATE FORMULA BUSINESSES APRIL 26, 2005 PAGE 3 businesses in the City of Arroyo Grande. ALTERNATIVES: The following altematives are provided for Council consideration: 1. Direct staff to prepare an ordinance amending Title 16 (the Development Code) defining and regulating formula businesses by: a) prohibiting formula businesses in the Village Core Downtown (VCD) and Village Mixed Use (VMU) districts; b) restricting formula businesses in the VCD and VMU districts by requiring conditional use permits, special findings and application of specific use standards; c) limiting the number of formula businesses in the VCD and VMU districts; or d) restricting and limiting the number of formula businesses in the VCD and VMU districts (sections "b" and "c" above). 2. Modity Altemative 1 and direct staff in the preparation of an ordinance amending the Development Code defining and regulating formula businesses. 3. Require no further action. Attachments: 1. Information from the Califomia Downtown Association regarding how other jurisdictions regulate formula businesses 2. Photos excerpted from a presentation given at the American Planning Association national conference depicting formula businesses designed to fit in a historic district 3. An example ordinance from San Juan Bautista, CA . I S:\COMMUNITY _DEVELOPMENTlPROJECTSISTAFFl042605 Form bus.doc .,...--.. ATTACHMENT 1 Communities Act to Retain Local Flavor Defining Your District: Formula Business Restrictipn~ By Stacy Mitchell , .~ As downtown managers and business recruitment specialist~ Current Formula Business Ordinances in .struggle to attract and retain an ideal mix of stores, restaurants and California entertainment venues, there is an inherent conflict in an effort to Arcata main/ain'Q sense afplace - per~aps historic. perhaps modern-but in any case unique-while attracting "fonnu/a" businesses that are In June 2002, the city cif Arcata, California,enacted widely popular and sure to attract much desired foot traffic. \ the following ordinance, which limits the number of fannula The following article, reprinted with permission from The restaurants in the city to no more.than nine at anyone time. Hometown Advantage. (WWK'.newrules.org/retail) cites several (The community currently has nine fonnula restaurants. If . examples of California communities that are successfully protecting one closes, the ordinance allows another fonnula rest~urant their bUsiness districts from becoming ju.stanother cookie-cutter strip to takdts place.) A fonnula restaurant is defined as one that of chains restaurants and national retail franchises. shares the same design, menu, trademark, and other. characteristics with twelve or more.other establishments. Formula Business Restrictions Fonnula businesses include retail stores, restaurants. Calistoga hotels and other establishments that are n,quired by contract to ]n 1996, the town of Calistoga, California enacted an adopt standardized services, method~ of operation, decor, ordinanc.e that prohibits fonnula restaurants and visitor unifonns, architecture or other features virtually identical to accommodatiogs, and requires that other fonnula businesses busine.sses located in other communities. undergo review and apply for a special use permit from the Several communities have banned certain types of Planning Commission. The city council concluded that fonnula businesses. These laws do not prevent a chain store . regulating fonnula businesses was necessary to preserve the from coming in, but they do req\lire that the incoming chain unique character of Calistoga 's downtown commercial not look or operate like any other branch in the country. This district, including "regulating the aspect of businesses. . . has proved a significant deterrent to chains, which generally that is reflective of the history apd people of the refuse to veer from their standardized, cookie-cutter approach. community." Several cities have prohibited fonnula rest~urants, but not other types of fonnula businesses (In California: Cannel, CarmeFby-the-Sea Pacific Grove, Solvang). Others (Calis toga, Coronado, and This small city in the mid-I 980s became the first town San Francisco) have placed restrictions on fonnula retail stores in the country to enact a formula restaurant ban, which as well. prohibits fast food, drive-in and fonnula food Rather than banning fonnula businesses entirely, some. establishments. ]n C8lJfIe! a business is considered a fonnula . communities have capped their number. Arcata, for example, . .restaurant if it is "required b):: contractual or other allows no more than nine fonnularestaurants in the city at any arrangements to offer standardized menus, ingredients, food one time. preparation, employee unifonns, interior deCor, signage or Most of these ordinance apply citywide, but they may exterior design," or "adopts a name, ap~a.raD.ce or food also be written to cover only a specific area within the presentation fonnat which causes it to be substantially cottununity, such as a historic downtown district. identical to another restaurant regardless of ownership or San Francisco. the only large city with a fonnula location." business ordnance, has chosen to take a neighborhood-by- neighborhood approach. Under the law, whenever a fonnula Coronado retail business applies to open, residents in the surrounding This city. of 20,000 in southern California has two neighborhood are notifi~d. They have the option of re~uesting zoning ordinances that lintit fonnula businesses. A fonnula a public heanng and subjecting the applicant to additional business is one that is required by contractual or other scrutiny. The ordinance allows for varying !legrees of arrangement to maintain a standardized array of services or regulation in each neighborhood. Some have banned fonnula merchandise, and standardized architecture, unifonns, logos, businesses entirely. Others neighborhoods may petition the city decor, etc. Coronado has a fonnula.restaurant ordinance and to allow fonnula businesses without notification. a fonnula retail ordinimce. These ordinances have been upheld in court. See the June 2003 California Appeals Court decision upholding Pacific Grove Coronado's fonnula business ordinance. City Code forbids any permits for food establishments CDA edt/cares ollr members on trends, issues and topics affecting that have the following characteristics: specializes in short Pllsiness districts. By publicizing a particular resource or organization, the order or quick service food service, fOod is served primarily board is not endorsing.speciftc practices or political positions, unless in paper, plastic or other disposable containers, customers otherwise stated. may easily remove food or beverage products from the food I service establishment fOl'consumption, and it is a formula Why Support Locally Owned food service establishment required by contractual or other arrangements to operate with standardized menus, ingredients, Businesses? food preparation, architecture, decor, uniforms, or similar Local Character and Prosperity standardized features. In an increasingly homogenized world, communities that preserve their San Francisco one-of-a-kind businesses and distinctive ch8!RCter have an economic advantage. San Francisco's Formula Business CommUDity WeD-Being Ordinance adds formUla businesses to H.,l)'lTbe Institute for ~~~~~;~ .. Locally owned businesses build . the list of uses that require strong communities by . neighborhood notification under city i:d:(~~~R~org),propose5 a~~~~.~W'_i::"'~;'C' sustaining vibrant town centeIOS. law. Residents will be notified .... cOmmJ,1Il!ty by supporting hUlIUUIIysealedpq/i. linking neighbors in a web of whenever a formula retail business "" 'economtcs. The ru1~ call for. :,':' ','.:J]!_;, . economic -and soci!ll ,J., -,':-"~'::':;-: ' ,- -,:\-:,<<.' ,";;~\~' relationships, and contributing applies to open in their neighborhood. " __ '.,,~>,Decisions made by those,."",:" . ,:"<"""-;,./,;,,~.,,,..:,, .,". '. "-,,;':":~J',,,~,/ to local causes. . They will then have the option of .,-wb6'~Jeel the iinpact of those :.:' ,:: ':;i Local DecIsion-MakIng requesting a public hearing and ' decis{o~: .'_ ",.>.,; ",.;; Local ownership ensures that. subjecting the applicant to a list of " ._:;:::_',~_', C~mmuni~es tlCCep~~~,:(.\~; important decisions are made fes~bilit)' for the welfare of. ';::~:;';,.7~;' criteria. in addition, formula retailers '""'--""'. .'-",,"<""<;ro; locally by people who live in , . their:~e~bers and for the next ,~'~:~f,j< are banned entirely from the four-block 'ge~~~~-, .:::':":"~');?'f';~~:)-:~~~?~~ . the community and who will Hayes Valley business district and are feel the impacts of those, :~'::i,Households and ,._"':'-<:;"":;~:')'_;<{;!',~ decisions. automatically required to undergo a . co~~'ti~s Possessing or ~~~.~~ffi~i~'~(~_ KeepIng DoUars in the hearing and review in the Cole Valley ~apaC':tytogenerate.real wealth.,. ..' : ,::-::;,'~_::',:,;;:,/"( , neighborhood. ' '_:"":':-',.. . '_';_":?\;::':}::':Y,\:\~TI~- Local Economy ,,''''.':'These are the principlesc~t.~,~w!lPF'~~:~ Compared to chain stores, Sausallto "Upt:m,~l()~gin Viewing our co~\11\i~s~",,,.. ' locally owned businesses only ~.pl~ces of residence. re<;r~t!~I),'jIfu!'~~Ji ',' recycle a much larger share of The city has determined that preserving thai' n#tC active an~ infonncil'i~~_~~~l~:-~ their revenue back into/the 10cal a balanced mix oflocal, regional, and .. .... . p~~Ye~a!,ocity t?genera~~;~~~.~~;" , economy, enriching !he whole to ~o"'~thetrown lives._ ,-;:'::;,:\i\~~_\?~;~~L~;f'S'(~ nationalcbased businesses and small . .iAi1 human societies are~oV~\)yfui~i' . community. and medium sized businesses will beart o,f this web site is a growing $to~use .Of~, f. Job and Wages maintain and promote the long-term . ,~: and1oCA1economY~Quilding'iUfes'~faws.!7:nr' ~;',' Locally owned businesSes create oi'di~&::s':' because'these are ibe~ltdD<<1~~'tt~' more jobs locally and, in some economic health of visitor-serving :4i;~wn .. Adva~tage .2t;;~"f'~~J~h"c\!;~rtc $CC!Ors, provide better wages businesses and the co~unity as a and benefits than chains do. whole. Therefore, the over- Entrepreneurship concentration of formula retail Ret~l};~:,!,,~ere business ~e~~::,~?~.~;~;~<?~:~~:l_~, Entrepreneurship fuels en.~erp9~_eJ1leets'c~'!1muDl~y"W,~~_~9,}h~:;~~\U ... businesses will not be allowed, and all the -c;~t(~c;tion, processing,' IIJ~~fa:~~rj,~.;~~ America's economic innovation permitted formula retail establisbments anClO(~isir:ib~tion chain cu)min~t~!r:~W._ sal~,'; and prosperity, and serves.as a shall create a unique visual appearance cu~o~ei..--The Hometown_ A4~~:ia_~_e:_i~iti~: key means for families to move that reflect and/or complement the retaU-;~tion of the_,New '~til~~,;~~j\~t..,'},{~~;.. out of low-wage jobs and into' ;' -:an(t~~~s that. communities ~.'~$_\~gfto,J~~" the middle class. distinctive and unique historical ~.., 'ownership of retail and a ni9fe:~~~I1_~~,~te]l~~: PubUc Benefits and character of SausaIito, and that no such i!,:'.."?~f,;ceand. place. )~c:,J,,1]t'd~;i;]~1 Cosis establishment shall project a visual Local stores in town centers appearance that is homogenous with its require comparatively little establishments in other.communities. infrastructure and make more efficient use of public services relative to big box stores and strip shopping malls. Solvang Environmental Sustalnability Local stores help to sustajn vibrant, compact, walkable town centers- The Land Use Element of the City's General Plan provides that a which in turn are ,essential to reducing sprawl, automobile ~, habitat key issue identified in the proces~ of preparing the General Plan loss, and air and water poll.ution. was to maintain the image of Solvang as a ~mall-town village in Competition an open space/agricultural setting. This unique character would A marketplace of tens of thousands of small bUsinesses is the best way to be adversely affected by a proliferation of "fonnula restaurants" ensure innovation- and low prices over the long-term. ,/ which are required by contractual or other arrangements to be Prodnct Diversity virtually identical to restaurants in other communities as a result A multitude of small businesses, each selecting products based, not on a of standardized menus, ingredients, food preparation, decor, national sales plan, but on their own interests and the needs of their loc~ uniforms and the like. Therefore, the City Council finds that in customers, guarantees a much broader range of product choices. order to preserve the charac.ter of the Village, it i~ reasonable and I (E.'l:cerpted from 10 Reasons Why Vermont's Homegruwn Economy Matters and t necessary to adopt this ordinance which would preclude the 50 Proven Ways to Revive It, written by Stacy Mitchell of the Institute for Local I development of new formula restaurants in the Village. Self.Reliance and published by Ihe Preservation Trust of Vennont.) ! 5 -- --- ATTACHMENT 2 . 11 i y,,--.,----;O- ! - ___----.-J ~_. - , 17 __ _~__________ _n ATTACHMENT 3 Formula Business Restrictions - San Juan Bautista, CA In 2004, San Juan Bautista, CA, a village of 1,700 people 45 miles south of San Jose, adopted the following ordinance, which bars all fonnula retail stores and restaurants, and all stores over 5,000 square feet. More: . City of San Juan Bautista, CA Home Page ORDINANCE 2004-06 AN ORDINANCE ESTABLISHING A BAN ON THE APPROVAL OF NEW LARGE-SCALE RETAIL BUSINESSES OR NEW FORMULA RETAIL AND RESTAURANT BUSINESSES WITmN THE CITY OF SAN JUAN BAUTISTA THE CITY COUNCIL ORDAINS AS FOLLOWS: SECTION 1: The City Council finds and determines the following: A. The continued vitality of the City's economy is dependent upon tourism, and upon the ability of the City's commercial and historic districts to attract both residents and visitors. B. Preservation of the existing character and scale of the City's commercial and historic districts is vital to the continuation of the City's ability to attract tourism and other visitors. C. Preservation of the existing character and scale of the City's commercial and historic . districts is also important to maintain the distinctive small town charm and character enjoyed by current residents. D. The development of retail and commercial establishments that conflict with the I character of the City's historic and commercial districts, and that are out of scale in relation to the current pattern of development in such districts creates a threat to the public health, safety, and general welfare by threatening the character of the City's commercial and historic districts and their continued economic vitality. E. Large-scale retail business and fonnula retail or restaurant business developments conflict with the existing character and scale of the City's historic and commercial districts and, therefore, pose a threat to the City's ability to attract tourists and other visitors and thereby maintain a vital economy. ---- ----- F. A decline in the vitality of the City's commercial and historic districts will cause a loss of employment opportunities for small business owners and employees who are residents of the City and the surrounding region. SECTION 2: The following definition is added to Section 11-1-100 of the San Juan Bautista Municipal Code to read as follows: "LARGE-SCALE RETAIL BUSINESS DEVELOPMENT. A development that is proposed to consist of any structure designed to accommodate an occupancy of greater than 5,000 square feet by anyone retail establishment. This definition does not include service and community establishments, including, but not limited to, banks, insurance brokerages, real estate brokerages, health centers, governmental uses, cornmunity centers, theaters, religious or ftatema1 uses, and similar establishments. A proposed development where retail sales are an incidental or accessory use to the primary use is not included within this definition." SECTION 3: The following defmition is added to Section 11-1-100 of the San Juan Bautista Municipal Code to read as follows: "FORMULA RETAIL OR RESTAURANT BUSINESS DEVELOPMENT. A retail, restaurant, or fast-food business that is required by contractual or other arrangement to maintain standardized services, merchandise, menus, ingredients, food preparation, uniforms, decor, logos, architecture, signs, or similar features." SECTION 4: The following new Section 11-12-200 is added to the San Juan Bautista Municipal Code to read as follows: "SECTION 11-5-315: USES NOT PERMITTED IN ANY DISTRICT. The following uses are not permitted in any district: A. Large-Scale Retail Business Development B. Formula Retail or Restaurant Business Development." SECTION 5: Environmental Determination. The City Council determines that the following findings reflect the independent judgment of the City Council. The City Council finds that this Ordinance is exempt ftom the Califomia Environmental Quality Act (CEQA) under CEQA Guidelines 15378, 15061(b)(3), 15183, 15305, and Public Resources Code section 21083.3(e) for the following reasons: 1. Under CEQA Guidelines Section 15061(b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment. I - ._J 2. Under CEQA Guidelines Section 15378, the proposed amendments are not a project under CEQA because they will not cause a "direct physical change in the environment" and will not authorize any specific development activity. 3. Any potential indirect secondary impacts of the proposed amendments on the physical environment are speculative and are not reasonably foreseeable, and are, therefore, not subject to review under CEQA. 4. There is no substantial evidence that the proposed amendments will have the potential to cause a significant impact upon the environment. 5. There is no substantiated opinion or reasonable argument to detennine that the proposed amendments will cause impacts that are subject to review under CEQA. 6. The proposed text amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the city's zoning powers. 7. There are no unusual circumstances that would necessitate CEQA review. 8. Under CEQA Guidelines Section 15183 and Public Resources Code section 21083.3(e), the proposed regulations are consistent with the San Juan Bautista General Plan. The following General Plan policies support adoption of the ordinance: Policy L-16 - Commercial development outside of the Downtown area must be planned in a manner which complements Downtown businesses and does not compromise its position as a center of community life. Policy L-21 - Support the development ofland at the western and eastern "gateways" to Downtown with mixed uses that convey a positive image of the City to residents and visitors. Appropriate uses would include specialty retail stores, restaurants, galleries and studios, offices, craft shops, "cottage" industry, live-work projects, home occupations, and similar uses. Inappropriate uses would include large-scale auto "malls" and repair establishments, drive-though restaurants, big box retailers, and storage yards. Policy L-23 - Support existing small and locally-owned businesses in San Juan Bautista. Small "mom and pop" businesses - and an absence oflarge "chain" stores - are a distinguishing element of San Juan Bautista. These businesses employ local residents, provide sales tax revenue, provide goods and services, and contribute to a sense of tradition and community. Some of the town's small businesses provide a visible link to the past and area reminder of an earlier period in California living. These establishments provide the backbone of the CitY's commercial district and should be supported in the future. They are an important part of why tourists come to San Juan Bautista. Policy L-24 - Support the establishment of new tourist-oriented businesses that are consistent with the town's role as an historic center, an arts and cultural center, an ----- _n.____....__ -~ agricultural center, and a showcase of Early California living. While future tourist development is encouraged, it must be consistent with the City's character and history. New visitor-serving uses should convey a positive image of the City. Uses which convey a cheap, tacky, or overly commercialized image should be discouraged. Adoption of the Ordinance would prohibit the location oflarge-scale retail stores and formula franchise businesses, consistent with these policies. SECTION 6: Effective Date. This Ordinance shall take effect 30 days after its final adoption by the City Council. SECTION 7: Expiration of Moratorium. Interim Urgency Ordinance 2003-02 shall be of no further force and effect upon this Ordinance 2004-06 taking effect as provided in Section 6 of this Ordinance. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Juan Bautista this 16th day of November, 2004 by the following vote: AYES: Rowe, Reed, Hill, Medina, Geiger NOES: None ABSENT: None ABSTAIN: None Copyright 1999-2005 - Institute for Local Self-Reliance The New Rules Project - hltp:/Iwww.newrules.org/