Agenda Packet 2011-03-08City Con e1*1
Tony Ferrara, Mayor /Chair
Caren Ray, Mayor Pro Tem /Vice Chair
Joe Costello, Council /Board Member
Jim Guthrie, Council /Board Member
Tim Brown, Council /Board Member
Steven Adams, City Manager
Timothy J. Carmel , City Attorney
Kelly Wetmore, City Clerk
AGENDA SUMMARY
CITY COUNCILIREDEVELOPMENT AGENCY MEETING
TUESDAY, MARCH 8, 2011
7:00 P.M.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
1. CALL TO ORDER
2. ROLL CALL
3. FLAG SALUTE
4. INVOCATION
7:00 P.M.
COUNCIL /RDA BOARD
ARROYO GRANDE ROTARY CLUB
MAYOR FERRARA
5. SPECIAL PRESENTATIONS
5.a. Honorary Proclamation Declaring 2011 as a Year of Celebration of the 100 Year
Anniversary of California Women Having the Right to Vote in the City of Arroyo
Grande
6. AGENDA REVIEW
6.a. Move that all ordinances presented for introduction or adoption be read in title only
and all further readings be waived.
AGENDA SUMMARY — MARCH 8, 2011
PAGE 2
7. COMMUNITY COMMENTS AND SUGGESTIONS
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions on matters not scheduled on this agenda.
Comments should be limited to those matters that are within the jurisdiction of the
City Council. The Brown Act restricts the Council from taking formal action on
matters not published on the agenda. In response to your comments, the Mayor or
presiding Council Member may:
♦ Direct City staff to assist or coordinate with you.
♦ A Council Member may state a desire to meet with you.
♦ It may be the desire of the Council to place your issue or matter on a future
Council agenda.
Please adhere to the following procedures when addressing the Council:
♦ Comments should be limited to 3 minutes or less.
♦ Your comments should be directed to the Council as a whole and not directed
to individual Council members.
♦ Slanderous, profane or personal remarks against any Council Member or
member of the audience shall not be permitted.
8. CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a group.
The recommendations for each item are noted. Any member of the public who wishes
to comment on any Consent Agenda item may do so at this time. Any Council
Member may request that any item be withdrawn from the Consent Agenda to permit
discussion or change the recommended course of action. The City Council may
approve the remainder of the Consent Agenda on one motion.
8.a. Consideration of Cash Disbursement Ratification (KRAETSCH)
Recommended Action: Ratify the listing of cash disbursements for the period
February 16, 2011 through February 31, 2011.
8.b. Consideration of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Regular City
Council /Redevelopment Agency meeting of February 8, 2011, the Special City
Council Meeting of February 22, 2011, and the Regular City Council /Redevelopment
Agency Meeting of February 22, 2011, as submitted.
8.c. Consideration of Award of Bid for the Plumbing Retrofit Program (PERRIN)
Recommended Action: 1) Award the Plumbing Retrofit Bid to Waterboys Plumbing,
Inc. in the amount of $103,770.00; 2) Authorize the Mayor to execute the contract;
and 3) Direct staff to issue the Notice of Award and Notice to Proceed along with
other necessary contract documents.
AGENDA SUMMARY — MARCH 8, 2011
PAGE 3
8. CONSENT AGENDA (cont'd)
8.d. Consideration of an Award of Contract to Brough Construction, Inc. for
Construction of the Le Point Street Improvements and Parking Lot Expansion
Project, PW 2011 -02 (McCLISH)
Recommended Action: 1) Award a contract for the Le Point Street Improvements
and Parking Lot Expansion Project to Brough Construction, Inc. in the amount of
$501,038.75; and 2) Authorize the City Manager to approve change orders for
approximately 15% of the contract amount, $75,000.00, for unanticipated costs during
the construction phase of the project; and 3) Appropriate $14,000.00 from the
Transportation Facility Fund towards the Le Point Street street widening
improvements, $5,000.00 from the Water Fund for the installation of water line with
City forces, and $67,000 from the Downtown Parking Fund for the Le Point Street
parking lot improvements.
8.e. Consideration of FY 2011 -12 and 2012 -13 Budget Goals and Priorities (ADAMS)
Recommended Action: Approve proposed budget goals and prioities for FY 2011 -12
and FY 2012 -13.
8.f Consideration of a Retainer Agreement with Phillips & Cohen LLP and Day
Pitney LLP in Connection with the City's Participation in United States and
State of California Et Al. Ex Rel. Hendrix V. J -M Manufacturing Co., Et Al. as a
Real Party in Interest (CARMEL)
Recommended Action: Approve and authorize the City Manager to execute a
Retainer Agreement with Phillips & Cohen LLP and Day Pitney LLP in connection
with the City's participation in United States and State of California et al. ex rel.
Hendrix v. J -M Manufacturing Co., et al. as a Real Party in Interest.
8.g. Consideration of a Resolution Accepting Easements for the El Camino Real
Rehabilitation and Enhancement Project, PW 2008 -09 (McCLISH)
Recommended Action: Adopt a Resolution accepting slope easements for specific
properties adjacent to El Camino Real to facilitate construction of a soil nail retaining
wall.
9. PUBLIC HEARINGS:
9.a. Consideration of Community Development Block Grant Projects for Year 2011
(McCLISH)
Recommended Action: Adopt a Resolution approving CDBG Project funds for Year
2011.
9.b. Consideration of Specific Plan Amendment 10 -001; Amend the Berry Gardens
Specific Plan as it Relates to Development of Subareas 3 and 4; Location -
Southwest Corner of East Grand Avenue and South Courtland Street —
Applicant: NKT Commercial (McCLISH)
Recommended Action: The Planning Commission recommends the City Council
adopt a Resolution adopting a Mitigated Negative Declaration and approving Specific
Plan Amendment 10 -001.
AGENDA SUMMARY — MARCH 8, 2011
PAGE 4
9. PUBLIC HEARINGS (cont' d)
9.c. Consideration of Tentative Parcel Map 10 -001 and Conditional Use Permit 10-
001; Subdivide 4.47 Acres into Four (4) Parcels of 0.51, 0.59, 2.56, and 0.57
Acres and Construct Four (4) Commercial Buildings of 5,800, 6,767, 35,786 and
5,700 Square -feet Respectively; Location - Southwest Corner of East Grand
Avenue and South Courtland Street - Applicant: NKT Commercial (McCLISH)
Recommended Action: The Planning Commission recommends the City Council
adopt a Resolution approving Tentative Parcel Map 10 -001 and Conditional Use
Permit 10 -001.
9.d. Consideration of Conditional Use Permit 10 -003; Construct a Thirty -Six (36) Unit
Apartment Complex on 1.63 Acres; Location - Southwest Corner of East Grand
Avenue and South Courtland Street; Applicant - Peoples' Self Help Housing
Corporation and Affordable Housing and Loan Agreement (McCLISH)
Recommended Action: The Planning Commission recommends the City Council
adopt a Resolution approving Conditional Use Permit 10 -003 to construct a thirty -six
unit apartment complex on 1.63 acres. In addition, staff recommends that the
Redevelopment Agency Board of Directors adopt a Resolution approving an
affordable housing and loan agreement and authorize the Executive Director to
execute the agreement.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
None.
12. CITY COUNCIL MEMBER ITEMS
The following item(s) are placed on the agenda by a Council Member who would like
to receive feedback, direct staff to prepare information, and /or request a formal
agenda report be prepared and the item placed on a future agenda. No formal action
can be taken.
None.
13. CITY MANAGER ITEMS
The following item(s) are placed on the agenda by the City Manager in order to
receive feedback and /or request direction from the Council. No formal action can be
taken.
a) Request from Village Improvement Association to reconsider closure of E.
Branch Street for April 30, 2011 Farmer's Market.
AGENDA SUMMARY — MARCH 8, 2011
PAGE 5
13. CITY MANAGER ITEMS (cont' d)
b) Request for direction whether to maintain or delay City Hall Ribbon Cutting
Ceremony due to delays in elevator installation schedule.
14. COUNCIL COMMUNICATIONS
Correspondence /Comments as presented by the City Council.
15. STAFF COMMUNICATIONS
Correspondence /Comments as presented by the City Manager.
16. 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.
17. ADJOURNMENT
* * * * * * * * * * * * * * * * * * * * * * * **
All staff reports or other written documentation, including any supplemental material distributed to a
majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the
agenda are available for public inspection during regular business hours in the City Clerk's office, 300 E.
Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative
formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request
for disability - related modification or accommodation, contact the Legislative and Information Services
Department at 805 - 473 -5414 as soon as possible and at least 48 hours prior to the meeting date.
* * * * * * * * * * * * * * * * * * * * * * * **
This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports
can be accessed and downloaded from the City's website at www.arroyogrande.org
* * * * * * * * * * * * * * * * * * * * * * * * **
City Council /Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo
Grande's Government Access Channel 20. The rebroadcast schedule is published at www.slo- span.org
THIS PAGE INTENTIONALLY LEFT BLANK
CITY OF
Honorary Proclamation Declaring 2011 as a
Year of Celebration of the 100 Year Anniversary
of California Women Having the Right to Vote
in the City of Arroyo Grande
WHEREAS, in l 911 Proposition 4 (Constitutional Amendment # was placed on the October 10, 1911
special election ballot giving California women the right to Vote; and
WHEREAS, California women campaigned across the State stopping in rural counties and cities gaining
support from local women and men as a main part of their strategy; and
WHEREAS, the lard work of the strong local suffragists of Arroyo Grande and their male supporters
garnered enough YES votes to pass Proposition 4; and
WHERFAS, the cities of San Luis Obispo County which collectively and proudly cast YES votes by a 12%
margin to counteract the NO Votes of their counterparts in some large cities; and
WHEREAS, 2011 marks the 100 anniversary of California women having the right to Vote.
NOW, THEREFORE, BE IT RESOLVES], that 1, Caren Ray, Mayor Pro Tem of the City of Arroyo
Grande, on behalf of the City Council, do hereby proclaim 2011 as a year of celebration of the "100 Year
Anniversary of Women's Right To Vote ".
IN WI'T'NESS WHEREOF, I have hereunto set my hand and caused the
Seal of the City of Arroyo Grande to be affixed this 8hday of March 2011.
CAREN RAY, R PRO TEM
'Ro
Nca:P0RAfiE1) IC
r ,wLV ro, "'o
0
Agenda Item 5.a.
Page 1
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 5.a.
Page 2
o � pJtROy
� INCORPORATED Z
v m
\ JULY 1 1911
c+`
To: CITY COUNCIL
M EMORANDU M
AN U
FROM: ANGELA K AETSCH, DIRECTOR O ADMINISTRATIVE ATIVE SEF VICE
Y: TF ICIA MEYERS, SENIOR ACCOUNT CLEF K %`rte
SUBJECT: CONSIDERATION ATION of CASH DISBURSEMENT RATIFICATIO
DATE: MARCH 8,2011
R EC OM MENDATI ON :
It is recommended the City Council ratify the attached listing of cash disbursements for
the period February 16 through February 25, 2011.
FINANCIAL IMPACT:
There is a $919,987.73 fiscal impact that includes the following items:
0 Accounts Payable Checks 148776 - 148922 $ 445
0 Payroll Checks s Benefit Checks 474,021.42
B ACKG ROU ND:
OU N :
Cash disbursements are made weekly based on the submission of all required
documents supporting the invoices submitted for payment. Prior to payment,
Administrative Services staff reviews all d isbursement documents to ensure that they
meet the approval requirements adopted in the Municipal code and the City's
Purchasing Policies and Proced Manual of February 2000.
ANALYSIS O ISSUES:
The attached listing represents the cash disbursements required of normal and usual
operations during the period. The disbursements are accounted for in the FY 2010 -11
budget.
ALTERNATIVES:
The following alternatives are provid for the council's consideration:
0 Approve staffs recommendation;
0 Do not approve staffs recommendation;
0 Provide direction to staff.
Agenda Item 8.a.
Page 1
CITY COUNCIL
CONSIDERATION OF CASH DISBURSEMENT RATIFICATION
MARCH 8, 2011
PAGE 2
ADVANTAGES:
• The Administrative Services Department monitors payment of invoices for
accountability, accuracy and completeness using standards approved by the
Council.
• Invoices are paid in a timely manner to establish goodwill with merchants.
• Discounts are taken w here applicable.
DISADVANTAGES:
AI TAGES:
No disadvantages have been identified as long as City Council confirms all
expenditures are appropriate.
ENVIRONMENTAL REVIEW:
No environmental revie w is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
TS:
The Agenda was posted in front of City Hall on Thursday, March 3 , 2011. The Agenda
and report were posted on the City's website on Friday, March 4, 2011. No public
comments were received.
Attachments:
1. February 16- February 23 , 2011 -- Accounts Payable C heck Register
ister
2. February 25, 2011 — Payroll Check & Benefit Checks Register
ister
Agenda Item 8.a.
Page 2
ATTACHMENT 1
Page: 1
apCkHi t
Check History Listing
0212412011
1 : 2AM
CITY OF ARROYO RA1 DE
Bank code: boa
Check #
Date
Vendor
Status ClearNoid Date Invoice
Inv. Date
Amount Paid
Check Total
148778
0211612011
000088 AG CHAMBER F
021811
0211812011
E 010.4001, 5501
18-00
E 010.41 0,5501
18.00
38.00
38.00
148777
0211712011
008327 JOHN AND MAU EEN
021511
0211512011
E 284.4103.5808
10
10
10,000.00
148778
02/18/2011
000009 ADDICTION MED
ref00211
0210812011
E 010.4145.5303
55.00
58.00
55.00
148779
0211812011
008012 AMERICAN PAYROLL
021411
0211412011
E 010.4120,5508
219.00
213.00
219.00
148780
02/18/2011
008814 EARL ANDERSON
021011
0211012011
E 228.4008.5554
287.00
287.00
287.00
148781 0211812011 005507 AT & T 217 -0188 0210812011
E 010.4145.5400 180.49
180.49
217 -3958 0210812011
E 220.4000.5000 01.40
01.40
Page: 1
Agenda Item 8.a.
Page 3
ap kHi t
Check History Listing
Page: 2
0212412011
10:02AM
CITY OF ARROYO RANDE
Bank code:
boa
Check #
Date
Vendor
Status ClearNoid Date Invoice
Inv. Date
Amount Paid
Check Total
217 -3959
0210712011
E 640.4710.5403
31.43
31.43
246.
148782
02/18/2011
006607 AT&T
2036094
0112512011
E 010.4145.5403
1
1,804.52
000002036093
0112512011
E 010.4145.5403
733.46
733.46
0000020 860
0112512011
E 010.4145.5403
57.64
57.64
2036088
01/25/2011
E 010.4145.5403
14.98
-
14.98
2,61 0.60
148783
0211812011
008240 M.E. AVILA CONSTRUCTION
PIN 2008 -07
0211012011
E 350.5658.7001
26
E 350.5658.7201
2,490.30
29,115.17
29,115.17
148784
0211 812011
000053 B & B STEEL & SUPPLY, INC
358650
0210912011
E 220.4303.5613
315.12
315.12
315.12
148785
0211812011
000078 BLUEPRINT IT E PF ESS
12044
0211412011
E 350.5422.7301
219.24
219.24
219.24
Agenda Item 8.a. Page` 2
Page 4
apCkH!st
Check History Listing
Purge:
02/2412011
10 :02AM
CITY OF ARROYO GRANDE
Bank code: boa
Check #
Date
Vendor
Status DlearlVoid Date Invoice
Inv. Date
Amount Paid
Check Total
148786
0211812011
001917 BOB'S EXPRESS WASH
020111
02/0112011
E 010.4201.5601
201.00
E 640.4712.5801
0.00
210,00
210.00
148787
0211812011
000090 BRISCO MILL & LUMBER
147212
0211412011
E 220.4303.5613
24.41
24.41
148088
0112412011
E 220.4303.5613
14.12
'4.12
38.53
148788
02/1812011
005801 MARY CANNON
020011
02100/2011
E 010.4423.5253
80.00
80.00
80.00
148789
02/18/2011
006394 CDPH -P
021711
0211712011
E 640.4712.5501
65.00
E 640,4712.5501
65.00
E 220,4303.5501
50.00
180.00
180.00
148790
02118/2011
000157 CENTRAL VALLEY
176769
01/24/2011
E 010.4201.5324
73.00
73.00
176770
01/24/2011
E 010.4201.5324
73.00
73.00
146.00
Agenda Item 8.a. Pyre:
Page 5
ap kHl t
Check History Listing
Page: 4
02124/2011
10:0 AM
CITY OF ARROYO GRANDE
Bank code:
boa
Check #
Date Vendor
Statue Clear/Vold Date Invoice
Inv. Date
Amount Paid
Check Total
148791
0211812911 908330 CHANGEWORKS INC
011311
9111312011
E 910.4145.5591
3
3,499.98
3,499.98
148792
9211812911 001990 CHARTER
912811
0112812011
E 91 0.4140.5393
221.98
221.98
221.98
148793
02118/2011 000163 CHERRY LANE
29667
0112712911
E 220.4303.5613
544.91
544.91
29525
0112112011
E 01 0.44X5274
521.74
521.74
2951
0111 912911
E 220.4303.5613
401.09
401.09
29577
10812911
E 220.4303.5613
239.71
239.71
29503
01/12/2011
E 220.4303.5613
30.41
30.41
1,736.96
148794 0211812011 000164 CHRISTIANSON CHEVROLET
76433 9112512011
E 919.4201.5601 371.56
371.56
76511 0113112911
E 919.42 91.560 1 211.36
211.36
Agenda Item 8.a. Page: 4
Page 6
app kHl t
Check History Listing
Page :5
02124/2011
1 : 2AM
CITY OF ARROYO GRANDE
Bank code: boa
Check #
Date
Vendor
Status ClearNold Date Invoice
Inv. Date
Amount Paid
Check Total
76565
02/03/2011
E 919.4201.5601
211.36
211.36
794.28
148795
92118!2911
000171 CLINICAL LABORATORY OF
912638
02/07/2011
E 640.4710-5310
458.90
458.90
458.00
148796
02118/2011
909208 J E DEAF, INC
751055
01/17/2011
E 019.4201.5608
33.39
33.39
33.30
148797
92118/2011
990240 FARM SUPPLY CO
544275
91/28/2011
E 910.4430.5695
183.32
183.32
538144
9112912911
E 910.4420.5695
122.21
122.21
552345
02107/2911
E 910.4201.5322
70.68
70.68
538318
OU2012011
E 010.4420.5605
61.11
61.11
526467
110412011
E 919.4201.5322
48.93
48.93
540014
0112412011
E 019.4420.5005
48.22
48,22
534.47
Agenda Item 8.a. Page' 5
Page 7
ap kHi t Check History Listing Page:
0212412011 1 : 2AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearlVold Date Invoice Inv. Date Amount Paid Check Total
148798 0211812011 001525 FERGUSON ENTERPRISES, PF ISES, 8832107 0210412011
E 840.4712.5810 35.75
148799 0211 812011 000252 FRANK'S L KEY
148800 02/1812011 008328 FURNITURE INSTALL. TEAM
148801 0211812011 005323 MATT GALLED S
1 48802 0211812011 000805 THE GAS COMPANY
31542
11805
020811
2110 -1375
214-111
2110 -850
219 -200
1 -1
01/27/2011
E 010.4201.5804
02/17/2011
E 350.5485.7001
0210812011
010.0000.4354
0211012011
E 010.4145.5401
0210412011
E 010.4145.5401
0211012011
E 010.4145.5401
0210912011
E 010.4145.5401
0210412011
E 010.4145.5401
85.75
65.00
65.00
1,721.51
1,721.51
30.00
30,00
285.88
85.75
65.00
1,721.51
102.98
30.00
Agenda Item 8.a. Page'
Page 8
im
t�
tD
CL
0)
M D
t�
cD
00
a pkHist
Check History Listing
P T
02/24/2011
10 :02AM
CITY OF ARROYO I ANDE
Bank code: boas
Check #
Dane
Vendor
Statue Dlearl oid Date Invoice
Inv. Date
Amount Paid
Check Taal
2/ -910
02/08/2011
E 010.4145.5401
47.60
47.60
2/4 -215
02/04/2011
E 010.41
44.63
44,63
2/ -1 500
02/08/2011
E 010.4145.5401
37.08
37.08
1,'1 30.33
145503
02/15/2011
008324 RUBY GLASS
92101
02/10/2011
1 010.0000.461
55,00
55.00
55.00
145504
02/18/2011
002813 G RAIN G ER, INC
944971 1457
01/28/2011
E 640.4712.5273
178.52
178.52
178,52
148805
02/1812011
000499 GRAND AWARDS, DS, 1 1
3769
0112512011
E 010.4421.5201
27.24
27.24
27.24
145506
02118/2011
002358 GREAT WESTERN TERN ALARM
110100013101
02/0112011
E 010.4213.5303
28,00
28.00
110100713101
02/01/2011
E 010.421 3.5303
28.00
28.00
110102455101
02/01/2011
E 350.54357001
28.00
28.00
84.00
Page:
pkHlst
Check History Listing
pag
0212412011
10 :02AM
CITY OF ARROYO GRANDE
Banc code: boa
Check#
Date
Vendor
statue ClearlVold Date Invoice
Inv. Date
Amount Paid
Check Total
143307
0211312011
000330 GSA-INFORMATION TECH
435
02103!2011
E 0 10. 4201.5606
237.29
E 0 10.4201.5606
155.55
392.57
392.37
1 43303
0211512011
002520 IND FF, INC
1311043
01126/2011
E 010.4101.5201
307.75
307.75
307.75
143309
0211312011
000340 INTOXIMETERS, INC
323457
0112112011
E 010.4201.5603
53.15
53.13
53.15
143310
0211312011
000350 JACK'S REPAIRS ADD SALES
25104
0210312011
E 010.4420.5603
559.07
559.07
559.07
143311
0211512011
004413 LAW OFFICES OF JONES
54055
0113112011
E 010.4003.5327
45.40
43.40
43.40
14331
0211312011
001001 CUSTOM SIGNALS, INC
434446
0112612011
E 010.4201.5603
135.06
135.06
135.06
143313
0211512011
000376 LAWSON PRODUCTS, INC
0131225
0210212011
E 220.4303.5255
155.39
E 220.4303.5255
1.19
154.20
154.20
Page.
Agenda Item 8.a.
Page 10
pCkH!st
Check History Listing
Page:
0212412011 1 : 2AM
CITY OF ARROYO F ANDE
Bank code: boa
Check # Date Vendor
Status ClearfVold Date Invoice
Inv. Date
Amount Paid Check Total
148814 0211812011 000387 LIBM BI[BDBA
6501
0112812011
E 010.4201.5601
1
1,8.00
6651
0210412011
E 0 10 .420 1.500 1
420.00
E 010.4201-5601
32.25
14881 0211812011 001915 Al A MACKAOUI
148810 0211812011 000425 MIER BR OS LANDSCAPE
148817 0211812011 000425 MINER'S 'S ACE HARDWARE,
AF E,
020811
174121
174227
174231
174230
174038
K51258
0210812011
010.0000.4354
0112412011
E 010.4430.5005
0112712011
E 0 1 0.4430.5605
01/27/2011
E 010-4430.5605
01/27/2011
E 010.0.50
0112112011
E 010.4430.50
02/08/2011
E 220.4303.5 13
4.25
30.00
80.00
3,697.50
309.75
17.8
176.78
2,42.2
30.00
8
Agenda Item 8.a. Page. 5
Page 11
a Hist Check History Listing Page: 10
02/24/2011 10 :02AM CITY OF ARROYO GRANDE
Bank coda: boa
Check # Date Vendor Status ClearNold Date Invoice Inv. Date Amount Paid Check Total
K 1 300
02/10/2011
E 220.4303.581 3
K65621
02/07/2011
E 010.4420.5805
K65151
02/03/2011
E 010.4420.580
K830
02/09/2011
E 640.4712.5610
K88
02/08/2011
E 840.4712.5255
148818 02/18/2011 000430 MOSS, LEVY & HAFT HEI
14881 02/18/2011 005650 NAPA AUTO PARTS
148820 02/18/2011 004262 NEVCO SCOREBOARD
8548 01/31/2011
E 010.4 1 20.5303
E 812.481 0.5303
E 840.4710.5303
304802 01/25/2011
E 010.420 1.5801
305271 02/03/2011
E 010.4201-5601
78.1
78.1
38.38
38.38
25.85
25.85
4.34
4.34
2.71
2.71
824.00
823.00
1,870.00
591.82
111712 12/10/2010
E 010.4424.5257
278.42
34.47
34.47
326.21
1
870.24
Agenda Item 8.a. Pa: 10
Page 12
D
c�
c�
CL
0)
c�
�F
w�
pDkHist
0212412011 10 :0 AM
Check History Listing
CITY OF ARROYO GRANDE
Inv. Date Amount Paid
Bank code: boa
Check Date Vendor
148821 0211812011 006328 NICK'S TELECOM (DB
Status Clear/Vold Date Invoice
4321
4320
4324
4316
Page: 11
Check Total
0112812011
E 01 0.420'1 .6606
961.
951.55
0112812011
E 010.4201.6606
697.00
697.00
0113112011
E 010.4201.6606
198.40
198.40
01/26/2011
E 010.420'1,6606
143.40
143.40
148822 0211612011 000466 N SAW, IN
102691
102696
102692
01/10/2011
E 010.4420.6603
84.26
84.26
01/10/2011
E 010.4420.6603
76.61
76.6'1
01/10/2011
E 010.4420.6803
74.96
74.96
148823 0211812011 000468 OFFICE DEPOT
649619488001 01/25/2011
E 010.4120.6201 13.83
13.83
34.47
1,890.35
236.72
13.83
Page: 11
apCkHist
Check History Listing
Page: 1
02124/2011
10:02AM
CITY OF ARROYO RA IDE
Bank code: boa
Check #
Date
Vendor
Status ClearNold Date Invoice
Inv. Data
Amount Paid
Check Total
148824
0211812011
000481 PACIFIC GAS & ELECTRIC
1120 - 853299
0112012011
E 010.4304.5402
1
E 040.4712.5402
2,930.88
E 040.4711.5402
104.52
E 012.4010.5402
1,21 9.18
E 01 0.4145.5401
0,843.01
E 217.4460-5355
20.88
12,291.31
211 0 - 820838
0211012011
E 812.4810.5402
215.58
215.58
2/10-781296
0211 012011
E 010.4145.5401
20.28
20.28
12,527.13
148825
0211812011
008254 PACIFIC EST ENERGY
1182
0113112011
E 350.5439.7301
3
37,852.98
37 } 852.98
148828
0211812011
007108 PARAMOUNT CLEANERS
3528
0113112811
E 01 0.4201.5303
588.25
588.25
538.25
148827
0211812011
005895 PERRY'S ELECTRIC MOTORS
12085
0210212011
E 220.4303.5303
779.84
779.84
779.84
148828
0211812011
008325 STEFANI PICCHI
020811
0210812011
R 010.0000.4854
30.00
30.00
30.00
Agenda Item 8.a. Page. 1
Page 14
apCkHlst Check History Listing Page: 1
0212412011 10:02AM CITY OF ARROYO GRANDE
Bank code: boa
Check Date Vendor
148829 02118/2011 008249 NICK E PKRA,JAC INC
148830 0211812011 001957 ANGIE QUARESMA
148831 0211812011 002751 RANGE MASTER
148832 0211812011 000531 RIHETTI COMPLETE WATER
148833 0211812011 002670 RICOH LEASING
148834 02/18/2011 008326 ROBERT R DRI UE
Status ClearNold Date Invoice
PW2010 -12
0211012011
E 350.5435.7001
67,046.81
E 350.5435,7201
65,603.15
132,649.96
132,645.96
020811
0210812011
R 010.0000.4354
30.00
30.00
30.00
4965
0210112011
E 010.4201.5272
38.05
38.05
4931
01120/2011
E 010.4201.5272
19.54
15.54
57.59
88922
0210112011
E 010.4201.5604
15.00
15.00
15.00
8537257
01/22/2011
E 010.4421.5602
165.60
165.60
165-
020811
0210812011
R 010.0000.4354
75.00
75.00
75.00
Inv. Date Amount Paid Check Total
Agenda Item 8.a. Page' 1
Page 15
ap kHist Check History Listing Page: 14
02/2412011 10:02AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor
148835 02/18/2011 007326 RUSH TRUCK CENTER
Status Clear/Vold Date I
310-1006244
310-1006082
310-1006246
Inv. Date
Amount Paid Check Total
02/02/2011
E 220.4303.5601
434.45
434.45
0112712011
E 220.4303.5601
434.45
434.45
02/02/2011
0211812011
E 612.4610.5601
332.44
Agenda Item 8.a. Page. 14
Page 16
332.44
1,201.34
148836
0211812011
000539 SAFETY -I LEEN SYSTEMS,
52945552
0112712011
E 010.4305-5303
194-66
194.66
194-66
143337
0211812011
000539 SENSUS METERING
ZA11 12 7
02!0712011
E 640.471 .520 1
1515.52
1
1,515.52
143333
02/1612011
000550 SLO COUNTY AIR
13523
0211012011
E 640.471 0.5303
741.76
741.76
741.76
146639
0211612011
000598 SNAP-ON TOOLS CORP
204051
0210212011
E 220.4303.5273
297.27
297.27
297.27
148840
02/18/2011
006154 SOUTH COUNTY AREA
7465 -11 -007
0112112011
E 225.4553.5511
2,.
2,007.09
2,007.09
Agenda Item 8.a. Page. 14
Page 16
apCkHlst Check History Listing page: 1
0212412011 10 :02AM CITY of ARROYO GRANDE
Bank code: boar
Check # Dame Vendor Status Clear/Void Date Invoice
148841 0211812011 003841 SOUTH COUNTY SANITARY 3199371
3199807
3199157
3199837
148842 02/18/2011 000818 STERLING
148843 0211812011 002904 TEMPLETON UNIFORMS
148844 0211812011 002370 TITAN INDUSTRIAL
IAL
Inv. Data
Amount Paid
02/01/2011
442.55
E 010.42115303
212.32
E 010.4201.5604
212,32
02/01/2011
117.45
E 010.4213.5303
112.16
39 0113112011
112.18
02/01/2011
581.14
E 010.4213.5303
11218
44183 0210712011
112.10
0210112011
517.33
E 010.4213.5303
5.91
1044344 02107/2011
E 840.4712.5255 89.08
89.08
1044241 01128/2011
E 010.4201.5255 81.48
81.48
170.52
C heck Total
Agenda Item 8.a. page 18
Page 17
5.91
442.55
28024 0210212011
E 010.4201.5604
117.45
117.45
117.45
39 0113112011
E 01 0.4201.5272
581.14
581.14
44183 0210712011
E 010.4201-5272
517.33
517.33
1
1044344 02107/2011
E 840.4712.5255 89.08
89.08
1044241 01128/2011
E 010.4201.5255 81.48
81.48
170.52
C heck Total
Agenda Item 8.a. page 18
Page 17
ap kHist
0212412011 10:02AM
C heck History Listing
CITY OF ARROYO GRANDE
Page: 1
Bank code: boa
Check # Date Vendor
145845 0211812011 005042 TOWS AUTO SERVICE
148846 0211812011 007683 THE TOP SHOP
148847 0211812011 006552 TRAUB ASSOCIATES
Statue DlearfVold Date Invoice
i
621
0210112011
E 010.4430.5601
315.52
315.52
592-69
592.69
CRP1 001 0554 0113112011
E 010.
1 D49. 01
0 1/26/2011
E 010.4003.5327 6
6,057.64
315.52
592.69
6,057-64
D
t�
c�
CL
0
c�
�F
000
148848 0211812011 006365 TREE GUILD OF ARROYO
148849 0211812011 000653 DOROTHY TRUL CK
148850 0211812011 006551 UNITED STAFFING ASSOC.
148851 0211812011 000660 USA BLUE BOOK
021411
020811
074806
329471
Inv. Date Amount Paid Check Total
02/14/2011
E 010.4420.5308
02/08/2011
E 010.4424.5351
02/09/2011
E 640.4712.5303
02/09/2011
E 640.4712.561
476.30
476.30
1,152.00
1,152.00
1
1,073.57
27.69
476.30
1,152.00
1,073.57
27.69
27.69
Page: 1
arp kHi t Check History Listing Purge; 17
02124/2011 1 : AM CITY OF ARROYO f A DE
Bank code: boa
Check # Date Vendor
148852 02/18/2011 000678 VALLEY AUTO SERVICE
Status ClearNoid Date Invoice
19266
Inv. Date Amount Paid
02/1812011
E 910.4430.5601 20.90
20.00
148853 02/1 B/2011 002137 VERIZON WIRELESS
ELESS
148854 0211812011 007049 VORTEX TE INDUSTRIES I N
148855 02/18/2011 007101 1 EEDEN'S PARCEL SERVICE
E
148856 02/18/2011 004166 HELLS FAR BANS
148857 02118/2011 008329 WILLIAM R VIDNE
0944378392 01/2212011
E 010.4305.5403
E 010.4301 .8403
01-577166-1 0112612011
E 010.4213.5303
010711 01/07/2011
E 010.4201.5208
012511 01/25/2011
E 010.4201.5208
V 02/18/2011 733889
021011
02/08/2011
E 470.4850.5555
Check Total
52.02
224.95
224.95
13.23
10.76
800.00
800.0
600.00
02/10/2011
E 226.4306.5554
600.00
20.00
67.66
224.95
23.99
800.00
609.90
Agenda Item 8.a. Purge, 17
Page 19
apDkHist Check History Listing Page: I8
02/2412011 1 : 2AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vender
148858 02/18/2011 DOD699 LEE WILSON ELECTRIC
Status ClearNold Date Invoice
0170
Inv. Date Amount Paid
01/31/2011
E 010.4304.5308 728.88
Check Total
Agenda Item 8.a. Page. 18
Page 20
728.88
728.88
148859
02118/2011
0007041 ITMER- TYSON IMPORTS T
T8419
02/01/2011
E 010.4201.5322
500.00
500.00
500.00
148870
02/28/2011
004815 AIRGAS WEST IC
103107401
01/31/2011
E 010.4420.5255
83.81
33.81
33.81
143871
02/23/2011
007881 AMERICAN i CAF PET
05232
0112912011
E 010.4213.5803
785.00
785.00
-
785.00
148872
02/28!2011
005799 AMERICAN i F I1 EF COLLEGE
022311
02/28/2011
E 010.4201.5501
77.00
77.00
77.00
148873
02123/2011
003175 AQUA-METRIC SALES
0036209-IN
02/0212011
E 640.4712.5611
389.98
339.90
339.98
148874
02/23/2011
005507 AT & T
2f7-7480
02/07/2011
E 010.4201.5408
63.81
83.81
83.81
Check Total
Agenda Item 8.a. Page. 18
Page 20
pkHist Check History listing Page: 1
0212412011 10:0 AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor
148875 0212312011 000007 AT&T
148870 0212312011 000056 BACKYARD IMPROVEMENT
148877 0212312011 000058 BANK OF AMERICA
Status ClearNold Date invoice
2030996 0112212011
E 010.421 7.5403 28.30
28.30
28.30
73224 0210112011
E 010.4430.5605 19.40
19.40
19.40
218 -0730
0210812011
E 010.4145.5501
209,23
E 010.4101.5501
12.82
E 010.4101.5503
72.99
E 010.4101.5501
436.57
731.01
218 -7702
02/0812011
E 010.4425,5255
250.32
E 010.4425.5259
180.60
E 220.4303.5255
240.30
71.22
218 -4272
0210812011
E 010.4120.5501
448.00
445.00
218 -2050
0210812011
E 010.4426.6201
43.55
E 010.4213.6401
279.03
322.58
218 -9444
0210812011
E 010.4001.5504
282.94
E 010.4101.5201
26J0
309.64
Inv. Date Amount Paid Cheek Total
Agenda Item 8.a. Page' 1
Page 21
apCkHist Check History Listing Page: 2
0212412011 10:0 AM CITY OF ARROYO RANDE
Bank code: boa
Check # Data Vendor
Status Clear/Vold Date Invoice
218 -2083
218 -0915
0210812011
E 010.4130.5201
22.38
E 010.4130.5501
270.00
292.38
0210812011
E 010.4001.5501
200.52
Inv. Date Amount Paid
Check Taal
Agenda Item 8.a. Page: 20
Page 22
200.52
2,972.95
148878
0212312011
001944 BASIC CHEMICAL
515833885
0113112011
E 640.4712.5274
561.27
561.27
561.27
148879
0212312011
000090 BRISCO NULL & LUMBER
146857
0111112011
E 540.4712.5255
4.88
4.88
4.88
148880
0212312011
000095 BURKE AND PACE OF A,
2413250
0112512011
E 612.4610.5255
28.99
2B.
2413043
0111912011
E 01 0.4213.5604
23.32
23-32
52.31
148881
0212312011
000134 CA ST DEPT OF JUSTICE
831995
0210712011
E 010.4201.531
96.00
E 010.4201.5329
3067.00
3,163.00
3,163-00
Inv. Date Amount Paid
Check Taal
Agenda Item 8.a. Page: 20
Page 22
apkHit
02!2412011
10 :0 AM
Check History Listing
CITY OF ARROYO GRANDE
Page: 21
Bank code:
boa
Check #
Date
Vendor
Status Clear/Vold Date invoice
Inv. Date
Amount Paid
Check Total
148882
0212312011
000129 DA ST EMPLOYMENT DEVEL
020211
0210212011
E 010.4425.5142
5.00
E 640.4712.5142
277.00
E 010.4425.5142
19.00
301.00
301.00
1 48883
0212312011
005890 CANNON N
50154
02/23/2011
E 3 50.5934.700 1
2,369.28
2,359.28
50134 .
0113112011
E 612.461 0.5510
1,840.00
1,340,00
4,209.28
143384
0212312011
004793 DFPI
021811
0211812011
E 010.4212.5501
350.00
350.00
350.00
148885
0212312011
000160 CHAPARRAL
328588
0210212011
E 010,4421.5802
120.20
120.20
120.20
148886
02/23/2011
000183 CHERRY LANE
29508
01!14!2011
E 640.47 12.5609
86.84
86.84
86.84
Agenda Item 8.a. Page: 21
Page 23
ap kHI t Check History Listing Page: 22
02/24/2011 10:02AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearNold Date Invoice
148887 02/23/2011 006556 D I IPUCOM SYSTEMS, INC 60671590
Inv. Date Amount Paid
Check Total
02/23/2011
E 010.41 40.6 103 2,509-71
E 010.4140.6103 2
E 01 0.4140.610 3 349-71
E 010.4140.6103 4.51
325.00
Agenda Item 8.a. Page: 22
Page 24
9
9,378.67
148 888
02/2312011 000195 CRYSTAL P F I N WATER 1
014273
01/31/2011
E 010.4421.5201
34.1
34.16
070931
02102/2011
E 010.4420.5605
12.26
12.26
063949
0210212011
E 010.4430.5605
3.50
3.50
49.92
148889
0212312011 008286 DATAARC LLD
1144
0210112011
E 350.5438.7301
8
8,282.60
8,282.60
148890
02123/2011 000577 LEONARD D B DE LOS SANT S
32714
0210412011
E 010.4424.5351
238.00
238.00
238.00
148891
02123/2011 006703 SANDRA N. DEAL PH.D
021111
02111/2011
E 010-4201-5316
325.00
325.00
325.00
Agenda Item 8.a. Page: 22
Page 24
p kHist Check History Listing Page: 23
02/2412011 10 :02AM CITY OF ARROYO GRANDE
Bank code: boa
Check 0 Date Vendor
148892 02123/2011 000208 J B DELI AR, I N
148893 02/23/2011 00 848 DNB INDUSTRIAL SUPPLY
148894 02/23/2011 001525 FERGUSON ENTERPRISES,
148895 02/23/2011 007481 GALLS -AN ARAM ARK CO
148898 02/2312011 005301 I MA
148897 02/23/2011 002820 I N DOFF, INC
Status ClearNoid Date Invoice
752313
Inv. Date Amount Paid
01/31/2011
E 010.4201.5608 100.14
100.14
100.14
549883 0912812010
E 010.4420.5601 243.56
243.56
243.56
8852057 01/27/2011
E 640.47 12.5610 274.60
274.60
6889995 02/02/2011
E 350.5910.7001 88.70
88.70
363.30
3478332 02/0812011
E 010.4201.5504
1 ,828.28
1,823.28
1,823.28
345139 02/18/2011
E 010.4101.5503
1,106.00
1,106.00
1,106-00
1809223 0112412011
E 010.4213.5255
103.11
E 010.4421.5201
148.78
311.89
311.89
Check "dotal
Agenda Item 8.a. Page` 23
Page 25
apCkHi t Check History Listing Page:
0212412011 10 :0 AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Dat Vendor
148898 0212312011 005201 ,SAS PACIFIC
Status ClearNoid Date Invoice
BI 10703
Inv. Date Amount Paid
02/04/2011
E 01 0.4212.5303 3.840.00
535.06
Agenda Item 8.a. Page'
Page 26
Check Tots I
3,840.00
3,840.00
148899
02/23/2011
004015 DAN LA GSTAFF
022311
0212312011
E 010.4201.5501
279.72
E 010.4201.5501
140.00
419.72
419.72
148900
02123/2011
008333 MAR IN CONSULTING
022311
02/2312011
E 010.4201.5501
275.00
275.00
275.00
148901
0212312011
005151 MICHAEL MARTINEZ
0223
0212312011
E 01 0.4201.5501
477.05
E 010.4201.5501
220.00
657.05
697.05
148902
02/2312011
000426 MIER BR OS LANDSCAPE
173745
0111212011
E 640.4712.5610
166-39
166.39
1 73523
01/04/2011
E 640.4712.5610
140.25
140.25
174168
01/25/2011
E 640.4712,5610
114.19
114.15
173541
01/0512011
E 640.4712-5610
114.19
535.06
Agenda Item 8.a. Page'
Page 26
Check Tots I
ap kHist Check History Listing Page:
0212412011 10:02AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor
148903 0212312011 007760 O LIVIA MILLER
Status Clear/Vold Date Invoice
0111
Inv. Date Amount Paid
0212312011
E 010.4424.5351 345.66
345.66
3a5.so
148904
0212312011
000441 MULLAHE Y FORD D
F 212137
0111312011
E 640.4712-5601
31 3.64
31 3.64
139962
11/12/2010
E 646.4712.5601
138.34
138.34
451.98
148905
02123/2011
000481 PACIFIC GAS & ELECTRIC
2/10 - 190318
0211012011
E 010.4145.5461
8.58
8.58
8.58
148966
0212312011
008162 PAGE & TURNBULL
10525
0110712011
E 2 84.41 3.530 3
1
1,066.60
1,60.60
148907
0212312611
000503 POOR RICHARD'S HAF D'S PRESS,
218028
0112512011
E 610.4162.5255
343.85
343.85
217917
6112612011
E 01 0.4102.5255
342.56
342.56
217538
0110612611
E 01 .4102.5255
235.99
235.99
218177
0113112611
E 616.4102.5255
194. 12
194.12
Page: 2
Agenda Item 8.a.
Page 27
C heck T
p klilst Check History Listing Page: 26
82/24/2011 1 : 2AM CITY OF ARROYO F ANDE
Bank code: boa
Check # Date Vendor
w
Status Clear/Vold Date Invoice
Inv. Date Amount Paid
C heck Tota I
218229
217502
216937
21702
11/09/2010
19/14/2019
E 010.4102.5255
177.46
E 010.4213.5604
177.46
01/07/2011
E 919.4192.5255
151 A3
12/29/2919
151.43
12/08/2010
010.4201.5803
E 919.4102.5255
124.63
124.83
01/13/2011
11/18/2010
01 0.4102.5255
42.41
42.41
148908 02/23/2011 008898 POSTAL CONCEPTS
148909 02/23/2011 004184 RETAIL ACQUISITION DE V,
148910 92/23/2911 002142 SAN LUIS PAPER CO
148911 02/23/2011 000598 SNAP-ON TOOLS CORP
1 130
19/14/2019
E 010.4213.5604
20,88
20,88
20790682
12/29/2919
010.4201.5803
82.77
82.77
614213
11/18/2010
919.4429.5895
40.00
49.00
202180
11/24/2010
E 229.4393.5273
31.27
31.27
1,812.45
20.88
82.77
40.00
31.27
Agenda Item 8.a. Page.
Page 28
apCkHlt Check History Listing Page: 27
0212412011 10 :02AM CITY OF ARROYO GRANDE
Bank code: boa
Check #
Date
Vendor
Status Clear/Vold Date Invoice
Tana, Date
Amount Paid
Check Total
148912
02/23/2011
000602 SOUTH SLO COUNTY 6ANIT
01312011
01/3112011
B 760.0000.2304
114,123.73
B 760.0000.2305
4
E 01 0.4145.5401
1 5.30
E 010.4145.5401
15.30
E 010.4145.5401
15.30
E 010.4145.5401
15.30
E 01 0.41 45.5401
15.30
E 01 0.4145.5401
15.30
119,170.53
119,170.53
1 43913
02/2312011
006845 STANLEY CONVERGENT
8003803
01/28/2011
E 640.4712.5603
108.00
106.00
196.00
148914
02!23/2011
000616 STERLING
26022
0210112011
E 612.4610.5603
31 3.92
313.92
26027
0210212011
E 640.4712.5603
53.84
53.84
367.76
148915
02/23/2011
000 53 DOROTHY Tf UL
022311
02/2312011
E 010.4424.5351
153.60
153.60
153.60
140910
02/23/2011
006551 UNITED STAFFING ASSOC.
074647
02/0212011
E 840.4712.5303
1
1,063.60
1
Agenda Item 8.a. Pas` 2
Page 29
ap kHist Check History Listing Page:
02/24/2011 10 :0 AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Data Vendor
14891 02/23/2011 000860 USA BLUE BOON
148918 02/23/2011 000877 PEY VALI
148919 02/23/2011 000885 WALLACE GROUP A CALIF
148920 02/2312011 0026091 ATE B YS PLUMBING
148921 0212312011 00833211 ELLS FARGO BAN
Status ClearfVoid Date Invoice
323438
02181'1
30879
18252
733889
800.00
148922 02/23/2011 002324 MICHAEL ZIGELMAN
137 checks in this report
022311
01/31/2011
E 840. 12.5810
02/18/2011
E 010.4424.5351
11/11/2010
E 840.4710.5303
02/01/2011
E 010.4213.5303
02108/2011
E 470.4850.5555
02/23/2011
E 010.4201.5501
49.33
49.33
188.80
188.80
750.00
750.00
1,022.80
1,022.80
800.00
171.91
171.91
boa Total:
Total Checks:
49.33
188.80
750.00
1 , 022.80
800.00
171.9'1
445,966.31
445,966.31
Inv. Date Amount Paid Check Total
Agenda Item 8.a. Page:
Page 30
ATTACHMENT
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
7!417011 - 2/1712011
07!75111
FUND 010
299,752.11
FUND 220
16,994.64
FUND 226
1
FUND 284
923.42
FUND 285
1
FUND 790
125
FUND 612
6
FUND 640
20, 501.80
Holiday Pay
474
O VERTIME BY DEPARTMENT:
Adman. Support Services
-
Community Development
-
Police
6
Fire
11,780.94
Govrnment Bldg Maint.
Sick Leave Buyback
Engineering
5113
Fleet Maintenance
6,964-88
Parrs
Comp Pay
Recreation - Admn
5115
I ec - Special Events
-
Children In Motion
-
Soto Sport Complex
5122
Public Works Maintenance
435.64
5123
18,936.19
5101
Salaries Full time
206,537.22
5102
Salaries Part - Time - PPT
18,455.76
5103
Salaries Part -Time - TPT
28,558.57
5105
Salaries OverTime
18 936-19
5107
Salaries Standby
363.75
5108
Holiday Pay
14,958.20
5109
Sick Pay
8, 521.84
5110
Annual Leave Buyback
-
5111
V acation Buyback
7,571.44
5112
Sick Leave Buyback
-
5113
V acation Pay
6,964-88
5114
Comp Pay
6,337.72
5115
Annual Leave Pay
1,403.79
5121
PERS Retirement
75
5122
Social Security
22
5123
PARS Retireme
606.75
5126
State Disability Ins.
1
5127
Deferred Compensation
633.21
5131
Health Insurance
45
5132
Dental Insurance
4
5133
Vision Insurance
1,072.89
5134
Life Insurance
449,11
5135
Long Term Disability
851.06
5143
Uniform Allowance
-
5144
Car llwarnce
675.00
5146
Council Expense
-
5147
Employee Assistance
217.36
5143
Boot Allowance
-
5149
Motor Pay
75.00
5159
Bi- Lingual Pay
125.00
5151
Cell Phone Allowance
352.50
474,021-42
Agenda Item 8.a.
Page 31
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.a.
Page 32
MINUTES
REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY
TUESDAY, FEBRUARY 8, 2011
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor /Chair Ferrara called the Regular City Council/Redevelopment Agency meeting to order at
7:05 p.m.
2. ROLL CALL
City Council/RDA: Council /Board Member Joe Costello, Council /Board Member Jim Guthrie,
Council /Board Member Tim Brown, Mayor Pro TemNi e Chair Caren
Flay, and Mayor /Chair Tony Ferrara were present.
City Staff Present. City Manager Steven Adams, City Attorney Tarn Carmel, Director of
Legislative and Information Services /City Clerk Kelly Wetmore, Director of
Administrative Services Angela Kraetsch, Fire Chief Mike Hubert,
Building Official Jchnathan Hurst, Associate Planner Ryan Foster,
Associate Planner Kelly Hefferncn, and Community Development Director
Teresa McClish.
3 . FLAG SALUTE
Members of the El Camino -H group led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, delivered the invocation.
5 . SPECIAL PRESENTATIONS
None.
8. AGENDA REVIEW
8.a. Ordinances Read in Title Only.
Council /Board Member Costello moored, Mayor Pro TemNice Chair Flay seconded, and the
motion passed unanimously that all ordinances presented at the meeting shall be read by title
only and all further readings be waived.
7. CITIZENS' INPUT COMMENTS, AND SUGGESTIONS
Members of the public speaking during Citizens' Input, Comment and Suggestions were Brad
Snook, Arroyo Grande resident and Surfrider Foundation Volunteer Coordinator; Btu Jenkins,
representing Point San Luis Lighthouse beepers; Patty Welsh, Pradera Court; Rudy avier,
Rodeo Drive; Jennifer Jos prick, Nipomo resident; and Jeff Pinock, Surfrider Foundation
Chairman.
8. CONSENT AGENDA
Prior to consideration of the Consent Agenda, Mayor Ferrara declared a conflict of interest
related to Item 8.h. due to his ownership o real property within 500 feet of the project and said
he would have to step down.
Agenda Item 8.b.
Page 1
Minutes: City CouncillRedevelopment Agency Meeting
Tuesday, February 8, 2011
Page 2
Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public was
Aaron Henkel regarding Item 8.e. There were no other comments received, and the public
comment period was closed.
Council /Board Member Guthrie requested Item 8.e. be pulled.
Action: Council /Board Member Guthrie moored, and Council /Board Member Brown seconded
the motion to approve Consent Agenda Items 8.a. through 8.g., with the exception of Item 8.e.,
with the recommended courses of action. The motion passed on the following roll -call vote:
AYES: Guthrie, Brown, Costello, Flay, Ferrara
NOES: None
ABSENT: None
8.a. Consideration of Dash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period January 16, 2011
through ,January 31 , 2011.
8.b. Consideration of Minutes.
Action: Approved the minutes of the Regular City Council/Redevelopment Agency
meeting of ,January 11, 2011, as submitted.
8.. Consideration of Authorization to Reject Claim Filed Against the City — Claimant:
Virginia Aubuchon.
Action: Authorized the City Clerk to send a standard rejection letter to the claimant.
8.d. Consideration of Resolution Proclaiming the Termination of a Local Emergency.
Action, Adopted Resolution I . 4338 as follows: " RESOLUTION OF THE CITY
COUNCIL IL F THE CITY OF ARROYO GRANDE, CALIFORNIA, PROCLAIMING THE
TEI 11 I A TI I F A LOCAL EMERGENCY".
Y"
8.f Consideration to Approve Construction Plans and specifications and
Environmental Determination for the Le Point street Improvements and Parking
Lot Expansion Project, PIN 2011-02.
Action: 1 Adopted a Mitigated Negative Declaration; 2 Approved the construction
plans and specifications for the Le Point Street Improvements and Parking Lot
Expansion Project, Directed the City Clerk to file a Notice of Determination; 4)
Appropriated $40,000 from the Downtown Parking Fund; and Appropriated $120,000
from the Transportation Facilities Fund.
8.g. Consideration of Expenditure for Re-Roofing of Gazebo and Public F e tr rn.
[CCIRDA]
Action: Authorized expenditure up to $3,300 for re- roofing of the Centennial Park
Gazebo and Short Street restrm.
ITEMS PULLED FROM THE CONSENT AGENDA
8.e. Consideration of Acceptance of the south Elm and Ash street Sidewalk and
Bicycle Lane Improvements Project PIN 2008-07C.
Recommended Action: 1 Accept the project improvements as constructed by M.E.
Avila Construction Corporation in accordance with the plans and specifications for the
South Elm and Ash Street Sidewalk and Bicycle Lane Improvements Project; 2 Direct
staff to file a Notice of Completion; and Authorize release of the retention, thirty-five
(35) days after the Notice of Completion has been recorded, if no liens have been filed.
Agenda Item 8.b.
Page 2
Minutes: City CouncillRedevelopment Agency Meeting egre
T uesday, February 8, 201
In response to questions and comments by Council Member Guthrie, staff explained that
signage was not included in the project; however, City staff would install additional signs at less
cost. Staff further responded to concerns expressed about the quality of the project, and Council
requested that staff look at mooring Elm Street up on the pavement management program
schedule.
Action: Council Member Guthrie moored to approve Item 8.e., as recommended. Council
Member Brown seconded, and the motion passed on the following roll -call Grote:
AYES: Guthrie, Brown, Costello, Flay, Ferrara
NOES: None
ABSENT: None
Mayor Ferrara declared a conflict of interest because Item 8.h. is related to a project that is
within 500 feet of his residence. He stepped down from the dais and left the meeting.
Mayor Pro Tern Flay took over as Presiding Officer, and Council Member Brown requested that
Item 8.h. be pulled for discussion.
8.h. consideration of Fee Waiver Request by Accurate Architecture & construction;
Recommended Action: Deny the fee waiver request from Accurate Architecture and
Construction for Berry Gardens Specific Plan amendment.
Mayor Pro Tern Flay opened the public comment period. Speaking from the public were Fussell
Read and .John Mack. . There were no other comments received, and the public comment period
was closed.
Council and staff discussion ensued concerning staff's authority regarding the City's fee
schedule; howl application fees are determined based on the cost of the services provided,
including staff time to prepare reports a nd materials; and that staff does not have the authority
to either raise or reduce fees.
Action: Council Member Brown moved to not deny the request for a reduction or fee waiver and
to allow the applicant to present to the City an analysis of why he believes he is entitled to a
lesser fee than the a verage fee of $7,000 that is charged, and that the City do an analysis of
that request and make a determination on whether the request is reasonable, and them bring it
back for Council consideration. Council Member Costello seconded the motion. Discussion
ensued regarding the basis for a fee study and factors used to determine appropriate cost
recovery for various applications. On the following roll call Grote:
AYES: Brown, Costello
NOES: Guthrie, Ray
ABSENT: Ferrara
The ,notion was lost because it failed to receive a majority Grote:
Action: Council Member Guthrie moved to deny the fee waiver request. Mayor Pro Tern Fay
seconded, and the motion passed on the following roll -call Grote:
Agenda Item 8.b.
Page 3
Minutes: : City CouncillRedevelopment Agency Meeting Page
Tuesday, February 8, 2
AYES: Guthrie, Fair, Costello
NOES; Brown
ABSENT: Ferrara
Mayor Ferrara returned to the meeting and re that Item 11.a. be moved up on the
Agenda before the Public Hearing items.
11. NEW BUSINESS
I 'I.a. consideration of Presentation by PG&E on SmartMeter Program.
City Manager Adams presented the staff report and recommended the Council receive a
presentation from PG&E regarding the SmartMeter program and provide direction to staff on
any desired follow -up.
Patricia 'llilmore, PG&E Representative, , introduced .less Brown, who provided a presentation
on PG &E's SmartMeter Program and responded to questions from Council.
Mayor Ferrara opened the public comment period. Speaking from the public was Judy Hick.
There were no other comments received, and the public comment period was closed.
Mayor Ferrara thanked the presenters and acknowledged that additional material is available to
the public concerning the SmartMeter program.
No formal action was taken on this item.
9. PUBLIC HEARINGS
GS
9.a. consideration of Reallocation of Community Development Bloch Grant Funds
from certain Projects Approved in Years 2005, 2007, 2008 and 2009 to Fund the
Removal of Architectural Barriers for flow and Moderate Income People with
Severe Disabilities by installation of an Elevator at 300 East Branch street.
Associate Planner Heffernn presented the staff report and recommended the Council adopt a
Resolution, as modified, approving the reallocation of CDBG funds. She noted the proposed
reallocation amount had been revised to $63,925.69 as the Literacy Council is able to be
reimbursed for 2009 expenditures.
Council questions and comments ensued regarding the proposed reallocation o f funds.
Mayor Ferrara opened the public hearing. Speaking from the public were Pearl Munick,
representing Transitional Food and Shelter, and John Spencer, Spencer's Market. There were
no other comments received, and the public hearing was closed.
Acton: Council Member Costello moved to adopt a Resolution, as modified, as follows: ' "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING
REALLOCATION COMMUNITY UNITY 1 L PMENT BLOCK GRANT C FUNDS FROM
CER TA I1 PROJECTS APPROVED IN YEARS 2005,, 2007, 2008 and 2009 TO FUND THE
REMOVAL OF ARCHITECTURAL BARRIERS FOR LOW AND MODERATE INCOME
Agenda Item 8.b.
Page 4
Minutes: City CouncillRedevelopment Agency Meeting Page 5
Tuesday, February 8, 2011
PEOPLE WITH SEVERE ISA WLITI S BY INSTALLATION AN ELEVATOR AT 300
EAST BRANCH STREETIF. Council Member Guthrie seconded, and the motion passed on the
following roll call vote:
AYES: Costello, Guthrie, Brown, Ray, y, Ferrara
NOES: None
ABSENT: None
9.b. Consideration of an Ordinance Amending Municipal ipal Dude sections 16.04.070(C),
16.32.030(A) and 18.48.080 to Allover Founding Up for a Fractional Unit 0.51 or
Greater when Calculating Allowable Density in the Multiple - Family Zoning District;
Applicant — City of Arroyo Grande; Location — Citywide.
Associate Planner Heffern n presented the staff report and requested the Council introduce an
Ordinance amending portions of Title 16 of the Municipal Code to allow rounding up for a
fractional unit when calculating allowable density in the Multi - Family (MF) zoning district.
Mayor Ferrara opened the public hearing. Spearing from the public was Carolyn Jones. There
were no other comments received, and the public hearing was closed.
Action: Council Member Brown moved to Introduce an Ordinance as follows: "A1
ORDINANCE ANC THE CITY COUNCIL 1 CIL F THE CITY OF ARROYO GRANDE AMENDING
SECTIONS 16.04.070(C), 16.32.030(A) AND 16.4&060 F ARROYO GRANDE MUNICIPAL
CODE REGARDING ROU ING UP FOR A FRACTIONAL UNIT OF 0.51 OIL GREATER
WHEN ill CALC L4TING ALLOWABLE DENSITY IN THE MULTI-FAMILY MF ZONING
DISTRICT, DEVELOPMENT CODE AMENDMENT CASE NO. 10-003. Mayor Pro Tern Flay
seconded, and the emotion passed on the following roll call vote:
AYES: Brown, Flay, Guthrie, Costello, Ferrara
NOES: None
ABSENT: None
Mayor Ferrara declared a conflict of interest relating to Items 9.c., 9.d. and 9.e. due to
ownership of real property within 500 feet of the proposed project, stepped down from the dais,
and left the meeting.
Mayor Pro Term Flay took over as Presiding Officer and called for a break at 9:00 p.m. The
Council reconvened at 9:05 p.m.
9.0. Consideration of specific Plan Amendment 10-001; Amend the Berry Gardens
Specific Plan as it Relates to Development of subareas 3 and ; Location -
Southwest Corner of East Grand Avenue and south D urtland street; Applicant:
AFT Commercial.
Community Development Director McClish requested that the Council consider a revised
recommendation to continue Items 9.., 9.d. and 9.e. in response to a letter received this
evening from Mr. John Mack to allow staff time for further study and potential expansion of the
Initial Study document. In consideration of all issues raised and the public in attendance, staff
Agenda Item 8.b.
Page 5
Minutest City CouncillRedevelopment Agency Meeting Page e 6
Tuesday, February 8, 201
also recommended the presentation for Item g.c. proceed; however, the council was requested
not to take any action this evening.
Director Mcclish presented the staff report.
Marty Inouye, Omni-Means traffic consultant, provided a background of his company which
specializes in transportation planning, impact assessment, and finance; provided information on
traffic peer - review required for various projects relative to the city's Traffic Impact Study Policy;
and responded to questions from Council.
Director Ilcclish continued presentation of the staff report addressing setbacks, parking
standards, maximum building size, bus turnout, and responses to public comment.
Marty Inouye then provided an overview of the Traffic Model assumptions and on-site truck
movement analysis using a computer simulation, and responded to questions from council.
Mayor Pro Tern Ray opened the public hearing. Speaking from the public in favor of the
proposal were carol Florence, representing NKT Commercial, and Scott Smith, representing
Peoples' Self Help Housing. Speaking from the public in opposition to the proposal and
expressing concerns about the Initial Study as it relates to potentially significant environmental
impacts, use saturation as it relates to grocery stores, open space, truck turning radiuses, traffic
impacts, traffic lane turn pockets, street width, storm water run -off, truck deliveries, truck
access, and truck deliveries were John Mack, Zora High, Patrick Dempsey, Bill Nance, Doug
Gaiger, lent H rejsi, Carla Miley, Marty Scala, Shannon Dempsey, Terry Berkeley, Aaron
Henkel, Del Clegg Richard Bj rk, Beatrice Spencer, Maggie Summers, Beth Stepnit , Kelly
Hard, Mike Zimmerman, Jeff Buhler, Benadene Duffin Richard Duffin, Michael 'Morrow,
Wendy Beckham, John Spencer, Eric cook, and Mendell Wilkes. There were no other
comments received, and the public hearing was closed.
Mayor Pro Tenn Ray noted that council policy requires a unanimous Grote to continue the
meeting past midnight.
Action: council Member Guthrie moored to continue the meeting past midnight, Mayor Pro Tenn
Flay seconded, and the motion passed unanimously by voice Grote.
Council and staff comments ensued regarding truck staging; General Plan land use policies as it
relates to a project on this site; definition o collector street; Mixed Use zoning definitions; truck
size, volume, access, loading and queing issues; and pedestrian orientation on the site. It was
requested that the Specific Plan truck simulation be modified to include demonstration of a
second truck delivery; assumptions of number of trucks be verified to ensure they reflect actual
industry practices; that the definition of Mixed Use be addressed to determine whether the
project meets Mixed Use standards; and that pedestrian accessibility within the project is
reviewed as it relates to the Specific Plan and the General Plan.
Action: council Member Brown moved to continue the public hearing to a date uncertain.
Council Member Costello seconded, and the motion passed on the following roll call Grote:
Agenda Item 8.b.
Page 6
Minutes: Cit CouncillRedevelopment Agency Meeting Page 7
Tuesday, February 8, 201
AYES: Brown, Costello, Guthrie, Flay
DOES: hone
ABSENT: Ferrara
9.d. Consideration Of Tentative Parcel Map 10-001 and Conditional Use Permit 10-001;
Subdivide 4.47 Acres into Four (4) Parcels Of 0.51, 0.59, 2.88 and 0.57 Acres and
Construct Four (4) commercial Buildings Of 8,800, 8 35,788 and 5,700 Square -
Feet Respectively; Lo ation - Southwest corner Of East Grand Avenue and South
Co rtland Street; Applicant: ITT commercial.
Recommended Action: The Planning commission recommends the city Council adopt
a Resolution olution approving Tentative Parcel Map 10 -001 and conditional Use Permit 10-
00 1.
Action: council Member Brown moved to continue the public hearing to a date uncertain.
Council Member Costello seconded, and the motion passed on the following roll call vote:
AYES: Brown, Costello, Guthrie, Ray
TOES: None
ABSENT: Ferrara
9.e. consideration of Conditional Use Permit 10 -003, construct a Thirty -Six (36) Unit
Apartment Complex on 1.83 Acres; Location - Southwest Corner Of East Grand
Avenue and South Courtland Street; Applicant - Peoples' Self -Help Housing
Corporation and Affordable Housing and Loan Agreement.
[CC /RDA]
Recommended ommended Action: The Planning Commission recommends the city Council adopt
a Resolution olution approving Conditional Use Permit 10 -003. In addition, staff recommend
that the Redevelopment Agency Board of Directors adopt a Resolution olution a roving an
affordable housing and loan agreement and authorize the Executive Director to execute
the agreement.
Action: council Member Brown moved to continue the public hearing to a date uncertain.
Council Member Costello seconded, and the motion passed on the following roll call vote:
AYES: Brown, Costello, Guthrie, Ray
NOES: None
ABSENT: Ferrara
10. CONTINUED BUSINESS
None
12. CITY COUNCIL MEMBER ITEMS
None.
13. CITY MANAGER ITEMS
None.
Agenda Item 8.b.
Page 7
Minutes: City C uncillJ edevelopment Agency Meefing Page 8
Tuesday, February 8, 201
14. COUNCIL COMMUNICATIONS
None.
15. STAFF COMMUNICATIONS
City Manager Adams gave a status report on the upcoming City Hall relocation and move.
16. COMMUN11 COMMENTS AND SUGGESTIONS
None.
1. ADJOURNMENT
Harr Pro Tern Ray r ad j urned the meeting at 12:41 a.m. to the Special City Council Meeting
(Budget Goals Workshop) at 6:00 p.m. on Thursday, February 17, 2011 at the City of Arroyo
Grande and Woman's Club Community Center located at 211 Vernon Street, Arroyo Grande.
Tony Ferrara, Mayor/Chair
ATTEST:
Kelly Wetmore, City Clerk/Agency secretary
(Approved at CC Mtg
Agenda Item 8.b.
Page 8
MINUTES
SPECIAL MEETING F THE CITY COUNCIL
TUESDAY, FEBRUARY 22, 2011
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
NIA
I. R CALL:
Mayor Ferrara called the special meeting to order at 6:30 p.m. Council Member Joe Costello,
Council Member Caren flay, Council Member Tim Brown, Mayor Pro Tern Jim Guthrie, City
Manager Steven Adams, and City Attorney Tim Carmel were present.
2. PU BLIC COMMENT:
None.
3 . CITY COUNCIL CLOSED SESSION:
a. CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation
Initiation of litigation pursuant to Government Code Section g.gc: 1 ease
4 . RECONVENE TO OPEN SESSION:
Mayor Ferrara announced that there was no reportable action from the closed session.
5 . ADJOURNMENT:
The meeting was adjourned at 6:44 p.m.
Tony Ferrara, Mayor
ATTEST:
Kelly Wetmore, City Clerk
{Approved at CC Mtg 1
Agenda Item 8.b.
Page 9
MINUTES
REGULAR LAF MEETING F THE CITY C IJ CIU EDEVEL PMEIITAGENCY
TUESDAY, FEBRUARY 22, 2011
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO (AIDE, CALIFORNIA
1. CALL TO ORDER
Mayor/Chair Ferrara called the regular City Council/Redevelopment Agen y meeting to order at
7:07 p.m.
2 . DOLL CALL
City Council/RDA: Council /Board Member Joe Costello, Council/Board Member Jim Guthrie,
Council /Board Member Tim Brown, Mayor Pro Tem i e Chair Caren
Ray, and Mayor/Chair Tony Ferrara were present.
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Legislature and Information Services /City Clerk belly Wetmore, Director of
Administrative Services Angela Kraets h, Chief of Police Steven Annibali,
Fire Chief Mike Hubert, Director of recreation and Maintenance Services
Doug Perrin, Maintenance Services Supervisor Shane Taylor, and
Community Development Director Teresa McClish,
3. FLAG SALUTE
Bill Weitkamp, representing Arroyo Grande Valley Kiwanis Club, led the Flag Salute.
4. INVOCATION
Mayor Ferrara delivered the invocation.
5 . SPECIAL PRESENTATIONS
ITATIONS
5.a. Honorary Proclamation Recognizing February 22,2011 as "Spay Day USA ".
Mayor Ferrara read and presented the Proclamation to Karen Buehnerkemper, a representative
from Feline Network of the Central Coast.
5.b. Honorary Proclamation Declaring February, 2011 as "Grand Jury Awareness
Month ".
Mayor Ferrara read and presented the Proclamation to al McClure, former Grand Juror and
Ellen P iinsky, current Grand Juror of the San Luis Obispo Grand Jury.
5 .c. Presentation from the Economic Vitality Corporation (EVC).
Mike Manchak, E C Executive Director, provided a presentation entitled "Clusters of
Opportunity—Economic Strategy for San Luis Obispo ", which provided background information
on the E C county-wide economic challenges, and components of the Economic Strategy
Project.
Agenda Item 8.b.
Page 10
Minutes: City CouncillRedevelopment Agency Meeting Page
Tuesday, February 22, 2011
8. AGENDA FEVI EI
8.a. Ordinances Read in Title Only.
Council Member Brown moved, Council Member Costello seconded, and the motion passed
unanimously that all ordinances presented at the meeting shall be read by title only and all
further readings be waived.
7. CITIZENS' S' If PUT, COMMENTS, AID SUGGESTIONS
The following member of the public spore during Citizens' Input, Comment and Suggestions:
John Mack,
8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public was
John Mack regarding Item 8.g. There were no other comments received, and the public
comment period was closed.
Mayor Pro Tenn Ray requested that Item 8.d. be pulled.
Council Member Guthrie requested that Item 8.g. be pulled.
Action: Council Member Brown moved, and Council Member Costello seconded the motion to
approve Consent Agenda Items 8.a. through 81, with the exception of Items 8.d. and 8.g., with
the recommended courses of actin. City Attorney Carmel read the full title of the Ordinance in
Item 8.1. The motion passed on the following roll -call Vote:
AYES: Brown, Costello, Guthrie Flay, Ferrara
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period February 1, 2011
through February 15, 2011.
8.b. Consideration of statement of Investment Deposits.
Action: Received and filed the report listing the current investment deposits of the City,
as f January 31, 2011, as required by Government Code Section 53646(b).
8.. Consideration of a Resolution Designating Authorized Agents for the Purpose of
Obtaining Federal Financial Assistance.
Action: Adopted Resolution N . 4340 as follows: "A RESOLUTION OF THE CITY
COUNCIL 1 CIL THE CITY OF ARROYO GRANDE DESIGNATING AUTHORIZED
AGENTS FOR THE PURPOSE TAI1 I1 G FEDERAL FINANCIAL
ASSISTANCE .
8.e. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council/Redevelopment Agency
Meeting of January 2, 2011, as submitted.
8.f. Consideration of Minutes Format for City Council/Redevelopment Agency
Meetings.
Action: Adopted Resolution I . 4341 as follows: " " RESOLUTION OF THE CITY
COUNCIL 1 CIL THE CITY OF ARROYO Al AUTHORIZJNG ACTION MINUTES
FOR CITY COUNCIUREDEVELOPMENT AGENCY 1 TINES
Agenda Item 8.b.
Page 11
Minutes: City CouncillRedevelopment Agency Meeting Page
Tuesday, February 22, 201
8.h. Consideration of Renewal ral of the Exclusive Vendor Police Tow service Agreement.
Action: 1 Approved and authorized the City Manager to execute a two -year exclusive
vendor police tow service agreement with College Towing for light and medium -duty
towing; and 2 Approved and authorized the City Manager to execute a two -year
exclusive vendor police tow service agreement with J hnB y's Towing for heavy -duty
towing.
8.i. Consideration of Amendments to Cellular Tower Lease Agreements with New
Cingurlar tireless.
Action: 1 Approved the first amendment to the land lease agreement with New
Cinguiar Wireless P S, LLC for operation of a telecommunications site at 1275 Ash
Street; and 2 Approved the first amendment to the lard lease agreement with New
Cingular Wireless PCS, LLC for operation of a telecommunications site at 300 Reservoir
it
R
8.j. Consideration of Lease and Reimbursement Agreements with Manuel Estrella for
in 's Restaurant Outdoor Dining Area.
[COUNCIURDA]
Action: 1 Approved and authorized the Mayor to execute a lease agreement with
Manuel Estrella for use of City right -of -way for an outdoor dining area; 2 Approved and
authorized the City Manager to execute a reimbursement agreement for expenses
related to construction of the outdoor patio improvements; vements; Authorized the City
Attorney and City Manager to mare minor modifications as necessary; and 4
Reprogrammed grammed up to $5,000 in Redevelopment pment Agency funds for expenses related to
public improvements associated with the patio improvements.
8.k. Consider ation of Program Supplement Agreement No. g -N to Administering
Agency -Mate Agreement No. 05-5199-R for the South Elm and Ash street
Sidewalk and Bicycle Improvements Project, P 1I 2008-07C.
Action: Adopted Resolution No. 4342 as follows: "A RESOLUTION THE CITY
COUNCIL THE CITY OF ARROYO GRANDE AUTHORIZING ZING TAY MAYOR T
EXECUTE PROGRAM S UPPL EME TA L AGREEMENT T 1110. 009-N T
ADMINISTERING AGENCY -S TA T A GREEME 11 T NO. 05-5199-R FO1 THE SOUTH
TH
ELM AND ASH STREET SI ALI Al BICYCLE IMPROVEMENTS OFF
8.1. Consideration of Adoption of an Ordinance Amending Municipal Code sections
18.04.070(0), 16-32.030(A) and 18.48.080 to Allow Rounding Up for a Fractional
Unit of 0.51 or Greater When Calculating Allowable Density in the Multiple-Family
Zoning District; Applicant — City of Arroyo Grande; Location — Citywide.
Action: Adopted O rdinance No. 630 as follows: "AN ORDINANCE OF THE CITY
COUNCIL IL THE CITY OF ARROYO GRANDE AMENDING MUNICIPAL CODE
SECTIONS 18.04.070(0), 16.32.030(A) AND 16.48.080 TO ALLOW ROUNDING C R
FOR A FRACTIONAL UNIT OF 0.51 OR GREATER WHEN CALCULATING
ALLOWABLE DENSITY 1111 THE MULTIPLE-FAMILY 11ING DISTRICT
(DEVELOPMENT CODE AMENDMENT CASE 1110. - 003} ,.
ITEMS PULLED FROM THE CONSENT AGENDA
8.d. Consideration of Acceptance of the Comprehensive Annual Financial report.
Recommended Action: Receive eive and file the Comprehensive Annual Financial Report
for the fiscal year ended June 30, 2010.
Agenda Item 8.b.
Page 12
Minutes.- Cit CouncillRedevelopment Agency Meeting Page
Tuesday, February 2Z 2011
Mayor Pro Tern Flay commended Director of Administrative Services F raets h and staff for an
unqualified opinion on the audit. Upon request, Director Kraets h briefly explained the meaning
of an unqualified opinion and the resulting benefits to the City
Action: Mayor Pro Tern Flay moved to accept the Comprehensive Annual Financial Report rt for
the fiscal year ended ,tune 30, 2010. Council Member Brown seconded, and the motion passed
on the following roll -call vote:
AYES: Flay, Brown, Costello, Guthrie, Ferrara
NOES: None
ABSENT: None
8.g. Consideration of status Report rt n Retention n Basins.
Recommended mmended Action: Receive and file the status report regarding the capacity and
operation of the City's retention basins.
Upon request by Council Member Guthrie, Director Perrin and Supervisor Taylor provided a
brief report on the status, capacity, and operation of the City's retention basins.
Action: Council Member Guthrie moored to receive and file the status report regarding the
capacity and operation of the City's retention basins. Council Member Brown seconded, and the
motion passed on the following roil -call Grote:
AYES: Guthrie, Brown, Costello, Ray, Ferrara
NOES: None
ABSENT: None
9 . PUBLIC HEARINGS
None.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
1I.a. Consideration f Analysis and Options Regarding Provision of .point Fire and
Police Dispatch Services.
Recommended mmended Action: Revie w alternatives and provide staff direction regarding
provision of joint Fire and Police dispatch services.
City Manager Adams presented the staff report and Chief Annibali reviewed the proposed
Alternatives A through 1= regarding the provision of joint fire and police dispatch services. staff
responded to questions from the Council.
Mayor Ferrara opened the public comment period. Spearing from the public were stage Loomis
and John Keen. There were no other comments received, and the public comment period was
closed.
Agenda Item 8.b.
Page 13
Minutes: City CouncillRedevelopment Agency Meeting Page
Tuesday,, February 22, 201
Action: Mayor Pro Tern Ray moved to recommend Alternative A which is that all public safety
communications would be provided from Arroyo Grande and hoping that we could come to
some agreement with Grover Beach with regard to their employee reduction issues and staffing,
and also, provide direction to staff to pursue Alternative F in the form of a more detailed cost
estimate to provide consolidated police services to the City of Grover Beach on a contract basis.
Council Member Costello seconded, and the motion passed on the following roll call vote:
AYES: Flay, Costello, Guthrie, Brown, Ferrara
NOES: None
ABSENT: None
12. CITY COUNCIL REPORTS
TS
The Mayor and Council Members provided brief reports from the following committee,
commission, board, or other subcommittee meetings that they have attended as the City's
appointed representative.
(a) Mayor 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) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee
(b) Mayor Pro Tern Ray:
(1) Economic Vitality Corporation (EVC).
{2} California Joint Powers insurance Authority (CJPIA)
(3) Tourism Committee
(c) Council Member Costello:
(1) Zone 3 Water Advisory Board
(2) Air Pollution Control District (APCD)
(3) Five Cities Fire Authority (FCFA)
(c!) Council Member Guthrie:
(1) South County Area Transit (SCAT)
{2} Community Action Partnership (CAPSLO)
{3} Homeless Services Coordinating Council (HSOC)
{e} Council Member Brown:
(1) Integrated Waste Management Authority Board (IWMA)
(2) County Water Resources Advisory Committee (WRAC).
13. CITY COUNCIL MEMBER ITEMS
None.
14. CITY MANAGER CEFL ITEI is
a Request for Direction Regarding Drafting of Potential ordinance Restricting Sale
of Flowers and other Merchandise from Parking Lots on a Temporary Basis.
Agenda Item 8.b.
Page 14
Minutes: City CouncillRedevelopment Agency Meeting Page 5
Tuesday, February 2Z 2011
City Manager Adams provided a status report and requested direction from the Council.
Following brief Council discussion, staff was directed to continue enforcing the City's current
Temporary Use Permit regulations for sales of flowers and other merchandise from parking lots
and to not pursue preparation o f an ordinance at this time.
15. COUNCIL COMMUNICATIONS
In follow up to a previous request by Council Member Brown, City Manager Adams spoke
regarding the City is engineering services agreement with Wallace Group, acknowledged some
of the projects that are currently underway, and indicated that staff~ could go out to bid for
engineering services later on in the year.
May Ferrara reported on his attendance at a League of California Cities Board meeting in
which an analysis regard the status of redevelopment and redevelopment agencies was
received.
Mayor Pro Tear Flay announced her appointment to the League of California Cities
Transportation Policy Committee.
Mayor Ferrara announced the City of Pismo Beach's participation in Arroyo Grande's
Centennial Celebration with their purchase o f a street light banner.
16. STAFF COMMUNICATIONS
City Manager Adams provided an update on the status of the City Hall move and associated
temporary office closures during the relocation.
17. COMMUNITY COMMENTS MEI TS AI D SUGGESTIONS
None.
17. ADJOURNMENT
Mayor /Chair Ferrara adjourned the meeting at g:g p.m.
Tony Ferrara, Mayor / hair
ATTEST:
Kelly Wetmore, City Clerk/Agency Secretary
{Approved at CC Mtg
Agenda Item 8.b.
Page 15
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.b.
Page 16
RO
INCORPORATED
� JULY 10. 7911
MEMORANDUM
',�
4
TO: CITY COUNCIL
FROM: DOUG PERRIN, DIRECTOR OF RECREATION & MAINTENANCE
SERVICES /0.j
SHANE TAYLOR, MAINTENANCE SERVICES SUPERVISOR — UTILITIES
SUBJECT: CONSIDERATION OF AWARD OF BID FOR THE PLUMBING RETROFIT
PROGRAM
DATE: MARCH 8, 2011
RECOMMENDATION:
It is recommended that the City Council:
1. Award the Plumbing Retrofit it Bid to Waterboys Plumbing Inc. in the amount of
$ 1031 P 770. 00;
2. Authorize the Mayor to execut the contract;
3. Direct staff to issue the Notice a of Award and Notice a to Proceed along with other ne
contract do c u ments.
FINANCIAL IMPACT:
A total of $1 70,000 is allocated in the FY 2010/11 Budget in Water Neutralization atlon Contractual
Services (account 226 - 4306 - 5303), which includes funds for the continuation of the Plumbing
Retrofit it Program .
B ACKGROUND:
The City Council adopted a Water Conservation Program on May 13, 2003. Phase I of the
program began in April of 2004 and was focused on retrofitting existing residential plumbing
with low flow fixtures. Over the last 6 }rears, a total of 1,696 single family homes, 51
apartment units, 161 mobile homes, 1 motel units, 5 church facilities, and 5 cornmercial
establishments have been retrofitted. A total of 3,048 toilets, 3,782 faucet aerators, 1, 729
howerheads, and 352 pressure regulators were installed. The total cost to date for Phase I i
$ 1 7 022,824.06.
In 2005, the City adopted the Mandatory Retrofit Program Upon Change of Ownership of Real
Property. A total of 533 properties have been issued Hater Conservation Certificates
indicating that these residences comply with the ordinance. An estimated 0 -acre feet of water
per year has been conserved due to the retrofit program.
Agenda Item 8.c.
Page 1
CITY COUNCIL
CONSIDERATION of A WARD of BID FOR THE PLUMBING RETROFIT PROGRAM
MARCH 8, 2011
PAGE 2
On August 14, 2007, va erboys Plumbing, Inc. was awarded a one year contract, which
included options for two, one year extensions. During the length of their contract, vaterboys
Plumbing, Inc. has performed to a satisfactory level and the City has received many favorable
comments regarding the quality of workmanship and product.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve staff's recommendation to award the bid to Waterboys Plumbing, Inc.;
- Do not approve staff's recommendation to a ward the bid;
- Modify as appropriate and approve staff's recommendation; or
- Provide direction to staff.
ANALYSIS of ISSUES:
In 200 4, the program targeted 4,357 single family homes and 44 apartment complexes. After
6-1/2 years, 0% of the homes and 90 of the apartment complexes the City has retrofitted.
In addition, mobile homes and commercial properties were added to the program. Indoor
water conservation using retrofitting has proven to be very reliable and consistent. The per
capita consumption for 2010 was 157 gallons per day per person compared to 170 gallons per
day per person in 2009. Phase II programs have also helped conserve water with washing
machine rebates, cash for grass, and large landscape audits.
On August 1, 2010 the City Council extended the contract with vaterboys Plumbing, Inc to
allow staff to solicit bids. Two bids were received and Waterbo rs Plumbing. Inc. was the low
bidder.
ADVANTAGES:
Every family residential property retrofitted conserves approximately 10,000 gallons of water
per gear. Qualified property owners may still take advantage of the program and receive free
retrofitting to comply with the Mandatory Retrofit rofi Upon Change of ownership Ordinance.
DISADVANTAGES:
Awarding the contract will deplete funds available for Phase II of the dater Conservation
Program by up to $103,770.
EN VIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, March 3, 2011. The Agenda
and staff report were posted on the City's website on Friday, March 4, 2011. No public
comments were received.
Attachments:
1. Bid opening Log Sheet
Agenda Item 8.c.
Page 2
r
vt Rr)
BID OPENING LOG SHEET
Deadline: February 22,2011;2:00p.m.
Plumbing Retrofit Program
SUBMITTED BY:
R e ' Rex's Footer Plumbing Inc
Waterboys Plumbing Inc.
TOTAL
148,020-00
103,770.00
Kelly Wetn4ore, ty Clerk
c: City Manager
Director of Recreation n and Maintenance services
Maintenance supervisor
ATTACHMENT I
Agenda Item 8.c.
Page 3
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.c.
Page 4
RO
J6- WCORPORATED
" "' MEMORANDUM
JULY ID, 11941
4
To: CITY COUNCIL
FROM: TER ESA McCLIS14, COMMUNITY DEVELOPMENT DIRECTOR
BY: MIKE LINN, ASSISTANT CITY ENGINEER fliv
SUBJECT: CONSIDERATION ATIOI of AN AWARD of CONTRACT To BROUGH
CONSTRUCTION, INC. FOR CONSTRUCTION of THE LE POINT
STREET IMPROVEMENTS AND PARKING LOT EXPANSION
PROJECT, PW 2011-02
DATE: III A Inc H 8, 2011
RECOMMENDATION:
It is recommended the City Council:
1. award a contract for the Le Point Street Improvements and Parking Lot
Expansion Project to Brough Construction, Inc. in the amount of $501,038.75
($488,038.75 Base Bid $13,000.00 Alte "A");
2. authorize the City Manager to approve change orders for approximately 1 o of
the contract amount, $75,000.00, for unanticipated costs during the construction
phase of the project (total construction costs = $501,038-75 + $75,000-00 =
$578,038.75); and
3. appropriate $14,000.00 from the Transportation Facility Fund towards the Le
Point Street street widening improvements, $5,000.00 from the Water Fund for
the installation of a water line with City forces, and $87,000 from the Downtown
Parking Fund for the Le Point Street parking lot improvements.
FINANCIAL IMPACT:
The Capital Improvement Program Budget includes approximately $560,000, $
from Redevelopment relopment Agency funds, $30,000 from the Downtown Parking Fund, and
$120,003 from the Transportation Facilities Fund (allocated for Le Point Street widening
improvements). Thus far, approximately $73,333 has been spent o encumbered on
planning and design, leaving a balance of approximately $490,000. There is currently
approximately $67,000 in unappropriated funds in the Downtown Parking Fund, which
were derived from parking in -lieu fees paid by the developer of the Short Street Shops
project. Therefore, the remaining $86,000 is proposed to b paid $14,000 from the
Agenda Item 8.d.
Page 1
CITY COUNCIL
CONSIDERATION OF AN AWARD ARD of CONTRACT ACT To B OUCH CONSTRUCTION,
INC, FOR THE LE POINT STREET IMPROVEMENTS TS AID PARKING G LOT
EXPANSION PROJECT, PW 2011-02
MARCH 8, 2011
PAGE 2
Transportation Facility Fund, $5,000 from the Water Fund, and $67,000 from the
Downtown Parking Fund.
BACKGROUND:
On February 8, 2011, the City Council approved the construction plans and
specifications and the environmental determination for the Le Point Street
Improvements and Parking Lot Expansion Project. This project has been a high priority
for the City for s everal years since it provides the only ability to significantly expand
parking in the pillage without having to remove existing structures. Property was
acquired for the project in 2006 and in January the City Council approved a lease with
option to purchase for additional property to expand the project.
The project will construct 78 parking spaces located south and east of the house at 132
Le Point Street. Three terraces will provide a two -way driveway aisle with perpendicular
parking spaces on each side, connected by sloped access driveways and separated by
low. retaining walls and shallow bio-swales below each terrace. The existing access
driveway to the City 7 s existing 23 space public parking lot behind 215 East Branch
Street will be extended west to connect to the existing 34 space leased public parking
of driveway from Le Point Street to provide secondary access.
To enable the project to be constructed within the available funding, staff designed the
project with a base bid schedule and a sepa Alternate "A" for the landscaping. The
landscaping consists of topsoil placement and all plantings. The main irrigation lines
remain in the base bid.
ANALYSIS of ISSUES:
On March 1, 2011, twelve bids were opened for the Le Point Street Improvements and
Parking Lot Expansion Project. "the lowest responsible bid, from Brough Construction,
Inc., was in the amount of $501,038.75 ($488,038.75 base bid + $13,000.00 for
Alternate A). Staff has determined the bid to be responsive and recommends the award
of a construction contract to Brough Construction, Inc.
Staff received a lower bid from G. Sosa Construction in the amount of $484,322.10 for
the Base Bid. Staff reviewed the hand written bid proposal and discovered several math
errors. Upon correction, the Base Bid amount calculated at $505,448.10, placing that
firm as the second lowest bid rece ived.
During the bid advertisement period, it was brought to the attention of staff that
additional ADA enhancements w ere required to ensure that the proposed Le Point
Street sidewalk connection met A A regulations. Upon review, It was determined that
handrails were required on the western sidewalk, between Le Point Street and the
businesses to the south, as the slope of the sidewalk exceeded the maximum criteria.
Agenda Item 8.d.
Page 2
CITY COUNCIL
CONSIDERATION of AN AWARD of CONTRACT To BROUGH CONSTRUCTION,
INC. FOR THE LE POINT STREET IMPROVEMENTS AND PARKING LOT
EXPANSION PROJECT, PAN 2011-02
MARCH 8, 2011
PAGE 3
Similar grade issues were discovered for the sidewalk adjacent to the proposed
bioswale at the southern boundary of the parking lot. Staff has determined that these
minor modifications can be addressed through the change order process and the
recommended contingency funds have been modified to fund the associated costs.
The contract time for the project is 65 calendar days. Upon execution of the contract
documents, staff anticipates issuance the Notice to Proceed.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
0 Approve staff s recommendations to award a construction contract to Brough
Construction, Inc. (Base Bid + Alternate "A" ) and increase the contingency
amount to 15% of the total construction contract;
0 Award the Base Bid segment of the project and delay Alternate "A" landscaping
improvements to a future date;
Do not award a construction contract for the project at this time;
Provide direction to staff.
ADVANTAGES:
This project represents are important opportunity to address parking needs in the
Village. Construction of the parking lot improvements will add 48 net parking spaces to
the pillage merchants and allow adequate time to ensure project completion prior to the
Centennial celebration in July 2011.
DISADVANTAGES:
Construction of the project will cause closure of the existing parking lot directly behind
the Council Chambers during construction, as well as temporary closures of the existing
pudic facility to the west. Le Point Street will similarly experience closures during the
widening operations. Although staff will work closely with the adjacent merchants, there
may be temporary impacts to their operations. The recommended bid is above staff s
engineering cost estimate and will require are additional appropriation. However, the
majority of the funding recommended was originally earmarked for this project.
ENVIRONMENTAL REVIEW:
The Council adopted a Mitigated Negative Declaration for the project at their February
8, 2011 meeting.
Agenda Item 8.d.
Page 3
CITY COUNCIL
CONSIDERATION OF AN AWARD F CONTRACT TO BROUGH CONSTRUCTION,
INC, FOR THE LE POINT T STREET IMPROVEMENTS AND PARKING LOT
EXPANSION PROJECT, P 11201'1 -
MARCH 8, 2011
PAGE 4
PUBLIC NOTIFICATION AND COMMENTS:
MEI TS:
The agenda was posted on Thursday, March 3, 2011. The agenda and staff reports
were posted on the City's website on Friday, March 4, 2011. No public comments were
received as of the time of preparation of this report.
Attachment:
1. Bid Tabulations
Agenda Item 8.d.
Page 4
1 ,
Vks WPNE +;
DEADLINE:
SUBMITTED BY:
BID OPENING LOG SHEET
CITY OF ARROYO GRANDE
March 1, 2011 2:00 p.m.
Le Point Street Improvements & Parking Lot
TOTAL ALTERNATE
D -Cal Engineering, Inc. $575,040.38
San Luis Obispo, CA
Brugh Construction $488,038.75
Arroyo Grande, CA
Rockwood General Contractors $550,237.55
I ip m , CA i
Barajas & Associates Inc.
$751,734.45
King City, CA
Speis Construction Co.
$53,953.0
Santa Mara, CA
Souza Construction, Inc.
$8089597.80
San Luis Obispo, DA
.John Madonna Construction Co.
$887 # 488.50
San Luis Obispo, CA
G. Ssa Construction, Inc.
$
Santa Maria, CA
MG E Underground
$578,803.00
Paso Fbles, CA
Granite Construction C. $519
Santa Barbara, CA
Maino Construction $518,815.50
San Luis Obispo, CA
Ferravanti Paging $530,251.85
Paso Robles, CA
Kelly W etmo , City Clerk
: Director of Community Development
Assistant City Engineer
City Manager
$13,550.00
$13,000.00
$15,327.24
$38,870.00
$12P500.00
$13,000.00
$13,885.00
$28,000.00
$14
$15,000.00
$13,.
$50,000.00
Agenda Item 8.d.
Page 5
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.d.
Page 6
RO
A.
INCORPORATED
1 MEM
To: CITY COUNCIL/REDEVELOPMENT AGENCY BOARD of
DIRECTORS
FROM: STEVEN ADAMS, CITY MANAGER/ EXECUTIVE DIF ECTOF
6�
SUBJECT. AGENDA ITEM &D — SUPPLEMENTAL INFORMATION
DATE. MARCH 8. 2011
Staff's funding recommendati is modified to fund the entire project from
Redevelopment r ent Agency funds. Therefore, recommendation #3 in the staff report i s
modified to appropriate $320,000 in Redevelopment ent Agency funds for the Le Point
Street Improvements and Parking Lot Expansion Project. This will primarily reprogram
funds that are currently appropriated for Police building architectural s ervices, as w ell
as other operational costs.
Please let me know if you have any questions. Thank you.
R
INCORPORATED
JULY 1 191 �
dqOFOR MEMORANDUM
TO: CITY COUNCIL
FROM: E STEVEN ADAMS, CITY MANAGER
SUBJECT: CONSIDERATION OF FY 2011-12 AND FY 2012-13 BUDGET
GOALS AND PRIORITIES
DATE: MARCH 8, 2011
RECOMMENDATION:
It is recommended the Council approve proposed budget goals and priorities for F
2011-12 and FY 2012-13.
FINANCIAL IMPACT:
There is no direct cost impact from the recommendations at this time. There may be
costs associated with budget goals established, but those will be identifies and
addressed as part of the budget process.
B ACKGROUND:
The City is beginning the process o f preparing the Fiscal Y ear 2011 -12 and Fiscal
Year 2012 -13 Biennial Budget. The budget goals are established as the first step in
the budget process to provide for initial City Council input to assist staff in preparing
the budget. It does not address funding availability at this time, but provides staff
with direction on how to prioritize the proposed allocation of available funding. Goals
that cannot be achieved in the annual budget will then be identified as needs in the
Fong- range financial plan if not already programmed.
A t the request of the City Council, the recommended goals were presented this year
at the fiat of a series of budget workshops on February 1 th . The second workshop
will focus on presentation of budget strategies, which will tale place on March 24 at
6 :00 p.m. at the Woman's Club and City of Arroyo Grande Community Center. The
final workshop will be what is traditionally held to present the recommended budget,
which is scheduled on May 26 at :00 p.m. in the City Council Chambers. The
recommendations have been ,modified to address and respond to the feedback and
direction received at the February 17 th public workshop.
ANALYSIS O ISSUES:
Revenue and expenditure projections have not yet been prepared for the upcoming
budget. However, another budget shortfall is anticipated. Therefore, information
Agenda Item 8.e.
Page 1
CITY COUNCIL
FY 2011-12 AND FY 2012-13 BUDGET GOALS
MARCH 8, 2011
PAGE
provided this year includes both goals for new projects and activities, as Drell as
more detailed summary of ongoing activities in order to address the goal of
maintaining existing service levels. This will better enable the Council and the public
to provide feedback regarding both prioritization of new items and whether to
maintain existing programs. However, staff believes current ongoing programs
constitute a basic and necessary level of service.
As a result, goals have been listed in the following three categories; 1 Major
Citywide Goals; 2 Departmental Project Goals; and 3 Ongoing Departmental
Service Level Goals. Goals presented are based on the assumption of maintaining
existing service levels. Prior budget reductions and the organizational restructuring
have been instrumental in reducing staffing while minimizing reductions in service
levels. However, staff's analysis has concluded than additional staffing reductions at
this time will result in direct service level reductions.
At the April 13, 2010 meeting, the City Council approved the recommend Critical
Needs Action Plan, which established overall priority for targeting City financial and
staff resources given existing budget constraints. In addition, at the September 1,
2010 meeting, the City Council adopted a -bear Plan for programming local sales
tax funds. Therefore, the recommended project goals are largely based on these two
prior actions. A copy of the Local Sales Tarn -bear Pram previously approved by City
Council is attached. The Critical Needs Action Plan includes the following priorities:
0 Cost Efficiencies
0 Street and Sid Im
0 Frisco load Interchange
0 Police Building
0 Economic Development
0 eater Supply Measures
1aior Citywide Goals
0 Complete design and pursue approval of State and Federal funding for the
Frisco Fad Interchange project
0 Fully fund and construct the pavement management program to establish and
maintain a schedule of improving all streets in the City on a -year cycle
0 Resurface the Traffic Way extension and Greenwood Tract streets to implement
recommendations to add all streets to the Pavement Management Program in
the net 3-4 year period
0 Complete sidewalk improvements necessary to remove all existing trip and fall
hazard inventory with the net three -year period
0 Develop a plan and construct or acquire and remodel a new Police Station
facility
• Implement recommendations for expansion of the water conservation program
Agenda Item 8.e.
Page 2
CITY COUNCIL
Fly 2011-12 AND IFY 2012-13 BUDGET GOALS
MARCH 8,2011
PAGE 3
• Prepare a ballot measure and public education program to allow the City's
ability to purchase State water
• Pursue grant funding for a recycled water project
Departmental Proiect Goals
City Manager:
• Complete update of the Administrative Policy Manual
• Coordinate budget strategy recommendations for the FY 2011 -12 and FY 2012-
1 3 biennial budget
• Complete negotiation of labor agreements with all labor groups
a Implement reforms to the PES pension plans
• Develop new financial policies regarding budgeting of OPEB unfunded liability
costs
• Expand a marketing program for the Green Corridor
• Complete implementation of customer satisfaction survey program
• Coordinate development of business plan for use of social media for improved
customer service and increased efficiency
Legislative and Information Services:
City Clerk
a Update Citywide Records Detention Schedule to reflect City's reorganized
tructu re
• Coordinate Municipal Code updates to reflect City's reorganized structure
• Update Department Procedural Manual
• Update the Commissi Handbook
• Develop never, easily accessible storage facility for the City's permanent records
• Implement City Council meeting audio and video streaming on web site to
enhance public access and government transparency, while improving the
efficiency of staff
Information Technology
a Complete Citi enServe e- government software implementation
a Complete Firewall replacement implementation
• Implement VPN mobile user access services
i Implement La erfiche document imaging system upgrade and expansion
• Implement City Hall printer /copier replacement
• Implement Information Technology policy updates and additions
• Implement an enterprise level data backup solution
• Implement an enterprise level anti-virus solution
0 Install an additional broadband connection to enhance Internet and email
performance through broadband aggregation and load balancing
Agenda Item 8.e.
Page 3
CITY COUNCIL
FY 2011-12 ADD FY 2012-13 BUDGET GOALS
MARCH 8, 2011
PAGE 4
Implement Blackberry mobile device s ervices (Blackberry Express Server)
Replace core network routing and switching equipment
Explore options for contracting out the City and Police Dept web sites
Administrative Services:
Finance
9 Prepare the biennial budget
9 Complete the annual audit
9 Prepare the City's Comprehensive Annual Financial Report rt GAFF
0 Prepare the City's cent allocation plan
• Prepare the City's Investment Report rt policy
0 Complete an updated OPEB actuarial study
0 Prepare the GAMIN appropriation limit
0 Prepare continuing disclosures for Lopez and RDA bonds
• Prepare the Fire bond leery
9 Calculate assessments for all assessment districts
9 Prepare the State Controller's reports
9 Prepare the annual update of the City's Master Fee Schedule
9 Prepare the Fire Cities Fire Authority annual budget
Human Resources
Complete update of the City's Personnel Regulations
n
Complete update of the City's Administrative Policy Manu al Personnel policies
Community Development:
Engineering
Complete construction of the El Camino pavement rehabilitation project and
related improvement
Design and construct crosswalk and ADA ramp improvements at the East
Branch Street/Crown Hill Street intersection
9 Design and construct Class I bicycle path along future Castillo Del Mar
extension behind Arroyo Grande High School
9 Coordinate future construction of extension of Castillo Del Mar behind Arroyo
Grande High School
9 Design and construct the Lift Station No. 3 Replacement ement prefect
9 Complete construction of the Re I. 6 Water Tank and Oro Booster
Station Upgrade project
0 Design and construct the Water Well No. 11 Facilities Rehabilitation n project
0 In conjunction with Planning Division, prepare and submit 2 I year annul
St rm grater Management Plan report to the Regional hater Quality Centres
Board
Agenda Item 8.e.
Page 4
CITY COUNCIL
FY 2011-12 AND FY 2012 -1 UDGET GOALS
MARCH 8, 201'1
PAGE
• Prepare Water M aster Plan and Sewer Master Plan updates
0 Update and approval of City traffic model and Traffic Impact Study Policy
0 Develop plan for installation of pedestrian path on Hillcrest Drive
0 Develop NPDES and storm water inspection and erosion control training
program
0 Pursue grants for Newsom som Springs Phase 11 drainage Improvement
0 Complete Colina & Via La Barranca
0 Install automated speed monitoring signs on East Branch Street and Hua na
Road
0 Extend the wall on East Branch Street in front of Paulding School and facilitate
planning for a community project to rehabilitate the existing wall and install
erosion control measu
Correct d rainage problem at East Grand Avenue and Larchmont
Page Elm Street and adjacent portions of Fair Oaks Avenue
Plannin
0 Complete update to the Housing Element and other General Plan elements
0 Analyze and plan for interim and long terra grown potential for the Fredrick 's and
Williams' ' prope
a Process necessary Development Code update consistent with General Plan
0 Complete pillage Core assessment of historic structures
0 Process applications for JJ's Market site, County multi -- family affordable
housing, Traffic Way commercial at E. Cherry, Hillcre t subdivision and Malley
View Adventist Academy projects, Habitat for Humanity affordable housing, and
other projects
Prepare Development Code updates for signs, events and process for road
closures and special event
do Analyze and reprise water neutralization fees
Administer the Community Development Block Grant Program, including
transition of responsibilities to the County under contract
Implement project tracking with Citizen Beare software
Establish conservation and drainage easements for the Clark property at Print
Road
Develop plan for James Way Open Space trail connection
Streamline process for customers wanting to open a new business
Building
0 Implement expanded Interactive rewrote inspection through use of smart phone
device
0 Continue to develop and utilize Citizen Serve software and assist other divisions
in implementation for code enforcement, planning and maintenance s ervice
0 continue to receive and provide training for the 2011 California Building Code
0 Provide applicable permitting and inspection for projected projects including;
Agenda Item 8.e.
Page 5
CITY COUNCIL
FY 2011-12 AND FY 2012 -1 BUDGET COALS
MARCH 8, 2011
PACE 6
Commercial building at the Five Cities Center (Petro)
Commercial and residential buildings at the .J.J's canter site if approved
Commercial and residential buildings at the CouNrtlarnd and E. Grand site if
approved
Detached single family residential homes at the Crate Lane subdivision
Detached single family residential homes at the Cherry Creek subdivision
Attached single - family homes in the Walnut Grove project adjacent to the
Arroyo Grande Community Hospital on Fair Oaks Avenue
Attached single - family homes and apartments at the Pike and Elm project.
A new Lucia Mar Unified School District building located at Arroyo Grande
High School
Co- cellular telephone carriers located at the Reservoi r #1 if approved
o New secondary dwelling units
The Hampton Inn Hotel & Suites when financial status resolved
Recreation reation and Maintenance Services:
Recreation
• Coordinate with the Fire Cities Rotary Club to implement a maintenance
prog for the Rota Bandstand
Continue applying for trail grants to complete the trail system in the James flay
Oak Habitat
Maintenance Services
• Install light on Don Roberts rt Field
Replace electrical panel at Soto Sports Complex
• Complete installation of a centralized irrigation system
0 Complete cross training of maintenance staff
• Implement an automated scheduling work management system
Police:
i Implement mobile data computers in all patrol vehicles
• Implement phase I of "Operation Blue Watch" video monitoring system
0 Complete design and delivery of ire- house supervisor-management m ntoring
program
• Enhance media public communications through a bldg site linked to the police
web site
0 Complete design and enhancement of the police firearms range
0 Provide financial contribution towards participation in the Narcotics Task Fore
a Evaluate potential for implementation of "Guitars not Cons" youth program
Agenda Item 8.e.
Page 6
CITY COUNCIL
FY 2011-1 AND FY 2012-13 BUDGET GOALS
MARCH S. 2011
PAGE
O ngoing Departmental Service Level Goals
City Manager:
Provide ongoing staff support to the City Council, including preparation of staff
reports, monthly meetings, research, analysis, recommendations, and follow-up
to requests for information and resolution of citizen requests
Provide ongoing coordination of City operations, including regular executive
staff meetings, meetings with department staff project coordination meetings,
public safety coordination meetings, administration coordination meetings, and
citywide staff meetings and activities
Coordination of economic development program, including promotion of projects
to tenants and developers; overall administration of the Redevelopment ment Agency;
coordination with the Economic Vitality Corporation, Visitors' and Conference
Bureau and Housing Trust Fund; and monthly Legislative Commi tee and other
meetings with the Chamber of Commerce
Coordination of tourism efforts and participation on the Tourism Committee
Re the City in coordination activities with other jurisdictions, including the
League of California Cities, State, Caltrans, SLOG, County and other cities
within the County and Channel Counties Division of the League of California
Cities
Coordinate community outreach activities
Coordinate response to citizen and community requests and concerns
Prepare public and organizational information, including ninthly newspaper
articles, quarterly newsletter articles, presentations to community organizations
monthly employee ne wsletter articles, and press releases
City Attorney:
Provide general legal advice and assistance to the City Council, City Manager,
staff and boards and commissions
Attend City Council and executive staff meetings
Draft contracts, agreements, resolutions and other legal documents as
requested by the City Council or staff
Review City Council and Planning Commission staff reports for legal
consistency and compliance
Legislative and Information Services:
City Clerk
Coordinate City Council Agenda process and distribution
Maintain the timely and efficient processing of official City documents following
Council action
Publish 4 issues of the Stagecoach Express newsletter
Coordinate filing of Annual Statement of Economic Interest Forms
Agenda Item 8.e.
Page 7
CITY COUNCIL
FY 2011-12 AND FY 2012-13 BUDGET GOALS
MARCH 8, 2011
PAGE
0 beet all legal publishing and posting requirements
0 Supplement Municipal Code as new Ordinances are adopted
0 Maintain and update Government Access Channel and City website
0 Coordinate records destruction pursuant to retention schedule
0 Respond pond to requests for public records within legal tirneframe
0 Preside at bid openings
0 Administer Oaths of Office to newly appointed employees and other officials
0 Coordinate the November General Municipal Election
Irr orrrra ion Services
0 Provide and maintain network services with minimum downtime
a Provide and maintain desktop top support services with minimum downtime
0 Provide and maintain email services with minimum downtime
0 Provide and maintain print services with minimum downtime
• Provide and maintain City and Police Dept web sites
0 Provide and maintain GIS services
0 Manage IT consulting services (Managed Services) utilization
0 Maintain phone services with minimum downtime
Administrative Services:
Finance
0 Process approximately 200 paychecks per pay period
0 Process approximately 2 } 000 business licenses per year
0 Process over 12,000 accounts payable invoices per year
0 Prepare 100 1099's annually
Process 37,200 utility invoices per year
a Set up approximately 700 new accounts annually
0 Process approximately Zoo budget adjustments per year
0 Process over 200 journal entries annuall
• Provide monthly investments reports to the Council
0 Prepare the casts disbursement reports for Council
0 Prepare the State COPS annual report
0 Prepare Federal and State Quarterly payroll reports
0 Prepare Federal and Mate Annual payroll reports
0 Prepare W-2's for appro 200 employees annually
0 Prepare and submit TDA claim forms to SLOG G
0 Prepare all annual IA reports (Statement of Indebtedness, Mate
Controller's report, HCD report)
a Complete all insurance renewal reports
Agenda Item 8.e.
Page 8
CITY COUNCIL
FY 2011-12 AND FY 2012-13 BUDGET GOALS
MARCH 9. 2011
PAGE 9
Human resources
0 Coordinate the process of all new hire recruitments and selection
0 Implement orientation process for all new hires
• Provide assistance to all department directors and supervisors with
personnel issues
Administer personnel policies and procedure
0 Coordinate the Citywide safety and risk management program
0 Provide benefit assistance to staff
Community Development
Engineering
0 Provide engineering plan check services to return plans and issue permits
within 2 week % of the time
Provide grading inspections on all projects every 2 days during construction
activities
0 Utilize part -time Building Inspector position as needed for public work
inspection where applicable and appropriate with current certifications
0 Attend Technical advisory Committee meetings for transportation, stormwater,
and water resources
0 Prepare agenda packets and staff the Traffic Commission and provide staff
support for City Council, Planning Commission and Staff Advisory Committee
meeting
Planning
Provide processing of discretionary land use to make determination on whether
application is complete before 30 days of submittal, provide early coordination of
requirements from other City departments and divisions, and bring to AFDC and
HRC and Traffic Commission where applicable for review prior to environmental
review and public hearings
0 Take action on administrative projects and provide notification to Planning
Commission where applicable
0 Prepare environmental review documents for capital improvement projects
• Provide Mitigation Monitoring and inspections on development projects after
completion in accordance with project entitlement approvals
Provide support to the Neighborhood Services officer to assist with code
enforcement complaints and identification of proactive steps to addre
continuing violations involving illegal banners and signs, garage conversions,
temporary structures and use of City right- of -war
Assist the public with business and property development, land use questions,
home occupations and sign permits
Attend technical advisory committee meetings for housing, water quality and
grater conservation
Agenda Item 8.e.
Page 9
CITY COUNCIL
FY 2011-12 AND FY 2012-13 BUDGET COALS
MARCH 8, 20'1'1
PACE '10
• Prepare agenda packets and staff the Planning Commission, Architectural
Review Committee, Historic Resources ource Committee, Downtown Parking Advisory
Board and Staff Advisory Committee meetings, and provide staff support for City
Council
0 Administer Waster Conservation Incentive Program
Building
0 Complete Fire Marshal Certification for Building Official
0 Provide building plan check s ervices to return plan and/or issue permits within
2 week 8% of the time
* Maintain same -day inspection if scheduled the prior morning
* Continue the Multi - dwelling Inspection Program apartment 87 apartment
complexes in the City
• Process, record and track code enforcement complaints in conjunction with
Police Department and Neighborhood Services Officer to initiate inspection on
complaint basis within 48 Fours of complaint and citations within 4 months of
non-compliance and provide proactive enforcement on violations involving
illegal banners and signs, illegal parking on front lawn, illegal construction and
structures, and excessive cases where lawns and exterior of homes are not
adequately maintained or create a public health and safety problem
• Participate bi weekly in Staff Advisory Committee meetings to identify potential
issues, provide conditions of approval communicate processing requirements to
project applicants early in the development review process
• Continue to increase levels of Americans with disabilities Act (ADA) compliance
Citywide
Recreation and Maintenance Services:
Recreation
0 Continue fund raising strategies for the Children In (lotion program to raise a
minimum of $10,000 annually
0 Continue providing year round pre - school and child cage services
0 Continue offering a variety of youth and adult sports programs, including
basketball, wrestling and softball
0 Continue working with the Fire Cities Community Services Foundation to raise
funds for the recreation center
0 Continue to provide 8 — 5 counter services at the Recreation Division office
0 Continue to offer community-wide special events such as the Egg Hunt and
Family Festival, Halloween Carnival and Naze and Turkey Trot Fun Faun
a Continue to provide seasonal playground programs
Maintenance Services
Continue to work with Arroyo Grande In Bloom, the Tree Guild and the Fire
Cities Dog Park Association on beautification and maintenance projects
Agenda Item 8.e.
Page 10
CITY COUNCIL
FY 2011 -12 AND FY 2012-13 BUDGET GOALS
MARCH 8, 2011
PAGE 11
• Continue training and implementation of the Storm Water Management Plan
• Continue side walk repair and replacement program
• Continue cross drain and CMP maintenance program
• Provide landscaping maintenance to medians 20 hours per month
• Patch 10,000 to 15,000 square feet of streets
• Continue to improve maintenance of assessment district landscaped areas
• Continue storm and sidewalk drain maintenance
• Continue crack sealing program
• Continue marking and striping program
• Continue maintenance of 180 acres of park facilities on a frequency of at least
quarterly
• Continue geed abatement
• Continue backflo w prevention testing
• Continue severer main cleaning program
• Continue meter reading program
• Co ntinue meter box cleaning and ID p rg ra m
• Continue lift station cleaning
• Continue booster pump maintenance
• Continue tree trimming program
• Increase maintenance of new City Hall
Police:
Administration
• Maintain or reduce major (Part 1 ) crime rate
• Continue to actively evaluate and implement cost saving measures including
grants state and federal surplus property programs and internal controls and
audits
• Continue to promote consolidation and/or increased coordination of public
safety services
P atr o l Services
Maintain minimum police patrol staffing of three field units at all times
Maintain Priority 1 response time under two minutes
Maintain Priority 2 response times under four minutes
Support Services
Records -
• Submit all in- custody arrest reports to District Attorney 7 s office within 48 hours of
a crest
• Submit monthly Uniform Crime Reporting statistics to the California Department of
Justice before the 12 of each month
• Calendar 1500 Lire Scan appointments each year
Agenda Item 8.e.
Page 11
CITY COUNCIL
FY 2011-12 AND FY 2012-13 BUDGET GOALS
MARCH 8, 2011
PAGE 12
0 Investigations -
0 Dispose of no less than % of all adjudicated property /evidence each year
0 Maintain or exceed National U average clearance rate for Part 1 Crimes
0 Dispatch -
0 Receive eive and dispatch priority 1 calls within one minute
0 Answe r 90% of a 11 911 calls within 10 seconds
Code Enforcement -
Process, record and track code enforcement complaints to initiate inspection
within 48 hours of complaint and citations within 4 months of non - compliance
Provide 32 hours per creek code parking enforcement services to respond to
complaints within 48 hours and provide proactive enforcement on violations
involving illegal banners and signs, illegal parking on front lawns, illegal
construction and structures, and excessive cases where lawns and exterior of
homes are not adequately maintained
Community Services V olunteers -
Provide public safety public relations program to include presentations to
community groups and schools and community problem resolution
Continue to support and enhance the Citizen Volunteer Program and participate
in the South County Police Volunteers
Continue to provide vacation house checks and other ommunity services
through the use of cadets and volunteers
School Resource Officer Program -
Continue to support and enhance the School Resour Officer Program in
Arroyo Grande High School along with support services to the Paulding Middle
School and the elementary schools
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve the budget goals and priorities as proposed;
2. Make changes to the budget goals and priorities a appropriate and approve;
3. Provide direction on proposed reductions in ongoing services, programs or
service levels;
4 . Provide di rection to staff.
ADVANTAGES:
Establishing budget goals early on in the process assists in the development of
budget based on priority needs of the community and organization. The
recommendations will establish goals that will accomplish top priorities as established
through the Critical Deeds Action Plan and maintain basic and critical service levels.
Agenda Item 8.e.
Page 12
CITY COUNCIL
FY 2011-12 AND FY 2012-13 BUDGET GOALS
MARCH 8,2011
PAGE 13
DISADVANTAGES:
Since a funding shortfall is projected, budget goals can create unrealistic
expectations that may be difficult to meet once staff and the Council begin to develop
the specific budget strategies and recommendations.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The agenda was posted in front of City Hall on Thursday, March 3, 2011 and on the
of City's website on Friday, (larch 4, 2011. A press release was issued regarding the
public workshop, which was also announced in an article in the Stagecoach Express.
The following is a summary of public and Council input received at the workshop and
responses to each item:
Goals Not Neces ar
Brisco Interchange: - this. project is identified as a high priority in the City}
Critical Needs Action Plan, which was also identified by the community munity a a
high priority in the Local Sales Tax Advisory (Measure and Local Sales Tax
community surrey. Therefore, it is recommended to be maintained as a goal.
(1nalA M Add
Repave ave East Branch Street: East Branch Street was recently slurry sealed and
the base below it is in good condition. It is scheduled in the Pavement
Management Plan to be resurfaced again in FY 2015-16.
Crown Hill Inter ecti n Lefthand: Improvements to the intersection are already
funded in this fiscal year. Input received will be considered in design of the
improvements.
Huasna Sidewalks north side to La Cresta Stagecoach: The proposed goal is to
utilize funding allocated for side walk improvements for repairs to existing
sidewalks rather than new sidewalk projects throughout the upcoming two-year
budget, but the request will be incorporated as a goal in the City's Bikeway and
Pedestrian Plan update.
Sidewalks next to Paulding on East Branch Street: The proposed goal is to
utilize funding allocated for sidewalk improvements for repairs to existing
sidewalks rather than new sidewalk projects throughout the upcoming two -year
budget, but the request will be incorporated as a goal in the City's Bikeway and
Pedestrian Plan update.
Agenda Item 8.e.
Page 13
CITY COUNCIL
FY 2011-12 ADD FY 2012-13 BUDGET GOALS
MARCH 8, 2011
PAGE 14
•
Increase reserve policy to 20 %: The current policy includes a goal of reaching a
reserve of 20% with a minimum level of 15%. Staff advocates maintaining the
minimum reserve amount, but believes requiring an increase in reserves at this
time would result in excessively severe impacts to services and projects given
current declining revenues and increased costs.
Consolidation and/or sharing of public safety o other s ervices we provide: The
City Council has approved a proposal for joint dispatch services to be submifted
to the Five Cities Fire Authority and directed staff to prepare cost estimates to
consolidate police services with the City of Grover Beach.
Oak Park joint project with Grover Beach: Staff will contact the City o Grover
Beach to determine scheduling and funding of Oak Park Boulevard
improvements.
Traffic Way repaving: Traffic lay extension ill be repaved in Fly 201 1 -12.
The remainder of Traffic Way has areas in need of repair, which can be
accomplished by in -house staff. Overall resurfacing is scheduled for FY 2015-
1 in the Pavement Management Plan.
0 New Police Building accomplished: This is identified as a major goal.
Ability to fight wildland fire in our area: Capacity has been enhanced by
establishment of the Five Cities Fire Authority. Staff is monitoring State
actions to determine the impacts of funding reductions to Cal Fire.
Enhance fiat responder for emergency situations: Maintaining key
service levels has been, and will continue to b, the City's major priority
in addressing budget constraints. The Five Cities Fire Association i
currently preparing a future vision regarding service goals.
Pave Ella Street: Staff has been directed to modify the Pavement
Management Plan to move up this project, which has been added as a
g o a l .
Education for purchase o State Water; The goal for a measure to allow
purchase of State water has been expanded to include this suggestion.
Review current barricade at Crown Hill: Staff will review this intersection
to determine alternatives.
Correct what happened to the Conrad House and historical properties:
This building has been designated as a historical resource and all
modifications are being reviewed by the Historic Resources urce Committee.
Agenda Item 8.e.
Page 14
CITY COUNCIL
FY 2011-12 AND FY 2012-13 BUDGET COALS
MARCH 8, 2011
PACE '1
Local Sales Tax Funded Items to Add:
Sidewalk south side of East Branch by Paulding School: The proposed goal is to
utilize funding allocated for sidewalk improvements for repairs to existing
sidewalks rather than new s idewalk projects throughout the upcoming two -year
budget, but the request will be incorporated as a goal in the City's Bikeway and
Pedestrian Plan update.
Automated speed signs -- 500 Block East Branch near driveway. Electronic
signs on Huana Road and East Branch Street are added as a goal.
Erosion control on East Branch rear driveway: Planning is under way for a
community project to rehabilitate this area. Continued work on this project is
added as a goal.
Reserve for maintaining City buildings: Increased maintenance of the City Hall
building is added as a goal.
Tree t rimming in the creek: The City's ability to trim trees in the creek is limited.
The majority of the creek is private right - of-way and modification to habitat is
highly regulated in the publicly owned portions.
Correct drainage problems at East Grand Avenue and Lar hmont: Planning is
under way for this project. It has been added as a goal.
0 James Way Speed bump: This can be repaired by in -house staff.
Increase sidewalk and concrete funding: When revenue projections are
prepared this will be the first priority category t o increase if additional funding is
available.
Local Sales Tax Items to Delete:
Creek Ivy removal (use volunteers): The California Conservation Corps (CCCs)
are currently utilized, which is highly cost efficient and they have expertise in
this type or work. Minimal funding is necessary and it would be difficult to train
volunteers to work in sensitive habitat, as well as concerns regarding contact
with expansive poison ivy.
Drainage /Creek Protection: This was an original goal of the Local Sales Tax
measure and is used primarily for matching funds for large grants. Therefore,
minimal funding is committed, which is leveraged to obtain full funding for
targeted projects.
Agenda Item 8.e.
Page 15
CITY COUNCIL
FY 2011-12 AND FY 2012-13 BUDGET COALS
MARCH 6, 2011
PACE '16
Department Coals
Expansion era hing machines — expand to other appliances (dishwashers,
tankless water heater): A goal is already identified to expand the water
conservation program. These items will be reviewed when recommendations
are prepa
Make sure caller can get human voice quickly in c ustomer request tern: This
has already been established as a top priority when recommendations are
developed for changes to the phone syst
Building Code training for contractors: This suggestion will be reviewed. Given
limited staffing in this division, it may difficult to expand services in this area.
Trail grant for creek, trail expansion: Staff has submitted grant requests, which
have been unsuccessful, but will continue these efforts.
Guitars not Guns Youth Program: The Police Department will revie w this
program. A goal has been added to prepare an analysis.
Elimination of sidewalk trip and fall hazards from 3 to 2 years: Staff will
pursue additional sidewalk funding, but elimination of all trip and fall
hazards within a two year period may not be feasible.
Attachment:
I. -Yea Local l Sales Tarn Plan
Agenda Item 8.e.
Page 16
LOCAL SALES TAX REVENUE AND EXPENDITURE P JE TIONS Attachment 1
Item
FY 08-09 FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13 -14
FY 14-15
East Branch Streetcape
$51,402
$0
$0
$0
$0
$0
Brisco /Halcyon Interchange
$0
$0
$0
$0
$100
$200,000
East Paulding Wall
$0
$
$40,000
$0
$0
$0
Subtotal Transportation
$51,402
$0
$40,000
$0
$100,000
$200,000
Pavement Management
$107,385
$400,000
$400,000
$400,000
$400,000
$500,000
Sidewalk Program
$0
$50,000
$509000
$50,000
$50,000
$09000
Concrete Replacement
$24,293
$25,000
$25,000
$25
$25,000
$25,000
Street Maintenance
$283,135
$180,000
$185
$180,000
$180,000
$185,555
ADA Ramps
$0
$20,000
$25
$20,500
$25,550
$25
Project Studies and Planning
$7,903
$7,500
$7
$7,500
$7,500
$7
El Camino Real
$16,415
$671,612
$0
$0
W. Branch Street
$33,822
$322,140
$0
$0
$0
$0
Orchard Street
$45,700
$344,300
$0
$0
$0
$0
Pear wood Avenue
$89,539
$20,311
$0
$0
$0
$0
Tally Ho Sidewalks
$4,975
$10
$0
$0
$0
$0
Elm Street Sidewalks
$11,882
$10,000
$0
$0
$0
$0
Crown Hill Sidewalks
$31,230
$0
$0
$0
$0
$0
Myrtle Street
$0
$77,300
$0
$0
$0
$0
Short Street
$0
$150,000
$0
0
$0
$0
Alpine Street
$0
$50,000
$0
0
$0
$0
Tree Inventory
$0
$23,500
$0
$0
$0
$0
Traffic Way Extension
$0
$0
$100
$0
$0
$0
Greenwood Tract
$0
$0
$150,000
$200
$0
$0
Larchmont Street Improvements
$0
$0
$0
$25,000
$125,000
$0
Tree Trimming Program
$0
$0
$50,000
$50,000
$50,000
$50,000
Pecan Place
$0
$0
$0
0
$50
$0
Subtotal Street Improvements
$656,079
$2,361,663
$982,500
$957,500
$907,500
$847,500
Ivy Removal
$6,703
$8,000
$8,000
$8
$8,000
$8,000
Drainage/Creek Protection Projects
$40,663
$75,000
$75,000
$75,000
$75,000
$75,000
City Half Parking Lot Bioswale
$37
$0
$0
$0
$0
$0
Retention Basin Maintenance
$20,400
$20,400
$20,808
$21,224
$21,5449
$22,082
Newsom Springs
$10,130
$45,870
$0
$0
$0
$0
Colina & Via La Barrance Drainage
$0
$15,000
$150,000
$0
$0
$0
Larchmont Drainage
$0
$30
$0
$0
$0
$0
Other Drainage Projects
$0
$0
$0
$75,000
$75,000
$75,000
Subtotal Drainage Improvement
$115,838
$194,270
$253,808
$179,224
$179,649
$180
Fire JPA
$85,185
$100,315
$95,000
$96,900
$98,835
$100,815
Emergency Operations Center
$0
0
$5,000
$5,000
$5,000
$5,000
Fire Apparatus
$0
0
$22,000
$22,000
$22,000
$22,000
Police Station Expansion
$0
$0
$130,000
$260,000
$260,000
$260,000
Police Firing Range
$0
$8,000
$20,000
$20,000
$20,000
$20
Subtotal Public Safety
$80
$108,315
$272,000
$403,900
$405,838
$407,815
City Hall Relocation ation
$162,295
$374,771
$60,000
$60,000
$60,000
$60
Corporation Yard Repairs
$17,697
$0
$10,000
$10,000
$10
$10,000
Elm Street Comrnunity Center Roof
$0
$10,000
$0
$0
$0
$0
Subtotal City racilit +es
$179,992
$384,771
$70,000
$70,000
$70,000
$70
Mailing of Annual Deport
$2,684
$3,000
$8,000
$3,000
$8,000
$8,000
Total
$1,092,180
$3,052,019
$1,621,308
$1,613,624
$1 # 885,987
$1,708,396
Projected Revenue
1,583,849
1,590
1,013,850
1,635,058
1,552,829
1,587,558
Annual Change to Fund Balance
491,469
- 1,402,019
-7,458
24,434
-3,358
- 20,828
Balance
$1,206,037 $1,697,506
$235,487
$228,029
$252,46
2
1 228 }276
e a 11 05
8
Page 17
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.e.
Page 18
Z;
JMY to. l E M F AI D U II I
TO: CITY COUNCIL,
FROM: TIMOTHY J CARMEL,, CITY ATTORNEY 11�5e
SUBJECT: CONSIDERATION OF A RETAINER EF AGREEMENT WITH PHILLIPS
COHEN LLP AND DAY PITNEY LLP IN CONNECTION WITH THE
CITY'S PARTICIPATION N II UNITED STATES AND STATE OF
CALIFORNIA ET AL. ESC REL. HENDF I V. J-IIII MANUFACTURING
C09 ET AL. AS A REAL PARTY IN INTEREST
DATE: MARCH 8, 2011
R ECOMMENDATION:
It is recommended that the City Council approve and authorize the City Manager to
execute a Retainer Agreement with Phillips & Cohen LLP and Day Pitney LLP in
connection with the City's participation in United States and State of California et al. ex
rel. Hendrix v. .-I- 1 Manufacturing Co., et al. as a Real Party in Interest.
FINANCIAL IMPACT:
As discussed in detail below, the qui tarn plaintiff is statutorily entitled to anywhere from
25% to 0% of the City's recovery. Linder the terms of the proposed Detainer
Agreement,, the qui tam plaintiffs recovery is fixed at 30% plus % for P AC and DP for a
total of 35 %. Retaining P C and DP would allow the City to lo in the fixed rate and
would also mean that substantially less involvement from the City Attorney's office
would be required. In no evert, will the City be responsible for paying any out of pocket
costs to PAC and DP. Potential net recovery from the case is on erva ively estimated
to be $122,000.00
B ACKGROUND:
In January 200 6, John Hendrix ("Hendrix"), the qui tam plaintiff it the above- referenced
lawsuit, filed a Complaint against JM Manufacturing Co. "JM" on behalf of the United
States and various state governments and their political subdivisions ( "government
entities ") under the federal False Claims Act and various state False Claims Acts,
including the California False Claims A. J1 is the world's largest PC pipe
manufacturer and manufactures PVC pipe for conveying water (potable and reclaimed)
and sewage. Hendrix worked for �1M from 2002 to 2005. As an engineer in J 1'
Product Assurance Division Hendrix's primary duties were to advise JM on technical
aspects of customer complaints for failing products. After Hendrix wrote to JM
management that JM's PVC pipe failed to meet industry standards regarding tensile
strength, JM terminated his employment. In the Complaint, Hendrix alleges that
Agenda Item 8.f.
Page 1
CITY COUNCIL
CONSIDERATION OF A RETAINER AGREEMENT ENT IfITH PHILLIPS & CCHEN LLP
AND DAY PITNEY LLP
MARCH 8, 2011
PACE 2
beginning in at least 1007, JM defrauded the government entitles by selling them PVC
pipe that had only a fraction of the strength and endurance that JM represented it to
have and, as a result, Pc pipe failures have occurred and the Pc pipe (that has not
failed) will need to be replaced in a fraction of the time that J111 represented it would last.
In April 2010, Hendrix filed a Second Amended complaint adding the city as Beal
Party in Interest based on records that he obtained during his employment with JM
indicating that the city had purchased Jl1 pipe during the relevant time period.
The purpose of the California False claims Act {the "Act" ) is to prevent fraud against
government entitles and it provides that 19 any person who knowingly presents or causes
to be presented a false or fraudulent claim for payment o approval shall be liable to the
State o political subdivision for three times the amount of damages that the State o
political subdivision sustains and for a civil penalty between $5,000 and $10,000 for
each violation." The Act also provides for whitleblwer suits and allows person to
bring an action on behalf of a State or political subdivision. Assuming the government
entity does not wish to intervene prosecute the case on its own behalf), the court will
apportion damages based on the share of funds falsely claimed. In addition, the qui
tarn plaintiff is statutorily entitled to between twenty five 2 percent and fifty 0
percent of the proceeds of the action or settlement.
The case was filed in the United States District court for the central District of California
and a trial date has been set for December 6, 2011.
ANALYSIS OF ISSUES;
Summary of Evidence
JM had produced substantial hard -copy and electronic documents pursuant to requests
made by the federal government. In addition, the federal government has interviewed
several key witnesses, some o more than one occasion. While the evidence of shoddy
manufacturing practices is pride pread over many years it is useful to group the
evidence in the following categories: major production changes, hydrostatic design
basis HDB testing and failures, longitudinal tensile strength (LTS) testing and failures
and corporate culture underpinning the fraud.
Major Production changes - Numerous documents reveal, and former JM executives
and employees have confirmed to the federal government that JM substituted cheaper
ingredients in its Plc pipe compound in o rder to save money, yet Inuring that the use
of these inferior ingredients would lead to defective pipe that did not meet the promised
specifications. Many of these witnesses also confirmed to the government that under
the new management, JM pushed its manufacturing equipment beyond capacity in
order to increase production output but failed to maintain, repair or replace crucial
components and that this led to degradation in pipe strength and durability. To make
matters worse, e, a discussed more bel ow, JM monetarily incentivi ed plant managers
and personnel based on total output, creating a perverse system of quantity over
quality. Witnesses and documents also establish that manufacturing personnel were
Agenda Item 8.f.
Page 2
CITY COUNCIL
CONSIDERATION OF
AND DAY PITNEY LLP
MARCH 8, 201'1
PAGE 3
A RETAINER AGREEMENT WITH PHILLIPS & COHEN LLP
unskilled o poorly trained, that there were insufficient plant personnel for both
production and quality control ("QC"), that CSC personnel were intimated by manager
and J 1 headquarters and that CSC testing equipment was often broken or improperly
maintained and calibrated.
HDB Testing and Failures - The HDB test is ar stringent test that provides the best
indication of the long- terra "tensile" strength of the pipe. Pipe that fails the HDB testing
will fail prematurely in the ground. While HDB testing generally is done only at
qualification, there is ubtntiarl evidence that J1 production pipe consistently failed
HDB, that ,J1 knew of such failures and that J1 nevertheless sold such pipe in spite of
these failures. The evidence includes: testimony and documents from the former
heard o f R&D, including a June 2006 writing to management stating "[i]n recent years
the HDB test success rate is el w % "; b repeated failing HDB test - reports for 2.5M
pounds of production pipe in 2003 (quarantined after ar third -party auditor found
unapproved " 2 " material used for the pipe); numerous failing HDB test - reports for
pipe with ar redesigned bell -end; d repeated failures o f the "sustained pressure test," ar
low pressure test the failure of which conclusively proved HDB failure and (5)
substantial documented deficiencies concerning an HDB 66 proxy" test known a s the
Quick-Burst test daily quality control test). Overwhelming evidence establishes that
J1 knew failure to meet sufficient Quick-Burst values resulted in pipe that would fail
HDB requirements. To cover up its inability to pass HDB testing, J1 engaged in
"cherry - picking" selecting pipe not representative of its normal production — present
to testing laboratories, standards agencies and third - panty auditors. This practice is
abundantly supported in documents concerning the "A28" testing, the No-Thickened-
Section project and in numerous R&D and other general documents. The witnesses
corroborate the cherry - piecing deceptive practice.
LTS Testing and Failures. The LTS test, another qualification test, provides the best
indication of short -term tensile strength. (The experts in this case are unanimous that
PC pipe experiences longitudinal tensile stress in the field. Life HDB, the LTS test is
meaningful pipe strength test. The witnesses have testified to remarkable levels of
LTS failures: the former Corporate C supervisor started that from 1097 to 2005 when
he departed), 100% of J 1 pipe did not conform to the LTS standard; the former head o f
D started that from 1991 to 2002, between 0% and 0% of the pipe produced failed
LTS, and from 2002 through 2005 when he left), 100% of the pipe failed to of rm.
The documents further establish that from 2001 to 2003, ,J1 tested 97 samples o f 3g-
in h and 36-inch pipe, all of which failed the LTS requirement. Documents from the
2006 time period also show numerous internal LTS tests from production pipe at all
plants, the majority of which failed. Test documents from complaining customers further
demonstrate the inability of J 1 pipe to meet the LTS requirements.
Corporate Culture that Underpins the Fraud. Most if not all of the witnesses testified
that J1 management cared only about profits, not quality. Employees questioning
quality were labeled as `trouble markers" and their customers were ignored o punished.
Agenda Item 8.f.
Page 3
CITY COUNCIL
CONSIDERATION OF A RETAINER AGREEMENT WITH PHILLIPS & C HE I LLP
AND DAY PITNEY LLP
MARCH 8, 2011
PAGE 4
Witnesses were instructed to withhold and even falsify test results. Witnesses were
instructed to rely on and point to past qualification test results, despite poor subsequent
results o substantial changes in compounding and processi Two witnesses in
charge of quality issues quit the company because they were not allowed ed t do their
jobs properly. ,,,IM highly incentivi ed plant managers and personnel to increase
production and ignore problems. The compensation plans produced shover that plant
managersy pay was entirely calculated by amounts of pipe produced, material saved
and amounts of pipe deemed "reject" or "scrap." Inherent conflicts also compromised
pipe quality. The witnesses testified that plant managers had the authority to override
the quality - control function and the very plants that produced the pipe subject to a
customer complaint were tasked with testing that pipe to determine the vafidity of the
claim. The documents support this testimony.
Effect of Wron-gdoing on City of Arroyo Grande
In December 2010, ..IM served an onerous Subpoena to Produce documents n the
City. At this time, the City Attorney's office contacted PC and DP, counsel for Hendrix,
in order to determine the costs associated with remaining a Real Party in Interest and
the City's potential recovery. Based on their desire to collect evidence for their
affirmative case, P c and DP agreed to go through the city's documents, at no cost to
the City, so that the city could get an idea of her much JIM pipe is in the City's system
without expending a greet deal of City time and resources. On ,January 12, 2011 City
Attorney staff met with lawyers from P C. (Attorney Inman) and DP (Attorney Anderson)
and city staff. During the meeting, city staff indicated that much of the city's pipe was
JM and provided the aft me rs with a list of twenty water main capital improvement
projects from 1990 through 2008. Attorneys Inman and Anderson have subsequently
reviewed many of the City's files although their work is not complete. The results of
their research have been promising and they have conservatively estimated potential
recovery at approximately $122,000 (after attorney's fees and the qui tam plaintiffs
recovery are deducted).
The Retainer Agreement also authorizes c P and DP to initiate suit on behalf of the
City in state court in California, on the same subject matter that raises causes of action
that are not currently being litigated in the first action.
ALTERNATIVES:
Fhe following alternatives are provided for the Council's consideration:
- Approve and authorize the City Manager to execute a Retainer Agreement;
Do not approve and authorize the City Manager to execute a Retainer
Agreement;
Provide direction to staff.
Agenda Item 8.f.
Page 4
CITY COUNCIL
CONSIDERATION OF A RETAINER EF AGREEMENT WITH PHILLIPS & COHEN LLP
AND DAY PITNEY LLP
MARCH 8. 2011
PAGE 5
ADVANTAGES:
Retaining P C and DP would allow the City to lock in P C and DP's recovery at ar fined
rate of 35% and would also mean that significantly less involvement from our office
would be required, sa ving City resources and staff time.
DISADVANTAGES:
No disadvantages of the proposed Retainer Agreement have been identified.
ENVIRONMENTAL REVIEW:
:
No environmental review is required for this item
PUBLIC NOTIFICATION AND COMMENTS:
The Agendas was posted in front o f City Hall on Thursday, March 3, 2011. The Agenda
and report were posted on the City's web site on Friday, March 4, 2011. No public
comments were rece ived.
Attachment:
1. Retainer Agreement with Phillips & Cohen LLP and Day Pitney LLP
Agenda Item 8.f.
Page 5
ATTACHMENT 1
RETAILER AGREEMENT
This Retainer Agreement represents the understanding and agreement between
the City of Arroyo Grande, California "Arroyo Grande"), Phillips & Cohen LLP
("P&C"), and Day Pitney LLP "DP ".
Retention of P &C and DP
I . Arroyo Grande hereby retains P &C and DP to represent it in legal
actions that have or will be filed against J -M Manufacturing Company, Inc. and
Formosa Plastics Corporation, U.S.A. (collectively, "Defendants ", and related
entities, regarding fraud committed against Arroyo Grande and ether governmental
entities (the "'Lawsuits"). One of the Lawsuits in which P&C and DP are authorized
to represent Arroyo Grande as a real party in interest is pending in the Central
District of California, United States and State of California et al. ex ref. Hendrix v.
J -M Manufacturing . Co. et al. Case Igo. ED CV - 0055 -GW. P &C and DP also
represent tam laird f relator John Hendrix "Hendrix" and have a separate
retainer agreement with him in that action. P &C and DP are also authorized to
initiate and represent Arroyo Grande in another action to be initiated in state court in
California, on the same subject smatter that raises causes of action than are not
currently being litigated in the first action. P &C and DP also represent other
California cities and governmental entities, including, by way of example, Alameda
County Water District CACWD"), Dublin San Damon Services District
("'DSRSD"'), East Bay Municipal Utility District "E MUD" , Moulton Niguel
Water District " lNWD" , Calleg as Municipal Water District IPCMWD" , Forth
Mann water District "NM D" , Palmdale water District "PwD" , South Tahoe
Public Utility District "S TPUD" , El Dorado Irrigation District `S ID" , Valley of
the Moon water District " MWD" , San Diego County, So uel Creek Water
District "SCwD" , and the Cities of Brentwood, Calistega, Chine, Livermore,
Oceanside, Oxnard, Pomona, Ripon, Sanger, Santa Cruz, Santa Maria, Santa Rosa,
Vallejo and Yountville, California and have separate retainer agreements with each.
P &C and DP may also represent other governmental entities who are currently real
parties in interest in the Lawsuits. Current and future P &C and DP clients in the
Lawsuits shall be referred to collectively as "Other Clients."
2. Arroyo Grande hereby authorizes P&C and DP to associate or consult
in this representation with such ether counsel as they may deem necessary. Unless
other -vise agreed to by Arroyo Grande, P &C and DP in writing, P &C and DP shall
be responsible for compensating any counsel with whom P &C and DP associate or
consult. Notwithstanding any such association of other counsel, and unless such
authority is expressly delegated by P &C and DP to ether counsel with the consent of
Arroyo Grande, P &C and DP shall retain the autor*ty and responsibility of counsel
in any litigation pursuant to this Detainer Agreement, subject to the direction of the
Arroyo Grande City Attorney as provided render paragraph 8.
7160047-8-1
Agenda Item 8.f.
Page 6
Scope of Representation
3. Arroyo Grande understands that P &C and DP will represent it to
prosecute Arroyo Grande's claims under the California False Claims Act and
common law claims by Arroyo Grande. Arroyo Grande understands that the
representation presently undertaken by P &C and DP is limited to matters necessary
to bring the Lawsuits to conclusion before the trial court. The representation
currently includes pursuit of claims on behalf of Hendrix, ACWD, CMW ,
DSRS , EBMUD, NINW , NMW , PW , STPU , EID, VOMW , San Diego
County, SCWD, Brentwood, Callstga, Chino, Livermore, Oceanside, Oxnard,
Pomona, Ripon, Sanger, Santa Cruz, Santa Maria, Santa Rosa, Vallejo and
Yountville, and may, in the future, include pursuit of other state or federal False
Claims Act Claims and common later claims on behalf of other states, localities
and/or their respective public water systems.
4. Arroyo Grande has been informed and understands that P &C and IMP
do not represent it in connection with the negotiation of the terms of this Detainer
Agreement. Father, P &C and IMP are each acting on its own behalf and Arroyo
Grande is entitled and encouraged to review this Detainer Agreement with separate
counsel.
5. In the absence of a written agreement to the contrary, P &C and IMP do
not represent Arroyo Grande in any legal matter other than as set forth herein.
Arroyo Grande's Obligations
6. Where appropriate, Arroyo Grande, P &C and IMP will attempt to
consult with one another before discussing the Lawsuits with the media or any other
third party.
7. Arroyo Grande agrees to provide promptly any and all information
requested by P C and IMP and to cooperate fully in the prosecution of the Lawsuits,
including but not limited t, attending scheduled hearings and meetings, answering
truthfully any interrogatories propounded by opposing parties, appearing for the
taking of any deposition, and participating cooperatively in any judicial or other
proceeding as may arise during the course of the Lawsuits.
While P &C and IMP will act as outside counsel for Arroyo Grande in
prosecuting its claims in the Lawsuits as provided in this Retainer Agreement,
Carmel & Icch LLP "City Attorney" shall at all times remain Arroyo
Grande's general legal advisor. In addition, City Attorney shall retain control over
the course and conduct of the Lawsuits, including any settlement, and shall have the
right to veto P &C and DP decisions about the Lawsuits. An attorney from the City
Attorney's Office with supervisory authority shall be assigned to be personally
involved in overseeing the Lawsuits. City Attorney shall have responsibility for
71600428,1
Agenda Item 8.f.
Page 7
facilitating access of P&C and IMP to Arroyo Grande's personnel and records in
connection with the Lawsuits. As between P &C and DP, on the one hand, and City
Attorney on the other, City Attorney shall have primary responsibility for informing,
advising and consulting with its public water systems directors, City Council, or
other governing bodies with respect to the Lawsuits, including without limitation
issues relating to its settlement.
Attorneys' Fees Costs and Expenses
9. Arroyo Grande understands that, if it elects to intervene in the False
Claims Act Lawsuits, Arroyo Grande would be required under the California False
Claims Act to provide to Hendrix — as the i tarn plaintiff - at least 15% but not
more than 33% of the money recovered y Arroyo G rande from Defendants; if
Arroyo Grande elects not to intervene, it would be required to pay Hendrix at least
25% but not more than %. Arroyo Grande also understands that it has no legal
obligation to share with Hendrix any of the money it recovers from Defendants
under any of its common laver claims. Arroyo Grande nevertheless agrees to share
any common lain recovery with Hendrix in order to minimize the conflicts of
interest that might otherwise arise between Hendrix and Arroyo Grande. Therefore,
Arroyo Grande, P& C, DP, and Hendrix understand and agree that Arroyo Grande
will pay to Hendrix 30% of the full amount of any award or settlement Arroyo
Grande recovers under any legal theory from Defendants, or any of therm, as a result
of the Lawsuits ( "the F elator's Share"). To compensate P &C and DP for their
services, Arroyo Grande, P &C, and DP understand and agree that, in addition to
paying Hendrix the elator's Share, Arroyo Grande will pay to P &C and DP 5% of
the full amount of any award or settlement Arroyo Grande recovers from
Defendants, or any of them (before payment of the Felator's Share) as a result of the
Lawsuits "the contingent fee").
10. Arroyo Grande has been informed and understands that the above fees
are not prescribed by law but are negotiable between attorney and client. Arroyo
Grande has also been informed and understands that Hendrix has agreed to pay to
DP and P &C a percentage share of his portion of any recovery in the Lawsuits.
11. For as long as they remain counsel to Arroyo Grande in the Lawsuits,
P &C and DP agree that they will advance all funds needed to pay for the following
expenses incurred in connection with representing Arroyo Grande in the Lawsuits:
filing fees, faxing, postage, phone, routine photocopying (other than photocopying
performed by Arroyo Grande, as described below), transcripts, court reporters and
expert witness expenses as well as the costs involved in taking and defending
depositions and preparing for and prosecuting Arroyo Grande's claims at trial. The
parties agree that all internal costs and expenses of the Lawsuits including without
limitation photocopying expenses incurred by or on behalf of Arroyo Grande in
connection with responding to subpoenas and document requests, shall be advanced
by Arroyo Grande. To the extent that any costs and expenses advanced or incurred
7I00042F 1 3
Agenda Item 8.f.
Page 8
by P&C and DP are later awarded to Arroyo Grande by the court or recovered
through settlement, Arroyo Grande hereby assigns to P &C and DP such award or
settlement proceeds. Any reasonable costs and expenses associated with the
Lawsuits that are incurred or advanced by P &C, DP or by Arroyo Grande, but that
are not awarded by the court or recovered through settlement, shall be reimbursed to
the party who incurred or advanced the expenses from Arroyo Grande's recovery, if
any, prior to the division and distribution of such recovery referred to in paragraph
above.
12. Arroyo Grande shall not be obligated to pay or to guarantee payment of
any compensation to P &C or DP for services rendered or costs incurred in the
Lawsuits other than as set forth in this Retainer Agreement. If for any reason there
is no recovery in the Lawsuits, Arroyo Grande shall not be obligated to pay for or
reimburse to P &C or DP any costs incurred in connection with the Lawsuits.
13. Arroyo Grande agrees to cooperate fully in the prosecution of any
claim by P &C and DP for court awarded expenses, costs, or fees.
Termination of Representation
1, Arroyo Grande may discharge P &C and/or DP at any time by written
notice to P &C and DP. Upon termination or otherwise), Arroyo Grande retains the
right to demand return of all of its client files, including confidential
communications, provided, however, that P &C and DP may keep a copy of and
continue to use Arroyo Grande's confidential information in their continuing
representation of other parties in the Lawsuits.
15. If P&C and/or DP determine at any time that it is no longer feasible or
desirable to pursue the Lawsuits on behalf of Arroyo Grande, P&C and/or IMP may,
after providing thirty days written notice to Arroyo Grande, withdraw from further.
representation, as provided by law. In that event, the withdrawing firm shall be
entitled to a portion of the contingent fee as provided by law. As provided in
paragraph 22 below, in the event P &C and/or DP terminate representation of Arroyo
Grande, P &C and DP may beep a copy of and continue to use Arroyo Grande's
confidential information in their continuing representation of other parties in the
Lawsuits.
1. Arroyo Grande understands and agrees that in the event P &C and/or
DP is discharged and i Arroyo Grande proceeds with the Lawsuits with or without
substitute counsel; (ii) Arroyo Grande receives a recovery from Defendants, and (iii)
P &C and DP are not entitled to their full % contingent fee as provided in paragraph
9, then Arroyo Grande shall pay the discharged counsel on a quantum rneruit basis.
The parties agree that for purposes of this Retainer Agreement quantum m ruit shall
be measured as a portion of the % contingent fee described in paragraph 9 in
proportion to the percentage of the hours expended by the discharged counsel
71 boon - 2 B.1 4
Agenda Item 8.f.
Page 9
compared with the hours expended by substitute counsel, if any (appropriately
Freighted based upon normal hourly rates). In addition, Arroyo Grande understands
and agrees that, if IMP and/or P&C is discharged, endrix's right to share in any
recovery obtained from Defendants shall not be affected, i.e. Hendrix shall continue
to receive 28% of the full amount of any award or settlement Arroyo Grande
recovers from Defendants as a result of the Lawsuits 5 including the California False
Claims Act and common laver claims, as provided in paragraph 9 hereto. Arroyo
Grande also understands and agrees that it will not object to the discharged counsel's
continued representation of the Other Clients.
Waiver of Potential Conflicts Arisiniz from Representation in Matters Unrelated
to the Lawsuits
17. Arroyo Grande hereby agrees that P &C and IMP, at any time, may
represent existing or new clients in any matter (including without limitation any
litigation, action, proceeding, transaction or negotiation) that is not substantially
related to the Lawsuits, even if the interests of those clients are directly adverse or
potentially directly adverse to Arroyo Grande. Arroyo Grande hereby expressly
waives any conflict of interest that may hereafter arise in connection with such
representation.
18. Except as to information disclosed to Other Clients whom IMP and P &C
represent in the Lawsuits, Arroyo Grande's confidential information obtained in the
course of the Lawsuits will remain confidential and will not be disclosed to any
other clients of DP and P &C. In the event of any representation adverse to Arroyo
Grande, not involving parties to the Lawsuits, DP and P&C will establish as
appropriate, procedures to male certain that no attorney or paralegal working on
such matter has access to any confidential information which Arroyo Grande has
provided to P&C and/or IMP.
Waiver of Conflicts Resulting From Joint Representation of Arroyo Grande and
Other Clients in Lawsuits
19. Arroyo Grande is aware that while multiple representation may result
in economic or tactical advantages, it also involves significant risks. Arroyo Grande
understands that P&C and DP's joint representation of Arroyo Grande and Other
Clients creates the potential for a conflict of interest to arise between or among
them, or any of them, in the future. The potential for conflict exists for at least the
following reasons: 1 because P &C and IMP are entitled to statutory attorneys' fees
under the California False Claims Act for the prosecution of Hendrix's claims but
P&C and DP are not entitled to statutory fees for the prosecution of the claims of
Arroyo Grande or any additional Other Clients; and (ii) because Arroyo Grande may
wish to pursue a litigation strategy or tactic, including without limitation settling the
Lawsuits', with which one or more of the Other Clients disagree or believe to be
contrary to their /its interests. Conversely, one or more of the Other Clients may
7 1600428 1
Agenda Item 8.f.
Page 10
want to pursue a litigation strategy or tactic, including without limitation settling the
Lawsuits, with which Arroyo Grande disagrees or believes to be contrary to its
interests. Arroyo Grande hereby expressly waives any such conflicts of interest that
may currently exist or hereafter arise between it on the one hand, and the Other
Clients, or any of theta, on the other Band. P&C and DP represent that they have
informed Hendrix of the potential for a conflict of interest arising from the joint
representation and Hendrix has executed a formal, written conflict of interest
waiver. Should P &C or DP agree to represent additional Other Clients, they will
similarly inform them and execute waivers with therm.
2. Arroyo Grande, P &C and DP are not aware of any adversity or
conflicts f interest that currently exist. } Should a conflict of any type develop in the
course of the representation of the Arroyo Grande by P&C and DP in the Lawsuits
(including without limitation those waived in paragraphs 17 and 19 above), P &C
and IMP might reach the conclusion that they cannot continue to represent all of their
then clients. Arroyo Grande hereby agrees that, should P &C and DP in their sole
discretion reach such a conclusion, P &C and >P may terminate their relationship
with Arroyo Grande pursuant to the terms of the Retainer Agreement and continue
to represent one or more of their Other Clients in the Lawsuits, even though P &C
and IMP would be in possession of Arroyo Grande's confidential information and
even though, as provided in this Retainer Agreement, Arroyo Grande agrees that
P &C and IMP may keep a copy of and use that confidential information in their
continued representation of Other Clients in the Lawsuits and those Other Clients
may be adverse to Arroyo Grande. Arroyo Grande understands that in the event that
P &C and IMP determine that a conflict does exist and that P &C and IMP could not
continue to represent all of their Other Clients, P &C and IMP would continue to
represent Hendrix and one or more of the additional Other Clients rather than
Arroyo Grande. Arroyo Grande hereby agrees that, in the event P &C and DP
terminate their representation of Arroyo Grande and continue with representation of
Other Clients, Arroyo Grande will not assert any conflict of interest (such conflicts
having been expressly waived herein) and will not seek to disqualify P &C and/or
P from representing Hendrix and/or any Other Clients notwithstanding any
conflict or adversity that may develop. Arroyo Grande further understands that,
even with thirty days' written notice, the termination of P &C and DP's
representation of Arroyo Grande, as provided by law, could come at an inopportune
time (even at trial). In the event P&C and DP terminate their representation of
Arroyo Grande, they agree to take reasonable steps to reduce any hardship or
prejudice to Arroyo Grande, including supporting reasonable requests for extensions
or reasonable delay of trial in order to allow Arroyo Grande an opportunity to obtain
replacement counsel.
21. Arroyo Grande hereby agrees that in the event that P &C and DP
terminate their representation of Arroyo Grande, P &C and DP shall be entitled to
keep a copy of and use Arroyo Grande's confidential information in their continued
71 crx,42 F I 6
Agenda Item 8.f.
Page 11
representation of other clients in the Lawsuits. Further, Arroyo Grande hereby
agrees that P &C and DP at any time may share Arroyo Grande's co nfidential
co mmunic atl ons with Other Clients whom P &C and D P are jointly representing in
this matter even if P &C and DP are no longer representing Arroyo Grande).
22. Furthermore, because P &C and DP will be jointly retained by both
Arroyo Grande and the Other Clients in this Lawsuits, in the event of a dispute
between Arroyo Grande on the one hand and Other Clients, or any of them, on the
other hard, the attorney-client privilege generally will not shield Arroyo Grande's
communications ation with P &C and DP from discovery by the Other Clients whom P &C
and DP are ; jointly representing.
23. Conflict waivers are always serious matters and always have Potential
downsides to the waiving party. In this case, the Arroyo Grande's waivers may
result, for example, in P &C and DP being adverse to Arroyo Grande while in the
Possession of confidential or other information which Arroyo Grande has Provided.
In addition, it is Possible in accordance with these waivers that P &C and DP would
be simultaneously representing Arroyo Grande and parties adverse to Arroyo
Grande and that this may cause Arroyo Grande to lose confidence in P &C and DP at
an inopportune moment when it would be disadvantageous to Arroyo Grande to
discharge P &C and DP. The waivers set forth in Paragraphs 17-22 above are
particularly critical to Arroyo Grande's rights and interests. For this reason, and
because of the importance and complexity of conflict waivers generally, P &C and
DP strongly recommend that Arroyo Grande consult with independent counsel prior
to executing the Retainer Agreement so that Arroyo Grande may independently he
advised of its rights and needs.
Arbitration
24. IN THE EVENT OF A DISPUTE BETWEEN OR AMONG THE
PARTIES HERETO REGARDING FEES, COSTS, OR ANY OTHER
MATTER RELATED TO OR ARISING OUT OF THIS RETAILER
AGREEMENT, THE LAWSUITS, OR THE ENGAGEMENT BY ARROYO
GRANDE DE THE ATTORNEYS HEREIN, INCLUDING WITHOUT
LIMITATION THE QUALITY OF THE SERVICES RENDERED, THE
DISPUTE SHALL BE DETERMINED, SETTLED AND RESOLVED BY
ARBITRATION IN CALIFORNIA AND CALIFORNIA LAW WILL APPLY,
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,, THE
PARTIES EXPRESSLY AGREE THAT ANY AND ALL QUESTIONS AS T
WHETHER OR NOT AN ISSUE CONSTITUTES STITUTES A DISPUTE OR OTHER
MATTER ARBITRABLE UNDER THIS PARAGRAPH 24 SHALL
THEMSELVES BE SETTLED BY ARBITRATION IN ACCORDANCE
WITH THIS PARAGRAPH 24. ANY AWARD SHALL BE FINAL, BINDING
AND CONCLUSIVE UPON THE PARTIES, AND A JUDGMENT
RENDERED THEREON MAY BE ENTERED IN ANY COURT HAVING
716004291 7
Agenda Item 8.f.
Page 12
JURISDICTION 'THEREOF. THE PREVAILING PARTY IN ANY SUCH
ARBITRATION SHALL BE ENTITLED TO REASONABLE ATTORNEYS'
FEES AND COSTS.
Arbitration may be emanded by the sending of written notice to the
other party or parties. If arbitration is eman l 1, within twenty 2 clays of
the demand Arroyo Grande shall present a list of five qualified individuals
who would be willing to serge that Arroyo Grand e would find acceptable to
act as arbitrator. To serge as arbitrator, the individual must be a retired judge
laving served on any federal court or the California Superior Court or higher
court in the State of California. Within twenty 2 days of P&C and IMP
receiving Arroyo Grande's list, P&C and LAP may at their sole discretion
(1) select any individual from that list and that individual shall serve as the
arbitrator, or 11 propose their own list of five individuals for arbitrator.
If P&C and LAP choose to present a separate list, Arroyo Grande may within
twenty 2 clays select any individual from that list and that person shall
scare as arbitrator. If no arbitrator can be agreed upon at the end of this
process, Arroyo Grande on the one hand and P&C and LAP on the other hand
shall select one individual from their own respective list and those two
persons shall jointly select the arbitrator. The arbitration shall be conducted
pursuant to the procedures set forth in the California Code of Civil Procedure
§§ 1280, et seq., and in that connection Arroyo Grande, P&C and LAP agree
that Section 1283.05 thereof is applicable to any such arbitration. Unless
inconsistent with California Code of Civil Procedure §§ 1 280, et seq. (ire
which case §§ 1280, et seq. shall prevail), the arbitration will be conducted by
the 1rlerican Arbitration Association pursuant to its then current rules.
Miscellaneous
2. The entire agreement between Arroyo Grande, P&C and LAP relating to
the subject matter of this Retainer Agreement is ntained herein. N promises,
inducements r considerations have been offered, accepted or given except as
herein set forth. This Retainer Agreement supersedes any prior oral or written
agreement concerning the subject matter of this Retainer Agreement.
2 6. This Retainer Agreement may not be modified, hang d, altered or
amended in any way except in a writing signed by all parties. The parties expressly
agree that no oral modification f this Retainer g m nt shall be effective,
notwithstanding any provisions of the governing la w that may allow for oral
modification.
Agenda Item 8.f.
Page 13
+7. The parties hereby a 1 n l g that they have read and understand the
foregoing, that they have had the opportunity to consult with independent counsel,
and that they agree to the representation n the terms set forth in this Retainer
Agreement.
28. If any provision of this Retainer Agreement is held in whole or in part to be
unenforceable for any reason, the remainder f that provision and of the entire Retainer
Agreement will be severable and remain in effect.
9. Duplicate originals of this Retainer Agreement will be executed by the Parties.
This Agreement may b e executed in one or more unt rparts, each o fwhich shall be
deemed an original but all of which shall together constitute one and the same agreement.
71600428-1 9
Agenda Item 8.f.
Page 14
THE UNDERSIGNED HAS READ AND AGREES TO THE FOREGOING
EIGHT PAGES CONSISTING OF TWENTY -NINE (29) PARAGRAPHS.
PARAGRAPH 24 CONTAINS AN AGREEMENT TO ARBITRATE AND THUS
WAIVES RIGHTS TO COURT PROCEEDINGS AND JURY TRIAL.
Dated:
Dated:
PHILLIPS & COHEIR LLP
DAY PITNEY LLP
AGREED; CONFLICTS WAIVED AS PROVIDED ABOVE:
Dated:
CITY OF ARROYO GRANDE,
CALIFORNIA
B signing below, I understand and agree to the Reltor's Share provided in
paragraph 9.
Dated:
1
DIM
JOHN HEI DRIX
Agenda Item 8.f.
Page 15
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.f.
Page 16
PAR
INCORPORATED
MEMORANDUM
JULY 1 0, 1e1
o�
To: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MIKE LINN, ASSISTANT CITY ENGINEER
SUBJECT: CONSIDERATION of A RESOLUTION ACCEPTING EASEMENTS FOR
THE EL CAMINO REAL REHABILITATION AND ENHANCEMENT
PROJECT, PIN 2008-09
DATE: MARCH 8, 2011
RECOMMENDATION:
It is recommended the City Council adopt a resolution accepting slope easements for
specific properties adjacent to El Camino Real to facilitate construction of a soil nail
re ta ining wa ll.
FINANCIAL IMPACT:
There are no financial impacts associated with this action.
BACKGROUND
O n October 2, 2010, the City Council approved the construction plans and
specifications for the El Camino Real Rehabilitation and Enhancement project and
authorized staff to advertise for construction bids upon receipt of Fund Allocation from
the California Transportation Commission and Authorization to Proceed with
Construction from Caltrans.
The project scope of work includes:
• resurfacing El Camino Real between Oak Park Boulevard and East Grand Avenue,
under Highway 101 between El Camino Real and Vilest Branch Street, and the
existing Park and Fide lot near Halcyon Road;
• restriping El Camino Real to allow for Class II bicycle lanes between Oak Park
Boulevard and East Grand Avenue, with the exception of the segment between
Frisco Road and Halcyon Road which will be a Class III bicycle route in the
northbound direction;
restriping of E1 Camino Real between Cornwall Avenue and East Grand Avenue to
include a center lane for left turn movements into the adjacent commercial
developments and onto East Grand Avenue;
Agenda Item 8.g.
Page 1
CITY COUNCIL
CONSIDERATION of A RESOLUTION ACCEPTING EASEMENTS FOR THE EL
CAMII O REAL REHABILITATION ILITATIOI AND ENHANCEMENT T PROJECT, P 112 -
MARCH 8, 2011
PAGE 2
installation of a soil nail wall and infill sidewalk on the south side of El Camino Real
between Oak Park Boulevard and Robles Road;
expansion of the Park and Fide lot fronting Highway 101 between Halcyon Road
and Bennett Avenue by an additional 19 spaces (includes 5 handicap spaces) plus
10 additional spaces on the south side of El Camino Real unrest of the Faeh street
intersection, and the addition of an area for future bus stop amenities;
installation of a new -inch waterline along Oak Park Boulevard and El Camino Real
connecting the existing -inch waterline at the Oak Park Boulevard/Chilton Street
intersection to the existing 12-inch waterline near the El Camino Real/Robles F ad
intersection;
installation of a new 12 -inch waterline along El Camino Real between Cornwall
Avenue and East Grand Avenue to serge future development in the area; and
upgrade of an existing 12 -inch storm drain to an 18-inch storm drain unrest of the
Cornwall venue El Camino Real intersection.
ANALYSIS SIS of ISSUES:
The construction of sidewalk infill segments directly east of the Oak Park intersection
requires excavation into an existing hillside and the construction of a retaining wall. To
minimize the extent of the excavation and environmental impacts, a soil nail retaining
wall is proposed. This method of construction allows the contractor to shear the earth
vertically into the hillside to the proposed physical limits of the wall. Soil nails,
essentially 15 to 25 feet long galvanized steel nails, are then driven horizontally into the
hillside for stabilization. The wall is then constructed with shot rete (sprayed concrete),
using the shear fa of the hillside as the form.
Due to the limits of the right-of-way adjacent to El Camino Real, there are instances
where the soil nails will protrude past the right -of -way line into private property, usually
within five feet. Although the property at this depth is not usable by the adjacent
property owners, the City must obtain a permanent easement to install the soil nails and
allover access for any future maintenance that may be required.
Staff is working the property owners to execute the agreements. It is anticipated that all
agreements will be executed prior to the Council meeting.
Agenda Item 8.g.
Page 2
CITY COUNCIL.
CONSIDERATION of A RESOLUTION ACCEPTING EASEMENTS FOR THE EL.
CA IINO REAL REHABILITATION ILITATION AND ENHANCEMENT PROJECT, PW 2008-09
MARCH 8, 2011
PAGE 3
ALTERNATIVES: 4
"rhe following alternatives are provided for the Council's consideration:
Adopt the resolution to accept the perma nent easements;
Do not approve the easements;
- Provide direction to staff.
ADVANTAGES:
Adoption of the resolution to accept the permanent easements will enable the City to
submit the project t o Caltrans to review the project to approve the right of gray
certifications. Caltrans will then issue a notice to proceed to the City to enable
advertisement of the project for formal construction bids.
Without the easements, the project will require the construction of a traditional
cantilevered retaining wall, which requires a considerable amount of excavation behind
the gall into the hillside. This would not only be more expensive, but also would require
revision t o the environmental determination as well. A temporary construction
easement would also be required to enable excavation on the adjacent properties.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL ONMENTAL. F E IE :
No environmental revie w is required for this ministerial item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, (larch 3, 2011. The Agenda
and staff report were posted on the City's webie on Friday, (March 4, 2011. No public
comments were received.
Attachment:
1. Easements
Agenda Item 8.g.
Page 3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
F ARROYO GRANDE RE APPI II SLOPE EASEMENT
DEEDS FOR THE EL CAMINO REAL REHABILITATION
AND ENHANCEMENT T PF JECT, P II 2008 -
WHEREAS, the City Council approved the plans and specifications for the El Camino
Real Rehabilitation and Enhancement project, PII 2008 -9; and
WHEREAS, the proposed retaining gall on the south side of the El Camino roadway
directly east of the Oak Park Boulevard intersection requires the installation of soil nails
that will protrude beyond the right-of-way into the hillside on the adjacent properties.
NOVA, THEREFORE, F E, E IT RESOLVED by the City Council of the City o Arroyo
Grande does hereby accept the offers of slope easements attached in Exhibit " ":
On motion of Council Member
and by the following roll call vote, to grit:
, seconded by Council Member
AYES:
NOES:
ABSENT:
the foregoing Resolution e ra passed and adopted this
day of 2011.
Agenda Item 8.g.
Page 4
RESOLUTION NO.
PACE
TIDY FERRARA, MAYOR
ATTEST.
KELLY WETM RE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORAM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 8.g.
Page 5
A" :1 = �1
R C RDWG REQUESTED B:
City of Arroyo Grande
Public works Depa
208 East Branch Street
Arroyo Grande, CA 93420
NVEIIEN RECORDED RETURN To:
City of Arroyo Grande
A.P. No. 077 - 04 1 - 004 ] SPACE ABOVE THIS LINE FOR RECORDER'S USE
No recording fee per Government Code § 6103
No Documentary Transfer Tax per Revenue &Taxation Code § 11922
SLOPE EASEMENT DEED
FOR A. VALUABLE LE CONSIDERATION, receipt of which is hereby acknowledged,
MARIO VILLANUE an TRISHA S. VILLANUEVA, husband and wife
hereinafter referred to "GRANTOR"
do hereby GRANT to the
CITY of ARROYO GRANDE, a rn� ipal corporation i n th e State of California,
hereinafter referred to as "CITY ":
WITNE S SE TH
That GRANTOR, for a valuable consideration, receipt of which is hereby acknowledged,
does hereby grant into CITY, its successors a.n4 assigns, a perpetual, permanent and exclusive slope
easement for the present and future construction,, oconstruction, operation, repair and maintenance of a
public road and appurtenances, and for such excavation and embankment slopes for the lateral and
subjacent support of the road, roadbed and appurtenances, including said anchor supports for retaining
wall, in such number and size, and with such accessory parts and structures, including soil nails, as
Cam, or its successors in interest, from time to tie, deem necessary to install ove upon, under and
across that certain real property situated in the City of Arroyo Gra nde, County of San Luis Obispo, State
of California, descnibed as follows:
see attached legal descri Exhibit "A and ma as Exhibit "B",
each attached hereto and made a part hereof
Additionally, GRANTOR does hereby further grant to CITY, its successors and assigns, the necessary
rights of entry to and from the herelnabo a described property for construction,, reconstruction,
operations, re or maint enance.
Agenda Item 8.g.
Page 6
The provisions hereof shall inure to the benefit of the CITE', its successors and assigns, and shall hind the
heirs, executors, administrators, assigns and successors in interest of the respective parties hereto, and all
covenants shall apply to and run with the above described property.
Date
GRANTOR;
M
MARIO VILLANUEVA
Date:
MD
TRISHA S. VILLANUEVA
Agenda Item 8.g.
Page 7
Exhibit A
Lean Description
The northerly 15 feet of that property described as Parcel 1 in a Grant Deed
to Mario Villanueva and Trisha S. Villanueva, recorded December 28, 2001
as Document No. 20011 11 f Official Records rd in the San Luis Obispo
County Re Office, City of Arroyo Grande, County of San Luis Obispo,
State of California.
The above described strip of land is graphically shogun on the attached Exhibit
"B" shogun hereon and made a part hereof.
End of Legal Description
7124/09
Joseph T. Morris PLS 6192 Date
License Expiration Date: 8/30/2010
illanueva's Property.d
r �� D v� h T. 0
. 61912
Exp. 3131110
9r � Of CAL\F���
Agenda Item 8.g.
Page 8
CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 2751
This is to certify that the CITY OF ARROYO GRANDE, grantee herein, hereby accepts
for public purposes the real property, or interest therein, described in the foregoing Slope
Easement Deed dated , 201, from Mario Villanueva and Trisha S.
vii anu , Grantor therein, and consents to the recordation thereof.
In Witness whereof, I have hereunto set nay hand this day of 3 ,200 .
CITY OF ARROYO GRANDE
ATTEST:
■
Name:
Title:
Agenda Item 8.g.
Page 9
RECORDING REQUESTED BY:
City of Arroyo Grande
Public. Works Department
208 East Branch Street
Arroyo Grande, CA 93420
WHEN RECORDED RETURN TO.
City of Arroyo Grande
AR No. [ 077-041-002 ] SPACE ABOVE THIS LINE FOR RECORDER'S USE
No recording fee per Government Code § 6103
No Documentary Transfer Tax per Revenue &Taxation Code § ] 1922
SLOPE EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
GERRIT B. BERG and KIMBERLY BERG, husband and wife
hereinafter referred to as "GRANTOR"
do hereby GRAFT to the
CITY OF ARROYO GRANDE, a municipal corporation in the State of Califomia,
hereinafter referred to "CITY ":
WITNESSETH:
That GRANTOR, for a valuable consideration, receipt of which is hereby acknowledged,
does hereby grant unto CITY, its successors and assigns, a perpetual, permanent and exclusive slope
easement for the instal ltion of anchor supports for present and future construction, reconstruction,
operation, repair and maintenance of a public road and appurtenances, and for such excavation and
embankment slopes for the lateral and subjacent support of the road, roadbed and appurtenances,
including said anchor supports for retaining wall, in such number and size, and with such accessory parts
and structures, including soil nails, as CITY, or its successors in interest, from time to time, deem
necessary to install over, upon, under and across that certain real property situated in the City of Arroyo
Grande, County of San Luis Obispo, Mate of California, described as follows:
see attached legal description Exhibit "A" and map as E hibit "B"
each attached hereto and made a part hereof
Additionally, GRANTOR does hereby further grant to CITY, its successors and assigns, the
necessary rights of entry to and from the hereinabove described property for construction, reconstruction,
operations, repair, or maintenance.
Agenda Item 8.g.
Page 10
The provisions hereof shall inure to the benefit of the CITY, its successors and assigns, and shall
bind the heirs, executors, administrators, assigns and successors in interest of the respective parties
hereto, and all covenants shall apply to and run with the above described property.
Date:
GRANTOR:
By:
GRIT B. BERG
Date:
By:
KIMBERLY BERG
Agenda Item 8.g.
Page 11
Exhibit A
Legal Description
The northerly 15 feet of that property described as Parcel 2 in a Grant Deed
to Gerrit B. Berg and Kimbedy Berg, recorded April 19 2006 as Do cument
N o. 2006027019 of Official records in the San Luis Obispo County
recorder's Office, City of Arroyo Grande, County o f San Luis Obispo, State of
Callifomia.
The above described strip of land is graphically shown on the attached Exhibit
"B" shown hereon and made a part hereof.
End of Legal Description T �.
�,
OAS
Joseph T. Il,llorns PLS 6 192 Date
License Expiration Date: 8/30/2010 No. 6192
Berg's Property.doc Z` .
OF . i
Agenda Item 8.g.
Page 12
- -- - Agenda Item 8.g.
Page 13
EX HIBIT B
" NO.: 2 2%WW
Wo �CcpJW
..
SKETCH OF LEGAL DE RIPTI N
PARCEL 2 DOC NOs3 2006427019
RAMNG:LEGAL
D RAWN B Y MM
CITY O ARROYO G RAND E
DATE: MW9
WAUA )UP
COUNTY OF LUIS I P , CA
HEFT: I OF 1
- -- - Agenda Item 8.g.
Page 13
CERTIFICATE OF ACCEPTANCE, GOVERNMENT T CODE SECTION 2 781
This is to certify that the CITY OF ARROYO GRANDE, grantee herein, hereby accepts
for public purposes the real property, o r interest therein, described in the foregoing Slope
Easement Deed dat ed , 200 , from Gerrit B. Bere and Kimberl
r , Grantor therein, and consents to the recordation thereof,
In Witness Whereof, I have hereunto set my hand this ! clay of , 200_.
CITY OF ARROYO GRANDE
ATTEST.
By:
l`a:
Title:
Agenda Item 8.g.
Page 14
RECORDING REQUESTED BY;
City of Arroyo Grande
Public Works Department
208 East Branch Street
Arroyo Grande, CA 93420
WHEN RECORDED RETURN TO:
City of rroro Grande
A.P. No. [077 -041 -038] SPACE ABOVE THIS LINE FOR RECORDER'S USE
No recording fee per G v mm nt Code § 6103
No Documentary Transfer Tax per revenue & Taxation Code § 11922
SLOPE EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt o f which is hereby acknowledged,
KATHERINE ANNE DE VINCENZ , JOHN PETER DE VINCENZ , CRAIG M.
M D NALD, as Trustee and MARY A. 1 D NALD, as Trustee of the McDonald Family
Trust, and LARRY VERNON SMITH and LINDA MARIE SMITH, as Trustees of the
Larry Vernon Smith and Linda Marie Smith Living Trust,
hereinafter referred to as "GRANTOR"
do(es) hereby GRANT to the
CITY OF ARROYO GRANDE, a municipal corporation in the State of California,
hereinafter referred to as "CITY ".
WITNESSETFI:
That Grantor, for a valuable consideration, receipt of which is hereby acknowledged, does hereby
grant unto CITY, its successors and assigns, a perpetual, permanent and exclusive slope easement for the
present and future construction, reconstruction, operation, repair and maintenance of a public road and
appurtenances, and for such excavation and embankment slopes for the lateral and subjacent support of
the road, roadbed and appurtenances, in such number and size, and with such accessory parts and
structures, including soil nails, as CITY, or its successors in interest, from time to time, deem necessary to
install over, upon, under and across that certain real property situated in the City of Arroyo Grande,
County of San Luis Obispo, State of Califomia, described as follows:
see attached legal description Exhibit "A" and trap as Exhibit 64 WI
each attached hereto and made a part hereof
Agenda Item 8.g.
Page 15
Additionally, Grantor does hereby further grant to CITY, its successors and assigns, the necessary rights
of entry to and from the hereinabove described property for construction, reconstruction, operations,
repair., or maintenance.
The provisions hereof shall inure to the benefit of the CITY, its successors and assigns, and shall bind the
heirs, executors, administrator, assigns and successors in interest of the respective parties hereto, and all
covenants shall apply to and run with the above described property.
Date:
Date:
Date:
Date:
Date:
Date
m d.ag.deed
GRANTOR:
,.
Katherine Anne DeVincenzo
,.
John Peter DeVincenzo
By:
Craig M. McDonald, as Trustee
,.
Mary A. McDonald, as Trustee
,.
Larry Vernon Smith, as Trustee
By:
Linda larie Smith, as Trustee
-2m
Agenda Item 8.g.
Page 16
xis IIt A
Legal Description
The northerly 15 feet of the westerly 5 feet of Parcel 1 of Parcel Map No. AG-
81-52 In the City of Arroyo Grande, County of San L.uls Obispo, Mete of
California according to the map filed .July 27, 1 983 In Boob 33, Page 88 of
Parcel Maps in the office of the County Recorder of said County, also being
described in a Trust Transfer Deed to Craig M. McDonald and Mary A.
McDona id,, recorded August 11 1 20 Document No. 2000 - 045524 of
Official Records in the said County Recorder's Office.
The above described strip of land is graphically shown on the attached Exhibit
'13' shown hereon and made a part hereof.
End of Legal Description
7/24109
Joseph T. Morris P L S 6192 Date
License Expiration Date: 8/30/201
McDonald's Pr perty.doc
Of
No. 8192
EV.WtHO *1
.,-
Agenda Item 8.g.
Page 17
Agenda Item 8.g.
Page 18
EXH B JOB NO.. 232 -5
via CL^qM CaLM SK H OF LE DESCRIPT D A WING: L C14L
SM U M 086M CA SUM PARCEL 7 D C. MO 2000 45524 DRAWN BY. M
T ' °'M CITY O F ARROYO RANDS DATE
W GFU P1,1�P COUNTY OF LUIS OBISP09 CA T.
CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 2751
This is to ce rtify that the CITY OF ARROYO GRANDE, grantee herein, hereby accepts
for public purposes the real property, r interest therein, described in the foregoing Slope
ase�ent Deed dated , _, from _Katherine Arne Ieineno,
John peter I eVineen o Craig M. McD as Trustee, Mary A. McDonald, as Trustee L g M
ernon Smith as Trustee and Linda Marie Smith as Trustee, Grantor therein, and consents to
the recordation thereof,
In Witness W hereof, I h hereunto set my hand this day of , 200 .
CITY O ARROYO GRANDE
ATTEST:
B y:
Name:
Title:
Agenda Item 8.g.
Page 19
RECORDING REQU BY.
Cit of Arroyo Grande
Public Works Department
208 East Branch Street
Arroyo Grande, CA 93420
WHEN RECORDED RETURN T:
City of Arroyo Grande
A. P. No. [ 077- O11 -O] 1 ] I SPACE ABOVE THIS LINE FOR RECORDER'S USE
No recording fee per Government Code § 6103
No Documentary Transfer Tax per revenue &. Taxation Code § 11922
SLOPE EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
DONALD RAYMOND DECH NCE and DIXIE RUTH DECHANCE,
as Trustees of the Donald and Dixie De han a Diving Trust,
hereinafter referred to as " GRANTOR ,.
do hereby GRAFT to the
CITY OF ARROYO GRANDE, a municipal corporation in the State of California,
hereinafter referred to as "CITY"
WITNESS NTH:
That GRANTOR, for a valuable consideration, receipt of which is hereby acknowledged,
does hereby grant unto CITY, its successors and assigns, a perpetual, permanent and exclusive slope
casement for the present and future construction, reconstruction, operation, repair and maintenance of a
public road and appurtenances, and for such excavation and embankment slopes for the lateral and
subjacent support of the road, roadbed and appurtenances, and with such accessory parts and structures,
including soil nails, as CITY, or its successors in interest, from time to time, deem necessary to install
over, upon, under and across that certain real property situated in the City of Arroyo Grande, County of
San Luis Obispo, State of California, described as follows:
see attached legal description Exhibit "A" and trap as Exhibit "B ",
each attached hereto and made a part hereof
Additionally, GRANTOR does hereby further grant to CITY, its successors and assigns, the
necessary rights of entry to and from the hereinabove described property for construction, reconstruction,
operations, repair, or maintenance.
Agenda Item 8.g.
Page 20
The provisions hereof shall inure to the benefit of the CITY, its successors and assigns, and shall
bind the heirs, executors., administrators, assigns and successors in interest of the respective parties
hereto, and all covenants shall apply to and run with the above described property.
Date:
A-MMIR;
DECHANCE DIVING TRUST
DONALD RAYMOND DECHANCE, as Trustee
DIXIE RUTH I EC ANCE, as Trustee
Agenda Item 8.g.
Page 21
Exhibit
Legal Description
A portion of that property described in a Grant Deed to the Dehane Living
Trust dated 5/28/91, recorded December 7 2001 as Document No.
2001 094909 of Official Re in the San Luis Obispo County Re
O ffi c e, City o Arroyo Grande, County of San Luis Obispo, State of California,
said portion being more particularly described as follows:
Being bounded on the north by the northerly line o said property;
Being bounded on the east by the easterly line o said property;
Being bounded on the south by a line lying 15 feet southerly and concentric t o
said northerly line;
Being bounded on the west by a line lying radial to and westerly 69 feet along
said northerly line from the northeasterly corner o f said property.
The above described strip of land is graphically shown on the attached Exhibit
"" sh hereon and made a part hereof.
End of Legal Description
7 124109
Joseph T. Morris PLS 6192
License Ep i ra do n Date 8/30/201
D e c han c e's Pr
Date
L A N D SUNG
T •
O� 0
No. 6192
Exp. W31 110
s,01X O
F CAS
Agenda Item 8.g.
Page 22
EL CAMINC REAL
SEE DETAIL
69, pp•
15'j
1
C. NO. 200 1 - 094909
APN 077-011-011
ECANCE, D.
PARCEL 2 AG -AL 97-057
C. NO. 1997-021908
1 LS 9
SCALE
0 25 50 100
1 INCH = 50 FEET
EXH IBIT B
612 CLARION COURT KETCH O F LEGAL DESCRIPTION
SM LUIS OBI &PO, CA 93101 PARCEL 2 A wAL 97=057
T X 29 4
F 805 5 CITY F ARROYO G
90�
W GR ` '..V8'% Qf°up.u-s C OF LUIS OBISPOp CA
JOB .. 232 -5626
DRA LEGAL
DRAWN N 8 . M
DA TE : 712009
SHEET ? OF ?
Agenda Item 8.g.
Page 23
CERTIFICATE TIFICAT 1 , ACCEPTANCE, GOVERNMENT CODE SECTION 2 781
This is to certify that the CITY of ARROYO GRANDE, grantee herein, hereby accepts
for public purposes the real property, or interest therein, described in the foregoing Slope
Easement Deed dates , 20 , from Donald Raymond Dechance, as
Trustee, grantor therein, and consents to the recordation thereof.
In Witness Whereof, I have hereunto set my hand this day of , foo
CI'T'Y of ARROYO GRANDE
ATTEST:
By:
Named
me ■
Title:
Agenda Item 8.g.
Page 24
PRO
WCORP RATE
'm if 10 11)1 1
`4 �, MEMORANDUM
I
T : CITY COUNCIL
FROM: TE MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT
BY: 4,,KELLY HEFFERI I, ASSOCIATE PLANNER
SUBJECT: CONSIDERAT IO F COMMUNITY DEVELOPMENT BLOCK GRANT CDBG
PROJECTS FOR YEAR 2011
DATE: MARCH 8,2011
RECOMME
It is recommended the City Council adopt a Resolution approving projects to be funded with the
C1t ' estimated allocation of CDBG funds for the Year 2011 as sho In the followin table
2010 Proposed 201
Project and Category Allocation Requested Allocation
Public Services % C - $17
EOC - Maxine Lewis Memorial shelter
$5,000
$5,000
$5
Senior Nutrition Prog Of SLO Count
$25,000
$5,000
$8
Transitional 'FOOd and Shelter, Inc
$2,500
$3,000
$3
EOC - Forty Wonderful
$1
$2,500
$1,500
EO - Senior Health Screen
$1
$2,000
$1 * 500
EOC - Teem Acad Parenting Prog ( TA PP
$900
$2,000
$1
B ig B rothers Big Sisters
$000
$5,000
$1, 050
Alliance for Pharmaceutical Access, Inc.
$3,500
$1,050
Subtotal
$28,000
$17,150
Public Facilities
Removal Of Architectural Barriers
$36
$41
$35,187
GRID Alternatives
$24
$5
Su btotal
$36,675 1
:S65 1
$40 187
Eco nomk D evelo pment
Mission Co Services Co rp oration
$0
$5,000
$5,000
Subt
$5,000
$5 + 000
Area Benefit 30% Ca - $3 ,
Code Enf r ement Activities
$ 0
Far,ade Grant
$15,000 $30,000
$25,000
Subtotal
$30,000 1
$35
Administration and Planning 0° Cap
$22,867
Ad ministration
$17,707 $21,
$17,000
Su btotal
$17 1 $21
$17
Total
$114,
Agenda Item 9.a.
Page 1
CITY COUNCIL
CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROJECTS FOR YEAR 2011
MARCH 8, 2011
PAGE 2OF7
FINANCIAL IMPACT:
The County has estimated than $114,337 in CDBG funds will be available to the City in
the Fall of 2011. This estimate is equal to the final adjusted figure for the 2009 fiscal
year. Ho wever, it should be noted than Congressional cutbacks are imminent for many
Federal programs including CDBG. Therefore, Council may need to reconsider its 2011
CDBG allocation later this year. If the cuts are relatively small, for example less than
20 %, cuts could be made across the board administratively. If the cuts are more
severe, some of the projects may need to be rescinded from the approval list, requiring
Council action.
BACKGROUND:
On June 10, 200 8, the City Council approved a Cooperative Agreement with the County
of San Luis Obispo for the joint participation in the CDBG Program for the years 200 9,
2010, and 2011. The City, as a participant in the Housing and Urban Development
(HUD) designated Urban County program, receives are annual formula -based allocation
of CDBG funds. These funds are available for a variety of Community Development
activities as long as the activities meet at least one of three national objectives. The
objectives are:
1. Benefit low- and moderate - income persons;
2. Aid in the prevention or elimination of slums or blight; or
3. Address urgent community development needs that pose a serious or immediate
threat to public health or welfare.
The County distributed a Request for Proposals (FFP) and notified the public that the
County and participating cities would accept applications for funding until October 22,
2010. In addition, City and County staff held a "deeds Assessment Workshop" on
October 7, 2010 to gather input from the public regarding the allocation of CDBG funds.
On December 14, 2010, the Council considered preliminary recommendations and
received input from various agencies that provide public services. After discussion than
included support for the proposed public service grants, acknowledgement that the City
has limited funds to allocate to many organizations, that this was a prise investment at a
lour per person Best, and that the allocation proposal provided for an equitable
distribution of funds, the Council made a motion to accept the preliminary
recommendations as proposed. O n February 16, 2011, County staff held a second
"Needs Assessment Workshop" to further gather input from the public regarding the
allocation of CDBG funds. No changes have been made to the preliminary
recommendations.
ANALYSIS of ISSUES:
Staff has prepared its recommendations using the following criteria that was set forth by
the County in the FFP:
1. Consistency with federal regulations and laws;
2. Community support (for example, approval of project by a city council);
Agenda Item 9.a.
Page 2
cinr COUNCIL
CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROJECTS FOR YEAR 2011
MARCH 8, 2011
PAGE 3 OF T
3. Seriousness of community development need proposed to be addressed by
project;
Degree to which project benefits low-income and very low-income families or
persons;
5. Feasibility of the project to be completed as budgeted and by December 31,
2010;
6. Cost effectiveness of funds requested and leveraging of other funds; and
7. Organization's experience or knowledge regarding CBG or HE
requirements.
The cooperative agreement between the County and the City gives discretion regarding
allocation of funds. Unless the City's recommendation to the County for funding is
clearly in conflict with C BG regulations, the County will approve the recommendation.
The final decision for funding priority gill occur sometime in February or March, 2010.
Public Services
The competitiveness for public services funds, which is capped at 15 percent, is
historically strong and requests far exceed available funds ($28,000 is requested and
$15,843 is available). Due to the competition for these limited funds, the additional
funding criteria belo w are used as a guideline to establish staffs recommendation:
Priority in funding consideration has been given to programs that provide the best
combination of the following program characteristics:
• - rhe provision of basic human needs. Services rated highest include those
providing food, shelter, clothing, urgent medical or crisis care, and basic
children's security. Moderate ranking includes those programs providing youth
services, social support, and non - urgent medical care.
• Provide needed services to the residents of the City of Arroyo Grande.
• Support a demonstrated need for services within the City of Arroyo Grande
based upon program action in prior gears.
Derive a majority of program funding from local entities and donations.
Have demonstrated proportional and fair funding requests to other agencies
within the County.
Would incur severe budget shortfalls if funding from the City of Arroyo Grande
would be withheld or drastically curtailed.
Provide services at the County level but no local facilities exist.
Have demonstrated the timely and efficient use of previous CBG funds. This
standard is important since H.U.D. and the County has mandated timely
spending of funds with one year of availability.
Recommended ended funding $5,000 ($5,000 requested); Maxine Levis Memorial shelter
(Economic opportunity Commission ion of San Luis Obispo county, Inc) — Staff
recommends funding in the amount of $5,000 for this project, which provides shelter,
food, showers and social services to the homeless. This recommendation is based upon
Agenda Item 9.a.
Page 3
CITY COUNCIL
C NSIDERA'rION of COMMUNITY DE EL PI IEN'r BLOCK GRANT (CDBG)
PROJECTS FOR YEAR 2011
MARCH 8. 2011
PAGE 4 OF
1 the provision of the most basic human services; 2 the shelter serves the South
County and is the closest facility of its type to the City of Arroyo Grande; the majority
of the project's funding is from local entities; 4 a proportional and fair funding request;
5) EC's excellent past performance in utilizing CDBG funds and fulfilling H.U.D.
documentation requirements; and the amount is commensurate with past funding
from the C ity.
Recommended funding $3,000 ($5,000 requested); senior Nutrition Program of
San Luis Obispo County — Staff recommends funding in the amount of $2,500 for this
program, which provides hot nutritionally balanced meals for seniors. This
recommendation mendation is based upon: 1 the provision of a high priority basic human needs
service; 2 the demonstrated need for the program based upon services from the
previous year of similar services; 3 a proportional and fair funding request; and 4 the
amount is commensu rate with past funding to similar programs from the City.
Recommended funding $3,000 ($3,000 requested); Motel Apartment Voucher
Program for the Medially Fragile Homeless (Transitional Food and shelter, Inc) —
Staff recommends funding in the amount of $2,500 for this program which provides
temporary shelter to the medically fragile homeless. This recommendation mendation is based
upon: 1 the provision of high priority services; 2 the majority of the program's funding
is derived from local sources; and 3 a proportional and fair funding request.
Recommended funding $1,500 ($2,500 requested); Forty Wonderful (Community
Action Partnership of Barn Luis Obispo County, Inc) — Staff recommends funding in
the amount of $1,500 for this program, which provides no -cost preventative health
screening programs for low income women over the age of 40. This recommendation is
based upon: 1 the provision of moderate priority medical care; 2 services are provided
within the City of Arroyo Grande; 3 The majority of the program's funding is derived
from local sources; 4 CAP's excellent past performance in utilizing CDBG funds and
fulfillment of documentation; a proportional and fair funding request; and 6 the
amount is commensurate with past funding from the City.
Recommended funding $1,600 ($2,000 requested); senior Health screening
Program (Community Action Partnership of San Luis Obispo County, Inc) — Staff
recommends funding in the amount of $1,500 for this program which provides
preventative and maintenance health screening programs for seniors. This
recommendation is based upon: 1 the provision of moderate priority medical care; 2
the utilization of two locations within the City of Arroyo Grande; 3 The majority of the
program's funding is derived from local sources; 4 CAPxs excellent past performance in
utilizing CDBG funds and fulfillment of documentation; and the amount is
commensurate with past funding from the City.
Agenda Item 9.a.
Page 4
CITY COUNCIL
CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROJECTS FOR YEAR 2011
MARCH 8, 2011
PAGE 50F7
Recommended mmended funding $1,050 ($2,000 requested); Teen Academic Parenting
Program (Community Action Partnership of San Luis Obispo county, Inc) — Staff
recommends funding in the amount of $900 for this program which provides healthcare,
education and mentoring to pregnant teens. This recommendation is based upon 1 the
provision of moderate priority medical care; 2 CAP'S excellent past performance in
utilizing CDEG funds and fulfillment of documentation; and 3 the amount is
commensurate with past funding from the City.
Recommended funding $1,050 ($5,000 requested); Big Brothers Big sisters (Big
Brothers Big sisters of San Luis Obispo county) — Staff recommends funding in the
amount of $900 for this program which provides mentoring for children bet ween the
ages of 6 to 16. This recommendation is based upon: 1 the provision of moderate
priority youth services; 2 the majority of the program's funding is derived from locat
sources; 3 a proportional and fair funding request; excellent past' performance in
utilizing CDEG funds and fulfillment of documentation; and the amount is
commensurate with past funding from the City.
Recommended mmended funding $1,050 ($3,500 requested); Alliance for Pharmaceutical
Access, Inc. — Staff recommends funding in the amount of $947 for this new program,
which assists with the provision of prescription medications to the community's poor and
working poor and seniors. This recommendation is based upon: 1 the provision of
moderate priority social services, 2 the majority of the program's funding is derived
from kcal sources; 3 a proportional and fair funding request; and the amount is
commensurate with past funding from the City.
The Literacy Program, which assists adult learners with the development of English
language skills, submitted their application after the deadline and is requesting $4,000.
In previous program years, the City has allocated funds ranging from $521 to $2,732 for
this program. Staff is not recommending funding for the Literacy Council this year due
its late submittal, but the request is presented for Council's information and
consideration. Allocating funds to this program will requi reallocation of the currently
recommended funding to other programs.
Public Facilities
Staff recommends allocating $35,'187 to assist in ADA improvements by removing
architectural barriers. This may include ADA ramps, sidewalk improvements or other
ADA related improvements to public facilities. Final determination of improvements will
be coordinated with the Sidewalk Improvement Plan and other Capital Improvement
Programs. There are at number of needed improvements that fall under this category.
Staff also recommends $5,000 to the GRID Alternative program which works to install
no cost photovoltaic systems on homes owned by low income families.
Agenda Item 9.a.
Page 5
cinr COUNCIL
CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROJECTS FOR YEAR 2011
MARCH 8, 2011
PAGE 6OF7
Economic Development
One request for $5,000 was received to assist the City in Economic Development
Activities from the Mission Services Community Services Corporation II CSC . II CSC
proposes to continue ongoing, on -site technical assistance to small businesses located
within the City of Arroyo Grande. Staff recommends funding the full request of $5,000.
Elimination of Slums and Blight
Efforts related to the elimination of slums and blight is limited to a 30 percent area
benefit cap. Due to an upturn in applications for the facade grant program (sic current
requests to share $15,000), staff recommends funding $25,000, which is a $10,000
increase over last year's allocation. staff also recommends continuing the temporary
elimination of the matching requirement for faade grants in -an effort to increase the
attractiveness of the program and provide assistance to local small businesses during
the economic downturn. See Attachment 2 for examples of businesses assisted with
Faade Grants.
Due to the reorganization of Neighborhood Services under the Police Department,
$10,000 is requested for Code Enforcement, which is a $6,685 decrease from the prior
year. Unused funds totaling $42,375 from previous years have been reallocated to
public facilities which can be immediately utilized to assist with ADA compliance
projects and reduce the risk of HIED revoking unused funds.
Administration and Planning
Funds requested for the administration of the CDBG program remains substantially
unchanged, although HIED administrative requirements are increasing. Staff
recommends allocating $16,416 for program administration. Due to reorganization
within the Community Development Department, staff has proposed to establish a real
time billing arrangement with the County of San Luis Obispo to assist with
administration efforts. Therefore, a portion of the funds will reimburse the City for staff
time and a portion will be used to contract with the County to administer the grants once
approved.
ADVANTAGES:
Utilization of the staff proposed criteria for the allocation of pubic service funds allows
the Council to distribute funding based upon essential and foundational human needs,
demonstrated community need, scarcity of similar programs and fair financial support
from regional entities,
DISADVANTAGES:
Utilization of the staff proposed criteria for the allocation of pubic service funds has
resulted in a trend of decreased recommended awards to longtime recipients. However,
the returning applicants have adjusted their request commensurate with available funds.
Agenda Item 9.a.
Page 6
cirr COUNCIL
CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROJECTS FOR YEAR 2011
MARCH 8, 2017
PAGE 70F7
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Adopt a Resolution olution authorizing recommended funding for CD G programs for
the year 2011;
- Modify the Resolution olution a appropriate related to recommend funding for CD G
programs for the year 2011 and adept ; or
- Provide direction to staff.
ENVIRONMENTAL ONMEI' TAL I EVIEW:
The allocation of CG funds is not considered, a project und the California
Environmental Quality Act (CE QA) and National Environmental Policy Act (NEPA).
Specific projects that may have environmental impacts will be reviewed under CE QA
and NEPA prior to implementation.
PUBLIC NOTIFICATION AND COMMENTS:
1TS:
A public hearing notice was republished in The Tribune on Friday, February 25, 2011.
The Agenda was posted in front of City Hall on Thursday, March 3, 2011 and posted on
the City's website on Friday, March 4, 2011. No public comments have been received.
Attachment
1. Examples of businesses assisted with Facade Grants
Agenda Item 9.a.
Page 7
RESOLUTION 1 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS
FOR YEAR 2011
WHEREAS, aria a Cooperation Agreement with the County of San Luis Obispo
(hereafter referred to "County" executed o June 10, 2008, the City agreed to
become ar participant for ar period of three years with the County and other cities therein
as an "Urban County" under the Federal Department of Housing and Urban
Development (hereafter referred to s "HUD" ) C BG program; and
WHEREAS, EAS, per the Cooperation Agreement, the City retains the authority to determine
which projects are to be funded with its allotment of CD G funds; and
WHEREAS, EAS, the City expects t receive $114,337 in CD G funds in 2011; and
WHEREAS, EAS, in 2010, the County published ar "Request for Proposals" for projects to be
funded under the 2011 CD G Programs, which provided that proposals were to be
submitted by October 22, 20 10; and
WHEREAS, EAS, n September 3 , 2009, the County conducted ar public workshop with the
City o Arroyo Grande to ascertain the housing and community development needs to
be addressed in the document entitled the "One-Year Action Plan" for program year
2010; and
WHEREAS, at its meeting o December 14, 2010, the City Council gave preliminary
approval to a proposed listing of 2010 CDG projects; and
WHEREAS, EAS, n February 16, 2011, the County conducted ar public workshop for the City
of Arroyo Grande to receive comments on the proposed 2011 CD G projects; and
WHEREAS, EAS, n March 8, 2011, the City Council held ar duly noticed public hearing to
further consider the City's Program Year 2011 CD G projects.
NOW, THEREFORE, F E, E IT RESOLVED by the City Council of the City o Arroyo
Grande, California, to recommend that the Board o f Supervisors for the County o f Baru
Luis Obispo adopt the Draft 2011 One -ear Action Plan, which shall include the
programs listed in Exhibit "A attached hereto and incorporated herein by this reference,
to be funded with the City's allocation of CD G funds.
Agenda Item 9.a.
Page 8
RESOLUTION NO.
PAGE 2
On motion of Council Member
r
following roll call Grote, to it:
AYES:
NOES:
ABSENT:
, seconded by Council Member , and on the
the foregoing Resolution a passed and adopted this day of March, 2011.
Agenda Item 9.a.
Page 9
RESOLUTION N .
PAGE
TONY FER AF A, MAYOR
ATTEST.
KELLY WET O E, CITY CLEF
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 9.a.
Page 10
RESOLUTION CVO.
PAGE
EXHIBIT "APP
ALLOCATION OF PROGRAM YEAR 2011 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS
"rhe City Manager is authorized to proportionally adjust final award amounts to alp
recipient based upon final funding distribution by the Department of Housing and Urban
Development.
Agenda Item 9.a.
Page 11
2010
Proposed 2011
Project and Category
Allocation
Requested
Allocation
Public Services 15 Ca - $17,151
E - Maxine Lewis Memorial Shelter
$5,000
$5
$5,000
Senior Nutrition Program of SLO Count
$5
$3
Transitional Food and Shelter, Inc
$2,500
$3
$3,000
E C- Forty Wonderful
$1
$2
$1
E C - Savior Health Screening
$1,500
$
$1
E C - Teen Academic Parenting Prog ( TAPP)
$900
$2,000
$1
Big Brothers Big Sisters
$900
$5
$1 2 050
Alliance for Pharmaceutical Access, Inc.
$3 7 500
$1 1 050
Subtotal
$28,000
$17
Public Failife
Removal val f Architectural Barriers
$38,575
$41
$35
GRID Alternatives
$24,000
$5,000
Subtotal
0 Eli
$38,875
$65,675
$,1
Economic ev to n
Mission Community Services D r oration
$0
$5
$5
Wu bt to I
W
$5
$55000
Area Benefit % Ca - $34,301
Code Enforcement Activities
$10,000
Fa ade Grant
$ 1 8, 000
$30,000
$25, 000
Subtotal
ME
$30,000
$5
SEE
Administration stration and Planning 20% Cap
$22
0
Administration
$17
$1 f 1
$17
oSubttal
$17
$21
$17
Total
$114,
"rhe City Manager is authorized to proportionally adjust final award amounts to alp
recipient based upon final funding distribution by the Department of Housing and Urban
Development.
Agenda Item 9.a.
Page 11
ATTACHMENTA
i / B usin e sses y i, i, a
id
v `1 4N! Gr
Assisted
Agenda Item 9.a.
Page 12
`
JA rN ORPORATE
MEMORANDUM
is JMY 10. is I I ,
F�
TO: CITY COUNCIL
NIL
FROM: TERESA I ICCLISH, COMMUNITY ITY C E ELC PME 1T DIRECTOR
BY: RYAN FOSTER, ASSOCIATE IATE PLANNEF
SUBJECT: CONSIDERATION SIC ERATIO OF SPECIFIC PLAN AMENDMENT 10-001; AMEN
THE BERRY GARDENS SPECIFIC PLAN As IT RELATES TO
DEVELOPMENT ELC PMENT CAF SUBAREAS EAS AND ; LOCATION — SOUTHWEST
CORNER ER CAF EAST GRAND AVENUE AND SOUTH C OU TLAI'
STREET; APPLICANT — ITT COMMERCIAL
CIAL
DATE: MARCH 8, 2011 C ONTI NU E FROM FEBRUARY 8, 2011
RECOMMENDATION
1C ATION
"rhe Planning Commission re rx mends that the City Council adopt a Resolution
adopting a Mitigated Negative Declaration and approving Specific Plan Amendment 10-
00 1.
FINANCIAL IMPACT:
There is no financial impact to the City associated with adoption of the proposed
Speck Plan Amendment.
Agenda Item 9.b.
Page 1
CITY COUNCIL
SPA 101-001
MARCH 8,, 2011
PAGE 2
Agenda Item 9.b.
Page 2
CITY COUNCIL
SPA 10-001
MARCH 8,2011
PACE 3
Berm Gardens Specific Plan
The Berm Gardens Specific Plan BGSP was adopted by the City Council on
September 3, 1998. The specific plan area consists of approximately forty -seven (47)
acres, divided into four subareas. The original approval of the plan included
development standards for Subarea 1, which consists of both neo- traditional and `patio'
single - family homes. The BGSP was amended in 2003 to address development
standards for Subarea 2 Jasmine Place), which consists of small -lot townhomes.
The BGSP was again amended in 2005 to address development standards for
Subareas 3 and 4. At that time, the two subareas were side -by -side in a north -south
orientation (reflective of existing property lines) and the new development standards
approved by the Council specified commercial development on the front .(East Grand
Avenue) portion of each subarea and multi- family rental residential development on the
rear portion of each subarea. Several provisions were included in the amendment
requiring coordination between the two property owners, as half of each subarea was
on a separate property. A Lot Line Adjustment was approved in 2009 to facilitate
separate o wnership and development of each subarea — based on the projected needs
of each property. This had the effect of rendering many provisions of the Zoo
amend moot.
Pro'ect Description
The proposed Specific Plan Amendment includes development standards for both
Subareas 3 and 4 of the Berm Gardens Specific Plan BGSP ) (Exhibit B. Because the
two suba are now separate properties, the proposed amendment seeps to decouple
the subareas, allowing each to develop independently of and compatible with the other.
Subarea 3 (4.47 acres) is designated for commercial /retail /office development and
Subarea 4 x'1.63 acres) is designated for multi- family residential development. There is
a deed - restriction recorded on Subarea 4 requiring that the property be used for the
purposes of providing affordable housing — the specifics of this deed restriction are
reflected in Exhibit B.
Previous City Council Review
The City Council last considered the proposed Specific Plan Amendment at its meeting
of February 3, 2010 (Attachment 10). The Council considered several hours of public
comment (most of which focused on delivery truck circulation) and briefly discussed
design compatibility with the City's "small to wn character" (discussed at length at
previous Planning Commission hearings), the definition of mixed-use, delivery truck
circulation, classification of South Courtland Street as a collector and pedestrian
linkages before continuing consideration of the project to a date uncertain at staff's
request to further analyze potential traffic queuing impacts.
Agenda Item 9.b.
Page 3
CITY COUNCIL
SPA 10-001
MARCH 8,2011
PAGE 4
Architectural Review Committee Recommendation
n
The Architectural Review Committee ARC reviewed Specific Plan Amendment 10 -001
at its meeting of December 6, 2010 (Attachment 2. The ARC unanimously
recommended approval of Specific Plan Amendment 10 -001.
Plannina Commission Recommendation
n
The Planning Commission considered Specific Plan Amendment 10 -001 at its meeting
of December 7, 2010 (Attachment . The Planning Commission unanimously adopted
a Resolution recommending that the City Council adopt the Mitigated Negative
Declaration and approve Specific Plan Amendment 10-001.
Traffic Commission Recommendation
At the request of the Planning Commission, the Traffic Commission reviewed the
proposed Specific Plan Amendment at its meeting of January 10, 2011. The Traffic
Commission discussed the reprised traffic study,, delivery truck traffic and turning radii,
loading dock location and the inclusion of bike lanes on South Courtland Street.
Additionally, the Traffic Commission discussed concerns related to pedestrian and
bicycle safety and the potential for delivery truck traffic to traverse adjacent residential
streets. The Traffic Commission recommended that the City Council approve the
project.
ANALYSIS of ISSUES:
Legislature ors. Judicial Acts
Every decision a local government makes can be placed into one of three categories —
legislative, quasi- judicial or ministerial:
Legislature acts are those that create policy, such as general plan updates,
zoning ordinances or specific plans. These acts establish local laver — rules that
apply to everybody within the jurisdiction. lender California law, legislative acts
are subject to initiative and referendum.
Quasi- judicial acts are those that apply policy (created through legislature acts) to
projects, such as consideration of tentative wraps or use permits. These acts are
discretionary, based on the decision - makers interpretation and application of
policy to a particular project. Quasi - judicial acts are not subject to initiative or
referendum.
Ministerial ants are those that require no discretion on the part of the local
government, , such as the mandatory issuing of a permit if certain conditions are
met.
The proposed Specific Plan Amendment is a legislative action -- if adopted, it will
establish the rules under which Subareas 3 and 4 may be developed (setbacks,
Agenda Item 9.b.
Page 4
CITY COUNCIL
SPA 10-001
MARCH 8, 2011
PAGE 5
buildings size, etc. Its adoption would not, however, grant any entitlements to either
subarea, and no development may occur without separate approval of a Conditional
Use Permit.
Traffic uuin-q Analysis
A queuing analysis was performed by Omni-Means in February 2011 to address
concerns regarding traffic queuing in the westbound left -turn pocket from East Grand
Avenue to South Courtland Street (Attachment 11). The analysis showed that, at
approximately 136 feet long, the existing left -turn pocket is deficient in length to prevent
the queuing of vehicles during the peals -hour (PM). This deficiency is due to underlying
land use of the project site in and that of surrounding properties and exists
independently of building size or type of commercial tenant. This condition was creamed
in part when the East Grand Avenue medians were approved and installed as part of
the East Grand Avenue Enhancement Plan project. Shorter left -turn pockets are not
unique to downtown areas in other jurisdictions in that they are an urban condition
created for the benefit of commercial corridor beautification. Nonetheless, staff has
included new mitigation measure in the draft Mitigated Negative Declaration (MND) for
the Council's consideration to address this deficiency requiring elimination or
reconstruction of the landscaped median to accommodate an adequate left -turn pocket
length prior to the operation of any commercial uses on Subarea 3 (the proposed
residential project does not exceed t wenty 2 peak -hour trips and is not anticipated to
worsen the deficiency on its own. It is also anticipated that on- street parting in front of
Applebee's will be removed. Because a new mitigation measure was included to
address this potential impact, the draft MND was re- circulated for review and comment
on February 16, 2011 (Attachment 12).
Small Town Character
The term "small town character" appears a total of nine times in the City's Land Use
Element. There have been questions raised at previous meetings regarding whether
the proposed Specific Plan Amendment is consistent with these provisions. The
following analysis summarizes each such reference:
LL -2: The MU category shall provide areas for businesses offering the
provision r n sale of general merchandise, ndise, h rdware uilding materials,
food, drugs, sundries and personal services which meet the daily reeds of
a multi-neighborhood area (trade area populations range from 15.,000 to
20,000 people; roughly equivalent the size of Arroyo Grande). Typical
businesses in the MU category include general merchandise andlor
specialty stores such as su ennarl a s, hardwarelappliance outlets,
building rrra en'alslhorrre improvement stores, restaurants, and general
ser iceslofficers, business plazas and parks. Mixed use development shall
be compatible in size and scale to ensure preservation of the `rural setting
and small town character" of the City. This category encompasses
agriculturally-related businesses and services such as veterinary services
and other farm supportlsupply.
Agenda Item 9.b.
Page 5
CITY COUNCIL
SPA 10-001
MARCH 8,2011
PAGE 6
The above policy seeps to ensure that mixed -use development is
compatible in size and scale to ensure preservation of the City's "small
torn character ". The proposed project is compatible in size and scale to
existing commercial development on East Grand Avenue, in terms of both
lot coverage and floor area ratio (FAR) (reference Content Study).
Town Character and Community Design Guidelines
The essence of Arroyo Grande's desirability is reflected in its small town
character and rural setting. This character encompasses a wide range of
components including the scale and intensity of existing development; the
rate, scale, and intensity of new development; the existence and proximity
of agricultural lards and open spaces., including natural hillsides, Arroyo
Grande and Tally Ho creeks. It also extends to its rural residential fringe
and agricultural - environs, and includes preservation of historical
structures, especially within the village Core area. The retention of this
character is one of the basic purposes of planning and growth
management, according to the citizens of Arroyo Grande.
The above statement emphasizes the content of Arroyo Grande's "small
town character ". As previously stated, the proposed project is consistent
with existing commercial development on East Grand Avenue. The
proposed project is not proximate to any agricultural lands or open space,
natural hillsides, Arroyo Grande -or Taller Ho Creek, nor is it located in the
rural residential fringe.
L U1 2 Components of "`rural setting" and `'small town character" shall
be protected
Because the proposed project is compatible with existing commercial
development on East Grand Avenue (reference Content Studer), the "small
ton character" of Arroyo Grande is protected.
LU 12-2: Except for narrow, two and three -story structures within the
Village Core and other designated Mixed-Use areas, limit the kale of
buildings within both the urban and rural portions of Arroyo Grande to [owl
profile, horizontal forms; design buildings to be compatible with Arroyo
Grande's historic small town character.
The above policy seeps to limit the kale of buildings not located in the
Village or other mixed -use areas to lover- profile, horizontal forms. The
proposed project is located in a mixed -use area and includes single -story
buildings; ho wever, the proposed buildings located along East Grand
Avenue (Pads A and B ) are taller than a standard single -story building to
better enclose the street consistent with the Design Guidelines and
Agenda Item 9.b.
Page 6
CITY COUNCIL
SPA 10-001
MARCH 8. 2011
PAGE 7
Standards for Mixed-Use Districts and height limits established for East
Grand Avenue.
LU 1240: Ensure that residential accessory uses and buildings are
consistent with the primary residential character of the area, as well as the
overall small town character of Arroyo Grande.
Although the proposed project contains a residential component, it is net
located in a residential area. The proposed residential buildings are taller
than surrounding residential buildings — the desired density cannot be
achieved without the inclusion of second and third -floor dwelling units. As
previously stated, buildings in mined -use areas are not limited to low-
profile, horizontal foams This property was previously targeted for higher
density development, which would also have required multi -story
buildings.
LL 12-11: Commercial centers shall be developed ed in a manner that is
architecturally harrrronious with a defined theme consistent with the rural,
small town character of rroyo Grande.
LU 12-11.2: Require that materials, textures, colors, and architectural
detailing be consistent with the specified design theme consistent with
Arroyo Grande's small town character
The above policies discuss compatibility with architectural themes. There
Is not a single defined architectural theme on East Grand Avenue; each
commercial development adjacent to the project site is architecturally
distinct — creating an identity for East Grand Avenue unique from other
areas in the City. The specifics of architectural style are more
appropriately addressed through individual use permit (entitlement)
applications.
LU 12-12: Balance the need for signs within commercial areas as a
means to identify businesses with the small town character and rural
setting or the community.
No applications for signage have been submitted. The proposed project
includes provisions for signage, which is subject to discretionary revie
and approval.
LU 12-13.3: Require that trash enclosures, loading areas, mechanical
e ru*ment, and outdoor storage areas a screened from public view as
appropriate; design enclosures and screening with materials which are
compatible with the project's architecture, and which do not detract from
the rural, small town character of the community.
Agenda Item 9.b.
Page 7
CITY COUNCIL
SPA 10-001
MARCH 8,2011
PAGE
This level of detail is more appropriately addressed through individual use
permit (entitlement) applications.
Definition of Mixed-Use
Per Municipal Code Section 16.04.070 (Definitions):
"Mixed-Use Project" means a project, which combines both commercial
and residential uses, where the residential component is typically located
above or behind the commercial use.
The project is the Specific Plan Amendment, , which includes both subareas. Previously,
when the to properties were in a side -by -side configuration, 23 of each property was
designated for commercial development, the remaining 1/3 of each property was
designated for residential development. The Lot Line Adjustment that reconfigured the
two subareas was necessary to facilitate both commercial and residential development.
Although the 2005 Specific Plan Amendment allows for the inclusion of residential uses
on the commercial portion, residential uses were not required — commercial uses are
prohibited on the residential portion.
Per Municipal Code Section 1..0 (13)(2) (Mined -lase Projects):
"For substandard lots, a mixed-use project that provides commercial
and/or office space on the ground floor with residential units above
( vertical i is encouraged over a project that provides commercial
ial
structures on the front portion of the lot with residential uses placed at the
rear of the lot (horizontal mix). 71
Done of the lots, either existing or proposed, are substandard — therefore, horizontal
mixed-use is allowed. When East Grand Avenue was rezoned to mixed-use, it was
envisioned that the majority of residential uses would be located behind commercial
uses (horizontal rani due to the number of deep lots along East Grand Avenue.
A reference to the National Association of Industrial and Office Properties (NAIP
definition of mixed-use has been included in public comment received by staff. How this
or any other professional organization chooses to define mixed-use has no bearing
whatsoever on hoer the City chooses to define Tied -use.
Delivery Truck Circulation
The queuing analysis (discussed above) and traffic study address off -site circulation
issues. On-site delivery truck circulation is more appropriately addressed through a use
permit (entitlement) application.
Agenda Item 9.b.
Page 8
CITY COUNCIL
SPA 10-001
MARCH 8, 2011
PAGE 9
Classification of South Courtland Street
Although South Courtland Street is less than the typical ' right of way ROW of a
collector street ' ROW), it is nonetheless designated as a collector street in the City's
Circulation Element. This reflects the fact that it is the only street between Oak Park
Boulevard and Elm Street (both arterials) that connects East Grand Avenue (arterial)
and Ash Street (collector). South Courtland Street was designed to slog through traffic,
yet the lack of residential driveways is ackno wledgement that it was also designed to
more traffic between East Grand Avenue and Ash Street.
Pedestrian Lin ka es
The proposed Specific Plan Amendment requires a pedestrian path linking Subareas 3
and 4. The specifics of the path are more appropriately addressed through use permit
(entitlement) applications.
Prop osed Specific Plan ors Existing Specific Plan
Attachment 4 compares the proposed Specific Plan Amendment to the existin g Berry
Gardens Specific Plan (BGSP) as they relate to Subareas 3 and 4. The significant
differences between development standards contained within the proposed amendment
and the BGSP relate primarily to setbacks, parking and maximum building size. Many
of the development standards in the existing BGSP were developed for a previous site-
specific proposal and are no longer relevant. Because both subareas are within the
GMU Zoning district, any development standard not included in the BGSP will default to
the GMU standard.
Con with the General Plan
As stated above, a specific plan cannot be adopted or amended unless it is consistent
with the General Plan Government Code Section 65454). For this reason, the
proposed Specific Plan Amendment was developed based on existing General Plan
policies — specifically, Land Use Policy LU 5-10.1, which states the following:
Promote development of a high intensity, mixed-use, a festrian activity
node centered on the Lour ian f StreetlEast Grand Avenue intersection as
a priority example o revitalization of this corridor segment known as
Gateway.
The proposed amendment defers to Municipal Code Section 16-36.30(A) (Commercial
and Mixed -Ilse Regulations) n regarding allowed uses. These use regulations were
adopted to implement General Plan policies relating to the Mixed -Use MU land use
category — achieving consistency between the General Plan, Zoning Map and
Development Code as required by State law. High intensity development is encouraged
in the General Plan (for mixed -use areas in general and this property in particular) in
order to promote "smart Gro wth" principles — the efficient development of infill areas to
help prevent urban sprawl on the urban fringe.
Agenda Item 9.b.
Page 9
CITY COUNCIL
SPA 10-001
MARCH 8, 2011
PAGE 10
A nother important aspect of the General Plan to bear in mind when evaluating the
proposed Specific Plan Amendment is the Circulation Element. This Element, which
sets traffic policies citywide, classifies South Courtland Street as a 419 collector ". Collector
streets are those that serve to move traffic from adjoining local streets to other collector
or arterial streets — they are intended to carry more traffic than a local (residential)
street. This is why Berry Gardens was built without any residential driveways on south
Courtland Street — numerous driveways would interfere with traffic moving between
East Grand Avenue (major arterial) and Ash Street (another collector.
Exclusion of Grocery Uses
As a legislative action, the City Council has broad discretion in setting policy though the
adoption and implementation of specific plans. However, as stated above, any specific
plan or specific plan amendment must be consistent with the General Plan. A General
Plan Amendment may be required prior to amending the Berry Gardens Specific Plan to
exclude grocery store uses o otherwise restrict intensity on Subarea 3, as Land Use
Policy LU -2 identifies supermarkets as a typical business found in the Mixed-Use
(MU) category and Land Use Policy LU -10.1 (above) specifically targets the
intersection of East Grand Avenue and Courtland Street for high-intensity development.
Expanded Traffic Analysis
At the direction of the City Council, both the Planning Commission and Traffic
Commission reviewed a revised traffic study Afkachrnent prepared for the proposed
Specific Plan Amendment. Additionally, the Traffic Commission reviewed several
exhibits relating to delivery truck turning radii in and around the project site. irhe City
also commissioned a peer - review of both the traffic study and truck turning exhibits,
conducted by Omni Means Afkachment 6). The peer - review supports the conclusions
of the traffic study relating to estimated traffic volumes and impacts to levels of service
(LOS), which will not be significantly impacted.
The peer - review concluded that while the exhibits accurately depicted truck turning
movements through the intersection of East Grand Avenue and South Courtland Street,
traffic flow and safety would be improved by moving the curb return at the southwest
corner of the intersection six feet to the west. This would allow lamer '
wheelbase) trunks to make a right turn onto South Courtland Street from East Grand
Avenue without having to cross into the left -turn lame, thereby reducing the chance of
another vehicle afkempting to pass a delivery truck in the outside lane while the delivery
truck is afkempting a right turn it should be noted that South Courtland Street is not
perpendicular to East Grand Avenue — a right turn from the former onto the latter
requires more than 00 degrees). This recommended relocation of the curb return has
been incorporated into the proposed Specific Plan Amendment, under "Access,
Circulation and Parrking ". revisions are required for on -site delivery trunk
movements.
Several Berry Gardens residents have expressed concerns regarding the potential for
delivery trunks to use South Courtland Street as a shortcut to Oak Park Boulevard. Staff
Agenda Item 9.b.
Page 10
CITY COUNCIL
SPA 10-001
MARCH 8, 2011
PAGE 11
believes this would be an unlikely occurrence because South Courtland Street provide
an undesirable route for trucks (too circuitous), which is evidenced by the lack of truck
traffic from the C S development (directly east of the project site) using South
Courtland Street as a shortcut. However, in an attempt to further address these
concerns, staff has added a provision to the proposed amendment that will provide a
visual/physical barrier between Subareas 1 and 4 along South Courtland Street. This
barrier will consist of bulb -outs and/or road undulations and north - facing signage where
South Courtland Street narrows to two lanes, delineating the entrance to a residential
neighborhood.
Setbacks Between Subareas
Based on City Council direction, the proposed Specific Plan Amendment has been
reprised to increase the minimum required setback for each subarea along the property
line that separates Subarea 3 and Subarea 4. The minimum required rear yard setback
- in Subarea 3 is now 15' and the minimum required side yard setback in Subarea 4 is
now 10. This provides a minimum total distance of 25' between any commercial and
residential structures. - r h is is a net increase of 10' compared to the previously proposed
minimum setbacks of 10' (Subarea 3 ) and ' (Subarea and consistent with existing
development standards for the Gateway Mixed-Use GMU zoning district.
The eiting Berry Gardens Specific Plan GSP) allows for a o' rear yard setback in
Subarea 3 and requires a minimum side yard setback of 25' in Subarea 4. These
existing standards also provide a minimum total distance of 25' between any
commercial and residential structures; however, the burden of providing a buffer
between commercial and residential buildings falls entirely upon Subarea 4 under these
existing standards. Additionally, it is important to note that Subarea 4 is narrower than
was anticipated in the existing specific plan, which makes development of the property
problematic under the current required minimum side yard setback of 25',
Parking Reductions
The proposed Specific Plan Amendment allows for parking reductions in each subarea.
These reductions were included based on correspondence with the San Luis Obispo
County Air Pollution Control Board APC , As part of the environmental review
process for the proposed amendment, the APCD was consulted in regards to Identifying
potential impacts to air quality and any mitigation measures that would reduce these
potential impacts to a less than significant level. One of the mitigation measures
proposed by the APCD was to allow for a parking reduction, thereby encouraging
alternative modes of transportation (carpool, public transit, etc).
The proposed parking reduction in Subarea 3 equates to a 17% parking reduction,
exclusive of the 20 parking reduction allowed under Section 16.56.050 of the City's
Municipal Code (Common Parking Facilities). The proposed parking reduction in
Subarea 4 is based on observed parking demand at similar residential projects located
in Arroyo Grande,
Agenda Item 9.b.
Page 11
CITY COUNCIL
SPA 10-001
MARCH 8. 2011
PAGE 12
Although the proposed amendment allows for a parking reduction, it does not mandate
a parking reduction by limiting the number of parking spaces than can be provided for
any given development.
Maximum Building Size
Although the existing Berm Gardens Specific Plan BGSP does not limit the size of any
individual building, the City Council directed that the proposed Specific Plan
Amendment include a development standard for maximum building size to address
concerns relating to the potential mass and scale of buildings in Subarea 3. The
proposed amendment now includes a maximum building size of 37,500 square -feet in
Subarea 3. This number was selected to allow for the reasonable development of an
anchor tenant in any commercial development of the subarea.
Pais Trirnnrit
At the direction of the City Council, the proposed Specific Plan Amendment now
r
requires the provision of a bus turnout along East Grand Avenue, under "Access,
Circulation and Parking ".
Deli n Guidelines and Enhancement Plan
The Design Guidelines and Standards for Mixed-Use Districts (Design Guidelines) were
adopted by the City Council in 2004, after the City's mixed -use zoning districts were
created. The Design Guidelines reference the East Grand Avenue Enhancement Plan
(Enhancement Plan), which was drafted and circulated (but not formally adopted) in
2002, prior to. creation of the City's mixed -use zoning districts.
The Design Guidelines provide site and building design requirements and architectural
concepts, while the purpose of the Enhancement Plan is to "define a design framework
for both future public improvements and further private developments +th t will enhance
the functions and aesthetics of this particular area [properties adjacent to East Grand
Avenue]
The proposed Specific Plan Amendment contains a provision that expressly requires
development of Subarea 3, which includes East Grand Avenue frontage, to implement
the objectives of both the Design Guidelines and the Enhancement Plan. The following
list contains several objectives of both the Design Guidelines and Enhancement Plan;
Include specially treated pedestrian walkways to connect parking areas to
buildings.
Buildings should enclose streets, plazas or paeos and contribute to well defined
and walkable blocks. Building placement, s treetscape elements and landscaping
each define the public realm. Consideration should be given to connectivity
between adjacent developments.
Agenda Item 9.b.
Page 12
CITY COUNCIL
SPA 10-001
MARCH 8, 2011
PAGE 1
Projects should integrate porches, balconies, decks and seating areas that are
located to promote pedestrian use of the street edge by providing weather
protection, comfort security, and safety. Design shall incorporate handicap
accessible access, considerations for walkers e.g. lockers), bicyclists e.g. bike
racks) and transit patrons.
Parking shall be located away from East Grand Avenue and shared by multiple
owners/users.
The desired configurations and locations for off - street parking lots, in order of
preference, acre:
Shared double - loaded aisle to side or rear of building partially on -site and
partially off -site on neighboring parcel;
Shared off -site or public parking lot within Soo feet;
Double- loaded aisle to side, rear, above or below building on-site.
Buildings shall be two to three stories, with active fronts e.g. articulated entries,
detailed facades). A three -story component may be appropriate within a project
located on a large lot and when It can be appropriately integrated considering
adjacent buildings and uses. The maximum height of a building should not
exceed 35 feet except if additional height is needed to accommodate a design
feature that contributes to both the character of the building and the surrounding
area, and if upper- floors are recessed and /or massing is well articulated. For
example, an additional story or tourer element on a building at a key intersection
may delineate a corner landmark building.
Ground floors should have clear articulation and a tall ceiling height e.g. 10-15
feet.), and have a high percentage fenestration (arrangement of windows/doors —
g - % of the facade). Awnings and overhangs are encouraged.
Emphasize three - dimensional detailing on fagades such as cornices, window
moldings, and reveals to cast shadows and create visual interest on the fa ade.
Provide for a diversity of retail and service commercial, offices, residential and
other compatible uses, in size and kale to fit the "rural setting and small torn
character' of Arroyo Grande without duplication of the function or character of
other commercial areas.
Plan for a revitalized East Grand Avenue Mixed-Use corridor that has less of a
strip commercial aspect and more consistent, coordinated mined -use boulevard
ambiance with district activity subareas: Highway, Midway and Gateway.
Agenda Item 9.b.
Page 13
CITY COUNCIL
SPA 10-001
MARCH 8,
PAGE '14
Include appropriate site Manning and urban design amenities to encourage travel
by walking, bicycling and transit as well as automotive access, along the entire
corridor.
Promote development of buildings along a landscaped sidewalk frontage with
rear yard and side street parking. Include substantial landscaping and
streetscape improvements.
Propose functional design including specialized open space such as squares,
courtyards and plazas whose frequent use is encouraged through placement and
design such as proximity to public transit stops. Alloy density bonuses and
shared or public parking reduction to increase development intensity and enable
more efficient utilization.
Propose designs for aftractive streetscape including street trees and other
landscaping, building fagade improvements, , better signage and more consistent
and coordinated development design, including fewer driveways and
enhancement of off - street parking areas.
ALTERNATIVES:
The following alternatives are presented for City Council consideration:
1. Adopt the attached Resolution, adopting a Mitigated Negative Declaration and
approving Specific Plan Amendment 10 -001 as recommended by the Planning
Commission; or
2. Modify the amendment, removing the requirement to relocate the curb return and
adopt the attached Resolution, adopting a Mitigated Negative Declaration and
approving Specific Plan Amendment 10 -001; or
3. Modify the amendment to Include all requirements relating to Subarea 3 only and
adopt the attached Resolution, adopting aMitigated Negative Declaration and
approving specific Plan Amendment 10 -001, which would allow the Subarea 3
CUP to be considered while any remaining issues associated with the Subarea 4
CUP are addressed; or
4. Modify the amendment to include all requirements relating to Subarea 4 only and
adopt the attached Resolution, adopting a Mitigated Negative Declaration and
approving Specific Plan Amendment 10 -001, which would ld alloy the Subarea 4
CUP to be considered while any remaining issues associated with the Subarea 3
CUP are addressed; or
5. Do not adopt the attached Resolution; ution; or
6. Provide direction to staff.
Agenda Item 9.b.
Page 14
CITY COUNCIL
SPA 10-001
MARCH 8,2011
PAGE 15
ADVANTAGES:
Approval of the proposed Specific Plan Amendment will allow the respective owners of
Subareas 3 and 4 to seek development entitlements to meet the City's economic and
affordable housing goals and ultimately allow for the completion of the City's western
gateway with new commercial /retail space and afford rental housing. Staff believe
the proposed changes will provide for feasible implementation of a Specific Plan that is
consistent with the City's goals, policies, regulations and standards as set forth in the
General Plan, Design Guidelines for Mixed-Use Districts, East Grand Avenue
Enhancement Plan and Development Code.
DISADVANTAGES:
A number of concerns have been expressed by both neighboring residential and
commercial property owners regarding potential negative impacts to their homes and
businesses. While staff does not believe any impacts exceed allowable levels, approval
of the Specific Plan Amendment will likely result in increased neighborhood traffic, truck
delivery activity and emissions, and s tormwater runoff. It will require widening of a
portion of South Courtland Street and modifications to an existing median that will
undermine past street beautification efforts. In addition, existing businesses may be
adversely impacted by new businesses that will be attracted to the project, which could
increase commercial vacancies.
ENVIRONMENTAL OB MFATAL F E IE 'If
In accordance with the California Environmental Quality Act (CE QA) Guidelines, staff
has conducted an Initial Study and prepared a draft Mitigated Negative Declaration
(MND) for the proposed project (Attachment . The purpose of the MND is disclose
any potentially significant impacts that the proposed project may have on the
environment and to describe any mitigation measures that will be implemented to
reduce any significant impacts to a less than significant level. It is an informational
document only; its adoption does not, in any way, grant approval of the project that it
describes. If the City Council does not agree that the MND is adequate, project
approval cannot be considered at this time.
The MND is based on Specific Plan Amendment 10-001 and Tentative Tract Map 10-
001 and Conditional Use Permit 10 -001, as they were all submitted together as a
`project' under CEA. The MND also allocated a maximum of forty -fire 5 residential
units to Subarea 4 for the purpose of evaluating any potentially significant impacts.
It should be noted that the project described in the MID can be reprised, and as long as
the revision does not exceed the intensity of the original project or otherwise introduce
any new potentially significant impacts), the IVIND may still be adopted for the reprised
project. Additionally, the IVIND itself can be reprised to expand/augment discussion on
any number of topics.
Agenda Item 9.b.
Page 15
CITY COUNCIL
SPA 'I'I
MARCH 8, 2011
PAGE '16
Areas that were identified as having potentially significant impacts are as follows:
• Air quality,
• Cultural resources,
• Geology and soils,
• Greenhouse gas (GHG) emissions,
• Hydrology and water quality,
• Land use and planning, and
• Noise
Air Quali
Staff consulted with the San Luis Obispo Air Pollution Control District APC to
identify any potentially significant impacts to air quality and to create mitigation
measures to red th impacts to a less than significant level.
The proposed project will generate emissions (pollution) both short-term
(construction) and long- terra (operational). Standard mitigation measures have been
included to reduce the short-term impacts to a less than significant level. The
pertinent mitigation measures included to reduce the long-term impacts to a less
than significant level include a reduced parking requirement to promote alternative
modes of transportation and replacement of the existing bus stop on East Grand
Avenue with a bus turnout.
The proposed project is considered both a Type A and Type B project regarding
toxic air contaminants — Type A projects are those that generate toxic air
contaminants while Type B projects are those that place sensitive receptors within
1,000 feet of existing sources of toxic air contaminants. A detailed health risk
assessment era conducted for the proposed project which found that the proposed
project does not exceed maximum thresholds for either Type A or Type B projects.
Certain commercial uses may generate objectionable odors that would impact
adjacent residents. As such, a mitigation measure has been included to prohibit
these specific uses in Subarea 3. Additionally, a mitigation measure has been
included to establish a `no idle' zone for any diesel - powered delivery trucks to
minimize e idling to the maximum extent feasible.
Cultural Resources
Staff consulted with Mr. Fred Collins of the Northern Chuma h Tribal Council
(NCTB)to identify any potentially significant impacts to cultural resources and to
create mitigation measures to reduce those impacts to a less than significant level.
There is potential for significant impacts to cultural resources shoum any substantial
deposits of prehistoric cultural materials be present on the project site. A mitigation
Agenda Item 9.b.
Page 16
CITY COUNCIL
SPA 10-001
MARCH 8, 2011
PAGE 17
measure has been included that requires inspection by a qualified archeologist of
any areas where nature (non - stockpiled) soil will be disturbed prior to construction
activities to determine if any cultural resources are present.
Geology and Soils
geotechnical study of the project site was conducted by GSI Soils Inc.
mitigation measure has been included that requires adherence to all of the
recommendations contained within the geotechnical study.
Greenhouse Gas (GHG) missions
Staff consulted with the San Luis Obispo Air Pollution Control District APCD to
identify any potentially significant impacts from Greenhouse gas (GHG) emissions
and to create mitigation measures to reduce those impacts to a less than significant
level.
A mitigation measure has been included that requires a number of GHG- reducing
measures be incorporated into any construction plans, subject to revie w and
appro b the APCD.
H and Water Qualitv
A mitigation measure has been included that requires several water quality best
management practices MPs be incorporated into any construction plans.
Lam Use and Plann irr
A mitigation measure has been included to require language in the Specific Plan
Amendment that strengthens its relationship to the East Grand Avenue
Enhancement Plan EGAEP. Staff has added this language to the proposed
Specific Plan Amendment.
Noise
Operation of commercial uses will generate noise that impacts adjacent residents.
Mitigation measures have been included to restrict commercial delivery hours to
between :00 AM and 10:00 PM and also to require a noise barrier to shield
adjacent residents from delivery- related noise.
PUBLIC NOTIFICATION AND COMMENTS:
A notice of public hearing was mailed to all property owners within 300' of the project
site and also published in the Tribune on Friday, February 25, 2011. Attachment 13
contains all public comment received since February 8, 2011.
Response to Public Comment
Based on the amount and content of public comment received regarding the proposed
project, it is clear that further clarification of several issues is necessary. Staff has
identified, listed and attempted to address these issues as follows:
Agenda Item 9.b.
Page 17
CITY COUNCIL
SPA 10-001
MARCH 8,2011
PAGE '18
1. Commercial delivery trucks servicing suba 3 will impact traffic
volume and safety on South Courtland Street.
Please refer to "Expanded Traffic Analysis" above.
2. The proposed project fails to provide diversity (Land Use Policy LLB
5-1).
Land Use Policy LU -1 states the following:
Provide for a diversity of retail and service commercial,
offices, residential and other compatible arses that support
multiple neighborhoods and the greater community, and
reduce the need for external traps to adjacent jurisdictions, by
designating flied Use areas along and near major arterial
streets and at convenient, strategic locations in the
community.
After the General Plan was updated in 2001, the City updated the
Development Code (Title 16 of the Municipal Code) to achieve
consistency with the General Plan, as required by State laver. As part of
the Development Code update, the City established several mixed -use
zoning districts, each of which identifies uses that are allowable and
conditionally allowable within the district -- thereby providing for a diversity
of uses in mixed-use areas. Providing for a diversity of uses is not the
same a requinng a diversity of uses — as such, there are no requirements
for developments to include a certain mix of uses, nor are there any
restrictions that limit the total number of like uses in any given area.
3. The proposed project is not compatible in size and scale with the
rural setting and small torn character of the City (Land Use Policy
LLB -.
Land Use Policy LU -2 states the following:
The MU category shall provide areas for businesses offering
the provision and sale of general merchandise,
hardwarelbuilding materials, food, drugs, sundries and
personal services which meet the daily needs of a multi-
neighborhood area (trade area populations range from
000 to 2 ,, 000 people; roughly equivalent to the size of
Arroyo Grande). Typical businesses in the MU category
include general merchandise and or specialty stores such as
supermarkets, arkets, hardwarela Hance outlets, buildin
materials home improvement stores,, restaurants, and
Agenda Item 9.b.
Page 18
CITY COUNCIL
SPA 10-001
MARCH 8, 2011
PAGE 19
general servicesloffcers, business plazas and parks. Mixed
use development small be compatible in size and scale to
ensure preservation of the "rural setting and small town
c rarac et" of the City. This category encompasses
agriculturally - related businesses and services such as
veterinary services and other farm support supply.
The above policy specifically identifies all proposed commercial uses
(supermarkets, restaurants and general merchandise) as typical
businesses in the limed -Else category. The size and scale of the
proposed project is compatible with the existing "rural setting and small
town character" as it relates to existing commercial properties on East
Grand Avenue, both in terms of lot coverage and floor area ratio (FAR).
Furthermore, the intersection of East Grand Avenue and Courtland Street
is specifically targeted for high-intensity development in Land Use Policy
LU b -10.1:
Promote development of a trr'gh intensity mixed-use,
pedestrian activity mode centered on the Lour land
Str+ east Grand Avenue intersection as a priority example
of revitalization of this corridor segment known as Gateway,
4. The proposed use will aversely affect existing commercial uses
(Land Use Policy LU 5-6).
Land Use Policy 5-6 reads as follows:
Allowable uses within the MU category shall not include uses
that adversely affect surrounding commercial or residential
uses, or contribute to the deterioration of existing
environmental conditions in the area.
All proposed uses are allowable in the Gateway died -Else GILI zoning
district, which is the underlying zone of the project site, adopted to
implement the above policy. lases that are deemed to adversely affect
surrounding commercial or residential uses are prohibited in the GMU
zoning district. Examples of these uses include adult businesses, gas
stations and vehicle sales and service facilities. Like uses are not
normally considered to adversely affect one another.
If appropriate fact -based findings can be made, a like use can be
restricted or eliminated within a specific plan, so long as the primary
purpose of the regulation is not an impermissible private, anti - competitive
goal of protecting or disadvantaging a particular favored or disfavored
business or individual. The primary purpose of a zoning regulation must
Agenda Item 9.b.
Page 19
CITY C
SPA 10 -001
MARCH 8, 2011
PAGE 20
advance a legitimate public purpose that reasonably relates to the general
welfare and thus constitutes a legitimate e of the City's police
power ( Hernandez v. City of Hanford (2007) 4 CO 279).
5 . 'the proposed project should not be approved until the city obtains
an adequate grater supply.
Although the City implemented aw moratorium on development projects in
2009 based on water supply concerns, these concerns were adequately
addressed and the moratorium was a slowed to expire in 2010
(development applications that were in process, including � the proposed
project, were exempted from this moratorium). Water conservation
programs have resulted in utilization of e water supply to drop from
99 % to % over the past two years and follow -up testing has shown no
evidence of seawater intrusion into the groundwater basin. While the City
is pursuing additional water supply to meet long - term needs, there is
adequate e supply to meet not only current needs, but the needs of
the proposed project as well.
6 . The proposed project violates California Vehicle code Section 21460.
This section of the California Vehicle Code specifies under which
conditions ar person driving a vehicle may cross a double yellow line. As
the proposed project is not a person, it cannot violate this _section of the
California Vehicle Code.
7 . The Initial Study has not considered potentially significant impacts
to hydrology and grater quality (Section I, land use and planning
(Section ., transportation and traffic (Sections Xvl.b and c,
utilities and service systems (Section IL c and mandatory
findings of significance (Section d.
Hydrolo and Water Q uali t
Section IBC. b asks if the proposed project would:
Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge,, such that t her e
would be a net dericit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate o
pre-existing nearby wells would crop to a level that would not
support existing lard uses or planned uses for which pennits
have been granted
Please refer to response #.
Agenda Item 9.b.
Page 20
CITY COUNCIL
SPA 10-001
MARCH 8, 2011
PAGE 21
Land Use and Planning
Section X b asks if the proposed project would:
Conflict with the applicable land use plan, policy, or
regulation of any agency with jurisdiction over the project
(including, but not limited to., a general plan, specific plan,
local coastal program,, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental effect?
The proposed project does not conflict with any City land use plan, policy
or regulation that has been adopted for the purpose of avoiding or
mitigating an environmental affect.
Transportation and Traffic
Section Xl.b asks if the proposed project would:
Cause a change in air traffic patterns, including either an
increase in traffic levels or a change in location, that results
in substantial safety risks?
The proposed project is not located within, nor is It adjacent to, an airport
planning area — it will not affect air traffic patterns.
Section Xl.c asks if the proposed project would:
Contain a design feature (e.g., sharp cures or a dangerous
intersection) or incompatible uses e.g., fa nn a qu*ment that
would substantially increase hazards
The proposed project has been conditioned to relocate the curb return
located at the southwest corner of East Grand Avenue and South
Courtland Street to safely accommodate turning radii for large '
wheelbase) delivery tacks. With the additional mitigation to expand the
westbound left -tarn pocket from East Grand Avenue to South Courtland
Street, the proposed project will not increase traffic hazards.
Utilities and Service Systems
Section XVIL c asks if the proposed project w ould:
Require wire or result in the construction of new storm water
drainage facilities or expansion of existing facilities?
As stated in the Initial Stud y/Mitigated Negative Declaration, the Poplar
Ponding Basin was designed and built to accommodate the additional
storrnwater discharge from development of the project site.
Agenda Item 9.b.
Page 21
CITY COUNCIL
SPA 10-001
MARCH 8, 2011
PAGE 22
Mandatory Findin -gs of Significance
Section d asks if the proposed project would:
Cause substantial adverse effects on human beings, either
directly or indirectly?
There is nothing in the record, including studies, staff reports and public
comment to indicate that the proposed project will cause substantial
adverse effects on human beings, judged in light of potentially significant
impacts under established thresholds.
8. The alloyed uses for the project site should be restricted to the
following l i t:
Bath /skin care — Bath & Body Works'
Toddler /child care
Family arcade '
Fabric Store — Beverly's '
Bakerylspecial cakes '
Gym'
Bagel slop '
Physical therapy
New book store — Barnes & Noble
Crafts '
Hair stylelcutting '
Laundry mat'
Pet storelsupplies '
Education /tutoring
Specialty boutiques /clothing '
Music store '
Pool hall '
Kitchen supplies '
Bile shop1bike repair '
Or foods
Men's apparel'
Family therap vsupport
Shoe store I
Antique store
Second -floor offices
Computer store /repair
Gourmet foodIsupply 3
Jewelry store /accessories '
Md -Sto
Local art 1
Each of the above uses has been coded based on Municipal Code
Section 1 .30.o3o (Commercial and Mixed-Use Regulations) — all uses
coded "1 rr are allowed or conditionally allowed in the Gateway Mined -Use
(GMU)zoning district, all uses coded "T are not permitted in pedestrian -
oriented storefront locations on the ground floor on East Grand Avenue or
in prime real estate space within shopping centers, and all uses coded "T
are considered a grocery use conditionally allowed). While many of the
above suggested uses are allowed in the GMU zoning district, excluding
all ethers may conflict with Land Use Policy LU 5-10.1 (refer to response
#3.
9. The proposed uses are too intense.
Land Use Policy LU -2 (refer to response #3 ) specifically states that the
Mixed-Use MU category shall provide areas for businesses that meet the
daily needs of a multi- neighborhood area (trade area populations are
Agenda Item 9.b.
Page 22
CITY COUNCIL
SPA '1 - '1
MARCH 8, 2011
PAGE 23
typically 15,000 — 20,000 people). Uses in the MU category are intended
to be intense enough to serve not only the immediate neighborhood, but ar
larger area than may include customers that lire outside of the City.
Furthermore, Land Use Policy LU -10.1 (again, refer to response ##3
specifically targets the intersection of East Grand Avenue and Courtlarnd
Street for high-intensity development.
10. There are discrepancies between the project traffic study and the
Wood Rodgers traffic study.
The Wood Rodgers traffic study was prepared for, the proposed Erico
Road Interchange project. It includes traffic counts taken in 2005, 2007
and 2009. "rhe traffic counts taken in 2005 and 2007 are higher than
those taken in 2009 — the study uses the term "existing" to refer to ar
reasonable worst-case traffic operating condition than occurred between
the years 2004 — 2009. Traffic counts for the project traffic study were
taken in October and November of 2009. These counts are also less than
those taken in 2005 and 2007. It can be expected than different t raffi c
studies will contain some variations in traffic counts for the s ame
intersections, as traffic counts fluctuate from day-to-day.
11, The left turn poet from East Grand Avenue to south c u rtland
Street is not adequate to accommodate delivery trucks.
s.
Additional mitigation has been included in the draft Mitigated Negative
Declaration (MND that requires reconstruction of the landscaped median
to accommodate increased traffic attempting to turn left onto South
Courtland Street from East Grand Avenue.
12. south c urtland street is a non-commercial neighborhood street.
As discussed under "General Plan Consistency" above, South Courtlarnd
Street is classified as ar collector street in the City's Circulation Element. It
is meant to carry more traffic than a local (residential) street.
13. The Poplar Ponding Basin was almost fall after 2." of rain on
December 18, 2010.
The Poplar Ponding Sarin was not empty prior to December 18, 201 0 -- it
contained water from previous storm events. The 2.7" of rain than fell on
December 18, 2010 was part of a storm event that dropped " between
December 17, 2010 and December 19, 2010. Despite receiving over fire
(5) times the average rainfall of 2.57 inches for the month of December,
the City's stormwater system performed as designed. As previously
discussed (reference #7 above), the Poplar Ponding Basin was designed
Agenda Item 9.b.
Page 23
CITY COUNCIL
SPA 10--001
MARCH H , 2 11
PAGE 24
and built to accommodate the additional stormwater discharge from
development of the project site.
14. A Mitigated Negative Declaration cannot be considered if more than
one 1 potentially significant impact is identified; otherwise an
Environmental Impact Report EIT is required.
Section 15070 of the Guidelines for Implementation of the California
Environmental Quality Act (CE QA) states that:
Mitigated Negative ativa Declaration is not intended to be a new
kind of document It is merely a Negative ativa Declaration
prepared in a slightly different situation. The Guidelines
world continue to give Lead Agencies the option of allowing
applicants to modify their projects so that the Lead Agenc
could make a finding that the project world not have a
significant effect our the environment.
The portion of this section dealing with the Vitiated
Ne Declaration provides efficiencies in the process
where the applicant can modify his project to avoid all
potential significant effects. The applicant can avoid the time
and costs involved in preparing an EIR and qualify for a
Negative Declaration instead. The public is still given an
opportunity to regrew the proposal to deterrnrne whether the
changes are sufficient to eliminate the significance of the
effects.
The Lead Agency's decision to prepare a {Mitigated Negative Declaration
for a project is not limited or otherwise restricted based on the number of
potentially significant impacts identified in the Initi al Study, as the purpose
of the (Mitigated Negative Declaration is to identify mitigation measures to
reduce any potentially significant impacts to a less than significant level.
15. Approving another grocery store would violate Land Use Policy LU
5-6.
Please refer to response 4.
16. The Mitigated Negative Declaration does not address economic
impacts of the proposed project.
Section 15131 of the Guidelines for Implementation of the Californian
Environmental Quality Act (CE QA) states that:
Agenda Item 9.b.
Page 24
CITY COUNCIL
SPA 10-001
MARCH 8,2011
PAGE 25
Economic or social effects of a project shall not be treated as
significant effects on the environment. Are Ells may trace a
chain of cause and effect from a proposed decision on a
project through anticipated economic or social changes
resulting from the project to physical changes caused in turn
by the economic or social changes. The in err edia e
economic or social changes reed not be analyzed in any
detail greater than necessary to trace the chain of cause and
effect The fours of the analysis shall be on the physical
changes,
There is nothing in the record to indicate that any economic or social
effects of the project will cause a physical change to the environment.
17. Environmental Impact Reports its (Elms) or, at least, separate surveys
should be required.
Please refer to response #14 regarding preparation of a Mitigated
Negative Declaration. Separate analysis of each subarea is not required
under the provisions of the California Environmental Quality Act CEC A
because the "project" as described in the Mitigated Negative Declaration
contains enough detail to adequately assess potential impacts relating to
the development of each subarea.
18. There are discrepancies between number of trees shown on the site
plan and landscape plan and some proposed trees may affect
vehicular line-of-sight.
Where discrepancies exist between the site plan and the landscape plan
regarding proposed landscaping, the landscape plan s hall prevail. No
trees are proposed to be planted in the sidewalk along South Courtland
Street — rather, they will be planted in a 10' easement area along the
perimeter of the property. The final landscape plan will be checked for
compliance with applicable City standards, including the required vision
triangle, prior to issuance of a building permit.
19. How is building height measured?
As defined in Municipal Code Section 16.04.070, building height is
measured by obtaining the vertical distance from the average finished
grade to the highest point of the building, exclusive of incidental
appurtenances. Finish grade for both subareas generally slopes from the
northwest to the southeast. The high point in Subarea 3 will remain below
the existing grade of East Grand Avenue at that point. Pad c Subarea 3
sits 2' above Building D (Subarea — as Pad C approaches South
Agenda Item 9.b.
Page 25
CITY COUNCIL
SPA 10-001
MARCH 8, 2011
PACE 26
Courtland Street, it gill be retained at a finish floor height of 63.5 ' above
the existing grade of south C urtland Street at that point. This results in a
grade difference of approximately ' between the two subareas at the
eastern end of Pad C, while they match grade at the eastern and western
perimeter.
20. What 1s the application fee for filing a specific Plan or Specific Plan
Amendment?
The application fee for filing a Specific Plan or Specific Plan Amendment
is $7,000. This covers approximately 61 of the costs incurred by the
City to process the application, excluding environmental revie w.
21. Does the City Council have the authority to regulate uses within a
Specific Plan area
The City Council does have the authority to regulate uses within a Specific
Plan area, consistent with the General Plan. Please refer to "Exclusion of
Grocery lases" above.
Attachments (Attachments 1 -9 previously distributed to City Council and on file at City
Hall and on the City's website ):
1. City Council meeting minutes, November 0, 2010
2. ARC meeting notes, December 6, 2010
3. Draft Planning Commission meeting minutes, December 7, 2010
4 Comparison of proposed amendment with existing standards
6. Revised traffic study + truck turning exhibits
6. Traffic Study Peer-Review
7 Draft Mitigated Negative Declaration
6. Public comment
0. Public comment received since January 25, 2011
10. City Council Minutes, February 6, 2011
11. Traffic Queuing Analysis
12. Revised draft (litigated Negative Declaration MND
13. Public comment received since February 6, 2011
Agenda Item 9.b.
Page 26
RESOLUTION No.
RESOLUTION of THE CITY COUNCIL of THE CITY of
ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE
DECLAMATION AND APPROVING SPECIFIC PLAN
AMENDMENT 10-001; LOCATED AT THE SOUTHWEST
CORNER of EAST GRAND AVENUE ARID SOUTH
COU TL ND STREET; APPLIED FOR BY NI T
COMMERCIAL
WHEF EAS, the applicant has fled Specific Plan Amendment 10-00 1 to amend the Berry
Gardens Specific Plan as it relates to the development of Subareas 3 and ; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has adopted a
Resolution olution recorr mending that the City Council adopt a Mitigated Negative Declaration
and approve Specific Plan Amendment 10-00 1; and
WHEREAS, the City Council of the City of Arroyo Grande has reviewed this project in
compliance with the California Environmental Quality Act CE A , the State CE QA
Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CE QA
and has reviewed the draft Mitigated Negative Declaration; and
WHEREAS, the City Council of the City of Arroyo Grande has reviewed the project at a
duly noticed public hearing on March 8, 2011; 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 allover the development of
6.1 acres with both commercial and affordable le multi - family apartment uses
consistent with the goals, objectives, policies and programs of the General
Plan — specifically Lard Use Policy L U 5- 10. 1, wh ich targets the intersection
of East Grand Avenue and Courtland street for high-intensity mixed-use
development
2. The proposed Specific Plan Amendment will not adversely affect the public
health, safety and welfare or result in an illogical land use pattern;
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 mined -case development standards
Which are consistent with the Mixed-Use MU land use designation as
described in the Land Use Element and which provide for an adequate
buffer between dissimilar uses (commercial and residential); therefore., the
Agenda Item 9.b.
Page 27
RESOLUTION NO.
PAGE 2
proposed Specific Plan Amendment will not result in an illogical land use
patter.
3. The proposed specific Plan Amendment Is necessary and desirable i n
order to implement the provisions of the General Plan;
The proposed Specific Plan Amendment is necessary and desirable to
implement provisions of the General Plan regarding higher- intensity mixed
use development of . acres of vacant lanai, consistent with Land Use
Policy L -o. 1. The provisions of the existing specific Plan are
undesirable, as they do not provide for an adequate rear yard setback in
Subarea 3, and the minimum side yard setback required in subarea
prohibits development of affordable multi-family apartments at the density
described in the Lanai Use Element.
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 within the proposed specific Plan
Amendment will result in a superior development to that which would occur
using standard zoning and development regulations or existing specific
Plan development standards, as the development standards contained
within the proposed specific Plan Amendment allow for development of a
higher- intensity mix of uses, including commercial mercial anal affordable multi -
family apartments.
s.
5. The proposed Specific Plan Amendment will not create internal
inconsistencies within the Specific Plan and is consistent with the purpose
and intent of the Specific Plan it is amending.
The proposed specific Plan Amendment will not create any infernal
inconsistencies within the Beny Gardens specific Plan and is consistent
with the Berry Gardens specific Plan as it provides for both commercial
and affordable multi- family apartment development and provides for a
transition between single - family residential and commercial development.
Required CEQA Findings,
The City of Arroyo Grande has prepared an Initial study pursuant to section 1 063
of the Guidelines of the California Environmental Quality Act CE A , for Specific
Plan Amendment 10-001.
2. Based on the Initial study, a Mitigated Negative Declaration was prepared for
public review. A copy of the Mitigated Negative Declaration and related materials
is located at City Hall in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and considering
the record as a whole, the City Council adopts the Mitigated Negative Declamation
Agenda Item 9.b.
Page 28
RESOLUTION No.
PAGE
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 Carne code or on the habitat upon which the wildlife depends as a
result of development of this project. Further, the city council finds that said
Mitigated Negative Declaration reflects the City's independent judgment and
analysis.
NOW, THEREFORE, E, BE IT RESOLVED El that the city council of the city of Arroyo
Grande hereby adopts the Draft Mitigated Negative Declaration and approves Specific
Plan Amendrnent 10 -001 E hibit " " with the above findings and subject to the
conditions as set forth in Exhibit "A ", attached hereto and incorporated herein by this
reference.
On motion by council Member , seconded b y Council Member , and by the
following roll call vote, to grit:
AYES:
NOES:
ABSENT:
T:
the foregoing Resolution was adopted this 8th day of March, 2011.
Agenda Item 9.b.
Page 29
RESOLUTION NO.
PAGE
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERIC
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 9.b.
Page 30
RESOLUTION NO,
PAGE
EXHIBIT `A'
CONDITIONS of APPROVAL
SPECIFIC PLAN AMENDMENT 10-001
SOUTHWEST CORNER of
EAST G RANI D AVENUE AND
SOUTH COURTLAND STREET
This approval authorizes an amendment to the Berry Gardens Specific Plan as it
relates to the development of Subareas 3 and 4.
GENERAL CONDITIONS:
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 Specific Plan
Amendment 10 -001.
3. Development shall occur in substantial conformance with the plans presented to
the City Council at its meeting of March 8, 2011 (Exhibit "B"),
4. The applicant shall agree to defend at his /her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in any gray relating to the implementation thereof,
or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attorney's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of his /her obligations under this condition.
PLANNING DIVISION:
5. The applicant shall provide the Community Development Department with t welve
(12) copies of the complete Berry Gardens Specific Plan, including all provisions
of Specific Plan Amendment 10-001 as approved.
PLANNING COMMISSION:
Bicycle banes shall be provided for on both sides of South Courtland Street along
the project frontage.
7. Site plans shall be designed to minimize potential conflicts between delivery
trucks and customers.
Agenda Item 9.b.
Page 31
RESOLUTION i CVO.
PAGE
MITIGATION MONITORING PROD AM:
MM III -'I : The following conditions shall be included on all construction plans and
adhered to for all construction - related permits:
Reduce the amount of disturbed area where possible.
Use grater truck or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site. Increase watering frequency when
grind speeds exceed 15 MPH. Reclaimed laimed (non - potable) water shall be
used whenever possible.
All dirt stockpile areas should be sprayed daily or as needed.
Permanent dust - control measures identified in the approved
revegetation /landscape plans should be implemented as soon as possible
following completion of any soil- disturbing activities.
•
Exposed ground areas that are planned to be reworked more than one 1
month after initial grading should be sown with a -fast-germinating native
grass seed and watered until vegetation is established.
All disturbed soil areas not subject to revegetation should be stabilized
using approved chemical soil binders, jute netting or other methods
approved in advance by the Air Pollution Control Board APCD.
All roadways, driveways, sidewalks and other areas to be paved should
be completed as soon as possible. In addition, building pads should be
laid as soon as possible after grading unless seeding or soil binders are
used.
Vehicle speed for all construction vehicles shall not exceed 1 MPH PH on
any unpaved surface at the construction site.
Alf truck hauling dirt, sand, soil or other loose materials are to be covered
or shall maintain at least two 2 feet of freeboard (minimum vertical
distance between top of load and top of trailer) in accordance with CC
Section 23114.
Wheel-washers shall be installed where vehicles enter and exit unpaved
roads onto streets or gash off truck and equipment prior to leaving the
construction site.
Streets shall be swept at the end of each day if visible soil material is
carried onto adjacent paved roads. Water sweepers with reclaimed non -
potable grater should be used where feasible.
The contractor builder shall designate a person or persons to monitor and
implement these measures as necessary to minimize dust complaints,
reduce visible emissions below 20% opacity and to prevent the transport
of dust off -site. The name and telephone number of such persons shall
be provided to the Air Pollution Control District APCD prior to the start of
any construction- related activities.
Staging and queuing areas shall not be located within 1,000 feet of
sensitive receptors.
Diesel idling within 1 ,000 feet of sensitive receptors shall not be permitted.
Agenda Item 9.b.
Page 32
RESOLUTION No.
PAGE
•
Use of alternative- fueled equipment is recommended whenever possible.
Signs that specify the no idling requirement Tall be posted and enforced
at the construction site.
MM 111-2: Prior to any grading activities, the project sponsor shall ensure that a
geologic evaluation is conducted to determine if naturally occurring asbestos
( NOA) is present within the area that will be disturbed. If NOA is not present, an
exemption request must be titled with the APC . if NOA is found at the site, the
applicant must comply with all requirements outlined in the Air Resource Board
(ARB)Air Toxics control Measure (ATOM) for Construction, Grading, Q uarrying
and Surface Mining Operations.
MM III -3: All portable equipment 50 horsepo wer or greater) used during
construction rust be issued a permit by either the GARB or the APCI.
MM III.4 Should hydrocarbon - contaminated soil be encountered during
construction activities, the APCD shall be notified within forty -eight hours of
such contaminated soil being discovered to determine if an APCD permit is
required. In addition, the following measures shall be implemented immediately
after contaminated soil is discovered:
0 Covey's on storage piles shall be maintained in place at all times in areas
not actively involved in soil addition or removal.
0 Contaminated soil shall be covered with at least sic inches of packed,
uncontaminated soil or other TPH — non- permeable barrier such as plastic
tarp. No headspace shall be allowed where vapors could accumulate.
0 Covered piles shall be designed in such a way as to eliminate erosion due
to wind or water. No openings in the covers are permitted.
0 During soil excavation, odors shall not be evident to such a degree as to
cause a public nuisance.
0 Clean soil must be segregated from contaminated soil.
NIM 111-5: Operation of any commercial building with a loading area shall include
the establishment of a `no idle' zone for diesel -po wered delivery vehicles.
Vehicle idling shall be minimized to the maximum extent feasible using the
following techniques:
Each delivery vehicle's engine shall be shut off immediately after arrival in
the loading dock or loading area, unless the vehicle is actively
maneuvering.
The scheduling of deliveries shall be staggered to the maximum imur extent
feasible.
Vehicle operators shall be made aware of the `no idle' zone, including
notification by letter to all delivery companies.
Agenda Item 9.b.
Page 33
RESOLUTION ND.
PAGE 8
0 Prominently lettered signs shall be posted in the receiving dock area to
remind drivers to shut off their engines.
0 Diesel idling within 1 ,000 feet of sensitive receptors is not permitted.
0 Use of alternative- fueled Vehicles is recommended whenever possible.
0 staging and queuing areas shall not be located within 1,000 feet of
sensitive rece ptors.
IIIIM V -1: Any areas where native (non-stockpiled) soil will be disturbed by
construction activities (grading, footings, utilities, etc) shall first be inspected by a
qualified archeologist to determine if any cultural resources are present. If
cultural resources are present, a phase two archeological study shall be
conducted by a qualified archeologist and further mitigation measures identified
and implemented.
MM VIA: The project proponent shall submit a revised geotechnical study or
addendum to the original study that either states that all conclusions and
recommendations in the original report are Valid or, if the original conclusions
and recommendations are not Valid, includes updated conclusions and
recommendations where necessary.
IIIII'I VI -2: All construction plans shall incorporate the recommendations of and
updated geotechnical study based on the study prepared for the project by Gsl
Soils Inc. dated April 2006.
MM VII -1: All construction plans shall reflect the following G IG- reducing
measures where applicable. Prior to issuance of building permits, the project
sponsor shall submit impact reduction calculations based on these measures to
the APCD for review and approval, incorporating the following measures:
Incorporate outdoor electrical outlets to encourage the use of electric
appliances and tools.
Provide shade tree planting in parking lots to reduce evaporative
emissions from parked Vehicles. Design should provide goo tree
coverage within 10 years of construction wing lover ROG emitting, lover
maintenance nature drought resistant trees.
No residential wood burning appliances.
Provide employee lockers and showers. One shover and 5 lockers for
every 25 employees are recommended.
Trusses for south- facing portions of roofs shall be designed to handle
dead Freight loads of standard solar - heated grater and photovoltaic
panels. Roof design shall include sufficient south- facing roof surface,
based on structures size and use, to accommodate adequate solar
panels. For south facing roof pitches, the closest standard roof pitch to the
ideal average solar exposure shall be used.
Agenda Item 9.b.
Page 34
RESOLUTION i NO.
PAGE 9
0 Increase the building energy rating by 20% above Title 24 requirements.
Measures used to reach the 20% rating cannot be double counted.
0 Plant drought tolerant, native shade trees along southern exposures of
buildings to reduce energy used to cool buildings in summer.
Utilize green building materials (materials which are resource efficient,
recycled, and sustainable) available locally if possible.
0 Install high efficiency heating and cooling systems.
Design building to include roof overhangs that are sufficient to block the
high summer sun, but not the to wer winter sun, from penetrating south
facing windows (passive solar design).
0 Utilize high efficiency gas or solar water heaters.
0 Utilize built -in energy efficient appliances i.e. Energy Stare).
Utilize double -paned windows.
Utilize low energy street lights i.e. sodium).
Utilize energy efficient interior lighting.
Install energy - reducing programmable thermostats.
0 Use roofing material with a solar reflectance values meeting the EPA/DOE
Energy Stare rating to reduce summer cooling needs.
Eliminate high water consumption landscape e.g., plants and lawns) in
residential design. Use native plants that do not require watering and are
low ROG emitting.
Provide on -site bicycle parking both short terra (racks) and long terra
(lockers, or a locked room with standard racks and access limited to
bicyclist only ) to meet peak season maximum demand. One bike rack
space per 10 vehicle/employee space is recommended.
Re the installation of electrical hookups at loading docks and the
connection of trucks equipped with electrical hookups to eliminate the
need to operate diesel -po wered TRUs at the loading docks.
Provide storage space in garage for bicycle and bicycle trailers, or
covered racks 1 lockers to service the residential units.
MM 1111 -1: The following BIVIPs shall be incorporated into the project:
Roof Downspout System. Direct roof drains to pervious areas to allow
infiltration prior to discharging to water bodies or the municipal storm drain
system.
Faun -off Control. Maintain post - development peak runoff rate and average
volume of runoff at levels that are simil ar to pre - development levels.
Labeling and Maintenance of Storm Drain Facilities Label new storm
drain inlets with "No Dumping — Drains to Ocean" to alert the public to the
destination of storrnwater and to prevent direct discharge of pollutants into
the storm drain.
Agenda Item 9.b.
Page 35
RESOLUTION Flo.
PAGE 1
Vehicle/Equipment Clean n I Commercial /industrial facilities or multi -
family residential developments of 50 units or greater should either
provide a covered, bermed area for washing activities or discourage
vehicle/equipment gashing by removing hose bibs and installing signs
prohibiting such uses. Vehicle /equipment washing areas shall be pared
designed to p revent run-on or run off from the area, and plumbed to drain
to the sanitary sewer.
Car Washing Commercial car wash facilities shall be - designed and
operated such that no runoff from the facility is discharged to the storm
drain system. Wastewater from the facility shall discharge to the sanitary
server or wastewater reclamation system.
Common Area Litter Control. Implement trash management and litter
control for commercial and industrial projects or large -scale residential
developments to p revent litter and debris from being carried to water
bodies or the storm drain system.
Food Service Facilities. Design food service facilities (including
restaurants and grocery stores) to have a sink or other area for cleaning
floor mats, containers, and equipments that is connected- to a grease
interceptor prior to discharging to the sanitary server system. The
cleaning area should be large enough to clean the largest mat or piece of
equipment to be cleaned.
Refuse Areas Trash compactors, enclosures and d um ster areas should
be covered and protected from roof and surface drainage. Install a self -
contained drainage system that discharges to the sanitary sewer if water
cannot be diverted from the areas.
Outdoor storage Controls. Oils, fuels, solvents, coolants, and other
chemicals stored outdoors must be in containers and protected from
drainage by secondary containment structures such as berms, liners,
vaults or roof corers and /or drain to the sanitary server system. Bull
materials stored outdoors must also be protected from drainage with
berms and corers. Process equipment stored outdoors must be
inspected for proper function and leaks, stored on impermeable surfaces
and covered. Implement a regular p rogram of sweeping and litter control
and develop a spill cleanup plan for storage areas.
Cleanin -g, Maintenance and Processin-g Controls. Areas used for
washing, steam cleaning, maintenance, repair or processing must have
impermeable surfaces and containment berms, roof corers recycled
grater gash facility, and discharge to the sanitary sewer. Discharges to
Agenda Item 9.b.
Page 36
RESOLUTION TION lo.
PAGE 11
the sanitary sever may require pretreatment systems and/or approval of
an industrial waste discharge permit.
•
Loadinq Dock Controls. Design loading docks to be covered, surrounded
by berms or curbs, or constructed to p revent drainage onto or from the
area. Position roof downspouts to direct stormwater away from the loading
area. Water from loading dock areas shall be drained to the sanitary
sewer, or diverted and collected for ultimate discharge to the sanitary
sever. Door skirts between the trailers and the building should be
installed to p revent exposure of loading activities to rain.
• Street parking lot Sweeping: Implement a program to regularly sweep
streets, sidewalks and parking lots to prevent the accumulation of litter
and debris. Debris resulting from pressure washing should be trapped
and collected to prevent entry into the storm drain system. Washwater
containing any cleaning agent or degreaser should be collected and
discharged to the sanitary sewer.
IIIIM II -1: All store deliveries shall be restricted to between the hours of TOO AIM
to 10:00 PM, and the current parking limitations on either side of South
Courtland Street shall be maintained.
MM X11-2: Construction plans for any store located along the rear of Subarea
shall include a noise barrier, either a block wall or an extension of the store
building to be not less than twelve 12 feet above the delivery area, tapering to
a height of sic at the eastern property line (back of sidewalk) at a 1:1 ratio.
Additionally, any residential structures that, absent the noise barrier, would have
a direct line of sight to the delivery area shall include acoustical treatment to
reduce exterior noise levels by thirty decibels, the cost of which shall be
borne by the developer of the store.
I'IAM IA: The East Grand Avenue median located between Courtland Street
and Elm Street shall be reconstructed to accommodate an adequate length left -
turn pocket (East Grand Avenue to South Courtland Street) in accordance with
the final queuing analysis prior to operation of any commercial use on Subarea
3.
Agenda Item 9.b.
Page 37
ATTACH 11
i; M
amno a means
EK DIN EIF It■ -PL wKKlRS
MEMORANDUM
To :
City of A rroyo Grande
Data:
February 21, 2011
Attn:
Teresa McCfish
Project:
Courtland Place Peer Review
From:
Martin Inouye, To Tregen a
R e:
Queuing Ana lysis
Job No.:
25-1275
Fil No.:
C 1500MEM002.DOC
EYMO
This memorandum has been prepared b f -MEANS to present the results of a queuing analysis for
the Cumulative Plus Project conditions analysis from the Courtland Place Traffic Study. The focus of
this analysis is the simulation of queuing at the Grand Avenue ourtland Street intersection. Queues
were also checked on the intersections of Grand Avenue and Oak Park Boulevard, Elm Street, and
Halcyon Road.
METHODOL
Queues were analyzed using SimTraffic software. A total of five runs were performed, and the 95�
percentile queues were established. All queuing analysis was performed for the AM and PM peak hours,
although all results presented in this memorandum are representative of the PM peak hour, a it is the
worst -c scenar
The study intersections were analyzed as a corridor, meaning all study intersections were included in the
SimTraffie network. Th e arrival o eastbound an westbound vehicles is simulated in a more realistic
manner this way, as the software is able to simulate platoons between signalized intersections. The
intersection o f Grand Avenue Courtiand Street was a[so simulated on an isolated basis. This means that
adjacent signals did not affect the arrival of vehicles. This additional simulation at this intersection was
performed in order to provide the most conservative estimate of queues on Grand Avenue, as all vehicles
are assumed to arrive in a continuous flow.
GRAND AVENUE T COURTIAND STREET
The following queues are projected under the Cumulative Pigs Project traffic volunnes on Grand Avenue
at the Courtland Street intersection.
xs tb o u nd Appr oa b
The eastbound left turn movement 95 percentile queue is estimated to be 128 feet when analyzed as a
corridor. When analyzed on an isolated basis, the 95 percentile queue is projected to he about 142 feet.
if the curre nt storage hay (roughly 100 feet) is lengthened to between 150 and 175 feet (not including
taper length), queues should be accomm under worst -case conditions.
Eastbound through and right turn movement queues are projected to be accommodated within the existing
configuration.
943 Reserve Drive, Suite 100, Roseville, CA 96678 - (916) 782 -8688 fax {916} 782 -8889
Agenda Item 9.b.
Page 38
Febru 2 1, 201
Westbound Approach
The westbound left turn movement percentile queue is estimated to be 13 6 feet when analyzed as a
corridor. when analyzed on an isolated bash, the 95 h percentile queue is projected to be about 212 feet.
i f the current storage bay (roughly 100 feet) is lengthened t between 200 and 225 (riot i nc I ud ing taper
length), queues should be accommodated under worst -case conditions.
Westbound through and right turn movement queues are projected to be accommodated within the
existing configuration.
Northbound Approach
Queues for the northbound approach should be accommodated within the existing street configuration
with minor restriping. The northbound left turn pocket should be extended further south from Grand
Avenue. The northbound left turn pocket (currently 90 feet) should be lengthened to between 125 and
150 feet (not including taper length).
Southhound Approach
All southbound movement queues are projected to be accommodated within the existing configuration.
OTFWR ECMONS ON GRAND AVENUE
This section summarizes the queuing conditions under the Cumulative Plus Project traffic volumes on
Grand Avenue at the Oak Park Boulevard, Elm Street, and Halcyon road intersections.
Grand A venue at Oak Park Boulevard
The westbound approach queues should be accommodated in the existing configuration. The eastbound
left turn queue exceeds the available storage by about one car length. This issue could be addressed with
a minor retriping to lengthen the eastbound left turn pocket (currently 180 feet) to between Zoo and 225
feet (riot including taper length). The northbound and southbound approach queues should be
accommodated in the existing configuration.
Grand Avenue at Flat ,Street
Queues from all approach directions should be accommodated in the existing configuration.
Grand Avenue at Halcyon Road
The westbound approach queues should be accommodated in the existing configuration. The eastbound
left turn queue exceeds the available storage by about one car length. This issue could be addressed by
reconstructing the center median to lengthen the eastbound left turn pocket (currently 140 feet) to
between 165 to 190 feet (not including taper length). The southbound approach queues should be
accommodated in the existing configuration. The northbound left queue exceeds the length of the
currently striped pocket. The northbound left turn pocket should be lengthened to between 145 and 170
feet (not including taper length).
CONCLUSIONS
These are recommendations to mitigate projected conditions within buildout of all approved./pending
projects plus the proposed project. Given that in most cases these are not existing deficiencies nor
necessary short -term projected- related mitigations, other than the Grand Avenue ourtland Street
intersection, it is suggested that the City consider monitoring conditions at the other Grand Avenue
intersections prior to implementing any significant improvements. This will ensure that significant costs
are not expended at locations where actual conditions do not reflect the results of this cumulative
conditions analysis.
943 Reserve Drive, Suite 100, Roseville, CA 95678 - (916) 782 -8688 fax (9 16) 78 2- 89
Agenda Item 9.b.
Page 39
ATTACHMENT 1
' 01TY of INITIAL STUDY/
MITIGATED NEGATIVE
CALIFORNIA DECLARATION
July 2010 (Revised February 2011)
H Flo. 2010031068
Agenda Item 9.b.
Page 40
Specific Plan Amendment 10 -001, Tentative Parcel Map 10 -001, Conditional Use Permit 10-001 &
Conditional Use Permit 1003
Southwest Corner of East Grand Avenue.and South Courtland Street
INITIAL STUDY MITIGATED NEGATIVE DECLARATION July 2010 (Revised February 2011)
SPA 10 -001 TPM 10-Mi., CUP 10-001 & CUP 10-003
Project: Specific Plan Amendment 10 -001, Tentative Parcel Map 10 -001, Conditional Use Permit
10-001 & Conditional Use Permit 10-003
Lead Agency: City of Arroyo Grande
Document Availability:
City of Arroyo Grande
Community Development Department
214 East Branch Street
Arroyo Grande, C A 93420
• htt www.arro rande.or
Project Description:
The proposed project involves amending the Berry Gardens Specific , Plan relating to development of
Subarea 3 (4.47 acres) and Subarea 4 1.6 acres). The amendment allows for commercial development
of Subarea 3 with up to a maximum of 58 .,500 square -feet of building space and residential development
of Subarea 4 with up to a maximum of forty -five (4) affordable apartment units. There are also
pending Tentative Parcel Map (TPM 10-001) and Conditional Use Permit (CUP 10-001) applications for
Subarea 3 and a Pending Conditional U se Permit (CUP 10 -003) application for Subarea 4.
Summary Document Preparation:
Pursuant to Section 21092.1 of the California Environmental Quality Act, the City of Arroyo Grande (thee
City) has independently reviewed and analyzed the initial Study and Mitigated Negative Declaration for
the proposed project and finds that these documents reflect the independent judgment of the City. The
City, as lead agency, also confirms that the project mitigation measures detailed in these documents are
feasible and will be implemented as stated in the Mitigated Negative Declaration.
Teresa Wish, AICP
Community Development Director
Ryan Foster
Associate Planner
7 Jul 2010 15 Feb 2011
Date Revised
7 Jul 2010 15 Fein 2011
Date
Revised
Page 3 of 41
Agenda Item 9.b.
Page 41
INITIAL UDY MITIGATED NEGATIVE DECLARATION July 2010 (Reprised February 2011) -
S PA 10 -001, TP M 10-001, CUP 10-001 & CUP 10 -00
XVI Transportation/Traffic ...................................................................................... ..............................■ 1
VII. Utilities and Service Systems ........................................................................... ...............................
Mandatory Findings of Significance ■■.■■...........■...■■............■....■....■...... ............. ............. ..............................■
Summary of Mitigation Measures ............................................................................... ............................... 3
References... ............................... iii.............................................................................. ............................... 1
DocumentsMaps i .................................... i..........................i.....................M#......... 777.i.Mt .......... #itti .affffff■ 41
Consultations................ ............................... a ..............iii ..................iii ............. ............................... a ....... 41
Page 5 of 41
Agenda Item 9.b.
Page 42
INITIAL STUDY MITIGATED NEGATIVE DECLARATION July 2010 (Revised February 2011)
SPA 10 -001, TPM 10 -001, CUP 10.001$ CUP 10.003
• Environmental Setting, Potential Impacts and Mitigation Measures
This chapter identifies the significance of potential environmental impacts, explains the
environmental setting for each environmental issue, and evaluates the potential imparts
identified in the CEQA Environmental (Initial Study) Checklist. Mitigation measures are
incorporated, where appropriate, to reduce potentially significant impacts to a less -than-
significant level.
• Mandatory Findings of Significance
This chapter identifies and summarizes the overall significance of any potential impacts to
natural and cultural resources, cumulative impacts, and impact to humans, as identified in the
Initial Study.
• Summary of Mitigation Measures
This chapter summarizes the mitigation measures Inorporated into the project as a result of the
Initial Study.
• references
This chapter identifies the references and sources used in the preparation of this IMD. it also
provides a list of those involved in the preparation of this document.
Summary of Findings
Section 3 of this document contains the Environmental ( tnitial Study) Checklist that identifies the
potential environmental impacts (by environmental issue) and a brief discussion of each impact resulting
from implementation of the proposed project.
In accordance with §15064(8 of the CEQA Guidelines, a Mitigated Negative Declaration shall be
prepared if the proposed project will'not have a significant effect on the environment after the inclusion
of mitigation measures in the pro)ect. Based on the available project information and the
environmental analysis presented in this document, there is no substantial evidence that, after the
incorporation of mitigation measures, the proposed project would have a significant effect on the
environment. It is proposed that a Mitigated Negative Declaration be adopted in accordance with the
EA Guidelines.
Revisions
This Mitigated Negative Declaration was reprised and re- circulated in February 2011.
Page 7 of 41
Agenda Item 9.b.
Page 43
INITIAL STUDY MITIGATED "NEGATIVE DECLARATION July 2010 (Reprised February 2011)
SPA 10 -001, TPM 10-001, CUP 10 -001 & CUP 10 -003
This amendment set forth standards for the subareas to be development with a commercial component
on approximately the northernmost of the project site, and affordable multi- family apartments on
the remainder of the project site. No development was ever pursued to completion under this
amendment, and now the applicant is seeping to refine development Standards by amending the BG P
and secure entitlements to develop the commercial portion of the site. Development of the two
subareas will complete development of the Berry Gardens Specific Plan, refine the western gateway into
the City and increase sales and property tax revenue.
Project Description
SPA 1 -001
The proposed Specific Plan Amendment Will amend the Berry Gardens Specific Plan — specifically,
Subareas 3 and 4. The Berry Gardens Specific Plan corers approximately forty-seven (4 7) acres along
the western edge of Arroyo Grande. The Plan includes four (4) Subareas; Subarea 1 is developed with a
mix of neo- traditional single - family. and "patio' homes, Subarea 2 is developed with single - family
townhouses. A portion of Subarea 3 is developed with nine () neo- traditional single- family homes. The
remainder of Subarea B and the - whole of Subarea 4 are undeveloped. The proposed amendment will
establish allowed uses and development standards for Subareas 3 and 4, consisting of the following:
Commercial/office use on the. northernmost 4.47 acres (Subarea )— maximum of 88,500
square—feet; a n d
Residential use on the southernmost .1.68 acres (Subarea 4) ! maximum of forty -f ive (45)
affordable apartment units..
TPM 10-001
The proposed Tentative Parcel Map will subdivide Subarea B into four (4) lots of 0.51 acres, 0.59 acres,
2.56 acres and 0.57 acres, allowing individual. ownership of separate commercial building pads.
P 10-001
The proposed Conditional Use Permit will develop Subarea 3 with a 5,800 Square -foot commercial
building, a 6,767 Square -foot restaurant, a 85,786 square -foot grocery store and a 5,700 square -foot
ort me rcial building (54,058 square -feet total).
C UP 10-003
The proposied Conditional Use Permit- will develop Subarea 4 with a thirty -six Bb) unit affordable
apartment complex with an on-site manager.
Other Required Public Agency Approvals
No other public agency approvals are required for the proposed project.
Related Proj ct -
The proposed project is related to the larger Berry Gardens Specific Plan (BP), which has been
developed over the last twelve (1 2) years with a mix of neo- traditional Single - family homes, "patio'
homes and townhomes on approximately forty -one (41) acres, generally bounded by Boysenberry
Av nue, Strawberry Avenue, Oak Park Boulevard and Ash Street_
Page 9of41
Agenda Item 9.b.
Page 44
INITIAL STUDY MITIGATED NEGATIVE DECLARATION Juiy 2010 (Revised February 2011)
SPA 10 -001, TPM 1D-001, CUP 10 -0018 CUP 10 -003
E nvironmental Factors Potentially Affected
The environmental factors checked bel ow would be potentially affected by this project, 'Involving at
least one impact that is a "Potentially Significant Impact ", as indicated by the checklist on the following
pages=
Aesthetics
] Biological Resources
[� Greenhouse Gas. Emissions
] Land Use /Planning
D Population /-lousing
[] Transportation /Traffic
[:] Agricultural Resources
[] Cultural Resources
[] #hazards & Hazardous Materials
M ineral Resources
[] Public Services
[] Utilities /service systems
D Air Quality
El Geology /Soils
[] Hydrology/Water Quality
0 Noise
Recreation
Mandatory Findings of Significance
Determination
O n the basis of this initial evaluation:
] l find that the proposed project COULD NOT have a significant e on the environment and a
NEGATIVE DECLARATION will be prepared.
23 1 find that, although the original scope of the proposed project COULD have had a significant
effect on the environment, there WILL NOT be a significant effect because revisions/mitigations
to the project have been made by or agreed to by the appli cant. A MITIGATED ATED NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment an are
ENVIRONMENTAL IMPACT T REPORT o its functional equivalent will be prepared.
[] I find that the proposed project MAY have a "potentially significant impact" o r "potentially
significant unless mitigated impact" on the environment. However, at least one impact has
been adequately analyzed in are earlier document, pursuant to applicable legal standards, and
has been addressed by mitigation measures based on the earlier analysis, as described in the
report's attachments. An EN VIRONMENTAL IMPACT DEPORT .is required but it must analyze
only the impacts not sufficiently addressed in previous documents.
] I find that, although the proposed project could have had a significant affect on the -
environment, because all potentially significant effects have been adequately analyzed its an
earlier EIR or Negative Declaration, pursuant to applicable standards, and have been avoided or
mitiga pursuant to an earlier EIR, including revisions or mit measures that are
imposed upon the proposed project, all impacts have been avoided or mitigated to a less -than-
significant level and no further'acti n is required.
Ryan Foster
Associate Planner
/s F7010-� zo /l
Date
Page 11 of 41
Agenda Item 9.b.
Page 45
INITIAL STUDY MITIGATED NEGATIVE DECLARATION July 2010 (Revised February 2011)
SPA 10-001 TP M 10 -001 CUP 10-001 & CUP 10-003
Environmental Issues
I. Aesthetics
Environmental Setting
The project site is located along the it main commercial corridor (East Grand Avenue) and although
the site is undeveloped, it is surrounded by commercial'development to the east, north and west and
residential development to the south.
Would the project:
a) Have a substantial adverse affect on a scenic Arista?
b) Substantially damage scenic resources, including,
but not limited t, trees, rock outcroppings, and
historic buildings within a state scenic highway
0 Substantially degrade the existing visual character or
quality of the site and its surroundings?
d) Create a new source of substantial light o glare
which would adversely affect day or nighttime views in
the area?
_
i urS ion
a -b: No impacts.
Potentially
Less Than
Less Than
SignWficant
Significant
- Significant
No Impart
with
Impart
Mitigation
Impart
❑
1:1
1:1
0
El
❑
c; Development standards contained within the Specific Ilan Amendment regulate building form
through minimum required etbacl s and maximum. allowed building size, ensuring that new
development is compatible with the existing visuaI character o f the area.
d: The project would create a new source o f.nighttime lighting in the form of parking lot and building
fights and illuminated signage'. However, compliance with applicable standards will ensure that this new
source of lighting will not adversely affect views in the area.
References:
II. Agriculture and Forestry Resources
Environmental Setting
The project site was previously used for agricultural production (strawberries), but does not contain
prime soils, nor is it designated or zoned for agricultural use.
Page 13 of 41
Agenda Item 9.b.
Page 46
INITIAL STUDY MITIGATED NEGATIVE DECLARATION July 2010 (Revised February 2011)
SPA 10 -001 TPM 10 -001, CUP 10`0018 CLIP 10 -003
c) Result In a cumulatively considerable net increase of
any criteria pollutant for which the project region is in
non - attainment under an applicable federal or state ❑
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant El
concentrations.
e) Create objectionable odors affecting a substantial El
number of people.
* Where available, the significance criteria established by the applicable air quality m anag ement or air pallution cantral district
may be relied an to make these determinations.
Discussion
a: No impacts.
b -c: Operational emissions for the proposed project were estimated using the URBEMIS2007 computer
model by Air Pollution Control District (APCD) staff. The estimated operational emissions for the
proposed project are approximately forty (40) pounds of reactive organic gases (ROG) + nitric oxide and
nitrogen dioxide (NOx) combined per day. This exceeds the AP D's operational CEQA threshold of
twenty -five (2S) pounds of ROG + NOx combined per day. Additionally, operational emissions will
contribute to greenhouse gas ( .H ) emissions. The Attorney General requires a G HG impact evaluation
and the implementation of feasible mitigation measures at the project level to mitigate GHG emissions,
The Specific Plan Amendment includes a parking reduction for both subareas and requires a bus turnout
along East Grand Avenue. Therefore, operational emissions for the proposed project will not constitute
a significant impact.
The proposed project will also generate short - terra emissions during construction. Implementation of
the following mitigation measures will reduce these Impacts to a less than significant level:
MM 111 -1: The following conditions shall be included on all construction plans and adhered to
for all construction- related permits;
•
Reduce the amount of disturbed area where possible.
Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. Increase watering frequency when wind speeds exceed 15 MPH.
Reclaimed (non - potable) water shall be used whenever possible.
All dirt stockpile areas should be sprayed daily or as needed.
Permanent dust - control measures identified in the approved revegetation /landscape
plans should be implemented as soon as possible following completion of any soil-
disturbing activities.
• Exposed ground areas that are planned to be reworked more than one (1 ) month after
initial grading should be sown with a fast - germinating nature grass seed and watered
until vegetation is established.
• All disturbed soil areas net subject to revegetation should be stabilized using approved
chemical soil binders, jute netting or other methods approved in advance by the Air
Pollution Control Board (PD),
Page 15 of 41
Agenda Item 9.b.
Page 47
INITIAL ,STUDY MITIGATED NEGATIVE DECLARATION July 010.(Revi ed February 2011)
,SPA 10 -001 TP M 10 -001 CUP 10 -001 & CUP 10-003
• During soil excavation, odors -shall not be evident to such a degree as to cause a public
nuisance.
• lean soil must be segregated from contaminated soil.
d: The proposed project is considered both a Type A and Type B project regarding tonic air
contarninant . Type A projects are those that generate tonic air contaminants (diesel delivery trucks)
and Type B projects are those that place sensitive receptors (residences) within 1,000 feet of existing
sources of tonic air contaminants. The San Luis Obispo Air Pollution control District (LAPCD) has
established thresholds of significance for excess cancer risk for both Type A and Type B projects. The
threshold for Type A projects is an excess risk of 10 in a million and the threshold for Type B projects is
an excess risk of 89 in a million. A detailed health risk assessment was conducted for the proposed
project. The health risk assessment concluded that the excess health risk for the Type A portion of the
proposed project is 2 in a million and that the excess health risk for the Type B portion of the proposed
project is 19 in a million, both of which are below the thresholds of significance established by the
LAPL.
Operation of the commercial portion of the proposed project may create objectionable odors
affecting adjacent residents. The Specific Plan Amendment prohibits commercial uses that may create
objectionable odors. Therefore, operation of the commercial portion of the proposed project will not
constitute a significant impact.
111-5:' Operation of any commercial building with a loading area shall include the
establishment of a 'no idle' zone for diesel-powered delivery vehicles. Vehicle idling shall be
mMimi d to the maxi M u m extent feasible using the follow ing techniques:
Each delivery vehicle's engine shall be shut off immediately after arrival in the loading
dock or loading area, unless the vehicle is actively maneuvering.
The scheduling of deliveries shall be staggered to the maximum extent feasible.
Vehicle operators shall be made aware of the `no idle' zone, including notification by
letter to all delivery companies.
Prominently lettered signs shall be posted in the receiving deck area to remind drivers
to shut off their engines.
Diesel el idling within 1,000 feet of sensitive receptors -is not permitted.
• Use of a lternative- fueled ve Moles is recommended wh eneve r possi ble.
• Staging and queuing areas shall not be looted within 1,000 feet of sensitive receptors.
References: 8 , 9 , 10 , A c, D,1
I. Biological Resources
n ironm ntai Setting
The site is devoid of flora and fauna with the exception of invasive grasses/weeds that are m owed twice
a year in accordance with the city's Weed Abatement Program. Existing development on all four ( )
sides of the project site precludes its use as a wildlife corridor.
Page 17 of 41
Agenda Item 9.b.
Page 48
INITIAL STU DY MITI ATED NE ATIVE DECLARATION July 2010 (Reprised February 2011)
SPA 10 -001, TP M 10 -001, CU P.10 o 1 & CU P 10 -003
The remaining three () locations contained isolated shell fragments that are probably prehistoric in
origin. A substantial amount of fill material has been stored on the project site for the past several
e a r.
Discussion
a -c: The presence of isolated prehistoric cultural materials indicates the potential for significant impacts
to cultural - resources should more nt ct or substantial deposits be present within the project site.
Implementation of the following mitigation measure will reduce these impacts to a less than significant
level:
MM V -1: Any areas- where native (non-stockpiled) soil will be disturbed by construction
activities (grading, footings, utilities, etc) shall first be inspected by aM qualified archeologist to
determine if any cultural resources are present. If cultural resources are present, a phase two
archeological study shall be conducted by a qualified archeologist and further mitigation
measures identified and implemented.
References: 10, 11, 14,
vl. Geology - and Soils
E nvironmental Setting
In general, the project site' lopes to the south with an average elevation of approximately ninety ( )
feet above mean sea level. The south side of the site is generally ten (10) feet below the north side in
elevation. Near surface soils generally consist of silty sands to a depth of 4 -5 feet in a slightly moist to
moist state and in a loose to medium -dense condition.
Page 19 of 41
Agenda Item 9.b.
Page 49
Potentially
Less Than
Less Than
Significant
Significant
With
i ni icant
No Impact
.
Would the project:
Impact
Kti ation
Impact
a) Cause a substantial adverse change in the
significance of a historical resource, as defined in
[�
®
a
❑
§15064.5?
b Cause a substantial adverse c hange in the
significance of are archaeological resource, pursuant to
❑
0
El
a
§15064.5?
c) Disturb any human remains, including those interred
1:1
0
outside of formal cemeteries.
Discussion
a -c: The presence of isolated prehistoric cultural materials indicates the potential for significant impacts
to cultural - resources should more nt ct or substantial deposits be present within the project site.
Implementation of the following mitigation measure will reduce these impacts to a less than significant
level:
MM V -1: Any areas- where native (non-stockpiled) soil will be disturbed by construction
activities (grading, footings, utilities, etc) shall first be inspected by aM qualified archeologist to
determine if any cultural resources are present. If cultural resources are present, a phase two
archeological study shall be conducted by a qualified archeologist and further mitigation
measures identified and implemented.
References: 10, 11, 14,
vl. Geology - and Soils
E nvironmental Setting
In general, the project site' lopes to the south with an average elevation of approximately ninety ( )
feet above mean sea level. The south side of the site is generally ten (10) feet below the north side in
elevation. Near surface soils generally consist of silty sands to a depth of 4 -5 feet in a slightly moist to
moist state and in a loose to medium -dense condition.
Page 19 of 41
Agenda Item 9.b.
Page 49
I N ITIAL STUDY MITIGATED N E ATIVE DEL RATION July 2010 (Revised February 2011)
SPA 1001, TPM 10 -001, CUP 10-001 & CUP 10 -003
b -e: No impacts.
References:
V11. Greenhouse Gas Emissions
Environmental Setting
The project site is located adjacent to existing c rnmercial and residential development, along the City's
ruin commercial corridor (East Grand Avenue).
Discussion
a -b:. The proposed project will generate greenhouse gas (H) emissions, from both daily operation of
buildings and traffic generation.' While the California Air Resources Board ( AI B) has not yet developed
a statewide threshold, as directed under Senate Bill 97, the City has dete6nined that the California Ail -
Pollution Control Officers Association (CAPCOA) 2008 White Paper, which includes possible
methodologies and thresholds for project -level GHG emissions, provides the best and latest information
on establishing cumulative impact thresholds. This paper has determined that a conservative threshold
where a prvjec -'s impact may be considered `cumulatively considerable' is 900 metric tons or more of
GHG emissions per year. The following table provides a general .summary of project types and sites that
generate 900 metric tors of GHG emissions per year:
Project Type
Potentially
Less Than
Less Than
Apartments /condominiums
Significant
rgnrfcant
var h
Significant No Impact
Would the project:
Impact
.
MWigation
Impact
a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant effect on the
❑ ❑
environment:
b) Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of
❑ ❑
greenhouse gases
Discussion
a -b:. The proposed project will generate greenhouse gas (H) emissions, from both daily operation of
buildings and traffic generation.' While the California Air Resources Board ( AI B) has not yet developed
a statewide threshold, as directed under Senate Bill 97, the City has dete6nined that the California Ail -
Pollution Control Officers Association (CAPCOA) 2008 White Paper, which includes possible
methodologies and thresholds for project -level GHG emissions, provides the best and latest information
on establishing cumulative impact thresholds. This paper has determined that a conservative threshold
where a prvjec -'s impact may be considered `cumulatively considerable' is 900 metric tons or more of
GHG emissions per year. The following table provides a general .summary of project types and sites that
generate 900 metric tors of GHG emissions per year:
Project Type
Size that Generates 900 Metric Tons of GHG Emissions per Year
Single- family residential
50 units
Apartments /condominiums
70 units
General commercial or office space
3 5, 000 square -feet
Retail space
11,000 square -feet
Supermar et grocerystore
6,300 square -feet
Based on the above assumptions, the proposed project is estimated to generate approximately 7,070
metric tons of GHG emissions per year, or 42,303 pounds of GHG emissions per day. This is
approximately eight { } times the threshold of 900 metric tons per year that the Paper considers to be a
`cumulatively considerable' im pact. The Air Pollution Control Board (APCD) has established mitigation
measures to reduce project-level.GHG emissions. Implementation of the following mitigation measure
will reduce this impact to a less than significant level:
MM V11 -1: All construction plans shall reflect the following H :reducing measures where
applicable. Prior to issuance of building permits, the project sponsor shall submit impact
reduction calculations based on these measures to the AP CD for review and approval,
incorporating the following measures:
Page 21 of 41
Agenda Item 9.b.
Page 50
IN ITIAL ST UDY MITIGATED NE ATIVE DE L RATI0
S 10 -0 01, TPII 10-DO1, CLIP 14-001 & C 1 0-00
July 2010 (Reprised February 2011)
VIII Hazards and Hazardous Materials
Environmental Setting
There are no known hazards or hazardous materials associated with the project site.
Discussion
a, - h: No impacts.
b: The potential for naturally occurring asbestos (NOA) is addressed in Section III Air Quality.
References: 11, 1
Page 23 of 41
Agenda Item 9.b.
Page 51
Potentially Less Than Less Than
intficant
Significant
with Significant o Impact
with
Would the project:
Impact Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
E
disposal of hazardous materials?
b) Create a significant hazard to the public or "Che
environment through reasonably foreseeable upset
and/or accident conditions in olving the release of
[
hazardous materials, substances, or waste into the
environment
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, . substances, or waste
within one - quarter mile of an existing or proposed
school.
d) Be located on a site which is included on a list of
hazardous materials sites,. compiled pursuant to
Government Code §65962.5, and, as a result, create a
significant hazard to the public or enitronrnent
e) Be located within an airport land use plan or, where
such ar plan has nDt been adopted, within two miles of
a public airport or public use airport? If So., would the
El E:1 El E
project result in a safety hazard for people residing or
working its the project area?
f) Be located in the vicinity of a private airstrip? If so,
would the project result in a safety hazard for people
El E:
res *ding or working -in the project area?
Impair implementation of or physically interfere
with are adopted -emergency response plan or.
E E:1 E M
emergency evacuation plan?
b} Expose people or structures to a significant risk of
loss, injury, or death from wildland fires, including
1:1 Z
areas where wlldlands are adjacent to urbani ed areas
or where residences are intermixed with wildlands
Discussion
a, - h: No impacts.
b: The potential for naturally occurring asbestos (NOA) is addressed in Section III Air Quality.
References: 11, 1
Page 23 of 41
Agenda Item 9.b.
Page 51
INITIAL STUDY MITIGATED NEGATIVE DECLARATION July 2010 (Revised February 20 11)
SPA 10 -001, TPM 10 -001, CUP 10 -001 & CUP 10 -003
Discussion
-e: As part of the Berry Gardens Specific Plan (BGSP) area, the project site will direct all stormwater
runoff to the Poplar Ponding Basin, which is an infiltration basin located directly across South Courtland
Street from the project site. The basin was designed and built to accommodate the addition runoff
generated by development of the project site.
f: The Central Coast later Board requires. municipalities, Arta the Municipal General Storm later
Permit, to minimize negative impacts on aquatic ecosystems and degradation of water quality to the
maximum extent practicable. Permittees must implement Best Management Practices (BMPs) that
reduce pollutants in storm water runoff to the technology -based standard of Maximum Extent
Practicable (MEP) to protect water quality. The goals of post - construction best management practices
(BMPs) are to prevent and control erosion and sedimentation, provide source control of potential
pollutants, control and treat runoff, and protect wetlands and water quality resources. Post-
construction BMPs are required to achieve stormwater quality standards through site - planning
measures. Vegetative swales or other bi filters are recommended as the preferred choice for post -
construction B 11 Ps ,for all projects with suitable landscape areas, because these measures are relativel
economical and require limited maintenance. For projects where landscape based. treatment is
impracticable, or insufficient to meet required design - criteria, other post - construction BMPs should be
incorporated. All post - construction BMPs must be maintained to operate effectively. Implementation
of the BMPs listed below will reduce the potential impacts to' water quality to a less than significant
level:
t I M VII -1: The following BMPs shall be incorporated into the project:
Roof Downspout System. Direct roof drains to pervious areas to allow infiltration prior
to discharging to water bodies or the municipal s torm drain system.
Faun -off Control. Maintain post - development peals runoff rate and average volume - of
runoff at levels that are similar to pre - development levels.
Labeling and Maintenance of Storm Drain Facilities label new storm drain inlets with
No Du roping — Drains to Ocean" to alert the public to the destination of stormwater -
and to prevent direct discharge of pollutants into the storm drain.
Vehicle Equipment Cle aning ommerctial /industrial facilities or multi - family residential
developments of 50 units or greater should either provide a covered, bermed area for
washing activities or discourage vehicle /equipment ent gashing by removing hose bibs and
installing signs prohibiting such uses. Vehicle/equipment washing areas shall be paved
designed to prevent run -on or run off from the area, and plumbed to drain to the
sanitary severer.
Car Was hin . Commercial car wash facilities shall be designed and o perated such that
no runoff from the facility is discharged to the storm drain system. l astewaterfrom the
facility shall discharge to the sanitary sever or wastewater reclamation system.
Common Area Litter Control. Implement trash management and litter control for
commercial and industrial projects. or large -scale residential developments to prevent
liner and debris from being carried to water bodies or the storm drain system.
Page 25 of 41
Agenda Item 9.b.
Page 52
INITIAL STU DY MITIGATED N NATIVE -DE CLARATI ON
July 2010 (Reprised February 201-1)
SPA 10-001,1 TPM 10 -001, CUP 10-001 & CUP 10 -003
Significant,
X. Land Use and Planning
Significant N Impact
Environmental Setting
wrt
*
Miti
The project site is designated as Hi ed -U a Specific
Plan (MLJ- P) in the City's Land Use Element and
zoned Gateway Mined -Use Specific Plan ( 1 - P).
The proposed type and scale of development is
consistent with both the MU-SP land use category and M - P zoning district.
Potentially Less Than Less Than
Significant Significant
Significant N Impact
Would the project:
Impact Miti ati n impact
Impact
a) Physically divide an established community?
[J ❑ 1:1 IQ
b Conflict with the applicable land 'use plan, policy, or
regulation of any agency with jurisdiction over the
project (including, but not limited to, a general plan, 1:1 ❑
specific plan, local coastal program, -or zoning -
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat - conservation El
plan or natural mmrnunity conservation -plan
Discussion
a--c, No impacts.
References. 1 0,12,13
XI. Mineral Resources
Environmental Setting
The project site does not contain any Known mineral resources.
Would the project:
a) Result in the loss of avail ability_ - of a Known mineral
resource that is or would be of vaIute to the region and
the residents of the state?
b Result in the ions of 'availability of a locally
important - mineral resource recovery site delineated
on a local general plan, specific plan, or other land use
plan?
Discussion
a -b: No impacts.
References:
Potentially
Less Than
Less Than
Significant,
ti r ifti
cant
Significant N Impact
Impact
wrt
*
Miti
Impact
_
Page 27 of 41
Agenda Item 9.b.
Page 53
INITIAL STU D MITI ATED N E ATIVE DECLARATION July 2010 (Revised February 2011)
SPA 10-001,, TP i 1 10 -001 CUP 10 -001 & CUP 10 -003
exterior noise levels by thirty ( ) decibels, the cost of which shall be borne by the developer of
the store.
b & d: Construction of the proposed project will generate temporary groundborne vibrations and
increase ambient noise levels; however, the days and tires of construction activities shall be limited per
City standards, therefore, this temporary increase is not anticipated to exceed the its thresholds for
noise.
c: Operation of the proposed project will create a permanent increase in ambient noise levels; however,
this permanent increase is not anticipated to exceed the City's thresholds for noise.
e -f: No impacts.
References.- I, Z 10,, 1
X111. Population and Mousing
Environmental Setting
The project site is vacant and had been identified in the Citys Housing Element as an "opportunity site'
to provide 'additional housing to the City's housing stock.
Discussion
a: The proposed project is anticipated to house approximately ninety-four ( 4) persons. The proposed
density and anticipated population growth are consistent with the City's General Plan (Land Use and
Housing Elements).
b -c: No impacts.
References.- 10., 1, ,
XFV. Public Services
Environmental Setting
Public services to the project site are readily provided by the City of Arroyo Grande and the Lucia Afar
School District (LI I D).
Page 29 of 41
Agenda Item 9.b.
Page 54
Potentially
Less Than
sign ific ant
Less Than
ign ificant
nific
Significant
No impact
1 uld the project:
Impact
Mitigation
Impact
a) Induce substantial population growth in an area,
either directly (for example, by proposing new homes
and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b) Displace substantial numbers o f existing housing,
necessitating the construction of t- replacement housing
[:1
D
1:1
elsewhere
c) Displace substa ntial numbers of people,
necessitating the construction of replacement housing
❑
❑-
elsewhere
Discussion
a: The proposed project is anticipated to house approximately ninety-four ( 4) persons. The proposed
density and anticipated population growth are consistent with the City's General Plan (Land Use and
Housing Elements).
b -c: No impacts.
References.- 10., 1, ,
XFV. Public Services
Environmental Setting
Public services to the project site are readily provided by the City of Arroyo Grande and the Lucia Afar
School District (LI I D).
Page 29 of 41
Agenda Item 9.b.
Page 54
INITIAL STUDY MITIGATED NEGATIVE DECLARATION July 2010 (Revised February 2011)
SPA 10 -001, TPM 10 -001, CUP 10 -001 & CUP 10 -003
XV1. Transportation/Traffi
Environmental Setting
The project site is located at the southwest corner of East Grand Avenue and short Street, which is a
signalized intersection and approximately 250 feet from East Grand Avenue and Oak Park Boulevard,
which is also a signalized intersection..
Would the project:
a) Cause a substantial increase in traffic, in relation t o
existing traffic and the capacity o the street system
(i.e., a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections
b) Exceed, individually or cumulatively, the level of
service standards established by the county congestion
management a for des roads or
highways?
c) Cause a change in air traffic patterns, including
either an increase in traffic levels or a change in
location, that results in substantial safety risks?
d) Contain a design feature ( sharp curves or a
dangerous intersection) or incompatible uses (
farm equipment) that would substantially increase
hazards?
Result in inadequate emergency access?
f R in inadequate parking capacity?
g) Conflict with adopted policies, plans, or programs
.supporting alternative transportation (.g., bus
turnouts, bicycle racks)
Potentially
Less Than
Less Than
Significant
Significant
.
significant
No Impact
nrith
Impact
Mitigation
_ Impact
❑
1:1
❑
❑
❑
El
❑
❑
❑
Discussion
a -b: The traffic study prepared by Grosz Engineering Group, Inc., eva the operation of twelve
intersections in the vicinity of the project. Existing Al and P1 peak -hour traffic volumes were collected
by OEG specifica for this study. The e xisting AM and PM peak -hour intersection levels o service and
delays currently operate within acceptable limits (LOS C or better). The' analysis includes signalized
intersections in the City of Grover Beach.
The City utilizes the trip generation rate data presented in the San Diego Association of Governments
(AIDA) publication on Trip Generation. Applying the SANDAG trip generation rates to the project
land uses, the project is anticipated to g enerate a total of 6,429 Average Daily Trips (ADT with 303 trips
occurring during the AM and 620 trips ccurring�during the PM peak - Fours.
To evaluate the potential project impacts, the project traffic volumes were distributed to the study area
intersections and the intersection levels o service were recalculated. Based on this analysis,. the traffic
study showed that the addition o project traffic did not significantly charge the existing intersection
Page 31 of 41
Agenda Item 9.b.
Page 55
INITIAL STU DY MITIGATED IN EGATIVE DE L i ATI ON July 2010 (Revised February 20111
SPA 10 -001, TPM 10 -001, CLIP 10-001 & CUP 10 -003
MM VI .1: The East Grand A venue median located b Courtland Street and Elm Street
shall be reconstructed to accommodate an adequate length left -turn pocket (East Grand Avenue
to South Courtland Street ) In accordance with the final queuing analysis p rior to ration of
agy commercial use on Subarea 3.
e -: No impacts.
XVII. Utilities and Service Systems
Environmental Setting
The project site is located within the incorporated City Limits o f Arroyo Grande. Utilities will be served
by both the City and other regional entities.
I
Page 33 of 41
Agenda Item 9.b.
Page 56
Potentially
Less Than
Significant
Less Th an
Sign ificant
with
Significant
No Impact
Wou the project:
I rx�pact
I��9rtigation
Impact
a ) Excee was treatment restrictions o
standards of the applicable Regional Water Quality
❑
❑
z
❑
Control Boa
b Require or result in the construction of new water
or wastewater treatment facilities or expansion of
❑
❑
z
❑
existing facilities
Mould the construction of these facilities cause
El
El
z
significant environmental effects?
c Require or result in th construction of new storm
w ater drainage facilities or expansion of exist
❑
❑
z
❑
faclIities.
d Have su ffi cient water s upplies ava t serve the
proj f rom exist entitlements and resources or
❑
❑
�
❑
are new or expanded entitlements needed?
e Result in a determination, by the wastewater
treatment provider th at serves or may serve the
project, that it h as ad equate capacity to service the
❑
[]
project's anticipated demand, in addition to the
provider's existing commitment
f} Be served by a landfill with sufficient permitted
capacity to accommodate the project's sol waste
❑
❑
❑
disposal needs?
) Comply with federal, state, and focal statutes and
regulations as they relate to solid waste.
Discussion
a -b & e: Wastewater generated by the proposed project will be treated by the South County Sanitation
District. which has adequate capacity to accommodate the
increase.
Page 33 of 41
Agenda Item 9.b.
Page 56
INITIAL STUDY MITIGATED NEGATIVE DECLARATION July 2010 (Revised February 2011)
SPA 10 -001, TP 11 10 -001, CUP 10 -001 & CUP 10 -003
Mandatory Findings of Significance
Discussion
a: Although undeveloped, the project site does not contain any significant flora or fauna, and because it
is surrounded by urban development, the site does not have any potential to serve as a wildlife corridor.
Isolated prehistoric materials may be present on the project site; however, the site does not serve as an
example of a major period of California history or prehistory.
b: There are no short -term environmental goals, either in the project description or the identified
Mitigation measures, that will be ac hieved to the disadvantage of lo ng -term environmental goals.
c: The proposed project is consistent with the City's General Plan as it relates to future growth, both in
general terms and specifically as it relates to ' the project site. While the proposed project will
cumulatively increase traffic and de - viand for public services and utilities, with implementation of the
proposed mitigation measures, it not result in any cumulatively considerable environmental
impacts.
d: With implernentati n of the proposed mitigation measures, the proposed project will not cause
substantia I adverse effects on human beings, either directly or indirectly.
Page 35 of 41
Agenda Item 9.b.
Page 57
Potentially Less Than Less Than
significant
Significant significant No Impact
with
Would the project:
Impact impact
Mitigation
a) Substantially degrade the duality of the
environment, sub tan reduce the habitat of a fish
o r wildlife species; cause a fish or wildlife population
to drop below self - sustaining levels; threaten t
eliminate a plant or animal community; substantially
❑ ® ❑
reduce the number or restrict the range of an
en rare or threatened species; or eliminate
examples of the major periods of California history or
prehistory?
b) Have the potential to achieve short - terra
environmental goals to the disadvantage of Ion- terra
El ❑ El M
environmental goals?
c) Have possible environmental effects that are
individually limite but cumula considerable?
"Cumulatively considerable" means that the
incremental effects of an individual project are
❑ ® El ❑
significant when viewed in connection with the effects
o f past projects, the effects of other current projects,
and the effects o possibl future projects.
d) Cause substantial adverse effects on human beings,
e�tler directly o r indirectl?
Discussion
a: Although undeveloped, the project site does not contain any significant flora or fauna, and because it
is surrounded by urban development, the site does not have any potential to serve as a wildlife corridor.
Isolated prehistoric materials may be present on the project site; however, the site does not serve as an
example of a major period of California history or prehistory.
b: There are no short -term environmental goals, either in the project description or the identified
Mitigation measures, that will be ac hieved to the disadvantage of lo ng -term environmental goals.
c: The proposed project is consistent with the City's General Plan as it relates to future growth, both in
general terms and specifically as it relates to ' the project site. While the proposed project will
cumulatively increase traffic and de - viand for public services and utilities, with implementation of the
proposed mitigation measures, it not result in any cumulatively considerable environmental
impacts.
d: With implernentati n of the proposed mitigation measures, the proposed project will not cause
substantia I adverse effects on human beings, either directly or indirectly.
Page 35 of 41
Agenda Item 9.b.
Page 57
INITIAL STUDY MlT1 ATED NEGATIVE DECLARATION July 2010 (Revised February 2011)
SPA 10 -001, TPIVI 10 -001, CUP 1G-001 & CUP 10-003
area that will be disturbed. If NA is not present, an exemption request must be filed with the
APCD. If N A is found at the site, the applicant must comply with all requirements outlined in
the Air Resource Board (A1 B) Air Toxics Control Measure (ATCM) for Construction, Grading,
Quarrying and Sur Mining Operations.
MM 111 - : All portable equipment (50 horsepower or greater) used during construction must be
issued a permit by either the CA B or the APCD.
M 111 -4: Should hydrocarbon-contaminated soil be encountered during construction activities,
the APCD shall be notified within forty-eight (8 ) hours o f such contaminated soil being
discovered to determine if an APCD permit is required. In addition, the following measures shall
be implemented immediately after contaminated soil is discovered:
Covers on storage piles shall be maintained in place at all tunes in areas not actively
involved in soil addition or removal.
• Contaminated soil shall be covered with at least six 6) inches of packed,
uncontaminated soil or other T1H — ran- permeable barrier such as plastic tarp. No
head pace shall be allowed where vapors could accumulate.
Covered piles -halt be designed in such a way as to eliminate erosion due to wind or
water, No openings in the corers are permitted.
During soil excavation, odors shall not be evident to such a degree as to cause a public
nuisance.
Clean soil must be segregated from contaminated soil.
M 111- 5: Operation of any commercial building with a loading area shall include the
establishment Of a . `no idle' zone for diesel - powered delivery vehicles. Vehicle idling shall be
minimized to the maximum extent feasible using the following techniques:
Each delivery vehicle's engine shall be Shut off immediately. after arrival in the loading
dock or load in area, unless the vehicle is actively maneuvering.
The scheduling of deliveries shall be staggered to the maximum extent feasible.
Vehicle operators shall be made aware of the 'rno idle' zone, including notification by
letter to all delivery companies.
• Prominently lettered signs shall be posted .in the receiving dock area to remind drivers
to shut off their engines.
Diesel idling within 1,000 feet of sensitive receptors is not permuted,
Use of alternative -f uei a vehicles is recommended whenever possible.
Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors.
MM 11 -1: Any areas where native (non-stockpiled) soil will be disturbed, by construction
activities (grading, footings, utilities, etc) shall first be inspected by a qualified archeologist to
determine if any cultural resources are present. If cultural resources are present, a phase two
archeological study shall be conducted by a qualified archeologist and further mitigation
measures identified and implemented.
MM 111 -1; The project proponent shall submit a revised ge technlcai study or addendum to the
original study that either states than all conclusions and recommendations in the original report
Page 37 of 41
Agenda Item 9.b.
Page 58
INITIAL STUD'S MITIGATED NEGATIVE DECLAMATION July 2010 (Revised February 2011)
SPA 10 -001,. TP 1 10 -001, CUP 10-001 & CUP 10 -003
season maximum demand. One bile rack space per 10 vehicle /employee space is
recommended.
Require the installation of electrical hookups at loading docks and the connection of
trucks equipped with electrical hookups to eliminate the need to operate diesel -
powered TL1s at the loading dock.
• Provide storage space in garage for bicycle and bicycle trailers, or covered racks
lockers to service the residential units.
MM V11-1: The following BMPs shall be incorporated into the project:
Roof Downspout System. Direct roof drains to pervious areas to allow infiltration prior
to discharging to water bodies or the municipal storm drain system.
•
Run-off Cont M post-development peak runoff ra te and average vo lume of
runoff at levels that are similar to pre - development levels.
• Labeling and Maintenance of Storm Drain Facilities Label new storm drain inlets with
"No Dumpling — Drains to Ocean" to alert the public to the destination of strmwater
and to prevent direct discharge of pollutants into the storm drain.
• Vehicle E ui ment Cleaning. Commercial industrial facilities or [multi - family residential
devel prnents of 50 units or greater should either provide a covered, berm d area for
washing activities or discourage vehicle /equipment washing by removing hose bibs and
installing signs prohibiting such uses. - Vehicle equipment washing areas shall be pared
designed to prevent run -on or run off from the area, and plumbed to drain to the
sanitary sewer.
Car W asF in . Commercial car wash facilities shall be designed and operated such that
no runoff from the facility is discharged to the storm drain system. Wastewater from the
facility shall discharge to the sanitary severer or wastewater reclamation system.
Common Area Litter Control. Implement trash management and litter control for
commercial and industrial projects or large -scale residential developments to prevent
litter and debris from being carried to water bodies or the storm drain system.
Food Service Facilities. Design food service facilities (including restaurants and grocery
stares) to have a sink or other area for leo iii 1g iic, r rmats, containers,, and equipments
that is connected to a grease interceptor prior to discharging to the sanitary sewer
system. The cleaning area should be large enough to clean the largest mat or piece of
equipment to be cleaned.
Defuse Areas. Trash compactors, enclosures and durnpster areas should be covered and
protected from roof and surface drainage. Install a self- contained drainage system than
discharges to the sanitary sewer if water cannot be diverted from the areas.
4W Outdoor Storage Controls. Oils, fuels, solvents, coolants, and other chemicals stored
outdoors must be in containers and protected from drainage by secondary containment
Page 39 of 41
Agenda Item 9.b.
Page 59
INITIAL STU DY MITI ATED NE DATIVE DE LARATION July 2010 (Reprised February 2011)
SPA 10 -001., TPM 10 -001 CUP 10 -001 & CUP 10-003
References
Documents & Maps
1. Arroyo Grande General Plan
2 Arroyo Grande Municipal Code
B. Arroyo Grande Zoning Map
4. Arroyo Grande Existing Settings Report & Dratt Arroyo Grande Existing Settings Report {2010}
S. Arroyo Grande Urban Water Management Plan
6. Arroyo Grande Stormwater Management Plan
7. Sari Luis Obispo Important Farmland Map (California Department of Conservation., 2006)
8. CEQA & Climate Change White Paper (APA, 2008)
9. Air Quality Handbook (SLO AP D, 2009)
1. Project Plans
11. Site Inspection
12. benign Guidelines tor- Mixed -lase Districts
13. East Grand Avenue Enhancement Plan
14. Final Bern Gardens Specific Plan — Tract 2260 Environmental Im act Report (FII MA, 1998}
1S. Geotechnical Investigation ( S1 Soils, 2006)
1. Acoustic Report (David Dubbink Associates, 2010)
17. Phase I Environmental Site Assessment Report {Buena Resources, Inc., 2007}
18. Transportation Impact Study (Grosz Engineering Group, Inc., 2009)
19. Diesel P M Scre nIng HeaIth - Fisk Assessment (Marine Research S ecialist , 20 10)
20. Traffic Study Peer - Review (Omni-Means,, 2011)
21, Traffic Queuing Analysis (Omni- Means, 2011)
Consultations
A. I as on Gillespie, San Luis Obispo Re onaI Transit Auth oirilty (S LO I TA)
B. Fred Collins, Northern Chumash Tribal Council
C. Aeron Arlin - Genet,' Sari Luis Obispo Air P lIutlon Control Board (SLO AP D)
D. Gary Ar'cont, Sari Luis Obispo Air Pollution Control Board (SLO APD)
E. Marty Inouye, Omni- Means, LTD.
Page 41 of
Agenda Item 9.b.
Page 60
ATTACHMENT 1
PUBLIC COMMENT F ECEI E SINCE 02/08/2011
Agenda Item 9.b.
Page 61
I
1, ► � � � ..� _
January , 2011
City Council
City of Arroyo Grande
214 E. Branch Street
Arroyo Grande, C 93420
F 'E D 11%1 ;. "S 3
RE: Courtland Plaza, City Application 10 -001 Berry Gardens Specific Plan
Admendment, Tentative Map, and Conditional Use Permit.
Dear Council mernbers,
I am N in favor of the Courtland plaza project as presented for the following reasons:
(Z Intense grocery market et use which creates additional traffic through our
ne ighborhood
[Z Trucks anticipated to stage and give through our neigh borhood
10 S of pedestrians t crosswalk and pedestrian the with proposed semi-
� p 1 F p F
truck
ED Lack o f re uired en space plaza a defined b the G l site development
F p P
standard table 1 6-36.020 ( E and illustrated by exhibit 13 of page 22 of East Grand
Avenue Enhancement Plan
T) Lack of p lanned detention structures for storm water resulting i n increased
flooding
CZ Primary enhance off Courtland
CD Not keeping with the current Land U se Policies, General Plan, Noise Element
specific requirements for Gateway Mixed Use development, cohesiveness to the East
Grand Avenue Enhancement Plan, and Economic Development Element, U5 -1, 2 j , L U5-6 L U7 - N3, ED- I v E - L1, Section 1 6 15 .050 A G Mun kipal Code)
I urge council to have the project re- designed to insure m concerns have been met along
with making sure that a thoughtful, well designed project for our c onrimunity is in keepin
with our city's current adopted policies.
Sincerely, �
Eth Andrew a IN.1 Tj& f3 ,#
.El S#,Ap. �
Arrop Grande, C A 93420-3
To: Arroyo Gnmde City Council
From : Barbara White, Berry Gardens resident
Date: Febn ry 10, 2011
Subject. February 8 th City Council Meeting
FE3
2: " rw
..
I thought Mayor Pro Teen Carey Ray did a wonderful job under the circumswnces. She
was patient, courteous, and determined that everyone that wanted to speak on the subject
of the Courtland Pl proposal had that opportunity.
When we atrived the only seating available was in the front row, close the staff table. It
gave me an up close observance of staff and their responses to Councilman Brown's
questions on proposal fees and other questions and concerns.. It is obvious that they have
spent many hours working on this project. It is their job to make sure any proposal meets
the guidelines established by the city of Arroyo Grande. I'm sure they would like to see
the project succewfuUy completed# As residents of the city, we would like to see a
successful project as well.
We as a neighborhood were slow to come to the table for discussions,. I for one have
admired the many successful projects the city done. Architectural design and site
developments have been wonderful. So I guess I tusW that any commercial
development at Grand and Courtland would be equally as wonder. We have all
learned that we should have been paying better attention.
We are not adversaries. All of us want good things for Arroyo Grande. We are proud to
say we lure in Arroyo Grande. We are concerned and hope that council and staff are as
equally concerned about this proposal because once it is built we are going to have to live
with it for a long time.
I Dope that staff ds not find our specific concerns troublesome. They are trying to meet
the needs of the developer, People's Self Help Dousing, and our neighborhood. People's
Self Delp Dousing a time line for their funding. The conunity needs that type of
dousing to meet California state criteria. So this is a push for expediency.
The developer wants to build on his land and sooner is better than later, particularly if he
bas a proposed tenant for his anchor building. Icy neighbors and I have only just
recently seen the site plan and been told that it would be suitable for a market. If we must
build a market could the building be better placed on site to alleviate some of the traffic
problems? Is it back to the drawing board? I know the council does not determine the
nature of proposed corian iercial buildings, only that they meet A guidelines.
'kill 4,#1
f
Pa 63
It is any feeling that perhaps staff' is predisposed to with their approval ...regardless.
This is not a good feeling to have. We have tie to make sure all guidelines are met, #hat
the city does not build a tmffic nightmare, and the project spcaks of the quality we have
come to expect from out council and stuff.
These are ju niy thoughts on the subject.
. ,w�
Agenda Item 9.b.
Page 64
. • 11v laAK
FebruarylY, 2011
City Counc
City of Arroyo Grande
2 14 E . Branch Street
Arroyo Grande, CA 93420
I F E 3
ICE: Courtland Plaza, City Application 1"01 Peary Gardens Specific Plan
A dm ndm nt, Tentative Map, , an Conditional Use Permit.
Dear CouncH Members,
I am NOT in favor of the Courtland Plaza project as presented for the following reasons:
It will create traffic congestion through our residential area and reduce the value of home
properties and in turn, property taxes will decline with values. I oppose low-income housing
near Berry gardens. Jasmine Place already has 13 low- moderate homes out of 47 homes.
Are additional grocery market will create additional traffic through our neighborhood
Trucks will drive through our neighborhood as they already do now
Safety of pedestrians at crosswalks and pedestrian paths with proposed semi - trucks will
change our neighborhood into an unfriendly and unsafe neighborhood
Lack of required open space playa as defined by the GW site development standard
table 16.36,020 (E) and illustrated by exhibit 13 of page 22 of East grand Avenue
Enhancement Plan
Lack of p lanned detention structures for storm water resulting in increased floodin
Primary entrance of S.� Cortland should be strictly for pedestrians, not vehicles.
Not keeping with the current Land Use Policies, General Plan, Noise dement, specific
requirements for Gateway Mixed Use development, cohesiveness to the East Grand
Avenue Enhancement Plan., and Economic Development Element. U5- 1, L U5-2, , U5-
60 L U7 - 1v 3 ED- I ED 2- L 1, Section . 0 50 A G Municipal Code
I urge council to have the project re- designed to insure my concerns have been met along with
making sure that a thoughtful, well designed project for our community is in keeping with our
city's current adopted policies.
Sincerely,
il ai
Af
] i
CA4Ao
Agenda Item 9.b.
Page 65
Rv n Fbater
From: Teresa llClih
Sent: Wedne da March 02 2011 :00 }�
To: - I Wetmore; Ryan Foster
Subject: F osed Berry Gardens developm
6n
Teresa Mc Cbsh, AICP
Director of Community Del
City o f Arroyo Grande
P.O. Box 550
214 E. Branch t - oe
Arr r-a I ;ACA 1 420
1
(8 473-54489
Ca
sh earr ov, d.r
Tony Ferrara
Sent: Tue rh 01, 2011 : o PM
To: Steve Adams; :T Iih
Subject: F1I: prosed Berry development
Steve 1 Teresa,
For distribution.
Thanks
Tony
From: MaryAnn Lopez
Sent: s 2/27/2011 12:59 P!
To: Tony Ferrara
Subject: proposed Berry Gardens development
Mayor Ferrara,
1y name is Mary nn Lopez and I'm a Homeowner in Jasmine Place. My home is rear Berry Gardens
where there is a proposed ne w development of lover income homes and grocery store. I hope you will
consider the drawbacks of doing it,
1. It will cost Arroyo Grande residents money as the developer is not responsible for traffic issues
near the development.
2 . It will lower the property values and decrease property taxes because of traffic and noise of semi-
tru
. It will make our neighborhoods unsafe for children and dog owners to walk with increase in
traffic. For example, my daughters walk on S. Courtland to cross Grande Ave. to get to yogurt
Creations. I would not alloy it anymore because its unsafe due to traffic.
4 . The Soto Complex is right across the street from my house. There is a lot of traffic when there
are sports games going ors. There are cars that park in Jasmine Place, in our private guest parking,
Agenda Item 9.b.
Page 66
because there is no where to park in the Soto Complex lot. Add in new traffic from the proposed
new developement and it will be caos with trucks speeding through our residental neighborhood
raising chances for pedistrian accidents,,
5. We Do NOT need ANOTHER grocery store w hen there are already : Vons,, Spencers, and Cookie
Crock within a rile. Why not put in a store that is mostly needed by residents ho decided that A
needed a nother grocery store in THAT location?
6. We will have future problems if not properly planned, ruining our neighborhood.
These are just a few reasons I wanted to share. I feel that ray neighborhood is better left untouched
until a better solution is created for traffic issues. Thank you for listening and sha ring this
information with City Council members.
Have a nice day,
MaryAnn Lopez
AG Resident of 41 years
2
Agenda Item 9.b.
Page 67
03/03/2011 10:12 80592723 R USSELLREAD
1
N
t
'x t
R USSE L.-L {
Attorne Medigtorp.,& Counselor. -f
PO BOX l
., am ria, CA 93428
1 e DI Y ,
Tel FAX: ( 927 -2344
rscott
D at e d:
Name.
Address
Ike;
Please make as appointment ;
F Please telephone. I have been u nable to contact you.
PA 01/6
WE AAE 3 D HEFMWI xH
PAGES INCLUSIVE OF THIS Phi
IF IU S ARE NOT REa X ED,
PLEASE CALL ( 805) 927 - 2344.
Ths irrvrr„ arm over i" ois tu mnug. La Oft4dod ror Ift
"wit am coftw*" MW or am dCA mown"
a M"& TMs memp mft t!v an vim commmkofion and
ai suM I% &%4mW .W m4damal. It me ft-+aw or Wk mk s is
not ow Awraw re &# or on QQWK MPMMAM For 00"d"p a la ft
imvwod ftovwm you ors hmpy nWed 0w yft h m t
dia4u w1m* in end Irm wv mm*w, dWswnk=niw% wwmakm. or
OCTJIrIWf11 5W M am. *WW nv* to rl4ltl OY by (1 9 PRd
r9WM ft OMNWI nano W WS by rr t lh*nk,rcm.
Please sign where indicated and ro u wn to rne.
In accordance ith your request.
Please file on i al , onfol op is , and return in enclosed
stamped envelope.
1
For y our -For `oana7 tlon, . � For your �e 'Lc +l. 't
Please contest axe i you havo any questions*
c heck in the am ount of S is enclo
Enclosed }Tease fi:
nuzs��.[
GC: /
Other:
F
Very Truly Yours, �
` r
Agenda Item 9.b.
Page 68
03 113: 1 6057272344 RUSSELLREA
Cookie frock Wauretouse
Alpme Col n.
��y Enterprises, Inc. 1221 E. Grans Ave.
Arroyo Grande. CA 93420
Tel: (805) 927 -1302
FAX: (805) 927 -1629
PAGE 0
1 Facsimile Transmission
Ms. Teresa McClis
Arroyo Grande C ommuni ty Development Director
Arroyo Grande, CA
Re Staff Reports r .- City C ouncil 'Mceting of F rui ar , 2.011;
Agenda Items 9C, 9D and --.
Consideration of Specific PL mr i ndment; Tentative Parcel Map; and Conditional Use
Permit; Southwest Corner of East Grand Ave: and South Courtland St; NKT Applican
And related draft Mitigated Negative Declaration (MD); CUP with respect to PSSH
Project
Dear Ms. M Clish:
I submit two I esters i n opposition to the r 7 - oject wbich I ask be rrrade a part of the record. one l mr
deals Sri fac that the ] ]` T projz ct i not a 64 mi ed -use" and the otter m Mr. Hopwood deals
i a sat ion issue.
er Truly ours,
in Colony Enterprises, Inc.
+
B y RUSSELL S. READ
Its G en eral Counci l
Agenda Item 9.b.
Page 69
/03, 1 2eii 100.12 6059272344 RUS ELLREAD PAGE 03/09
HO PWOOD ASSOCIATES
"Store plann
I ng
A Design"
044 Raivl D rive
FLT', ?�V 89408
TeMkxv. 775 - 6 36 - 774 2
hoiuwoodsssociate,i(, b lc)bsi . t
1
Febary 28 2011
Mr. D • Clegg
Charter Cookie Crock Markets
1 240 Kaollwood D r.
am a. CA 9'.3428
Dear Mr. Clegg:
R ea. Proposed Dev elopment, .. 612{: 1 E aA Grand A venue, Arroyo G rande, CA,
With m and to your recent request for c m m 1 ents on the advisability f adding another sup � et
at th e above location, have reviewed the correspondence from the Cit and the E SIRJ Analysis
and my comme are detailed. below. However, I must first rake 1t c) ear that I am not a Keal
Estate Analyst, but, with ov forty yea -s :� �� enen A in the pi in and design of Sup ukets in
the USA. Unitcd Kingdom, the pacific Fd , Me�.co, Central America amd the I fiddle fit, any
comments and or opinions made are derived from exten experien i n thi s pecialized fi e ld.
In addition, I am familiar with the retail food mace - of the Central California Coast, and for a
number of years coe out store p1 m' a an d consulting servi for Char C ookie 1 C rock. Spencer' J J I s Market, E Ranch , xnd. N sen" in Sol % mn , Swia 's, Wilhaxns B ros and
Lucky Stores, Inc.
For a } tec cal advice o the Analysis subr�nitt d to the City, I recommend that you contact
Gary Hanunett, Esq. Vice Pre sident of Real Estate for Unified Western Grocers, a leaden*
authority on Independent Supermarket R e al Estate in the W stem LT ted Stat s-
Meamwhile, my comments orn the matter Grp- as follows:
1 There can be no doubt that the Cite of ArT yc Grande is presently well provided %Ith retail
food estahli hmmts, ranging froin supermarkets, warehouse sto res, drug sto res,, co nve nien ce
s tores,, delicatessens, li quor stores gas station food outlets, etc.
( 2) An additional supra rket at thy` Fast Grand Ayenue & - I location will undoubtedly have
very ne gative effect t on the existing stores i the.��t :� �an� es a ab
u ly those In relatively close
pro luty such as. ... Cookie Croak and Sp r .
A further sup - ark et wH1 me thk will b e twee 3 ) mar ets within three 3 blocks. Ln
addition, there are three drag stores in the general area and approximately tent (1
supermarl etz witbin fte miles.
This would indicate that the tiding area is already 45 overstore
Agenda Item 9.b.
Page 70
0 10:12 0 9 RUSSELLREAD PAGE 0
( 3) ar genera lo_ ated in r"as of expanding pop ulation, where the future
construction of new homes �s an �� "pated. The pres ent condition of the Califo economy has
resulted in the development ofnev�* homes and commercial projects being drastically retarded.
And no realistic recovery is sight. Tberefo ire,• projections "tit support the addition of anew
supermarket should take this into consideration. Projections of future growth (however skilfully
prepared) are in the end...opinions not acts, and as the existing trading area does not sufficiently
indicate the ree for establisf� n anew �upermar et, it could be reckless to risk the futur of
established retailer's bas d upon a hypothadcel premise.
(4) Should the proposal be pursued, it would create a classic retail case of "slicM' g the e xisting
pie" resulting in loss of revenue and jobs for the existing reWlers and make it very difficult for a
new r supermarket to build suffici vo lume to warrant the investment.
(5) It must be pointed out., that in the case of Cookie Crock and Spencer's, their stores were
acquired f rom large chain perato� who o I on er wanted to trade in Arroyo Grande. Thus, the
Clegg and Spencer families s � risk prei ente l the stor from being "shuttere ` an sacr
jobs and revenue for the Cite. These independent supermarket operators are based in the County
and. have served its communities for mx ny y ears. i�' Cookie Crock Markets are the longest
continuou l� operating independent sup�arket group o the Central Coast.
(6) In c .. to build a v superr►ret a this tim be`ore " "p ro jected' new homes are
buUt together with the uncertain econemic fixture, will only sere to lam the existing
supennarl et o perato rs by diluting th I'T hard fought for sales and jobs. Especially in these troubled
economic times.
•
S upermarket locations are not selected iAith a "build ft and they vd1l come" approach and never
merely to boost general Revenues for the City, however ne es ar .
I trust these comments vAll be o f se rvice _t y ou in y our attempt to resist thefurther dilution of the
food re "
tali, market in rr`a made, ,. "
Yours sincerely,
5
K Hopwood
• Y
Agenda Item 9.b.
Page 71
0/ 0 e11 10:1
8059272
R USSELLREAD
Cbokie Crock-:' ' Warehouse
Alpine Colony.,E nterprises
7" 1 221 E Grand Ave.
Arroyo Grande, CA 93420
T Z: 7 - 1302
FA X : (805) 927 -1629
31-)1201 l
( By Facsimile Transmission
Arroyo Grande City Council
Ms. Teresa McClish
Arroyo Grande Community Development Director
Arroyo Grande, CA
fi
WHY THE COURTLANDT IS NOT A MIXED USE,
Staff Reports re; City C ou kp -i Meetly +
.' o Mar h . 2011
C onsideration Specific Plan Amendment; Tentative Parcei Map; and Conditional LJ e
Perin it; Southwest Corner of East Grand Ave. and South C ourfland St.; NKT Applicant
And related draft Mitigated 1e a�i a Declaration (MN ; GLOP with r espect to PS FI
Prof et
a
PAGE 05/08
Dear Co cilpersons:
Beatrice Spencer h.as discovered another source — a pro -develop m ent one — which provides
additional pr that the Command Plate development is not a mixed use ti- project. The
NKT proj 's no more a mixed -u� 'than any shopping center. NKT's attempt to tack -on the
housing project does not make its pr ject a m.i cL-use. To' approve this pmjcct would b e
contrary to the General plan.
F w N + • '1
This authority is the National Association of Indu' steal and Office Properties and the entire report
can be fund at http: lw .n i . r oundation r i n l i:pd .
A. Courtland Pl aza is not a " ' mix d use, NA10P denribes a, "mixed -uf " Dro A ect and
contr ast% it with a If multl - use" p re
A. mixe d-use development is a real estate prof eet with planned Intagra on of so combination
of retail, ofce, residcntial f hotel, recreation or other fanctions. It is pedestrian oriented and
contains e lements of live-work-play c ironrnetat. It Max =zes spa= usage, has amenities and
1
architectural expression and tends to mitigate t�affl .and sprawl. This defmition was presented
a recent conference on the tops sp x� oared b four' "'' fessicnW organizations in the real estate
in -- I SG, N AI P, NM G . �A.1 4 ,'
This definition of a mixed -use develop cone .fit to a rnuAti .-use development that ha, two oar -'.i
more land uses on a single site but doe not have the degree of proj t planning and integration
posited for a nixed -use development. In fact, integration of the uses may be totally lacking. The
live-w element is not present and the,project is not pedestda n oriented. A classic
Agenda Item 9.b.
Page 72
03/0 10:12 8059272344 EUSSELLEE PAGE 06/0
example of a multi -use project is a' single site d eg* l o ped with are unanchored strip center next t
a small office building for tenant&` uch as ins x r nce agents, dentists., d oc tors, etc.
A
B. The, Courtland Ply Droiect LaLlsto meet any deserb #ion for a ed - use
develop �
e mixed -use project can take four g tz ral forms.
• First, it can be a inOle high -ri � structu on a single site that contains two or more uses
integrated into the structure. Typica this form of the mixed-u development r etail
on the street level with offices over the retail and c ither residential units or Motel space
over the office space. {
- S econ d ; it can be two or more high -ris Mures on a sin site with eac stm ctur
holding a different use_ The - .of e buildia -Ye denti l tower eondomim"U M oNNmership
and a hotel are the typical C'ombin'afion. Retail, but - different f onn5 of it, can also exist on
the ground levels of each ue. ;
Third, the mixed -use dev lopment can be a com bination o different low rise structures on a sin le site with retail on the ground level with residential units above in one
s and office space above in another structure.
Fo urth, it can . be a single d #r s; �Wn on a s .gle site typically ice. an urban settin
with retail on the ground and residzmdal or office a bo ve. T epeaPGON on the deve loper's
insights and o pportunities, each of the four forms of mixed -use developments in the
previous paragraph can be b I r in an urban or a suburban setting, and it can be
considered an infill project or an ex pansion p ro ject.
E ach use rust be mutually suppoxt� e, and ther'need to a chicve synergy among themselves. I
this synergy is achic ec . i t increases bothshe investm=f v alue and them rket value of the
r Ject. Bow is synergy chieved �n a edtu _ dey lop Ment -? The following lanation
appear in the literature..
• Each use is a ble to ge n erate revenue from the o ther uses on the site. occupants of to
residential and o ffice iises shop at the on -site retail faciliTies. Office and retail space users
live in the residential units.
* 'Each use is an amenity for r the oti4er uses. Office usm need restaurants and Motels in
close proximity to a tenants. Hotels benefit from visitors to the office space.
• The combination of u s e s provi a place f s to meet exi sti n g, unfulfiDed
demand in the geographic rn jrk t area. Moreover, it could be a cyst to redevelop a
blighted area which creases the fat= level of demand. It could be a "town .enter" for
a suburban community whiO w consumers from further distances. It could be a
starting point for additio 4pvelopm r ' t ' d nil s. �e�ner�.ng a .aintai.ng str
iinkages to other land users terria l to the,_ m od=us ' de e lo - .neat are also limn ort t
.market factors. The ors -site T estaur nt also need to potential customers (residential
users and office space users) II'VM or working M' close proximity to the proiect. Retail
establishments should also be able to do the s=e.
Agenda Item 9.b.
Page 73
03 10.1 80592 RLl L REA PAGE 07/08
Competition with e xternal proje 3 re ds to - bEl Considered. F or example, building retail space
near a highly successful super- rcgidnal mall SU iToundod bar power nt r , co mmunity ce
y
and a lifestyle center a lead to Ed� p g• retail a vacant y when the o and residential
components are successful. S i arly, building hotel space on th e same site could be a problem if
the existing econox c node has excess hotel space. .
Physical site factors sui table f or a bon m -use development o a single parc of land
containing residential, retail and office in lu:dc the Hloviing statements extracted from the
l iterature.
` Appropriate site size and shape to hold all the elements of the development.
Easy acce onto, and e gress from the site and its parking area.
* Access to modes of taransp' rtation ether than automobile. .
Convenient and attractive - � d trian gtiW on among the uses.
Easy access and connecti,ijty to- Oi acent a - proxbnat land' x ers.
• High visibility of the Pro, but "not necessarily of all the component uses also highly
visible and attractive street `fir monum sinage.
A ttracti v e visual orz - itation intcrn to the project, ac eti a streets ape .
Proper topography, flat acreage for the retail is preferred. Stmaures not directly linked
to the retail cam be o elated Vaund.
a A ttractive landscape and street • -iF c.
a Easily readable and clear internal signage for b oth drivers and pede
• Ve hicle circul that is unobtrusive f or both drivers an pedestrians.
- Storm, wate drainage capability.
C . Th Courfland Plate pro t f affi to c a sense of yl a and is inconsiste with
the i 's mral smaU town chara ct r,,
The other b issue in th design .c) the •' Rite is tli�it : �"mi d� is all ab out a al�dn .
The best definition in the literature lor place mak-ing is `th Creation o f vibraut.. pe destrian;
friendly areas with a mix o f complemen l uses. In terms of retail. place making mea
shopping or dinning that is less a bout selling an mor a bout creating an exp 'fence. So hints
about what comprises place miming acre:.,
s The mixed-use sh. uld be sensiti to the market area's history or its future outlook and
tie its design features into it. hf,- mixed - use needs to be high �atty in aH of its aspects;
it could be moderate quality m spine aspects but not all.
D evelopers often rnake the Mistake of making the buildings look all the same when they
should go out of our way t o niakp, the b ui lding s look e We want the project to loot:
lilt it was built over multipWde ades ap deetgned b different architects. It should
look lake a real town, w hick it is,
C ritical. on -site design elements that nee to i nco
rp
orated in a rained - use developiae t
include:
• Noise abatement by separation or soundproo-fing between uses.
Agenda Item 9.b.
Page 74
03/03/2011 10:12 8059272344 ELL EAD PAGE 08/08
i
a Fire retardation measures through consbuction techniques.
• Odour s uppression b ► sep or proper venfing of the odors.
* Loading areas for c om ear x l uses` hide fi frovi sight.
F
C onnectivity of ed e t t - ' g the e
. an amon .
•
Transition areas — separate uses w . i d �*in , s xeee = { g { buffer er zones , setbacks, etc.
• Open sp ace.
Yin2Hy, one kev to uee gs in an urban, horizontal mixed -use ro" is the proper
tion of all components to cre a seamless whole.
Ve ry uxs,
SSELL S. AD
a
.P�; - 1.
Agenda Item 9.b.
Page 75
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 9.b.
Page 76
L INCORPOIRRATED
.Kxy 10, loll
MEM
TO: CITY COUNCIL
/0
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: SUPPLEMENTAL INFORMATI
MARCH 8, 201'1 CITY COUNCIL AGENDA ITEMS .b. - 9.d.
DATE: MARCH T, 2011
Attached is correspondence received since distribution of the Agenda packet regarding
the above noted Agenda items.
City M a n ag er
Cit y Attorney
City Clerk
Kell Wetmore
Front: Fran Fester
Sent: Friday, March 04, 2011 3:30 PM
To: Koller Wetmore
Subject: F1 : Proposed C ourtland Plaza Project
FYI
From: Steve Adams
Sent: Friday, March 04, 20113:30 P
To: Teresa M li h; Fran Fester
Subject. FW: Proposed Courtland Plaza Project
Please add to public input documents.
From: Betty Carr
Sent: Friday, March 04, 2011 1:34 PM
To: Tim Brown; 3im Guthrie; Joe Costello; Caron Ray; Tony Ferrara; S Adams
Subject: Proposed Courtland Plaza Project
Greetings Council Members:
I lire in Oceano and not AG but I hope you will read my input anyway. AG is Amy neighbor and what happens
in your city usually affects us in Oceano and other neighboring torn. I understand the s ubject proj ect is on
your agenda for Tuesday night's meeting.
My comments regarding the subject project are as follows:
I. There is a Food 4 Less grocery store in SL 985 S. Higuera jut 15 minutes and 12 miles away from the
subject site at Cou.rtlan & Grand. 1 cannot comprehend why AG would even consider allowing another store
in their city when there's already one so close by. A-nother Food 4 Less would be better suited for Santa Maria
where they don't have ore.
2. There's already a big box store Von one block from the subject site; and are Albertsons in your city. 1
think that's more than enough chain stores for such a small area.
3. The Council should be encouraging and preserving small businesses in your city. what do you think the
impact of another big box store would be on our existing local grocers in AG such as Spencer's Fresh Markets,
Cookie Crock, and JJ's Market' Hoar about Scolari's in Pismo Beach's One of the things most revere
by customers is locally-grown produce; therefore, South County should be preserving its farmland and
supporting local grocers.
4. Businesses are closing and leaving AG as it is Lund's in The Village for example). why don't you
concentrate on encouraging businesses to fill up existing space before building yet another shopping center
5. Take a look at the storefronts behind CVS Pharmacy at the subject site. With the exception of The UPS
Store, those spaces are Mill empty. what happened to lie 'N Eds Pizzeria' These spaces are empty and you
grant to build another complex fight across the street to sit empty as Drell
Does any of this make any sense to you'.
I think the subject site would b better suited for more affordable senior housing for example. From what I've
heard, there's currently a 2-3 year waiting list now for Cortina D'Arroyo Grande Senior Apartments on
Courtland. These are apartments for low income seniors. Hoar about building a "Phase 2 of Cortina I 'Arroyo
Grande Senior Apartments"? O r, hoar about a retirement community' r, hoar about just lover income
housing? SLO County is in desperate reed of affordable housing. What it and AG don't reed are more
shopping areas and grocery stores.
Thank you for your time and consideration,
Ms. Betty Cary
ceano, CA
Kelly Wetmore
From: Ryan Foster
Sent: Monday, March 07 , 2011 8:17 Al l
To: Kelly W tmor
Subject: F V: Courtland Development Project
- - - -- Original Message---- -
Fr m Steve Adams
Sent: Monday, March 07, 2011 8:02 AM
To: Teresa li h. Ryan Foster
Subject: FW: Courtland Development Project
- - - -- Original Message---- -
From: Joe Herz
Sent: Sunday., March 06., 2011 8:28 P
To: Tim Brown; Jim Guthrie; Joe Costello; Caren Ray; Tony Ferrara; Steve Adams
Subject: Courtland Development Project
March 6., 2011
Arroyo Grande City Council Members and City Manager
E: Courtland Development Project
A city needs to move forward, ward, riot sideways or backwards ward when it plans
retail development. One of many city goals is to promote vibrant.,
_necessary_ and community enhancing retail development. More than just
adding pavement and boxes, a city's goal is to upgrade its image,
promote long -term property values, create unique shopping experiences
and encourage a spirit of community. Think of serving the reeds of the
public while upgrading the quality and choices of retail shops. Another
grocery just won't do that. A grocery doesn't look beyond the easy fix,
beyond horizontal thinking or beyond the thirst for revenue.
As Berry Gardens homeowners we do not oppose the development on
urtland but we do oppose a developer and development that ignores
community involvement before or even during development stages, that
uses outdated traffic and safety impact research, that allows and
accepts bias polling and that ignores plain logic and the real reeds and
inevitable impact on a community. You know Courtland was not designed to
handle heavy traffic. You know there is a small neighborhood park with
no barrier from Courtland traffic. You know cars will cue up behind the
two stop signs running through the neighborhood creating an endless
stream of traffic at peals hours and during summer. Caring about such
issues is logical. Caring dictates you show concern through action. You
have the power to mitigate the development-Is community impact.
The same caring and logic should prevail over the pursuit of retail
stores within the development. Another community grocery is not caring
or logical. The interpretation of not shoring strong concern is
interpreted as a call for revenue and revenue only. The developer's
I
illogical choice of a grocery business is our business. You have the
power to mitigate that choice by tron lr suggesting the developer find
a quality retail anchor other than a grocery. Lately your concern has
been centered on the placement of a loading dock.
Really., what will the addition of another grocery accomplish.? Will it
move shoppers from big store vns (Grover Beach to Arroyo rand.
People are creature of habit so probably not. Ah, it will though help
solidify an image of Arroyo Grande, albeit a negative one. I envision
reading in the not too distant future a neighborhood description if a
gram is allwd, ""Berry Garden and surrounding neighborhoods sit
within 500 yards of multiple grocery stores as well as two drug Stores
that stock basic food items. Thanks to the four full grocery stores,
liquor store and drug stores the choices for acquisition of food and
especially of liquor are outstanding. The residents of Berry Gardens and
surrounding neighborhoods are indeed fortunate to have so much access to
so much food and liquor. But one can't help wonder, WHY? Can these
people really eat and drink that much? On a side note, there currently
exists a nearby out of business restaurant and several empty new retail
stores within the same food and liquor corridor. With proper planning
this restaurant and these stores could also become purveyors f food and
liquor to firmly place the Crown of Plenty on the small but evidently
gluttonous and overly-thirsty community. The city council should
consider placement of a welcoming sign at the west entrance to the city
that reads, Arroyo Grande - Gateway to Groceries."
Stepping up to meet the logical and necessary growth of a community is
your elected task. Be bold, be gutsy and take a stand against unneeded
and illogical retail development choices. Recommend strongly that NIT
commercial cease the hunt for an obviously problematic, unwanted and
unneeded grocery anchor and start the hunt for a community enhancing
retail store.
Plan right or promote blight. Your actions on this development will
certainly reflect on your current tenure in office but will be felt long
after you have served your purpose. Make your purpose memorable and
commendable for the west end of Arroyo Grande and for the entire
community of Arroyo Grande. It's not too hard. Too political? Too gutsy?
Joe and Tammy Herz
Berry Gardens
03/07/2011 07: 03 6059272344 RUSSELLREAD PAGE 02/07
Coolde Crock Warehouse
Alpine,Cqlony Ente rises, Inc.
1 221 E. Grand Ave.
Arroyo Grande; CA 93+20
Tel: (805) 427 -1302
FAh: (805) 927 -1629
2!712010 (By Facsimile Transmission)
Ids, Tcresa McClish
Arro yo Grande Communi ry De l opment D i rc ct r
5
Arroyo Grande, CA
Re: Staff Reports re: C ity Cur, I 1 feeti ng 0 1 F ebru ary 8, 2011 ;
A Items 9C and 9D
Consideration of Specific 'lax Amendment; Tentative Parcel Map; and Con 'tional Use
Permit; Southwest Corner of East Grand. Avc. and South Gina ► St.; N T Applicant
And related draft Mitigated e a Ive Declaration (\LCsFD) CUP with xe p ct to PSS
Project
Dear Ms- cClish:
I respectfully ask the Co n4l s cons t to "e 5 ) minute to address these agenda items W, 0 -e
` arch 8 20 1. V
R
Very Truly ours.
f
ine Colony En rises, Inc.
B RUSSELLS. AD
Its Gen rai Counc
I
03/07/2011 07:03 8059272344 RUSSELLREAD PAGE /
Cookie Cock Warehouse
Alpine Colony Enterprises, Inc.
12 21 E. Grand Ave.
Arroyo Grande, CA 93420
7'eI: (805) 927 -1302
FAX: (805) 927-1629
3/7/2011
( B y Facsimile Transmission)
Ms. Teresa Mc fish
Arroyo ra.nde Conununity Development Director
Arroyo Grande. CA
Of
Re : Mitigated Negative Declaration NL D
City Council Meeting of March 8, 2011;
Agenda Items 9C, 9D and 9E
Dear Ms. McC Cis -
`his letter is submitted as a comment to the revised UND. It supplements our leners submitted
for prior mcedngs of the City Coun il. pa.ruc t rl , Aithout limitation our letters f 2/31201
!. 1 , and 2/812011 , and our recent submittals on 011 and 3/4/2.011. NN ask that all
these letters plus attachments be made a part of the record in these matters. Also we ask that the
Ac ustic RepoTt of David Dubbink associates be made a part of the official. record.
We have submitted previous letters on other revisions to the NIND and will not repeat all the
points in this letter because those prior communications are a part of the record already.
Sum) of Comments
The revised N1ND remains as conclusi nary as prior MVisiotas, fails to address adverse impacts
of the Agenda Items and fails to explain, except in the most conclusionary fashion, o %v
miti ation measures will reduce the substantial impacts of .e Agenda Items, Inshort,Staff
proves once again that it will say an iin'g omit anything and cover-up anything which might
i nterf re with approval of the pr f ect. This pro c r ess has not been fair or obj ective. f especially
refer to the Planning Commission of eti ors 12/7/ 01 in which we openly sued that the
process could. not proceed unless and until NKT disclosed the use of the `'g- grocer p ar el, but
our j ections were ignored and Staff and NKT sit through the entire meeting without disclosing
the use as a grocery store- This was an outrageous den'al of fundamenW faimess, and. this
attitude is continued in the revised MND. It shou)d be noted that an this revision all mentions of
1as been deleted.
6 3/ 11 // X011 0 3 80592723 RUS ELLREAD PAGE 134/107
5
Because fair arguments have bee raise w i th respect to several of these significant impacts, a
E IR should be prepared. The public conti rsy has growsn even more intense as evidenced b
the recent public protests against the NKT project.
As we ha v e stated repea this is tVM p r oj ects. not or e. There is n integration whatsoe
between the h ousin g an commercial projects and it is shameful Staff has a ll owe d NKT to tie
the tw together. It is pu bl ic knowledge th the City h as not met its affordable housing q uo ta
and stasids to I ose ,Funding if the State takes away redevelopment funds. This puts Staff and
Counci under even greater pressure t o approve thest Agenda Items. It 'is s hameful, t hat nobo
can speak on behalf of the future residents of the PSH project interested parties who most
certainl y Mould have strong views t�n issues such as'ni at glare, noise and odor but this explains
vNi NKT linked its strip center wi th P SH project so the City* would haven't a n y cho but
pprove his development, otherwise the City would be in trouble with the Mate for failing to
provide affordable housing.
The increased buffer between the PSI proj.ct and NKT's carne as a result of public objections,
not any from PSH a nd was certainly Post a generous compromise y NKT, co ntrary to its ovm
self - con ramlator y claim. When it courses to protecting the area from permanent damage, NKT
and P H ba e shown no concem. fee discussion on GGE below.
In the revised MND Staff has failed to address a iy of the public comments, except the quein
o n westboun east Grand Avenue and Couttland Street.
Staff is require d to explain its i dil_ gs through Narratives included in the NND but has said little
about the water supply and salt water intrti ion issues and conffi is with the GenearaJ Plan. It has
said nothing about the odor issue or explained hover the proposed traffic and noise mitigation
measures will reduce these impacts to less than significant especially on the PSH and Berry
Gardens Cormiiunities The l D is silent on the physical consequences of the social and
economic impacts of the project. As these matters have been the subject to a great deal of
controversy, a fair argument exists that the Project requires an EIR. No Oi In vs. City of Los
An I es. 13 C 3 rd 6 8 (1974); Quail Bot anical Gardens Found, Inc. s. i f Encinitas. 9
4 th 1 (1994): Fri end s of 4 : B" .Street v s . city o H 106 d 988 (1 980.)
Spec ffi Comments
Aesthetics. Pa c �'h,e KT par j ect is nothi more than one more strip shopping center and
its design and scope are not compatible wzth Ar o Grande's small town . ttii� . As we
repeatedly have stated, especially itk our letter o f 3!3/20 where we provided excerpts fr om the
National Association of Indust al and Office Properties about "mixed- this project is n a
`�nii ed despite NKT's attempt to tack on th e P SH project on the rear. The NKT project is
simply one more shopping center-
it Otiality (page I The public, has provrid d an enormous amount of evidence about the
odors from the grocery store which will impact the adj oim' ng p H proj ect. The UN D's only
c omment is that the Specific ,Play. Amendment prohibits commercial uses that may create
objectionable odors. B ecause suc odors naturally and inevitably arise from a grocery operation,
03/07/2011 07:03 80592 7 2344 RUSSELLREAD PAGE 05/07
This prohibition is not a, mitigation measure but simply a pipe dream,, an attempt to cover -up of
the problem.
The other so- called mitigation action measure is scheduling deliveries to the grocery store. This too is a
pipe dream, As has been explained by pang witnesses with expertise in the grocery business,
you can't scbedulc dcli veries and this <<Mitigation measure is just another attempt by Staff to
cover up the negative impact of toxic air contaminants.
GG . (page 21 ) Staff admits that these agenda items will produce 8 times the threshold
consid ered "cumulatively sigruificant" and then li ts'22 ``mitigation measures "' without discussing
}your and to what extent these measures will reduce GGE. It provides a chart showing that
`supera ark t rocea f store" is the highest generator of GGE. The only effective reduction in
G G E f in this ease, would be to reduce intensity, , such as by eliminating a use, and elim in atin g the
grocery store would be the most effective solution, especially because the area 'is saturated with
both grocery stores and retail liquor outlets. But nobody from the Laity is fTee to suggest this
solution because it would mean the denial of NKT's application and, like falling dominos, the
rid of the P H project and future revenues to the City.
ydrolozy and Water Quality age 24J Evidence has been submitted that the Poplar ponding
Basin is i. sufficicnt to bandle the run o
Land Use and Plann ing. (page 27)_.. We have pointed out that these Agenda Items are
inconsistent with the General Plan.. Among those iconsistecies acre:
,
Arro -vo Grande City Code Site Development Standards, Table 16.3 .020 requires
mixed-use project larger than 20,000 s . feet. to provide 200 square feet of public
accessible open space for e very 5 ,000 square feet of office and commercial space
exclusive o parking and dn'veway- 5 )4,000 sq feet of development requires 2,.,215 of open
space but the proposal provides o n , 300 sq feet east of Pad A.
r.
• U - ] : Provide for a dWersity of retail and service 0mmerciai.. offices., residential and
ether comDattble IjVg that sup rt 'multiple neighborhoods and the greater community, and
reduce the need for external taps to adjacent jurisdictions, by designating Mixed Use areas along
and near major arterial streets and at convenient, strategic locations in the core munftyr.
A shopping carter o n "t become a mix &douse by simply tar.,king on a housing project at
the rear- See our letter o 3-3/201
• L -2: The MU category shall provide areas for businesses offering the provision and sale of
general merchandise, hardware/building materials, food, drugs, sundeles and personal services
which meet the daily needs of a multi - neighborhood area (trade area populations range from
i S , 000 to 20,000 people; roughly equivalent to the size of Arroyo Grande). Typical businesses in
the MU category include general m rchandi a and/or specialty stores such as super
hardware/appliance outlets, building materials /home improvement stores,. restaurants, and
general services /officers, business plazas and parks. Mixed use development shall be
compatible in size and scale. to, ensure preservation of the "rural setting and small
town character" of the City. This category encom passes ag rim Itu ra it - related businesses and
services such as vete rinary s rvoces and other tarn~ support/supply.
3
OJ/ e 0II 07:03 005927234 RUSSELLREAD PAGE e6/07
Staff misapplies this standard when It states "the. n ew development is compatible ith the
ex isting visual cbara of t e area." page 13. This is not the test. The test is if e
deve lopment i's Com patible on , f e and scale to ensure preservation o the " rural
setting and small town charactw" of the City. staff has failed to apply these tests
anywhere in the MND,
LU - : Allowable uses within the M U category shall not include uses that adversely acct
surrounding corn m rcial or mtsiden u or contribute to the deterioration o f existi
e nvi r onmental con ditions I n the area.
The record contains substantial evidence that the project will have a su s alitial impact of
the Bevy gardens Community and on independent grocers In the at a. The project may
reduce our Arroyo Grande business 10%-30%. See letter from United Grocers dated
3 /2/,2011 and Hopwood . o iat ' a 2/28/20 L This project is n othing sho o a
.point attempt by NKT (our landlord who refuses to maintain and improve our center) and
the City to d rive us out of b usiness. Appro val of th ese applications is tantarnount to
c ondemnation of our busine s-
T'hC5e Agenda Items conf ict with additional elements in the General Plan, conflicts which Staff
i gno re in its baste to get these pr '� 'cts approved...
•
E 2 - 4 Continue to balance economic goals with strong policies and programs that promote and
rnaintain the community's envlr nment, quality of lift, and rural character.
- 7 Plan for a revitalized East Grand Avenue Mixed-Use corridor that has lass o a strip -
c mmemiaa aspect and more coordinated,, railed -use boulevard ambiance w th distinct
activity subareas i "" id g and Highway" districts.
LU5 Ena ble Mixed -Uses and 'development intensities to be increased in the Mixed Use
corridors to promote pedestrian activity, provide better shopping opportunities and discourage
incompatible commercial service uses in areas adjoining residential uses or c
They couflict with the East Grand Avenue L� m-ent Pisa, conflicts which- Staff` also ignore:
, I
•
Provide for a diversity of reran and service c6mm rda(, offices, residential and other cornpatible uses, in
size and scale to fit t he "rural setting and small town character" of A rroyo rande, without
du lir of t he function or character of other commercial a page 8-
• Plan for a revirali ed East Grand Avenue Mixed - Use corridor t hat hay less of a strip commercial aspect
and more consistent, coordinated mined - use boulevard ambiance w irh di rri t activity mbar m:
;
H i h way, M idwa r and Gateway game
•
Provide better sbopping opportunities, adaptive reuse of xi tin buildings having characteristics worth
preserving and integrated into a c oor4inatgd,, distinctive design wofive for each functional segment.
page 9. 1
03/07/2011 07:03 8059272344 RUSSELLREAD PAGE 07/07
The NKT project is nothing more than a shopping center. Tacking on a PSH project doesTi 't
change that. It duplicates existing 3)ters and is not compatible with Arroyo Grande's rural
setting acid small town character.
Noise (page 28). The Acoustic khpo'rt a' i ub Asso'ciatescon eludes the ITT
project will exceed noise exposure to the PSH project and then lists two mitigation ation measures.
The first is to schedule delivers, an impossible requirement in the grocery businesses. Once
again, IL 1 ashasne nobody is free - zo speak for the future occupa its of the SH project who
nnight havc strong opinions about the odor, glare and noise from the grocery store adjacent to
their backyard.
Traffic: (page 3 The NfND fails to deal with the traffic 'impact on the Berry Gardens
Community- Testimony at the last council meeting proved that tractor - trailer trucks were I ikely
to proceed down Courtland into the Berry Gardens Community. From time to ti i r they ma
need to find a means of taming around and d ire back to East Grand. Couxtl and is not a
collector street but a quiet r sidenti ?d street. Such increased traffic will have a major impact on
the community, impacts the N4ND f-3-ils to address.
The single addition to the r used NOM appears -.to b page 32 in the discussion of the
alt rati n of the meridian on East Ci r ad ,in a z r _(:6ce with a final queing analysis," In other
. r -
words. more study is needed on the question of r6itigation. The MND is th&,TefOTe incomplete
and d fectl - ve.
Uti lities and Service Systems (page Water supply and the risk of salt water intrusion into
the ground water supply has been a primary concem for the City over the last two years_ The
l 4Tl ) barel touches on the Water supply issues, fails to provide any estimate of water usage by
the Agcnda items or how NKT and. PS14 will mitigate the water shortkRe. The cumulative
i nipact on the water supply and salt water intrusion is never mentioned 'in the M D.
In a total sudden flip - -flop Staff claims conservation has provided sufficient water for the futyure
bui l d out of the City but makes zero attempts to explain why It its trying or h a until last month
tri ed to b uY more water ,from ce n . This is ode - . mare 6me wh ere Staff { attempts to cover up
problem in order to push through these Agenda li6j' S.
The only mitigation measure Staff lu g sts is a water neutralization. program r a water
neutralization fee." Staff fails to state hoer these fees will reduce the City's chronic eater
shortac e. We believe these programs probably were not adopted in accordance with C QA.
Accordingly. these su os d mitigations measures are inadequate. Cali omia Native Plant
SO CI R .fount , o l orad (2009) 1 70 CA4th 1026.
Very T41y 7 ' ours-
k
irxe Colo n. Grp i , Inc.
By RUSSELL S. D
Its General Council
0 31 ! 07 /2011 11: 40
3059? - 72344
UJELLAD
Cooea Crock Warehouse
Alpine Colony Enterprises, Inc.
1221 E. Grand Ave.
Arroyo Grande, CA 93420
Ie'. (805) 927 -130
FAX (805) 927 - 1629
2/7/201
(By Facsimile Transmission)
Ms. Teresa McClIsh
Arroyo Grande Community Development Director
Arroyo Grande, CA
PAGE 07/0
Re: Staff Reports ire* City Coun�il Meetxn - f I Febniary 8 , 2011;
A genda Items 9B and
Consideration of Specific Plan Amendment; Tentative Parcel Map; and Conditional use
e ut; Southwest Comer of East Grand ,Ave. and South C ourfland St.; NKT Applicant
And related draft Mitigated I��J * t •v Declaration (NIND); CUP with respect to PSS
Project
D ear Ms. M lish
I have had some difficulty understanding which Agenda items are wbich. I respectfully as the
Council's consent to have 5 minutes to address these agenda items and Q at the meeting o
March 8, 20 1
I
Please note that my earlier letter or the Revised MND should refer to all three agenda items
to C
pry Tfu13• Your!
,Alpine Colon nte�pri es. Inc.
By RUSSELL S. REA
Its General Council
I
03/0 11:40 8059272344 RU 'AGE 02/07
Cookie Crock Warehouse
Alpine Colony Enterprises, Inc.
1221 E. Grand Ave-
Arroyo Grande, CA 43420
Tel: (805) 927 -1302
FAX: (845) 927-1629
2/7/20
(By F acsim i l e T ransmiss i o n)
Ms Teres Mca i h
Arroyo Grande Cornur'ty D evelopment Director
Arroyo Grande i CA
Ike: Staff Reports ire: City Council Meeting of February 8, 11;
Agenda Items 9 an 9c
C onsideration of Specific Plan "� ndmen Tentative Parcel Map; and Conditional Use
Permit; Southwest Corner of Fast Grand Ave. and South Command St.; NKT Applicant
And related drab Mitigated Ne, ;a ve Declaxation ( MND) ;
Dear Ms. McClishd
`his letter is submitted as onam n`t to Agenda Items 9C and 9D. It supplements our letters
s ubmitted for prior meeting of the City Council parficularly, without limitation, our letter§ of
11/612 010 11:r 10. 11 '9/2010, 7 18/2011, 1/2 3 11, 1/24/20 11. 2/3/201 2/7/2011 and
218/20 our recent submittals on x.73120 and 3/4/2011, and our letters with respect to the
P lanning Commission on 12/7/2010. These contain objections the Agenda Items, all of which
we in into this i tt r by this reference. W ask th all these letters plus attachments b
made a part of the record in these matters.
We will not repeat all the points in this let% Pr made in prior letters because we presume those
communications are a part of the record already.
SummgTy and "e uest for Actiox
and
O n page 19 of the Stahl" Report for 9 C , Staff admits that the Council has the p ower to eliminate a
g rocery store in Subarea 3 as long a � the p mar r purpose of the regulation is not an
impermissible private. anti- competitive goal. No amendment to the General Flag is needed
because the N T has no entitlements and the Council is free to determine that a grocery or
another liquor outlet at this location is not in the public interest. we ask the Counci to do so
because the addition of another grocery store and another liquor outlet are not in the public
interest and are likely to cause additi blight to shopping centers on East G =d Avenue,
party cularly ours because N T i s oux land' � d and. with the City' help, is trying to drivc us out
of business.
0- 3/07/2011 11:40 8059272344 RUSSELL E D PACE 03/ 7
There is zero evidence in the recota that another grocery store is needed and overwhelming
evidence that a new grocery store will harm existing ones and create blight in the area. Voris,
Albertsons, Cookie Crock Warehouse., J 's Food Company, Scol.aris, Spencer's Fresh Market,
et,
Trader goes and Vons already serge the p-recery needs in the area. See letters from Unified
Grocers, Hopwood Associates and the City's own E SRI report. Moreover, 8 liquor outlets
already east wi xn Sod yards o `the pr p d site} No lc xtimate pub is purposc i usti cs
approval of anothex grocery or anothty liquor outlet.
Because NKT refuses to repair, maintain or improve our center while developing a competin
one, Cookie Crook Warehouse and cmr center will suffer er greater damages than other gmcer
store and shopping center. A new store may reduce our patronage by more than % and rna '
drive us out of business. This will create' t emplo ment and blight. As we have stated before,
we consider appro a] of another grocery store an act of inverse condemnation.
We are fighting for 100 employees and their fa i ies who probably wail lose their livelihood if
the new grocery is approved. Other adverse consequences are very clear - in the record. Petitions,
public comae ,ts, and public protests against a new grocery store have demonstmed the
widespread and deep concern felt by trh-; p7ablic over NKY's project. A, fair argument has been
made that an EIR should be clone analyzing crnemployment and the blight on East Grand Avenue
shopping centers such as ours and Spencer's Fresh Market.
In the Staff' report on the Specific Plan Amendment, Staff writes on page 19: " lure is nothing in
the record to indicate that any economic or social effect of the project will cause a physical
change to the environment." In the same breath, Staff ad its the devastating impact of th
Project on existing business when it estimates that $30,000.00-$ 40,000 in sales tai revenue will
be "'tr ns ferr d from other businesses in the City." # Item ; page l . his means existing
businesses will lost at least $308 - $ 410.004 in taxable sales as a result of the Project, and
this estimate does not address the loss of revenuie to existing groceries whose food sales do
not generate sales tax.
Despite pit this admissioN Staff ignores the impacts of the Project on existing shopping centers and
the physical impacts the Project will cause on existing centers. This is one more illustration of
Staffs attempts to cover -up evidence that a ne w grocery store will cause additional blight as a
result of loss of patronage to a 'sting j r o c y stores on East Grand Avenue . gust 4 examples s o
such evidence: our Nice President, Del Clegg testified that a new store could drive down our
business by % or more; City *s own ESFJ report; the letters from Hopwood Associates and
United Grocers are equally clear. W 6 also have provided evidence that NKT wishes to drive us
out of business and that the result will be a spread in blight, Staff utterly mores this evidence.
We ask Council to exclude a grocery store or another l iquor outlet from Subarea 3 as part of the
Specific Plan Amendment.
Additional Comments ends Item 2C
Small Town Character and Rural #etting# Staff repeatedly errors by applying the wrong
test when it suggests that the developmer.)i of Subarea 3 is consistent with Arroyo Grande's
2
03./07/2011 11: 40 B059272344 RUSSELLREAD PAGE 04/07
Small Town Character and R ural Setting.. Staff repeatedly errors by applying the wrong
test when it suggests that the d velopnno ,t of Subarea is consistent with Arroyo Grande's
46 srrrall town character" because it is. consistent with existing cormercial developments in the
area. This reasoning is absurd. Many of the shopping centers in the area were built decades
ago before the relevant portions of the 20 General Plan were adopted and before the East
Grand Aveiiue Plan was adopted in t; . Clearly the purpose of these planning guidelines
was to ch the priorit as ev idenced by the East Grand A ven ue E Plan:
• Provide for a diversity of retail an service commercial, Office r sideotial an other c uses, in
size and scale to fit the `rural setting and small torn character" of Arroyo Grande, without
dupIi ati n of the f unction o r character of other commerc areas. page 8-
41 Ptah fOr a Tevitalized East Grand Avenue Mixed - Use corridor that has less of a strip commercial aspect
and more colmsi t nt, coordinated mixed - use boulevard ambiance with district activity subareas:
H igh ►ay. M Idway and Gatevmy. page 9.
Prn zde better shopping cpp ortunides ; adaptive reuse o f existing buildings having characteristics worth
preserving and integrated into a c urdlea ed, distinctive design motive f each fUnctional segment_
page
The NKT" p roje ct should h e j b es %, 'sta tdaxd :
Does it & - olicate uxt tion and chgMcter of other uses? Yes. Ta the PSIS project t
the ter of this ship center and c alling it a ho mixe use, is absurd, as e%idenced by
Municipal Code Sectiori 16.48.065 which frequently refers to a inix of residential, and
commercial uses in the same development and stresses "intcgration." The PSH and NKT
projects are two separate deve lopynents, not one. Th am not integrated i n any m ea nings wa y .
Given the different uses between - u bareas 3 and 4 , and conflicts b e e n then an EIR s h o uld
be dope for each par Ject separately. The NIT prof eat is ju one more strip c enter duplicating
others on East Grand Avenue.
Is _it a strip cox�ex al cr�tr'? Y es.
Is it coordmnatedwith other uses on the East Grand Avenue No. It duplicates existing
uses. It's not even coor dinated with the ASH project.
The MKT pr jcct fails to meet these standards.
A ir Q uality. The- Staff Report c ncedes the NKT project will create objectionable odors and
suggests that a prohibition, on such odors as a mitigation treasure. Because such odors
natually and inevitably Parise from a: grocery, opeTation, this prohibition is not a mitigation
measure but simp a pipe dream, an attempt to cover of the problem- The of ,er so..
called rnitigation measure is sc heduling deliveries to the grocery store. This too is a pipe
dream. A has been explained Lev 'n witnesses with a pe i,se Jon the grocery business, you
can't schedule deliveries and this "rniti ati n measure' re ' is just another alft=pt by Staff t
cover up the negative impact of no ise and toxic air con nan .
South Courtland Street. Staff j u ti , �s the impact on Henry Gardens by stating South
ourtland Street is a co street or tt�e City's Circ ulation Element. This appears to be
false. A collector street is defined as,
3
073 # 07/ 2011 11: 40 2059272344 RUSSELLREAD PAGE 05/07
"CT 1 A: Collector Streets - 2 lanes with or without turn lane, controlled access, on- streetp rVi ng
optlonal; i nc l u de s bike lames, sidewalks, some transit and other design features: " r of w 17
South Courfland Street is not otherwise mentioned in the Circulation Element. It is only "
wide, less than half the width of a collector street.
The MND fails to deal with the traffic c impact on. the Berry Gardens on=unity. Testimony at
the last council meeting suggested that Tr ct r-tr i l r trucks were likely to proceed down
ourtland into the Berry Gardens Cow u nity. From time to time, th ma n eed to turn b to
East Grand. C ourtland is not a collector street but a quiet residential street. Such increased
traffic will have major impac oa the community, impacts the MND fails to address.
G GE and Noise. Please see oltr letter on the prised MTl.
Separate I 's or Surveys. 11 ease see our, letter on the Revised NWD.
V Water Supply please see our letter on the eNised N I ,
Mandatory Findings of Significance. The report states, "'There is nothing its the record
to indicate that the proposed prof eet w ill cause su bstantial adverse effects on human bungs."
This conclusion ignores each and eve y o of the above points in an effort to white -wash th
project. In addition the most directly im pacted h uman b eings will be hose w live in the
PSH project, human beings who ha ve had no spokesmen i n this pr h uman beings who
will be exposed to the no ise, glare, odor, toxic gases, and traffic of the grocery store. The
principals of PSIS have been passive throughout this process because they don't wish to upset
the wag s ari. If NKT doe ,n't get its project, the PSH project will fail. The City, which
has not met its quota of ai `orda l housing and rislks losing redevelopment funds as well as
revenue, apparently will say anything and ignore anything that m i ght interfm with N KT's
project. Indeed, NIT is acting -in conce with th e Cite to drier our company out o business
notw ithstand ing the resulting Klight and unemploy ens notwithstanding the increased
tTaaffic, noise, pollution and danger to residents of Bemr Gardens, and notwithstanding the
prejudice to future occupants of the PSH project.
Additional C(.!_ ends a da ate �
Courtland Street. The proposed mitigation measures (bulb - outs, road undulations, and.
sl � probably will not stop true , from using Courtland Street, es ecially those unable to
eater the south driveway because the loading doer is already in use. Eve ry other grocery
store in the area has a n ll e-v 'n the rear to aid with truck congestion. Because NKT i s
trying to jarn too much intense use into Subarea 3, it has no such alley and the residents
of Berri. G ardens will pay the p rice in' t'f! r l ms of noise, traffic and the dangers t
pedestrians.
Open Space. A noyo Grande City Code, Site Development Standards, Fable 1 6.36.020
(E requires nixed -use project larger than 20,000 sq feet. to provide 200 square feet of
public accessible open space for every 5 ,000 square feet of office and commercial space,
exclusive of paiking and d 54 ,000 s `eet of development requires 2,215 of open
space but the proposal provides ort 300.5q feet cast of P A .
4
03/07/2011 11: 40 8059272944 RUSSELLREAD PAGE 35/e7
Please help us save our store and r:. e jobs of our employees. Pleasc yelp the residents of Berry
Gardens avoid the pollution and dangas of m' crew ed traffic on South Courtland Street. Please
help safeguard the future residents of the PSI project. Please protect city residents tom the
traffic nigbt are the NKT project will produce on East grand Avenue.
Where are legal ways the Council can a void these adverse impacts. First,, it can require an EIR
for each Subarea. Second, it can prohibit grocery stores in Pad C wing its general police power.
Third, it could fir it sales of non-taxable items on Pad C to ome percentage (we suggest 6-8%)
of gross sales. Forth# it could eliminate liquor sales on Pad, C. Fifth: it could disapprove entirely
these Agenda Items.
Ve 1'ruiv Yo
Alpine Colony Enterprises, Inc.
By RUSSELL S. READ
Its General Council
0 %
RO
INCORPORATED
MEMORANDUM
JULY 10. 1911
TO: CITY COUNCIL
FROM: TER ESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
F
Y: RYAN FOSTER, , ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF TENTATIVE PARCEL MAP 10-001 AND
CONDITIONAL USE PERMIT 10-001; SUBDIVIDE 4.47 ACRES INTO
FOUR PARCELS OF 0,51, 0.591 2.56 AND 0.57 ACRES AND
CONSTRUCT FOUR COMMERCIAL BUILDINGS OF 5 6 9 767,
35 AND 5,700 SQUARE-FEET RESPECTIVELY; 1ELY; LOCATION —
SOUTHWEST CORNER F EAST GRAND AVENUE AND SOUTH
COU TLAND STREET; APPLICANT — NI T COMMERCIAL
DATE: MARCH 8, 201' (CONTINUED FROM FEBRUARY Y 8, 2011)
RECOMMENDATION:
The Planning Commission recommends that the City Council adopt a Resolution
approving Tentative Parcel Map 10-001 and Conditional Use Permit 10
FINANCIAL IMPACT:
Staff has developed revised sales tax projections based upon typical per square foot
sales tax figures by use provided by the City's redevelopment consultant. These figures
are conservative because staff used the lour end of the range provided by the consultant
for each use. Based on this data, the proposed project is estimated to generate roughly
$1 00,000 annually in sales tax revenue.
Staff estimates than s omewhere in the range of $25,000 to $30,000 of the revenue
would be transferred from other businesses in the City and would not be new net
revenue. However, this is based on staffs preliminary assumptions regarding where
shoppers would transfer from and is not based on any statistical survey information.
Therefore, it should b presumed to be a less reliable estimate than the overall sales
tax projections.
It is also estimated that the project will provide $25,000 in annual property tax revenue
to the City, $36,000 in annual tax increment revenue to the Redevelopment Agency,
and a one - time payment to the Redevelopment Agency of approximately $174,000 for
reimbursement of costs for construction of the Poplar Ponding Basin. Finally, the total
estimated permit and development impact fee revenue i $1.32 million. This revenue i
designed to reimburse the City for its expenses and to corer the costs to mitigate
cumulative impacts of development in the community.
Agenda Item 9.c.
Page 1
CITY C01UNCIL
T'PM 10-001 AND C'up 10-00
MARCH 8, 2011
PAGE 2
Agenda Item 9.c.
Page 2
CITY COUNCIL
TPM 10-001 AID CUP 10-001
MARCH 8. 2011
PAGE 3
Proiect Descri t ion
The proposed project will subdivide and develop 4.47 acres located at the southwest
corner of East Grand Avenue and South Courtland Street as follows:
Pad/Lot
Lot Size
Pad Size
Use
All
22,419 SF
5 SF
tail /Commercial
B12
25 SF
6767 SF
Re
/3
i 1 1,548 SF
35,786 SF
Groce
D/4
24,786 SF
5,700 SF
Retail/Commercial
Previous City Council Review
The City Council was scheduled to consider TPM 10-001 and CUP 10-001 at its
meeting of November 9, 2010; however, consideration was continued due to concerns
with the proposed Specific Plan Amendment (Attachment 1). It was scheduled for
consideration at the November 9, 2010 City Council Meeting, but was continued at the
request of the applicant. At the February 8, 2011 meeting, the City Council received
public input, but the item was again continued to a date uncertain due to a queuing
issue identified through public input and confirmed by the City's traffic consultant.
Architectural Review Committee F eview
The Architectural Review rie w Corr mittee (ARC) reviewed Tentative Parcel Map 10 -001 and
Conditional Use Permit 10-00 1 at its meeting of December 6, 201 (Attachment 2). The
ARC unanimously recommended approval of Tentative Parcel Map and Conditional Use
Permit 10 -001.
Planning Commission Recommendation
The Planning Commission considered TPM 10-001 and CUP 10 -001 at its meeting of
December 7, 2010 (Attachment 3). The Planning Commission unanimously adopted a
Resolution recommend i ng that the City Council approve TPM 10 -001 and CLIP 10 -001.
Traffic Commission Recommendation
The Traffic commission reviewed Tentative Parcel Map 10 -001 and Conditional Use
Permit 10 -001 at its meeting of ,January 10, 2011. The Traffic Commission
recommended approval of Tentative Parcel Map 10-001 and Conditional Use Permit 10-
00 1.
ANALYSIS of ISSUES:
Legislative ors. ,Judicial Acts
Every decision a local government makes can be placed into one of three categories
legislative, quasi - judicial or ministerial:
Legislative acts are those that create policy, such as general plan updates,
zoning ordinances or specific plans. These acts establish local lair — rules that
Agenda Item 9.c.
Page 3
CITY COUNCIL
TPM 1 -001 AND CUP 1 0-001
MARCH 0 2011
PAGE 4
apply to everybody within the jurisdiction. Under California law, legislative acts
are subject to initiative and referendum.
Quasi- judicial acts are those that apply policy (created through legislative acts) t
projects, such as consideration of tentative maps o use permits. These acts are
discretionary, based on the decision-makers interpretation and application of
policy to a particular project. Quasi-judicial acts are not subject to initiative o r
refe rendum.
Ministerial acts are those that require no discretion on the part of the local
government, such as the mandatory issuing of a permit if certain conditions are
met.
The proposed project is a quasi-judicial action — if approved, It will grant the property
o wner entitlements to develop the property in substantial conformance with the
approved plans, subject to ray conditions of approval.
Alternative Site Plan
In response to extensive public comment and related concerns regarding on- site
delivery truck circulation, the applicant has prepared an alternative site plan that
separates delivery truck traffic from customer traffic and pedestrian access (Attachment
8) . Under this alternative, delivery truck access would be provided via a truck -only
driveway that runs along the south and west perimeter o f the project site, entering from
South C urtland Street and existing to East Grand Avenue. This configuration allow
up to twelve 12 delivery trucks to queue on-site, while the loading dock can
accommodate two 2 trucks simultaneously. As with the proposed plan, secondary
access from Subarea 4 is provided with the alternative plan. �rhe alternative plan
exceeds minimum citywide parking requirements ( 94 spaces required, 211 spaces
provided).
The applicant has also secured a letter of intent L I from Michael's craft store, which
has been identified as a desirable retail use by members o f the public at previou
public hearings. Although the City has no authority to regulate specific tenants (see
discussion bel Michael's is considered to be a general retail use, and as such, is an
allowed use in the Gateway Mixed-Use (GM U) zoning district. It is also a business than
has been targeted by the City's economic development efforts since it serves an unmet
community need. Under this scenario, it is likely that either the proposed or alternative
site plans would be modified to enlarge Pad A to approximately 14,000 square -feet and
eliminate Pad D. This would result in a total of 56,867 square -feet of development,
which is less than the 58,500 square -feet than was used to evaluate potential impacts in
the Mitigated Negative Declaration (MND) and is consistent with Condition of Approval
#5 , which is included in the attached Resolution. The applicant has also identified
Buffalo Wild Wings as the likely proposed restaurant tenant for the Pad B building,
which will fulfill the City's goal of attracting a restaurant use to the corner o f the project.
Agenda Item 9.c.
Page 4
CITY COUNCIL
TPM 10-001 AND CUP 10-001
MARCH 8. 2011
PAGE
Project Revisions
The proposed project has been previously revised based on City Council direction and
to achieve consistency with Specific Plan Amendment 10-001. If Specific Plan
Amendment is not approved, the proposed project cannot be considered as it is
inconsistent with the existing Berry Gardens Specific Plan. Specific revisions are
discussed in detail below:
Dear Yard Setback
Based on City Council direction and revisions to Specific Plan Amendment 10-
001, the rear yard setback (Pad C ) has been increased from 10' to 15'. When
combined with the minimum side yard setback required in Subarea 4, a minimum
of 2 ' will be provided between any commercial and residential buildings.
Parkin
Although Specific Plan Amendment 10-001 allows for a parking reduction (181
required spaces based o n proposed project size), with a total of 226 parking
spaces, the proposed project exceeds citywide parking standards. Citywide
parking standards require one (1) space for every 20 square -feet of
retail/commercial/office building area and one (1) space for every 100 square -
feet of publicly accessible restaurant building area. This equates to a total of 243
parking spaces; however, Section 1 . . o of the City's Municipal Code grants
a 20% reduction in total parking requirements for common parking facilities
(those that are shared between individual uses). This equates to a total of 194
spaces. At 226 spaces, the proposed project is over- parked by 16.4%. A
condition has been included requiring the applicant to provide an appropriate
legal instrument to satisfy this requirement.
Maximum Building Size
Based on City Council direction and the inclusion of a maximum building size to
Specific Plan Amendment 10-001, the largest building proposed (Pad C ) is
35,786 square -feet. This is less than the maximum allowed building size of
37,500 square -feet and 15,095 square -feet 30% less than previously proposed
(50,881 square - feet).
R rj Ttim i t
Based on City Council direction and revisions to Specific Plan Amendment 10-
001, the proposed site plan has been redesigned to accommodate a bus turnout
along East Grand Avenue. The bus turnout is located east of the driveway,
between Pads A and B. The turnout was designed based on consultation with
representatives from the Regional Transit Authority FTA.
Traffic Impacts
Due to community concerns relating to potential traffic impacts, staff requested that the
City's traffic consultant conduct ar peer - review of the traffic study prepared for Specific
Plan Amendment 10-001, which includes analysis of the proposed project. As a result
Agenda Item 9.c.
Page 5
CITY COUNCIL
T P I 10-001 AND CUP 10-001
MARCH , 2011
PAGE 6
of this peer -revie w, the City's traffic consultant recommends that the curb return located
at the southwest corner of the intersection of East Grand Avenue and South Courtland
Street be moved six feet to the crest, to better accommodate larger ' wheelbase)
trucks making right turns onto South Courtland Street from East Grand Avenue. This
recommendation has been incorporated into Specific Plan Amendment 10 -001 and the
proposed project has been conditioned to comply with this requirement. It should be
noted that while this requirement will increase traffic safety, it will impact the proposed
eastern outdoor seating /plaza area on Pad B.
Truck Circulation
At the Planning Commission meeting of December 7, 2010 (reference Attachment 3),
the applicant presented a site plan that placed the loading dock for Pad C on the
western (interior) side of the project site. Based on concerns regarding potential
conflicts between delivery truck movements through the site with customers, the
Planning Commission recommended, and the Traffic Commission agreed that the
loading dock for Pad C should be located on the eastern (exterior) side of the project
site, adjacent to South Courtland Street. The loading dock area includes
enclosed /screened areas for trash and recycl
Delivery trucks will access the commercial portion of the proposed project from South
Courtland Street, via the southernmost driveway. The loading dock area (aisle +
approach) exceeds the standards set forth in Municipal Code Section 16.56.1 70 (Off-
Street Loading Areas) — the aisle width is 30' (14' rewired and the dock approach is
130' (113' required). It will be necessary for delivery trucks with a wheelbase of 2' or
greater to briefly pull forward into the drive aisle in order to maneuver into the loading
dock. This is not considered to be a hazardous condition, as it is expressly allowed
under the provisions of Municipal Code Section 16.56.170(B)(1). Furthermore, at no
point during this maneuver will the rear of the truck enter a drive aisle. All delivery
trucks with a g' wheelbase or less will be able to maneuver into the loading dock
without crossing into a drive aisle.
The need for larger delivery trucks to utilize a portion of the drive aisle to maneuver into
the loading dock is necessary dine to requirements for a 15' rear yard setback,
alignment of the driveway with the existing commercial driveway on the east side of
South Courtland Street and the length of the screening wall. Therefore, the same
condition will likely exist for any size rear commercial store unless a rear delivery lane is
constructed behind the store as identified in the alternate proposal. Other alternatives
would be to reduce the rear setback requirement or eliminate the screening gall, which
staff believes are a less optimal design solutions. The City's traffic consultant will
present an updated simulation at the meeting demonstrating how this proposed truck
loading area will function.
Eased on direction from the City Council at the February 8th public hearing, staff has
contacted a number of grocery stores to determine the average number of truck
deliveries per day. The majority of stores contacted indicated an average of -1
Agenda Item 9.c.
Page 6
CITY COUNCIL
TPI I 10 -001 AND CUP '10 -001
MARCH 8,2011
PAGE 7
deliveries per day, 2 -4 of which are 2' wheelbase or larger. However, s ome stores
average as many as 30-40 deliveries per day, up to 5 of which are 2' wheelbase or
larger.
Several residents have expressed concerns regarding the potential delay of delivery
truck access to the loading area. The proposed project exceeds minimum standards for
loading area dimensions Municipal Code Section 16.56.170). The loading dock is wide
enough to accommodate two 2 delivery trucks at the same time. There is also
adequate queuing space for two 2 additional trucks alongside the loading dock.
Several residents have also e concerns regarding the potential for deliverer
trucks to use South Courtland Street as a shortcut to Oak Park Boulevard. Staff
believes this would be an unlikely occurrence because South Courtland Street provides
an undesirable route for truck (too circuitous, which is evidenced by the lack of truck
traffic from the C S development (directly east of the project site) using South
Courtland Street as a shortcut. However, in an attempt to further address these
concerns, staff has added a provision to the proposed amendment that will provide a
visual /physical barrier between Subareas 1 and 4 along South Courtland Street. This
barrier will consist of bulb -outs or road undulations and north - facing signage where
South Courtland Street narrows to two lanes, delineating the entrance t o a residential
neighborhood.
Design Guidelines and Enhancement Plan
The Design Guidelines and Standards for Mixed-Use Districts (Design Guidelines) were
adopted by the City Council in 2004, after the City's mixed-use zoning districts were
created. The Design Guidelines reference the East Grand Avenue Enhancement Plan
(Enhancement Plan), which was drafted and circulated (but not formally adopted) in
2002, prig to creation of the City's mixed-use zoning districts.
The Design Guidelines provide site and building design requirements and architectural
concepts. The following excerpts pertain to the commercial development of Subarea 3:
Include specially treated pedestrian walkways to connect parking areas to
buildings.
Buildings should enclose streets, plazas or paseos and contribute to well defined
and walkable block. Building placement, streetscape elements and landscaping
each define the public realm. Consideration should be given to connectivity
between adjacent developments.
Projects should integrate porches, balconies, deck and seating areas that are
located to promote pedestrian use of the street edge by providing weather
protection, comfort security, and safety. Design shall incorporate handicap
Agenda Item 9.cr
Page 7
CITY COUNCIL
TPIVI 10-001 AND CUP '1 0-00
MARCH H 8, 2011
PAGE 8
accessible access, considerations for walkers e.g. lockers), bicyclists e.g. bike
racks) and transit patrons.
Parking shall be located away from East Grand Avenue and shared by multiple
owners /users.
The desired configurations and locations for off - street parking lots, in order of
preference, are:
Shared double - loaded aisle to side or rear of building partially on -site and
partially off -site on neighboring parcel;
Shared off -site or public parking lot within 500 feet;
Double- loaded aisle to side, rear, above or below building on -site.
Buildings shall be two to three stories, with active fronts e.g. articulated entries,
detailed facades). A three -story component may be appropriate within a project
located on a large lot and when it can be appropriately integrated considering
adjacent buildings and uses. The maximum height of a building should not
exceed 35 feet except if additional height is needed to accommodate a design
feature that contributes to both the character of the building and the surrounding
area, and if upper - floors are recessed and/or massing is well articulated. For
example, an additional story or tower element on a building at a key intersection
may delineate aw corner landmark building.
Ground floors should have clear articulation and a tall ceiling height e.g. 1-15
feet.), and have a high percentage fenestration (arrangement of windows /doors
40-60% of the facade). Awnings and overhangs are encouraged.
Emphasize three - dimensional detailing on fagades such as cornices, window
moldings, and reveals to cast shadows and create visual interest on the fa ade.
The purpose of the Enhancement Plan is to "define a design framework for both future
public improvements and further private developments that wfll enhance the functions
and aesthetics of this particular area [properties adjacent to East Grand Avenue] ". The
following objectives of the Enhancement Plan apply to the commercial development of
Subarea 3:
Provide for a diversity of retail and service commercial, offices, residential and
other compatible uses, in size and scale to fit the "rural setting and small town
character" of Arroyo Grande, without duplication of the function or character of
other commercial areas.
Agenda Item 9.c.
Page 8
CITY COUNCIL
TPM 10-001 AND CUP 10 -001
MARCH 8, 2011
PAGE 9
Plan for a revitalized East Grand Avenue Mixed-Use corridor that has less of a
strip commercial aspect and more consistent, coordinated mined -use boulevard
ambiance with district activity subareas: Highway, Midway and Gateway.
Include appropriate site planning and urban design amenities to encourage travel
by walking, bicycling and transit as well as automotive access, along the entire
corridor.
Promote development of buildings along a landscaped sidewalk frontage with
rear yard and side street parking. Include substantial landscaping and
treet cape improvements.
Propose functional design including specialized open space such as squares,
courtyards and plazas whose frequent use is encouraged through placement and
design such as proximity to public transit stops. Allow density bonuses and
shared or public parking reduction to increase development intensity and enable
more efficient utilization.
Propose designs for attractive streetscape including street trees and other
landscaping, building fa ade improvements, better signage and more consistent
and coordinated development design, including fearer driveways and
enhancement of off - street parking areas.
The proposed project appears to meet the goals and objectives of both the Design
Guidelines and Enhancement Plan, as required by Specific Plan Amendment 10 -001.
Specifically, the proposed project includes:
Two 2 outdoor patio areas on Pad A and two 2 outdoor patio areas on Pad ;
0 Three 3 tree islands bulb outs along East Grand Avenue;
Enhanced pavement in areas along East Grand Avenue;
Landscape buffer along East Grand Avenue, South Courtland Street and along
the East Gra nd Avenue driveway;
0 Enhanced pedestrian walkways throughout the site; and
0 Enhanced ADA access from Grand Avenue.
Additionally, the proposed project includes larger buildings than previously proposed
along the East Grand Avenue frontage and a fourth building has been added along the
South Courtland Street frontage to further enclose the street.
F i rim A nr•.P.
- rhe proposed project includes an emergency access driveway located on the eastern
side of the property that connects to Subarea 4. Access between the two subareas will
be controlled through the use of bollards or other method approved by the Fire Chief.
Agenda Item 9.c.
Page 9
CITY COUNCIL
TPM 10 -001 AND CUP 10-001
MARCH 8. 201'
PAGE 10
The proposed project complies with all applicable requirements of the California Fire
Code.
Landscaping/Open Space
The proposed project includes several landscaped areas and outdoor activity /plaza
areas, totaling 18,604 square -feet. This equates to an average of 1,721 square-feet for
every 5,000 square -feet of building area (Exhibit B, sheet P1 ).
Context Stud
Using aerial photography and the City's Geographic Information System (GIS), staff has
prepared a context study comparing the lot coverage of the proposed project to that of
existing developments in the Vicinity (Attachment 4). Based on the results of the context
study, the proposed project is consistent with existing developments along East Grand
Avenue, especially those that consist' of multiple retail corn mercial tenants with a clearly
defined anchor
Use vs. Tenant
Much of the previous public comment regarding the proposed project has focused on
identified /potential tenants, specifically the anchor tenant (Pad C). Although no tenant
is identified for Pad C at this time, the proposed use remains as a grocery store. One of
the required findings for approval of a Conditional Use Permit CUP is that the
proposed use is permitted within the subject zoning district — although the project site is
part of the Berry Gardens Specific Plan, the underlying zoning district remains Gateway
Mixed -Use GMU , which permits grocery store uses. The City cannot legally regulate,
prohibit or mandate specific tenants — it can only regulate uses. Furthermore, there is
nothing in the City's General Plan or Municipal code that restricts the number of grocery
stores within any given area.
ALTERNATIVES:
The following alternatives are presented for City Council consideration:
1. Adopt the attached Resolution, olution, approving Tentative Parcel Map 10-001 and
Conditional Use Permit 10 -001 as recommended b y the Planning Commission;
2. Modify and adopt the attached Resolution, olution, removing Condition of Approval ## 8 if
consistent with Specific Plan Amendment 10-001 action; or
3. Adopt the attached Resolution, olution, approving Tentative Parcel Map 10-001 and
Conditional Use Permit 10 -001 with the alternative site plan; or
4. Do not adopt the attached Resolution; or
5. Provide direction to staff.
ADVANTAGES:
Approval of Tentative Parcel Map 10 -001 and Conditional Use Permit 10 -001 will
generate additional sales tax revenue to the City and tax increment revenue to the
Redevelopment Agency. Approval will also accomplish economic development goals,
attract businesses that meet unmet community needs, create jobs and enhance the
Agenda Item 9.c.
Page 10
CITY COUNCIL
TP 1 10-001 AND CUP '1 -00'1
MARCH 8. 2011
PAGE 11
western gateway to the City, particularly through development of pedestrian - friendly
street -front commercial buildings. Staff believes the project complies with the City's
goals, policies, regulations and standards as set forth in the General Plan, Design
Guidelines for Mixed-Use - Districts, East Grand Avenue Enhancement Plan and
Development ent Code.
DISADVANTAGES:
A number of concerns have been expressed by both neighboring residential and
commercial property owners regarding negative impacts to their homes and businesses.
While staff does not believe the impacts exceed allowable levels, approval of the
proposed project will likely result in negative impacts that include increased
neighborhood traffic, truck delivery activity and emissions and stormwater runoff. It will
require widening of a portion of Courtland Street and modifications to the East Grand
Avenue median that will reduce landscaped areas. In addition, existing businesses may
be adversely impacted by new businesses that will be attracted to the project, which
could increase commercial vacancies.
ENVIRONMENTAL ONMENTAL F EVIEW:
In accordance with the California Environmental Quality Act (CE QA) Guidelines, staff
has conducted an initial Study and prepared a draft Mitigated Negative Declaration
ND for Specific Plan Amendment ent 1 g -001. Because the proposed project is
consistent with the project described in the MND prepared for Specific Plan Amendment
ent
10-001, no further environmental review is required, as the potentially significant
environmental impacts have been identified and reduced to a less than significant level
through the application of mitigation measures in the 11 ND. If the MND is not adopted,
the proposed project cannot be approved at this time.
PUBLIC NOTIFICATION AND COMMENTS:
A notice of public hearing was mailed to all property owners within Soo' of the project
site and also published in the Tribune on Friday, February 25, 2011. Aft achment
contains all public comment received since February 8, 2011.
Response to Public Comment
Based on the amount and content of public comment received to date regarding the
proposed project, it is clear that further clarification of several issues is necessary. Staff
has identified, listed and attempted to address these issues as follows:
1. The proposed project does not comply with the purpose and intent
of Municipal code section 16.36.010.
A. Provide arorfaeiy located areas for office arses, retail stores, service
establishments, and commercial mercial c rr m dities and services required by
residents of the city and the surrounding market area.
Agenda Item 9.c.
Page 11
CITY COUNCIL
TPM 10-001 AND CUP 10-001
MARCH 8,2011
PAGE '1
The proposed project is appropriately located on East Grand Avenue,
which is one of the City's three main commercial corridors (East and West
t
Branch Street being the other two). Land Use Policy LU 5 -10.1 targets the
project site for high - intensity mixed -use development. Furthermore, the
Design Guidelines and Standards for Mixed -Use Districts state that the
purpose of the Gateway Mixed -Use (GM U) design overlay district in
which the proposed project is located) is to provide the "continued
development of a larger scale store -front commercial gates area [than]
will accommodate buildings with a distinctive design on a larger scale than
elsewhere in the City ".
B. Encourage the concentration of office and commercial uses for the
convenience of the public and to secure a more mutually beneficial
relationship to each other.
The proposed project provides a concentration of commercial uses,
including a grocer, a restaurant, and retail convenient to both existing and
proposed residential development.
C. Provide adequate .space to meet the reeds of modem commercial
development. This includes off - street parking and loading areas.
The proposed project exceeds minimum standards for both off - street
parking Municipal Code Sections 16.56.050 and 16.56-060) and loading
areas Municipal Code Section 16.56.170).
D. Minimize traffic congestion and avoid the overloading of utilities by
preventing the construction of buildings of excessive size in relation to the
amount of land around them.
The proposed building sizes are consistent with existing commercial
development on East Grand Avenue based on lot coverage and floor area
ratio — both functions of building size in relation to the amount of land
around them.
E. Promote high standards of site planning, architecture and landscape
design for office and commercial developments within the city.
The proposed project includes many features described in and
recommended by the Design Guidelines for Mixed -Use Districts, including
outdoor seating areas, enhanced paving areas and greens.
F. Promote compact community design to enhance safety and reduce
auto travel by providing shopping services, jobs and housing in proximity.
Agenda Item 9.c.
Page 12
CITY COUNCIL
TPNI 10-001 AND CUP 10-001
MARCH CH , 2011
PAGE 13
The proposed - project provides shopping services to both existing and
planned housing in proximity to the project site.
2. The proposed project does not comply with !Municipal Code Section
16-36.030(E).
Municipal Code Section 16.36.030E requires commercial and mixed-use
projects to provide 200 square -feet of publicly accessible open space
(exclusive of parking and driveway areas) for every 5,000 square -feet of
office or commercial building area. The proposed project includes a total
of 55,053 square -feet of commercial building area, requiring a total of
2,202 square -feet of publicly accessible open space (55,053 5 *
200). Land Use Policy LU -11.3 states that development in mixed-use
corridors provide functional design including of specialized open space.,
such as squares, courtyards and greens woe -frequent use is
encouraged through placement and design, such as in proximity to public
transit stops. The "green" adjacent to the bus turnout totals 2,357 square -
feet. Therefore, even if all outdoor seating areas are excluded, the
proposed project complies with Municipal Code Section 16.36.030(E).
3. The proposed project cannot adequately accommodate truck
deliveries.
Please refer to "Truck Circulations' above.
4. The project site cannot support a grocery store use due to truck
delivery and storage space requirements.
Please refer to "Truck Circulation" above. The proposed project includes
a screened area for both trash and storage of recyclable materials.
Attachments Attachments 1-7 previously distributed to City Council and on file at City
Hall and on the City's website):
1. City Council Minutes, November g, 201
2. ARC meeting notes, December 6, 2010
3. Draft Planning Commission meeting minutes, December 7, 201
4. Context Study
5. Public comment
6. Public comment received since January 25, 2011
7. Commercial loading /storage area comparison
8. Alternative site plan
g. Public comment received since February 8, 2011
10. Pedestrian access plans (proposed and alternative project)
Agenda Item 9.c.
Page 13
RESOLUTION NO.
A RESOLUTION of THE CITY COUNCIL of THE CITY of
ARROYO GRANDE APPROVING 1NG TENTATIVE PARCEL
MAP 10-001 AND CONDITIONAL USE PERMIT 110-0011;
LOCATED AT THE SOUTH WEST CORNER of EAST
GRAND AVENUE AND SOUTH COURTL.AND STREET;
APPLIED FOR BY NRT COMMERCIAL
WHEREAS, EAS, the developer has filed Tentative Parcel Map 10-001 and Conditional Use
Permit 10-001 to subdivide 4.47 acres into four 4 parcels and construct four 4
commercial buildings; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has adopted a
Resolution olution recommending that the City council approve Tentative Parcel M 10 -001
and Conditional Use Permit 10-001; and
WHEREAS, the City Council of the city of Arroyo Grande has reprieved this project in
compliance with the California Environmental Quality Act CE A , the State CE QA
Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CE QA
and has found that the project is consistent with the Mitigated Negative Declaration as
adopted for Specific Amendment 10-00 1; and
WHEREAS, EAS, the City Council of the City of Arroyo Grande has reviewed the project at a
duly noticed public hearing n March , 2011; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Tentative Parcel Map Findings:
The proposed Tentative Parcel Map is consistent with goals, objectives,
policies, plans, programs, intent and requirements of the Arroyo Grande
General Plan, as well as any applicable Specific Plan, and the
requirements of this title.
The proposed Tentative Parcel Map is consistent with the Arroyo Grande
General Plan and subdivision development standards for Subarea 3 of the
Berry Gardens Specific Plan.
2. The site is physically suitable for the type of development proposed.
The site is physically suitable for the proposed development of four 4
commercial buildings, hich great all applicable development standards
for Subarea 3 of the Berry Gardens S eci is Plan.
3. The site is physically suitable for the proposed density of development.
Agenda Item 9.c.
Page 14
RESOLUTION NO.
PAGE
The proposed development meets minimum standards for lot size for
Subarea 3 of the Berry Gardens Specific Plan.
4. The design of the Tentative Parcel flap or the proposed improvements
are not likely to cause substantial environmental damage or substantially
and avoidably injure fish or wildlife or their habitat.
There is nothing relating to the design of the Tentative Parcel Map to
indicate that it will cause any environmental damage or that it would injure
fish or wildlife or their habitat.
5. The design of the subdivision or type of improvements is not likely to
cause serious public health problems.
There is nothing relating to the design of the subdivision to indicate that it
will cause serious public heath problems.
6. The design of the Tentative Parcel Map or the type of improvements will
not conflict with easements acquired by the public at large for access
through, or use of, property within the proposed Tentative Parcel Map or
that alternate easements for access or for use will be provided, and that
these alternative easements will be substantially equivalent to ones
previously acquired by the public.
There is nothing relating to the design of the Tentative Parcel Map to
indicate that it will conflict with any public access easements.
7. The discharge of waste from the proposed subdivision into an existing
community sewer system will net result in violation of existing
requirements as prescribed by Division (commencing with Section
13000) of the California Water Code.
The community munit sewer system has adequate capacity to accommodate a the
proposed subdivision.
8. Adequate public services and facilities exist or will be provided as the
result of the proposed Tentative Parcel Map to support project
development.
The proposed Tentative Parcel Map will not burden existing public
services which are adequate to support project development.
Agenda Item 9.c.
Page 15
RESOLUTION Igo.
PAGE
Conditional Use Permit Findings*
'I. The proposed use is permitted within the subject district pursuant to the
provisions of this section and complies with all the applicable provisions of
this title, the goals, and objectives of the Arroyo Grande General flan,
and the development policies and standards of the City.
The propose} commercial uses are permitted within Subarea y way of
the Gateway Mixed-Use M zoning district) of the Berry Gardens
Specific Plan and complies with all applicable Mu nicipal Code
re quirements., the goals and objectives of the General Plan (Lard Use
Policies L -2 and L 5-10.1) and the development policies and
standards of the city.
2. The pro use would not impair the integrity and character of the
district in which it is to be established or located.
The proposed commercial cial uses are consistent and compatible with the
Gateway Mixed-Use GM U) zoning district.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The proposed development is below maximum lot coverage and door area
ratio FA standards set forth for commercial ial deg elopment in Subarea 3
of the Berry Gardens Specific Plan.
4 There are adequate provisions for water, sanitation, and public utilities
and services to ensure public health and safety.
Adequate capacity for water, sanitation and public utilities and services
exist to serge the project; therefore, public health and safety will not be
impacted.
5. The proposed use will not be detrimental to the public health, safety or
welfare or materially injurious to properties and im in the
vicinity.
The pmposed use will not be detrimental to the public health., safety or
welfare nor would it be materially injurious to properties and improvements
in the vicinity.
Agenda Item 9.c.
Page 16
RESOLUTION NO.
PAGE
NOW, THEREFORE, E, E IT RESOLVED 1ED that the City Council of the City of Arroyo
Grande hereby approves Tentative Parcel Neap 10-001 and Conditional Use Permit 10-
001 Fr ith the above findings and subject to the conditions as set forth in Exhibit "A"
attached hereto and incorporated herein by this reference.
On motion by Council Member , seconded by Council Member , and by the
following roll call Grote, to wit:
AYES:
TOES:
ABSENT:
the foregoing Resolution olution era adopted this 8 day of Larch, 2011,
Agenda Item 9.c.
Page 17
RESOLUTION I .
PAGE
TONY F Ef RARA, MAYOR
ATTEST:
KELLY 11ETMO E, CITY CLERK
APPROVED AS TO CONTENT:
T:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 9.c.
Page 18
RESOLUTION No.
PAGE 8
EXHIBIT 'A'
CONDITIONS of APPROVAL.
TENTATIVE PARCEL MAP 10-001
AND CONDITIONAL USE PERMIT 10-001
SOUTHWEST EST CORNER of
EAST GRAND AVENUE AND
SOUTH COURTL AND STREET
This approval authorizes the subdivision of 4.47 acres into four parcels and the
construction of four commercial buildings.
GENERAL CONDITIONS:
1. The developer shall ascertain and comply with all Federal, State, County and
City requirements as are applicable to this project.
2. The developer shall com ply with. all conditions of approval for Tentative Parcel
Map 10-001 and conditional Use Permit 10 -001
3. Development shall occur in substantial conformance with the plans presented to
the city council at its meeting of March 8, 2011 (Exhibit " ".
4. The developer shall, as a condition of approval of this tentative or final map
application, defend, indemnify and hold harmless the city of Arroyo Grande, its
present or former agents, officers and employees from any claim, action, or
proceeding against the city, its past or present agents, officers, or employees to
attack, set aside, void, or annul city's approval of this subdivision, which action is
brought within the time period provided for by law. This condition is subject to
the provisions of Government code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
PLANNING DIVISION:
SPECIAL CONDITIONS
5. The developer may mod ify the approved site plan to increase the size of any
commercial building located along East Grand Avenue, provided that the total
square footage of the project does not exceed 58,500 square -feet and no
individual building exceeds 37,500 square -feet, subject to review by the
Architectural Revie w Committee and approval of the Director of community
Development.
6. Prior to recordation of the final map, the developer shall submit the language for
a fifteen 1 foot access, drainage and landscape easement for the benefit of
both Subareas, subject to review by and approval of the Director of Community
Agenda Item 9.c.
Page 19
RESOLUTION NO.
PAGE
Development.
7. Prior to issuance of a building permit, the developer shall provide an easement
for the benefit of the Regional Transit Authority (FTA) for a bus shelter located
on Parcel 2, to be reviewed and approved by the F TA.
8. The site plan shall be reprised to relocate the curb return on the southwestern
corner of East Grand Avenue and south Courtland street six feet to the guest
in accordance with specific Plan Amendment 10-001.
g. The site plan shall be revised to include a visual /physical barrier on south
Courtland Street between Subareas 1 and 4 in accordance with Specific Plan
Amendment 10-001.
ENGINEERING DIVISION:
SPECIAL CONDITIONS
10. Provide the recorded documents that created the lot to be subdivided.
11. Verify that the existing lift station in Tract 2260 has adequate capacity to serve
the proposed development. If not, design and fund the upgrade or the lift station
to the satisfaction of the Community Development Director.
12. All on -site server lines shall be noted as "private ".
13. Extend the ' server line in Courtland Street to serve the project (connection to
the Grand Avenue server line is impeded by existing water and gas lines).
14. The " water main loop through the project site shall be located in a 15' wide
water main easement.
15. Remove and replace any damaged curb, gutter, and sidewalk on the Grand
Avenue frontage.
16. Dedicate 1 feet of right -of -way on South Courtland Street.
17. Install full frontage improvements (including street widening, curb, gutter,
sidewalk, landscaping and street- lighting) on South Courtland Street to City
Standards. No on- street parking shall be allowed on South Courtland Street.
18. Implement LID BMPs into the project design to the extent practicable, as
determined by the Director of Community Development.
19. Prig to issuance of a grading permit, the developer shall reimburse the
Agenda Item 9.c.
Page 20
RESOLUTION ISO.
PAGE
Redevelopment pment Agency for the proportionate costs associated with expansion of
the Poplar Pnding Basin.
2. Prior to issuance of a grading permit, the developer shall submit two 2 copies of
the final project - specific Water Quality Management Plan g MP consistent
with San Luis Obispo Regional nal gater Quality Control Board SL F g CP
requirements.
21. Underground all overhead utilities along the project frontage per City standards.
GENERAL AL CO DITI NS
22. 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
Parks, Recreation n and Maintenance.
23. Perform construction activities during normal business hours (Monday through
Friday, 7 A.M. to P.M. ) for noise and inspection purposes. The developer or
contractor shall refrain from performing any work other than site maintenance
outside of these hours, unless an emergency arises or approved by the Director
of Public Works. The City may hold the developer or contractor responsible for
any expenses incurred by the City due to work outside of these hours.
IMPROVEMENT PLANS
2. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
2. Submit four full -size paper copies and one 1 full -size mylar copy of
approved improvement plans for inspection purposes during construction.
2. Submit as -built plans at the completion of the project or improvements as
- directed by the Director of Parks, Recreation n and Maintenance.
2. One 1 set of mylar prints and an electronic version on CD in AutCAD format
shall be required.
2. The following Improvement plans shall be prepared by a registered Civil
Engineer and approved by the Public W Department:
a. Grading, drainage and erosion control,
b. Street paging, 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 Parks, Recreation
n
Agenda Item 9.c.
Page 21
RESOLUTION I NO.
PAGE 9
and Maintenance.
29. The site plan shall include the following:
a. The location and size of all existing and proposed grater, severer, and storm
drainage facilities within the project site and abutting streets or alleys.
b. The location, quantity and size of all existing and proposed severer laterals.
C. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the
property.
e. The location and dimension of all existing and proposed pared areas.
. The location of all existing and proposed public o p rivate utilities.
30. Improvement plans shall include plan and profile of existing and proposed
streets, utilities and retaining walls.
31. Landscape and irrigation plans are required for landscaping within the public
right o way, and shall be approved by the Community munity evel ment and Parks
and Recreation and Maintenance Departments. In addition, The Director of
Parks, Recreation and Maintenance shall approve any landscaping o irrigation
within a public right of way or otherwise to be maintained by the City.
IlAT E R
32. Construction water is available at the corporate yard. The City o Arroyo Grande
does not allow the use of hydrant meters.
33. The developer shall complete measures to neutralize the estimated increase its
water demand created by the project by either:
Implement an individual water program consisting of retrofitting existing off -site
high-flow plumbing fixtures with burr flow devices. The calculations shall be
submitted to the Director of Parks, Recreation and Maintenance for review and
approval. The proposed individual water program shall be submitted to the City
Council for approval prior to implementation; OR,
The developer may pay an in lieu fee.
SEWER
3. All severer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
PUBLIC UTILITIES
35. Underground all new public utilities in accordance with Section 16.68.050 of the
Agenda Item 9.c.
Page 22
RESOLUTION N .
PAGE 1
Development Cole.
36. Submit all improvement plans to the public utility companies for approval and
comment. Utility comments shall be forwarded to the Director of Community
Development for approval.
37. Perform all grading in conformance with the City Grading Ordinance.
38. Submit a p reliminary 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.
39. Submit all retaining wall calculations for review and approval by the Director of
Community Development for walls not constructed per City standards.
1AIfAE
40. All off -site drainage facilities shall be designed to accommodate a 1 00-year
storm flow. The developer s hall provide calculations to verify that the Poplar
P nding Basin can accommodate post-development storm flow from the project.
1. All drainage facilities shall be in accordance with the Drainage Master Plan.
DEDICATIONS A l EASEMENTS
2. All easements, abandonments, o similar documents to be recorded as a
document separate from a map, shall be prepared by the developer n 8 1/2
11 City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. "rhe developer shall be
responsible for all required fees, including any additional required City
processing.
3. Obtain an encroachment permit p rior t 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 gray,
d. Storing equipment in the City right of way.
44. Obtain a grading permit prior to commencement o any grading operations on
site.
Agenda Item 9.c.
Page 23
RESOLUTION NO.
PAGE I I
FEES
4. Pay all required City fees at the time they are dine (for your information, the
" Procedure for Protesting Fees, Dedications, Reservations or Exactions" is
provided below.
4. eater [deter, service main, distribution, and availability fees, to be based on
codes and rates in effect at the time of building permit issuance.
4. eater neutralization fee, to be based on odes and rates in effect at the time of
building permit issuance.
4. Traffic Impact fee, to be based on odes and rates in effect at the time of
building permit issuance.
49. Traffic Signaliation fee, to be based on codes and rates in effect at the time of
building permit issuance.
o. Seeger hoot -up & facility Permit fees, to be based on odes and rates in effect at
the time of building permit issuance.
1. Drainage fee, as required by the area drainage plan for the area being
developed.
2. Building Permit fees, to be based on odes and rates in effect at the time of
building permit issuance.
53. Strong [lotion Instrumentation Program S IP fee, to be based on odes and
rates in effect at the time of building permit issuance in accordance with State
mandate.
4. Fire Protection fee, to be based on codes and rates in effect at the time of building
permit issuance.
55. Police Facilities fee, to be based on codes and rates In effect at the time of
building permit issuance.
56. Fees to be paid prior to plan approval:
a. Plan check for grading plans based on an approved earthwork estimate.
b. Plan check for improvement plans based on an approved construction
cost estimate.
C. Permit Fee for grading plans based on an approved earth work estimate.
d. Inspection fee of public works construction plans based on an approved
construction cost estimate.
Agenda Item 9.c.
Page 24
RESOLUTION No.
PAGE 12
PROCEDURE E FOF PROTESTING FEES, DEDICATIONS, F ESEF A - nONS OF
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:
'I Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City council, which notice shall contain all of
the following information :
a A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the city council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision A shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision A may file an action to
attack, revie w, set aside, gold, 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.
( 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 Dried on a specific
development.
AGREEMENTS
57. Inspection Agreement: Prior to approval of are improvement plan, the developer
shall enter into are agreement with the city for inspection of the required
Agenda Item 9.c..
Page 25
RESOLUTION NO.
PAGE 1
improvements.
ents.
IMPROVEMENT SECURITIES
66. All improvement securities shall be of a form as set forth in Development Code
Section 16.66.090, Improvement Securities.
Submit an engineer's estimate of quantities for public improvements ent for review
by the Director o f Community Development.
60. Provide financial security for the following, t be based upon a construction cost
estimate approved by the Director of Community Development:
a. Faithful Performance: 100% of the approved estimated cost of all project
im provements,
b. Labor and Materials: 0% of the approved estimated cost of all project
im
C. One Y ear Guarantee: 10% of the approved estimated cost of all project
improvements. This security is required prior to acceptance o f the project
improvements.
PRIOR TO ISSUING A BUILDING PERMIT
61. The Public Works plans shall be approved by the Assistant City Engineer.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANC
62. All utilities shall be operational.
63. All essential project improvements ents shall be constructed prior to occupancy. Non-
essential impr vements, guaranteed by an agreement and financial securities,
may be constructed after occupancy as directed by the Director o f Community
Development.
64. The applicant shall provide evidence of joint use of common parking facilities by
a proper legal agreement approved by the City Attorney.
BUILDING 1IS:
65. Comply with the latest adopted Californian Codes.
66. Obtain County of San Luis Obispo Health Department approval w here required.
FIRE DEPARTMENT:
67. The number and location of all required fire hydrants shall be determined by the
Agenda Item 9.c.
Page 26
RESOLUTION NO.
PAGE 1
Fire Chief.
68. Installation of an NFP ► 13 system shall be required for all commercial buildings.
9. Address number shall be Arabic numerals or Alphabet Letters. Numbers shall be
a minimum of 4 inches high with a minimum stoke width of o. 5 inch in residential
commercial zones.
70. All driveways shall be designated and posted as "Fire Lane, No Parking All
designated fire lanes shall be red striped with the words FIFE LANE stenciled
every 50 feet.
71. As per CFC 503.2.3, the driveway shall be designed and maintained to support
the imposed loads of fire apparatus (75,000 pounds minimum.
7. Prior to delivery of combustible building materials on-site, the hydrants and water
system shall pass all required tests and be connected to the public water system.
73. Prior to construction of combustible materials, an all - weather surface shall be in
place to provide adequate access for emergency vehicles. The surface shall be
of sufficient thickness to support the imposed load of a fire apparatus. The
access for use of firefighting equipment shall be provided to the immediate job
construction site at the start of construction and maintained at all time until
construction is completed.
4. The water system for the project shall be looped, either as a stand -alone system
or in conjunction with Subarea 4.
RECREATION EATIOI AND MAINTENANCE AI CE SEF ICES:
75. A final landscape plan shall be submitted to the Director of Recreation and
Maintenance Services for review and approval prior to the issuance of a building
pe
POLICE DEPARTMENT:
1ENT:
7. A final lighting plan and all proposed safety measures shall be submitted to the
Police Department for review and approval prior to the issuance of a building
permit.
77. The rear of any building along the southern property line shall incorporate graffiti -
resistant material.
Agenda Item 9.c.
Page 27
RESOLUTION No,
PAGE 1
PLANNING COMMISSION:
78. All trash receptacles shall be screened.
g. The site plan shall be reprised to include one 1 additional tree in front of Paid B.
MITIGATION MONITORING PROGRAM:
MM 111 -1: The following conditions shall be included on all construction plans and
adhered to for all construction - related permits:
Reduce the amount of disturbed area where possible.
Use water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site. Increase watering frequency when
wind speeds exceed 1 KPH. Reclaimed (non - potable) water shall e_
used whenever possible.
All dirt stockpile areas should be sprayed daily or as needed.
Permanent dust - control measures identified in the approved
revegetation landsca pe plans should be implemented as soon as possible
following completion of any soil- disturbing activities.
Exposed ground areas that are planned to be reworked more than one 1
month after initial grading should be sown with a fast- germinating native
grass seed and watered until vegetation is established.
All disturbed soil areas not subject to revegetartion should be stabilized
using approved chemical soil binders, jute netting or other methods
approved in advance by the Air Pollution control B oard APCD .
All roadways, driveways, sidewalks and other areas to be pared should
be completed as soon as possible. In addition, building pads should be
laid as soon as possible after grading unless seeding or soil binders are
used.
Vehicle speed for all construction vehicles shall not exceed 1 MPH on
any unpaged surface at the construction site.
All trucks hauling dirt, sand, soil or other loose materials are to be covered
or shall maintain at least two 2 feet of freeboard (minimum vertical
distance between top of load and top of trailer) in accordance with c c
Section 23114.
Wheel-washers shall be installed where vehicles enter and exit unpaged
roads onto streets or wash off trucks and equipment prior to leering the
construction site.
Streets shall be swept at the end of each day, if visible soil material is
carried onto adjacent paved roads. Water sweepers with reclaimed (non-
potable) water should be used where feasible.
The contractor /builder shall designate a person or persons to monitor and
implement these measures as necessary to minimize dust complaints,
Agenda Item 9.c.
Page 28
RESOLUTION I Flo.
PAGE +1
reduce visible emissions below 20% opacity and to prevent the transport
of dust off -site. The name and telephone number of such persons shall
be provided to the Air Pollution Control District APCD prior to the start of
any construction- related activities.
Staging and queuing areas shall not be located within 1 ,000 feet of
sensitive receptors.
Diesel idling within 1 ,000 feet of sensitive receptors shall not be permitted.
Use of alternative - fueled equipment is recommended whenever possible.
Signs that specify the no idling requirement shall be posted and enforced
at the construction site.
1iM III -2: Prior to any grading activities, the project sponsor shall ensure that a
geologic evaluation is conducted to determine if naturally occurring asbestos
iA is present within the area that will be disturbed. If iA is not present, an
exemption request must be filed with the APCD. If iA is found at the site, the
applicant must comply with all requirements outlined in the Air Resource Board
(ARB)Air Tonics Control Measure ATCII for Construction, Grading, Quarrying
and Surface Mining Operations.
MM III -3: All portable equipment o horsepower or greater) used during
construction must be issued a permit by either the CARIB or the APCD.
1I11II 111-4: should hydrocarbon- contaminated soil be encountered during
construction activities, the APCD shall be notified within forty -eight hours of
such contaminated soil being discovered to determine if an APCD permit is
required. In addition, the following measures shall be implemented immediately
after contaminated soil is discovered:
Covers on storage piles shall be maintained in place at all times in areas
not actively involved in soil addition or removal.
Contaminated soil shall be covered with at least sic inches of packed,
uncontaminated soil or other - rPH — non - permeable barrier such as plastic
tarp. No headspace shall be allowed where vapors could accumulate.
Covered piles shall be designed in such a way as to eliminate erosion duce
to wind or grater. No openings in the covers are permitted.
a During soil excavation, odors shall not be evident to such a degree as to
cause a public nuisance.
Clean soil must be segregated from contaminated soil.
11IIM 111- 5: operation of any commercial building with a loading area shall include
the establishment of a `no idle' zone for diesel - powered delivery vehicles.
Vehicle idling shall be minimized to the maximum extent feasible using the
following techniques:
Agenda Item 9.c.
Page 29
RESOLUTION No.
PAGE 1
0 Each delivery vehicle's engine shall be shut off immediately after arrival in
the loading dock or loading area, unless the vehicle is activel
maneuvering.
0 The scheduling of deliveries shall be staggered to the maximum extent
feasible.
0 Vehicle operators shall be made aware of the 'no idle' zone, including
notification by letter to all delivery companies.
0 Prominently lettered signs shall be posted in the receiving dock area to
remind drivers to shut off their engines.
0 Diesel idling within 1,000 feet of sensitive receptors is not permitted.
0 Use of alternative- fueled vehicles is recommended whenever possible.
Staging and queuing areas shall not be located within 1,000 feet of
sensitive receptors.
MM 11 -1: Any areas where nature (non - stockpiled) soil will be disturbed b
construction activities (grading, footings, utilities, etc) shall first be inspected by a
qualified archeologist to determine if any cultural resources are present. If
cultural resources are present, a phase two archeological study shall be
conducted by a qualified archeologist and further mitigation measures identified
and implemented.
MM VIA: The project proponent shall submit a reprised geotechnical study or
addendum to the original study that either states that all conclusions and
recommendations in the original report are valid or, if the original conclusions
and recommendations are not valid, includes updated conclusions and
recommendations where necessary.
MM VI-2: All construction plans shall incorporate the recommendations of and
updated geotehnical study based on the study prepared for the project by GSI
Soils Inc. dated April 2006.
MM 1111 -1: All construction plans shall reflect the following GHG- reducing
measures where applicable. Prior to issuance of building permits, the project
sponsor shall submit impact reduction calculations based on these measures to
the APCD for review and approval, incorporating the following measures:
Incorporate outdoor electrical cutlets to encourage the use of electric
appliances and tools.
Provide shade tree planting in parking lots to reduce evaporative
emissions from parked vehicles. - Design should provid 0% tree
coverage within 10 years of construction using low ROG emitting, low
maintenance nature drought resistant trees.
No residential wood burning appliances.
Provide employee lockers and showers. One shower and 5 lockers for
every 25 employees are recommended.
Agenda Item 9.c.
Page 30
RESOLUTION o.
PAGE 1
Trusses for south - facing portions of roofs shall be designed to Dandle
dead weight loads of standard solar- heated grater and photovoltaic
panels. Roof design shall include sufficient south- facing reef surface,
based on structures size and use, to accommodate adequate solar
panels_ For south facing roof pitches, the closest standard roof pitch to the
ideal average solar e shall be used.
Increase the building energy rating by 20% above Title 24 requirements.
Measures used to reach the 20% rating cannot be double counted.
Plant drought tolerant, native shade trees along southern e of
buildings to reduce energy used to cool buildings in summer.
Utilize green building materials (materials which are resource efficient,
recycled, and sustainable) available locally if possible.
Install high efficiency Keating and cooling systems.
Design building to include roof overhangs that are sufficient to block the
high summer sure, but not the lower winter sun, from penetrating south
facing windows (passive solar design).
Utilize high efficiency gas or solar water heaters.
Utilize built -in energy efficient appliances i.e. Energy Star 8).
Utilize double -paned windows.
Utilize lour energy street lights i.e. sodium).
Utilize energy efficient interior lighting.
Install energy - reducing programmable thermostats.
0 Use roofing material with a solar reflectance values meeting the EPA/DOE
Energy Star@ rating to reduce summer cooling needs.
Eliminate high grater consumption landscape e.g., plants and lawns in
residential design. Use native plants that do not require watering and are
lover ROG emitting.
Provide on -site bicycle parking both short term (racks) and long term
(lockers, or a locked room with standard racks and access limited to
bicyclist only) to meet peak season maximum demand. One bike rack
space per 10 vehicle /employee space is recommended.
Require the installation of electrical hookups at loading decks and the
connection of trucks equipped with electrical hookups to eliminate the
need to operate diesel - powered TRUs at the loading docks.
Provide storage space in garage - for bicycle and bicycle trailers, or
covered racks lockers to service the residential units.
MM II -1: The following BMPs shall be incorporated into the project:
Roof Downspout System. Direct roof drains to pervious areas to allow
infiltration prior to discharging to grater bodies or the municipal storm drain
system.
Faun -off control. Maintain post - development peak runoff rate and average
volume of runoff at levels that are similar to pre - development levels.
Agenda Item 9.c.
Page 31
RESOLUTION 1 .
PAGE '19
Labelin-q and Maintenance of Storm Drain Facilities Label new storm
drain inlets with "No Dumping — Drains to Ocean to alert the public to the
destination of stcrmwater and to prevent direct discharge of pollutants into
the storm drain.
V ehicle/Equipment Cleanin . Commercial /industrial facilities o multi -
family residential developments of 50 units o greater should either
provide a covered, bermed area for washing activities o discourage
vehicle equipment washing by removing hose bibs and installing signs
prohibiting such uses. Vehicle /equipment washing areas shall be paved
designed to prevent run-on o run off from the area, and plumbed to drain
to the sanitary sewer.
Car Washing Commercial car wash facilities shall be designed and
operated such that no runoff from the facility is discharged to the storm
drain system. Wastewater from the facility shall discharge to the sanitary
sewer or wastewater reclamation system.
Common Area Later Control. Implement trash management and litter
control for commercial and industrial projects or large -scale residential
developments to prevent litter and debris from being carried to water
bodies or the storm drain system.
Food Service - Facilities. Design food service facilities (including
restaurants and grocery stores) to have a sink o other area for cleaning
floor mats, containers, and equipments that is connected to a grease
interceptor prior to discharging to the sanitary sewer system. The
cleaning area should be large enough to clean the largest mat or piece of
equipment to be cleaned.
Refuse Areas Trash compactors, enclosures and dumpster areas should
be covered and protected from roof and surface drainage. Install a self-
contained drainage system that discharges to the sanitary sewer if water
cannot be diverted from the areas.
Outdoor Storage Controls. Oils, fuels, solvents, coolants, and other
chemicals stored outdoors must be in containers and protected from
drainage by secondary containment structures such as beans, liners,
vaults o roof covers and/or drain to the sanitary sewer system. Bulk
materials stored outdoors must also be protected from drainage with
berms and corers. Process equipment stored outdoors must be
inspected for proper function and leaks, stored on impermeable surfaces
and covered. Implement a regular program o f sweeping and litter control
and develop a spill cleanup plan for storage areas.
Agenda Item 9.c.
Page 32
RESOLUTION NO.
PACE
Cleaning, Maintenance and Processinq Controls. Areas used for
washing, steam cleaning, maintenance, repair or processing must have
impermeable surfaces and containment berms, roof corers, recycled
water wash facility, and discharge to the sanitary sewer. Discharges to
the sanitary sewer may require pretreatment systems and/or approval of
an industrial waste dis permit.
Loading Dock Controls Design loading docks to be c overed, surrounded
by berms or curbs, or constructed to prevent drainage onto or from the
area. Position roof downspouts to direct stormwater agar from the loading
area. dater from loading dock areas shall be drained to the sanitary
sewer, or diverted and collected for ultimate discharge to the sanitary
sewer. Door skirts between the trailers and the building should be
installed to preve exposure of loading activities to rain.
Street parking lot Sweepin : Implement a program to regularly sweep
streets, sidewalks and parking lots to prevent the accumulation of litter
and debris. Debris resulting from pressure washing should be trapped
and collected to p revent entry into the storm drain system. Washwater
containing any cleaning agent or degreaser should be collected and
discharged to the sanitary sewer.
IIIIM XII -1: All store deliveries shall be restricted to between the hours of 7:00 AM
to 10:00 Phil, and the current parking limitations on either side of South
Courtland Street shall be maintained.
IIIIM x11-2: Construction plans for any store located along the rear of Subarea 3
shall include a noise barrier, either a block gall or an extension of the store
building, to be not less than t welve 1 feet above the delivery area, tapering to
a height of six at the eastern property line (back of sidewalk) at a 1:1 ratio.
Additionally, any residential structures that, absent the noise barrier, would have
a direct line of sight to the delivery area shall include acoustical treatment to
reduce exterior noise levels by thirty 3 decibels, the cost of which shall be
borne by the developer of the store.
MM xVI -1: The East Grand Avenue median located between Courtland Street
and Elm Street shall be reconstructed to accommodate an adequate length left-
turn pocket (East Grand Avenue to South Courtland Street) in accordance with
the final queuing analysis prior to operation of any commercial use on Subarea
3.
Agenda Item 9.c.
Page 33
Go
z
Lu
w
I--1
z
J
E1
SUMMARY
PARKING
TOTAL SF I REQUIRED
� M
MW ARCHfiECTS INC
nFILhITEGT1,
MI{;HAEL [. F1 =ACHE
INA'f'4 k 91,1Aa1
224 PP )O R0..A7, 'i1.1I : 1,
a!N L'JI5 0@16 PO C a
TEL ra ,', mad -] 1 '
FAD A-FUTURE RETAJL 11,.300 SF 2i.2 SPACES
PAD B•RES4TAUFt+kW 6,767 SF 27.1 SPACES
DINING 5.3005F
cys PAD C•RE 3$.100 SF 144 -d SPACES
PAD 0 - RETAIL 5.683 $F 22.73 SPACES
TOTALS 33.8JO GROSS SF- 215 -$8 SPACES REQUIRED
T07AL SITE 164.431 1• SF 172.34 SPACES REQIJIRED
W$'1'Fi 20% REDUCTION
203 SPACES PROVIDED SPACM
CAR COUIVAL.EW R SEC, 16.56.060
21 1 EQUIVALENT SPACES PROVIDED
•
33 #PACES OVLRPARKED
w U
U W
w
5 a
a. z
a
w
Z
50
I M >11111
Ir 0
Z) m
0
u l<
REF
0 30, 601
RELIMINARY ITE LAN I IT ` 60II1
GRAND AVENUE
m El
--------- - - - - -- _ a -. - -- ------ ____ -� - - -�
ATTACHMENT
PUBLIC COMMENT RECEIVED SINCE 0210812011
Agenda Item 9.c.
Page 35
January , 0 l 1 E 'D` 3
City Cou
City o Arroyo Grande
14 E. Branch Street
Arroyo Grande, CA 93420
RF,: Courtland Plaza, Cit Application 10 #001 B erry Gardens Sp eci fic .Plan
A mendment, Tentative Map, and Conditional Use Permit.
Dear Council members,
I am Not in favor of the Courtland Plaza r ,4 et as presented for the following reasons:
I ntense grocery market et use which creates additional tra is through our
neighborhood
(A Trucks anticipated to stage and drive through our neighborhood
0 Safety of edestn'ans at crosswalks and Pedestrian paths with proposed semi-
trucks
E) Lack of req op en space plaza as d efine d by the GMU site development
standard table 1 6.36.020 and illustrated by exhibit 13 of page 22 o f East Grand
Avenue Enhancement Plan
(Z Lack of p lanned detention structures for storm grater resulting in increased
flooding
CZ Primary entrance off Court[and
E) Not keep with the current Land Use Policies, General Plan, Noise Element
specific requirements for Gateway Mixed Use development, cohesiveness to the East
Grand Avenue Enhancement Plan, and Economic Development Element. (LU5-1, LU5-
Lt 5 -6, L U 7 -8, N3 -1, 41.1, Sechfon 16.15.050 A G Municipal Cod
I urge council to have the proj re designed to insure m y concerns have been met along
with making sure that a thoughtful, well designed project for our community is in keeping
w ith our city's current adopted policies.
Sincerely, -<, U
Ci
GIs. dh � f�f T ;
365 S. E(m t., Apt, ,
Arroyo Grande, CA 93420-3764
i
Pa e 36
To: Arroyo Grande City Council
From : Barbara white, Berry Gardens resident
Date: Febnuury 10, 2 011
Subject: February 8th City Council Meeting
FE,-) I L J". 2: 3 3
1 thought Mayor Piro Tem Caren Ray did a wonderful job under the cimunistances. She
was patient, courteous, and determined that everyone that wanted to speak on the subject
of the Courtl.and Plaza proposal had that opportunity.
When we arrived the only seating available was in the front row, close the staff table. It
gave me an up close observance of staff and their responses to Councilman Brown's
questions on proposal fees and other questions and concerns.. It is obvious that they have
spent manor hours working on this project. It is their job to make sure any proposal meet
the guidelines established by the city of Arroyo Grande. I'm sure they would like to see
the project successfully completed. As residents of the city, we would like to see a
successful project as well.
We as a neighborhood were slow to come to the table for discussions,. 1 for one have
the many successful projects the city has done. Architectural design and site
developments have been wonderful. So 1 guess I busted that any commercial
development at Grand and Courtland would be equally as wonderful. We have all
learned that we should have been paying better attention.
We are not adversaries. All of us want good things for Arroyo Grande. We are proud to
say we live in Arroyo Grande. We are concerned and hope that council and staff are as
equally concerned about this proposal because once it is built we are going to have to live
with it for a long time.
I hope that staff does net find our specific concerns troublesome. They are trying to meet
the needs of the developer, People's Self Help Mousing, and our neighborhood. People's
Self Help Housing has a time line for their funding. The corn unity needs that type of
housing to meet California state criteria. So this is a push for expediency.
The developer wants to build on his land and sooner is better than later, particularly if he
has a proposed tenant for his anchor building. My neighbors and I have only just
recently seen the site plan and been told that it would be suitable for a market. If we must
build a market could the building be better placed on site to alleviate some of the traffic
problems? Is it back to the drawing board? i know the council does not determine the
nature of proposed cornxnercial buildings, only that they meet AG guidelines.
ore
Pa 37
It is my feeling that perhaps staff 1 0 s predisposed to go with their approval ...regardless.
TMs is not a good feeling to have. We have time to rye sure all guidelines are met, that
the city does not build a traffic ni htrnare, and the project spas of the quaJity we have
come to expect from out council and std.
These are just my thoughts on the subject.
'lctk-
Agenda Item 9.c.
Page 38
Februaryly, 2011
City Council
Cit of Arroyo Grande
2 14 E. Branch Street
Arroyo Grande, CA 9 3420
a r ;
I F rE 0 1 3: 13
4,�Opw: - P-,4
RE. Courtland Plaza, City Application 10-001 Berry Gardens specific Plan
Ad rnen men , 'tentative Map, , and Conditional Use Permit.
Dear Council Member
I a NOT in favor of the Cc rtlan �r Plaza ject as presented for the following reasons:
It will create traffic congestion throu o ur residential area and re the value of home
properties and in turn, property taxes will decline with values. I oppose low- income housing
near Berry Gardens. Jasmine Place already has 13 to w moderate hones out of 7 homes.
C 0 An additional grocery market will create additional traffic through our neighborhood
T rucks will drive through our n as they alre do now
yN Safety of pedestrians at crosswalks s and pedestrian paths with proposed semi- trucks will
change our neighborhood into an unfriendly and unsafe neighborhood
Lack of required open space plaza as defined by the GN4U site development standard
table 1 . .o o E and illustrated by exhibit 13 of page 22 of East Grand Avenue
Enhancement Plan
Ll Lack of lanned detention structures for storm grater resulting in increased floodin
In g
Primary entrance off' S.' Courtland should be strictly for pedestrians, not vehicles.
Not keeping with the current Land Use Policies, General Plan, Noise Element, specific
requirements for Gateway Mix Use development, cohesiveness t the East Grand
Avenue Enhancement Plan, and Economic Dev Element. U - , - 2, U 6 , L b7- 8,113 - I , 2- L 1. Section 16 15.050 G Municipal Cod
i urge council to have the project re designed to insure my concerns have been met along with
making sure that a thoughtful, well designed project for our community is in beeping with our
qty's current adopted policies.
Sincerely,
[Ifl ai
Agenda Item 9.c.
Page 39
v n Pbater
From: T e r esa McClish
Sent: W , Mar h 02, 2011 :00 AM �
To: Wetmore; Ryan Foster
Subject: F oed Berry Gardens devlo peffl
Teresa Mclish, AIP
Director of Community Devel
City of Arroyo Grand
P.O. Box 550 , lo�
214 . Branch
Arroyo r 93421
X805)) 47 420
fax 473 -5489
... � ....... .............. ........................... .. ........ ........... ..... ................... .......... ......�...w.........ww......... w............. .....MVw.wv.v.v.v.v...v..�..v.v v.v v...ww.v.v v v....v ....v.v.v ... Y . v.w Y x . Y Y Y .. ,. x .. ... . „... .
ony Ferrara
Sent: Tyr rh 01, 2011 5:50 PM
To: Steve Adams; a lisle
Subject: FW: proposed Berry development
Steve / Teresa,
For distribution.
Thanks
Tony
From: Mar Lopez
Sent: Sun 2/27/2011 12:59 PM
To: Tony Ferrara
Subject: proposed Berry Gardens development
Mayor Fe rrara,
My name is MaryAnn Lopez and I'm a Homeo wner in Jasmine Place. My home is near Berry Gardens
where there is a proposed new development of lover income homes and grocery store. I hope you will
consider the drawbacks of doing it:
1. It will cost Arroyo Grande residents money as the developer is not responsible for traffic issues
near the development,
2 . It will lower the property values and decrease property takes because of traffic and noise of semi-
tru
. It will make a our neighborhoods unsafe for children and dog owners to walk with increase in
traffic. For example, ample, my daughters walk on S. Courtland to cross Grande Ave, to get to Yogurt
Creations. I would not allow it anymore because it' unsafe dine to traffic.
4 . The Soto Complex is right across the street from my house. There is a lot of traffic when there
are sports games going on. There are cars that park in Jasmine Place, in our private guest parking,
1
Agenda Item 9.c.
Page 40
because there is no where to park in the Soto Complex lot. Add in new traff=ic from the proposed
new developement and it will be os with trucks speeding through our r sid nt l neighborhood
raising chances for pdistrin accidents.
5. We NOT need ANOTHER grocery store when there are already : V ons, spencers, and Cookie
Crock within a rile. Why not put in a store that is mostly needed by residents? Who decided that A
needed another grocery store in THAT location?
. We will have future problems if not properly planned, ruining our neighborhood.
These are just a few reasons I wanted to share. I feel that my neighborhood is better left untouched
until a better solution is created for traffic issues. Thank you for listening and sharing this
information with City Council members.
Have a nice day,
MaryAnn Lopez
AG Resident of 41 years
Agenda Item 9.c.
Page 41
031 03/2011 10:1 RUSSELLREAD PAGE 01/00
F
RUSSE READ
Att orngy Mediator-& Cou
PCB BOX 910
+Carnria, C ' A 93428
' T FAX ( ") 927-2344
a
Dated:
WE ARE S ENDING HLFZWI rH
PAGES, I CLUSIVE o mis PA
Ian':
iP :HEE PMEL N R ECEIVED o
f
PLEASE CALL (805) 927 -2 % 344.
�'
The, Mf%TP3ftn arch Mho ti 1ft tax mew" 4 iftw"dw W" for 'me
wMarke[ aw CDwF$rAw W the deAnwd radpwft n"
LVVL
a++o. rn�s 1{fir by �7 arlor+�v�r c#+� aoenrn+lr�eln End
J*SUO snd CDW&Ur". if frie nmw of Mac f"as s I*
aft ifften nvp1 area I *1 M a iO Ift
.
'-
- Ne"19
004W mlOq 1- ynu am Wtby fM0+k1 d dw "v " ;e d Inh �
daram.rd in emu, arid khm any w*1q*j qy VLgkm_ Or
oavylv of pas moo riL PPMf0" }f 7611 IMamv S�'+9
i
Please ma an appointment
arar n r ca+l�o++ [n aF. please nwwv us "rAwtat�l UV lewftna Nnd
ran ft ONP41 i , Thank ,
Please telep ,ol-1 . I have been unable to contact you.
- Flue sign where indicated and re;wm to e.
In accordance w ith your re quest.
Please file original(s), confor op is # and return in enclosed
stamped envelope.
� or Y our information. For or our rev .
'
--�-�-
Please contact me i you have a v qu stioibs.
. A check in the amount of is enclosed.
E nclosed please find: �.. �..
Irp
` Other
....,� a +
Russell S. Read
c:
Agenda Item 9.c.
Page 42
0 3/03/2011 10: 12 8059272344 RUSSELLREAD PAGE 02/0
C
Alpine o 1 - - u ny ante ises, 111C.
1221 E . Grand Ave.
Arroyo Grande, CA 93420
Tel: o 927 -1302
FAX: (805) 927 -
4
3/3/201 By Facsimile Transmission
Ms. Teresa Me llsh,
Arroyo Grande Community Development Director
Arro Grande, CA
Fie: Staff Reports re: City Councii 'Mccting of Fe ru r Y 8 1
Agenda Items . D an 1 4
f .
C onsideration of Specific PL�-n Amendment: Tentative Parcel Map: and Conditional U
Permit S outhwest Corner of East Grand Ave. and South C ourtland St.- Ni T Applican
And related draft Mitigated Negative Declaration (MILD); CUP with respect to PSSH
Project
Dear Ms. Mc lIsh;
1 s ubmit two letters i n opposition to the rt r-oj eet which 1 ask be made a part of ` the record. One letter
deal Zvi `act that the IKT profc t i "'n
not a ""mixed-use" and the other from Mr_ Hopwood deal
atu 'Ion i
ery Tru ur . .
one q E nterp ris es, Inc.
B y RUSSELL S. REA
Its General Council
Agenda Item 9.c.
Page 43
0-23/03/2011 10:12 8059272244 RUSSELLREAD PAGE 03/09
HO PWOOD ASSOCIATES
, wSte re Planning & D esign"
4 2044 Rawles Drive
FtRN 89408
ho w oda so iat be 1oba .
F 28,2011
Mn D. Clegg
Charter Cookie, Crock Markets
1240 Knollwood Dr.
Cambria, CA 93428
Dear lax~ Clegg:
TeVI 'a : 775-636 -7742
rl e: Proposed D evelopment, 12 1 East Grand Avenue, Arroyo Grande, C&
With re g ar d to your rece re quest for comments on the a dvisability of add an other superm
at the above location, I have reviewed the correspondence from the City and the ESQ Analysis
and my comments are detailed below, HiD wever. I must first. make it clear that I am not a Real
Estate Analyst, hut with over forty years -,xpeTience the planning and design of Supermarkets in
t ie J ; U Kingdom , the Pac ific Rim, Mexico, Central America and the Middle East, any
comments and or opinions rnade are d eTived from extensive a enicnce in this specialized field.
In a ddition, i art, f Nvith th r� food make-up of the Cen tral Califomia Coast, and for a
umber of years carried out store planning and design comulting services for CharteTCookie
Crock Spencer: s JJ Market, E R aach o mid Njelse "s in S lvan , Scolari's, Will ia ns Bros and
Lucky Stores, Inc.
For expert technical advice on the ie�nalysis sub itt to the City# I recommend that you contact
Garr Ha mmett, Esq. Vie President of Real Estate for U Westrm G rocers, a leading
aurthon,ty o n independent Supemwket Real Estate in the Westem United Mates.
M eanwhile, my comments ors the Matter ;r� as follows:
( 1) can b e no doubt that the City of Arroyo Grande is presently well provided with retail
food esta blishments, ranging from sup nnarkets, ware stores, drug stores, convenience
stores, delicatessens, liquor stores gas station food outlets, etc_
(2) A n additional sup rmarket at th"' East rrand.A nue & jE lm location vAll undoubtedly have
very negative effect `eet on the existing stores , i - the it -; and especially those in relatively close
'f
proximity such as - Cookie Crock and Spencer' s.
father supermarket will mean ftit there gill be three 3 ) markets within three 3 blocks* In
addition, there are three drug stores in the general area and a pp roxi atel tee. (1
s upermarkets ithin three 3 mites.
This wou indicate that the trading area is already ` °o er toured
Agenda Item 9.c.
Page 44
03/03, J2011 0: 12 80592 RUSSELLREAD PAGE 0
( 3) New supermarkets are generally boated i ri ur e o expanding population, w the fu ture
constTuction of ne w homes is anticipated,. The pre ent coin ition of the California economy has
resulted in th develop of roc* homes and ornrne�rcial projects being drastically retarded.
p
And no realistic recovery is in sight. Tlierefore., p r.Qjections. that support the addition of ` a new
supermarket should tape this into consideration. projections of ` future growth (however skillfully
prepared) are in the end... opin ons not_. act , and as the existing tmding area does not sufficiently
indicate the need for esta blishing a ine w � upen it could be r eckless to ri th futu of
established retailers b ase d upon a h� l premise.
(4) Should the proposal 'be pursued, it would create a classic re tad case of "slicing the existing
pie" resulting in Toss of revenue and jobs for the existing retailers and make it very difficult for a
never upennark to build sufficient - to Nvarrant the investment,
ent,
(5) It must be pointed out, that ire a case of Cbokie Crock and Spencer's, their stores were
acquired f rom lame chain operator who no longer, warted to trade in Arro Grande. Thin, the
VP
Clegg and Spencer families at so zr! risk) pa nted stores from being "' a nd saved
jobs and revenue for to Cite. Th ese ind epe nden t supermarket o perators are based in the County
and have seared its om unilies for many years. In fact, Coolie Cr Markets are the longest
continuously operating independent upen arket group on the Cm tral Coast,
(6) In conclusion- - -to build a new superAmAct at this time, before 44 proj ecte ', new homc,3 ar
built. together with the uncertain economic _fixture, will only sere to harm th existing
supermarket operators by diluting their. hard fought for saps and jobs. E specially in these troubled
econom times.
penna►rket locations are not selected ith, a "build it and they mill com approach and never
merely to boost General Revenues for the City-_ however necessary.
I trust these comments wi be of service to y ou ixn your attempt to resist the further dilution of the
food retailing market in Arroyo Grande, Cr X,
Yours sincerely,
s
K Hopwood
Agenda Item 9.c.
Page 45
0310-3/2011 10: 12 8059272344 FLE D PAGE 05/08
Cookie Cro ' ck Warehouse
Alpine C line.
1 221 E. Grand Ave.
Arroyo Grande, CA 93420
Tel: (8U5) 927-1 302
FAX: (805) 927 -1629
1 1
(By Facsirn i fe Transmission)
rroyo Grande City Council
Ms. Teresa McChsh
Arroyo G nde Community Development gent Director
Arroyo Grande, CA
Re: WHY THE COURTLY `PLAZA IS NOT A MIXED STS.
Staff Reports re: City Council Meeting: of iair h 8, . 2011
Consideration of Specific Plan Amendment; Tentative Parcel Map; and Conditional use
Permit; Southwest Corner of Fast Grand Ave. and South Courtland St.- NKT Applicant
And related draft Mitigated Negative Declaration (MND); CUP with respect to PSSH
Project
Ieax ouncilpex ns
Beatrice Spencer has discovered another source — a pro-development one — which provide
additional proof that the Courdand Plaza development i not a mixed use multi -use project. h
NKT project is no more a mi d -use than an y shopping center. CT's attempt to tack -on the
housing project does not make its project a ran ed -use. To approve this project would be
contrary to the Geeral Plan.
This authority is the National Association of Industrial and office Properties and the entire report
can he found at htt : rw. air . or foi dation ral is .i: df.
A. Courtland Plaza is not a "m ixed use. " iNA10P describes a "mixed-use" yreie t art
contrasts it with a "m ijr
A. mixed-use development is a real estate project With planned integration of some combination
of retail, office, residential, hotel, recreation or other functions. It is pedestrian -oriented and
contains elements of a Iive- nor -play environment. It maxi i. es space usage, has amenities and
architectural expression and tends to miti. ate tra ' io and sprawl. This definition was presented W,
a recent conference on the topic spdqsored by f ur'Orofes i nal or am ations ix the areal estate
industry -- ICSC, I A.I F, NMHC & BOMA.t
This definition of a. mixed-use dev l p ne."t contra$t to a Multi -use development that has two or
more land uses on a single site but does not have'th ' degree of project planning and integration
posited for a mixed -use development. In fact, integration of the uses may be totally lacking. . The
live-work-play element is not present and the.prcje t is not pedestrian oriented. A classic
Agenda Item 9.c.
Page 46
03/03/2011 10: 12 50592 72344 RUSSELLREAD PAGE
example of a multi -use project is a'si gle site developed with an unanchored strip center nett to
a small office building for tenants 'such as insurance agents, dentists, doctors, etc,
B. The CoLairtland - Plaza DrojesiLails tQ meet am descAiDtion for a i ed -use
Gil ,
develovment.
true mixed-use project can take four g rzeral forms.
• First it can be a single high -ds . structure on a single site that contains two or more uses
integrated into the structure. Typically, this form of " thenamed -use development has retail
on the street level with offices over the retail and either residential uniis or hotel space
over the office space.
Second, it can be two or rri re high-rise structures on a single site with each structure
holding a different use_ The office building.- residential tower (condominium owne -r blp
and a. hotel are the typical combination. Retail, but different forms of it can also exist on
the ground levels of each We. F
Third the mixed -use development can be a combination of different lour rise structures
on a single site with retail on the ground le)rel with residential units above in one
structure and office space above in another structure.
• Fourth, it can be a single mid -ri s: structure on a single site typically in an urban setting
with retail on the ground and r sides: dal or office above. Depending on the developer's
insights and opportunities, each of the four forms of mixed-use developments in the
previous paragraph can be built, in an urban or a suburban setting, and it can be
considered an ill project or an expansion project.
. +
Each use must be mutually supporti-Yrc, and the 3- raped to achieve synergy arnong themselves. if
this s ee is achieve it increase both the investment value and the market value of the
p roj ect. How i s sN-nergv achieved in a m i. ed- use development-? The following ] ana i ons
appear in the literature. {
• Each use is able to generate revenue from the other uses on the site. occupants of the
residential and office uses shop at the on -site retail facilities. office and retail space users
live in the residential units.
•
Each use is ail amenity for the otter uses. Office user meet restaurants and Motels in
close proximity to a.ttraet tenants. Hotels benefit from visitors to the office space}
• The combination of uses pxov ",des a place for suppkv to meet existing, unfulfilled
demand in the geographic matket area, Moreover, it could be a catalyst to redevelop a
blighted area which increase the future level of demand. It could be a `town center" for
a suburban community which will attract consumers from Ammer distances. It could be a
stag po t for additionzil development * `ects. G neratax g and maintaining str
linkages to other land users Wemal to the M" Ned-use devrelopm' ent are also important
market Factors. The on -site l astaur nt 'a].s need to serve p otential customers residential
users and office space user ling or working in close proximity to the project. l etafl
establishments should also be able to do the same,
Agenda Item 9.c.
Page 47
0 3.1 1 03/ 2011 10:12 80592 2344 RUSSELLf EAD PAGE 0
t
Competition with external prqjkts reeds to be considered. For example, building retail space
near a highly successful super -rcgi O niA.] surrounded by o per centers, c ruaunity c ente rs
F
and a lifestyle center m ay lead to ii.1 h ret`a]l space vacancy when the o ffice. an residential
components are successful. Sn' nilarly building hotel space on the same site could be a problem if
the existing economic rode has excess hotel space.
4
Physical site factors suitable for a hon"zo -otal mixed - use development on a single parcel of lard
c ontaining residential, retail and o ffic e inc the fo llowing statements extracted from the
li terature .
Appropriate site sire and sh ape to hold all the elements of the development.
• Easy access onto, and egress from the site and its parking area.
• Access to modes of transp'onatlon other than au tomobi le.
• ConveM*ent acid attract pe dest ri an circul4 among the uses.
1
w Easy access and corme to adjacent. and proximate land users.
• High visibility of the profit but not necessa of all the component uses also highly
visible and attractive sEreet br monument signage.
- A nTactiv e visual orientation internal to the project, at acti streetsc pes.
• Proper topography, flat acreage for th retail is preferred. St not directly limed
to the retail can be on elevated ground.
• Attractive landscape and streets-ve.
• Easilv readable and clear internal sig age for both drivers and pedestrians.
• Vehicle circulation that is unobtrusive f or both drivers and pedestrians.
• Storm grater driae capability.
C. The Courfland Ply jpr:2 f ails to createa sense of Mace and is i consistent with
the Ci ls rural small town character
The other big assure in the design-vf design-v the site i that. ""mixed-use 'is all about place ma
The hest definition in the literature nor place r a is "the creation of v ibraut. pedestxi a-
riendly areas with a mix of complementary laud uses. In terms o retwil place making m eans
shopping or diming that is less about sellM9 and more about cr at are a pen' ence." Some hints
about what comprises place making are
• The aired - use should be sen it.i ve fA the market area's history or its f `utu re outlook and
tie its design features into it. This mire -use needs to be high quality in all of its aspects;
it could be moderate quality in s o me aspects but n all.
Developers often mal the hale of mfg the b uildings loop all the same w hen th e y
should go out of our moray to make the buildings l oo k eclectic. We w ant the pr jest to loop
file it was bunt over rnultipf 'decades air, - d designed by different architects. It .should
look like a real town, which it is.
ritica3 ors -site design elemrm'ts that need'to 'be- incorporated in . a mixed-use develop
include:
• Norse abate eat by se para tion or soundproofing between uses.
Agenda Item 9.c.
Page 48
0,�'' @1 1 : 1 1 ELLEAD PAGE 0
• Fire retardation measures t ro Lzb construction techniques.
• Odor suppression by separation or r r venting of the odors.
• Loading areas for eornr6e cial uses' hiddeh from' sight.
• Connectivity of edestri . , and, cwfl n g am'on the uses.
Transition arem — s parar ' uses with lands ping, screerung, b uffer zones, setbacks, etc.
• p en space} x4
inafl , one key to success in an ur horizontal ix d -use project is the proper
.. .. „
components to create a seamless whole*
a
{
a
Agenda Item 9.c.
Page 49
VACANT PARCEL E XISTING AREH U E Ex iS TING RETA
wwwwmm��� a
s; w r s r r■
t;��.x ;; #��� �axnxa¢x;;.�a�zz� ,�t� ¢x 'n n � • n...:...'n' € ,, 1 .�� #�;k��a�'�.x� 1
'
�. °xa a
M, °xnw&"° Ax
E:°.tr° B 8 � n ...n s�tr *�xti
c { r z> xEmr,":d¢oxxa...... xos &>.�y� ;.: 1 '1 ', :nv 1
- ° txax° #naN ax;v a ax vn nsn ntrn ^° s .
•x%.,K �x > v oS °x¢o� >�¢b�E�3' #3.8.x.°.n�x> �o�y >��tfry!.�'" � �< t `£ox' &Exx �L.� � � I
, .w¢ ° o. 5
0
�;� '£°'& °# x88,.; 14 y " P ARCE Svxt�.tr,.¢x¢ '�
* a x o n �. u is _ x � ¢ ° ., ;k
Ebx #$ "8 nn "8 °Pn"oxtro >¢¢ } r 1 n8 °3Ev 7 4nv $ I
g xff£E x8 8"
iE¢5$'8?~; "� '
a �a��¢ a� ; }(`.�k�S. 1 22 ,419
...vx>ox xox¢x ¢ �.ox�owwo�.� �+wnK.:.f¢ ¢n.x. O { WiWx �x>w>o
x a ¢ &x axra an an �nvnx<x¢ ¢" L.ln.nvn -%M
xa n ax�annsxn an .nom 1 I
va�xxa�x £ *¢xa:aa x&8 ¢°x8ax¢ x I
ffig U
8n8- M- a
«n
?¢cc ?¢ xi,,' }r : --- ------ - - - - - -- - - -- - s i i i s 1
#t 8n8� °"� �'
to #tctu. #} :r`< °'x,xx °¢ a 1 . ..Il w w � �
iiii��i� #.. . M
% . . ». {t tC >`4 w4°8n,.. 1 .
------------- -- - -�-
:3'8: t. /�ff�
n , '., kox3 ooSa3Ei F M
. #k "o-:d #8nk: xosxxn F
13 }. } �}.# } .'. $. M1.. -. .., ¢ �xin �. �.�x ° . F
C nx t } t .... -._v .:.:¢o •os �:pn F
#'6#'*. }i..
o . {..orys��.;� #� #�M1 odsH,a.o�.�:
x iX3 i:3 C:y.�,. .'i. }..xv }{... n Vii.:'. y ..- I
s' s.s. � YkY
¢ _.$., :V>w xbaa
xazsi $ # �ht: i.,.:.: 6. i� ".w.Y.i #i.k'_it*'S'k�v.:t¢xKKxoK tnx,d zai. 1 II
L •• #�
�� w>�.6�¢o., :h #kh•F .. v #..... a+l S.t ..k M1� $�. °. ..- .kM1w oxxz.o- 1 I
:tss ai s; ':: k;c;
1
P AID4 pry;.. #�:t x� • �,.t�. n ;: °v,- .,y.:. :;�:;'�:;�;�;: � �� °s� °�n 1 � �_
.
;.#
tx ".t ? #,J.r,'F_k''Ye.lM1trM1V ,ri #:7::�L`# xx3f•:: ;:' i# ;■ j 1 }}��
x?k, 'YV }.i .. r......_. °.,':,::"°o °. "$,�x' i ❑ 1'1
-4 Iti...n6;�'R:.o-s.,,:.;:t; -." aK'u._ �
" ¢° 4.'. ,.0 x#w ° 8,.8:°,.... .n y :�
ak ° xaox# ;.':#:_.' k #. ;_.nomn¢xnx.¢v.n¢::n. i . 25,759 s.pr.
- 0-0 o ¢ o
>��•¢� >.f.,x�L�¢ory xox .: ✓. o�*�xo�.
coot x os . - A �.,°. }.0 ryo*o mnem
<.,:. r, r �O OaG ¢a�' "ax °�"��v�. >ax¢¢° na *r#�¢�;nnan¢ tr t. ..................._... —�
LE nntx¢¢M *t
:r xsvn >nMwxx°aahvhh�tr. ��
10
xxaax aN a ¢n an¢nvNN% x¢
axnry;s° 1 ' i
;xaxsNa xnan n;vn,
ana,Ma::t, na��xn�. n, nn- .a�na�v�a�x u-,— ,;Nn; -un;tx 1 ' i
° ;nnan;
P
ol
EDESTRIAN PUBLIC &x to &non;; xan a0%, ozn -m%
g,, °,£S na °xM,x >w¢n¢A3x¢,�xannv
., aA2%£>8$.8Rry$xX ° " °,t 'k £ E£ L?~ 3nn8n&: I.x.I.,.xkno °xtrow°"°°wo- °xxso°�" i i 4� Ifto
.:� % ¢ ¢ nv n N nh.¢ ¢ ¢ n n n :n : I T 1 1
:s��°¢¢�an�n �
0 M> �
: y �x n sax � , � n �t � ¢ � n ¢�; s ��¢; s ��. °�n�.xt��.nvn¢v 1 ❑ � � "� 'sry; ..:�:a';:.�'::��`�':'� "
CIRCULATION (OFF FTE) ¢x ��m" MrM,¢ x t : }i f: N
: ?x<nn s —room n y 1
n.� 0 $ - * 8< 3 °x%3. 3oL�'<" • PA ■ r r
Fan
db
°� s' ti '<'x�x#�B�d�i'.2.x.3:3..°..x.v' ■ L I`'�EL 4 ❑ ■ ks*�C`1....r I
oxox
'.s'S :n..:....:... ...._... .. n .:...v
PEDE PRIVATE I rJ ❑ L x �� ° �'��x xa x; � CIRCULATI N ( N ITE) '- � ' � a�a�nanax k,� #pry r"H - - - --
pit ..'.y
1 a '�'•x�a�a ��'{;{x�{. ate, °� ,•v ��txxt
¢¢gxax¢sa #nvn° R # 4 1
1 �< #r ¢wvaa�x.v �zy 1 n�«x�;.�sN�ax;,�g�;s� ? ,x ;��'�#¢s¢��a¢a¢s�K sy�anann�& °fix 1
�x;<#�x��a�� + i �� Yp y r'� ¢z,a•z�.s�. ti .� .. #n�sn;�n¢nM� °:- xax;�x 1
1 *ax"#a'M�a
� ^ s a:a<aaxxn:n'xnx.. °v
vx
p m o,
k !� xxx� ;natr 1
xa a s ¢, a;a a a x xa ;$ 5:" ' x ¢ °;K ¢n_V1% numm
n I
jl :� <�s�¢��xa�a�a�sx�a¢��sn I
1 x#aaxa¢ ¢u
g v I <K'xsx;aM
7 - -- -- - - - --
URTLAND DR IVE
O 5' wl 100'
11 iii
tD
(�7
0
3427 k IGLIEL1TO COUR
SAN LOOS OBISPO
CALIFORNIA 93401
P .10 341_ 4504
w Ifc. rem■
fr
iry 4.4'�
4 #'4Ct'f mper W PI hkt
Mme w4i•mmmmkfrmm
W W a o..'gp■ 4(0bw Ammbmm r.
M &.,• d ter mbmm� m dk
ml� pummohm !
o.il
h
OU RTLAND
PLACE
CA)UR7LAND 8T. AT
GRAND AVE.
ARROYO GRAPPOL CA
chmi
NKT CONMERC.IAL
0
M
rri
z
0
V ACANT PARCEL
s s
z
,m
LEG END
o - PEDEVTR N PUBU
C IRCULATION ( FF ITE)
PEDESTRLAN PRIVATE
CIRCULATION (HITS)
�rn
'1
0 2$' Sol t oo'
6%mrm%mmm� I *V = 501
tD
C�7
EmSTING WA REHOUSE
r
E x iSTI NG RETAIL
53 + x �• �� � k � J
R '
I Fin
kk,} M1 f —1
cl
I AL _
i i i
O
x 1 O
Ns ` i ..
Ix _ m
c k �ik.
X' ` • ]� }
{ + I
`
"'N
+ X k 1 i I I
www
k ` { 1
p 1 '
}
X x 1 I 1
1 13 jif
1
' k } .y —rJ
F .. N
'� �kU I T
��ff�ii���iriiffii�i�ii� � ' `, �'' ��� ;�'�� •x,
PAD
t v
1
s
URTLAND DRIVE
3427 WGUILITO COURT
SAN LU15 06I1FO
CALIFORNPA 93di01
R 408 541 -4509
m MoRp �i< MUF
&MAW mw%A mw�p Mrmm+r4+
wd ikodmUmo irAm morran
immi -won vudErm
ckmf►mmewkin
F"
CO U RND
PLACE
QWFrrLAM S?. AT
GRAMO AVG,
ARIIOM GRAMOL CA
NKT COMMEMUL
ALTERNATE
PEbESTRUM
ACCEM PLAN
EMIR
r
Show-
PA=1,2
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 9.c.
Page 52
MEMORANDUM
JULY 10, 1911
4 1
F
To: CITY COUNCIL REDEVELOPMENT AGENCY BOARD of
D IRECTORS �
0(^
FROM: TER ESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: RYAN FOSTER, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION of CONDITIONAL USE PERMIT 10-003;
CONSTRUCT A THIRTY-SIX 3 UNIT APARTMENT COMPLEX ON
1.63 ACRES; LOCATION — SOUTHWEST CORNER of EAST GRAN
AVENUE AND SOUTH COURTLA 1 STREET; APPLICANT —
PEOPLES' SELF -HELP HOUSING CORPORATION AND
AFFORDABLE HOUSING AND LOAN AGREEMENT
DATE: MARCH 8, 2011 (CONTINUED FROM FEBRUARY 8. 2011)
RECOMMENDATION:
ATION:
The Planning Commission recommends that the City Council adopt a Resolution
approving Conditional Use Permit 10-003. In addition, staff recommends that the
Redevelopment Agency Board of Directors adopt a Resolution ion approving an affordable
housing and loan agreement and authorize the Executive Director to execute the
agreement.
FINANCIAL IMPACT:
The proposed affordable housing and loan agreement will commit $930,000 in financial
assistance to the proposed project, which has been budgeted d and will be paid for from
Redevelopment Agency housing set-aside funds. This equates to less than $25,000
per unit, which is cost effective in helping the City meet its state housing obligations for
lover and vary -lover income units.
Agenda Item 9.d.
Page 1
CITY COUNCIL
CUP 10
MARCH 8,2011
PIAGE 2
AAP- Sl v I
lei
Specific Pil,an Amendmient 10-001 is bein processed conUjrrie, t1l with thle propose
Conditional Use Pertnit, which �has beein desi based lonj the pro,visions containe
within Specific Plan Amendment 10-0011.
Transfer of Affordable Holu Restriction
In ordier to both facifiliate dievelopment of' aiffordable housin on Subarea 4 and
Subarea 3, the Redevelopment A a
enc
commericlall developmen t o n c thie
A Item 9.d.
Pa 2
CITY COUNCIL
CUP 10-003
MARCH 8, 2011
PAGE 3
Subarea 4 property from ITT Commercial and then sold it to Peoples' Self -Help
Housing PSHH. The property was sold to PSHH for the same price that the
Redevelopment ment Agency paid.
As part of this transaction, an affordable housing deed restriction from property owned
by PSHH at 20 El Camino Real was transferred to Subarea 4, which allowed the El
Camino Real property to be redeveloped by the South County VCA (currently under
construction). The specifics of the deed restriction have been incorporated into Specific
Plan Amendment 10 -001. The Subarea 4 property provides both a larger parcel and
better location for the PSHH residential project than the El Camino property.
Project Decrir)tion
The proposed project will develop a thirty -six 3 unit multi- family apartment complex
consisting of one (1), to 2 and three 3 bedroom units. All units will be deed-
restricted for low and/or very -loin income eligible tenants, which exceeds the
requirements of the deed restriction recorded on the property. A single -story community
building wlth manager's office is located at the entrance to the complex and the
apartment buildings are both two and three -story — the three -story buildings are located
at the rear of the site, adjacent to the parking lot to s atisfy California Fire Code
requirements. The proposal includes a total of fifty -four off- street parking spaces,
which is consistent with the provisions of Specific Plan Amendment 10 -001.
Previous City Council Review
The City Council was scheduled to consider CUP 10-003 at its meetings of November
g, 201 and again on February 8, 2011; however, consideration was continued due to
concerns with the proposed Specific Plan Amendment (Attachment 1).
Architectural Review Committee Review
The Architectural Review Committee RC reviewed Conditional Use Permit 10 -003 at
its meeting of December 6, 2010 (Attachment 2). The ARC unanimously recommended
approval of Conditional Use Permit 10 -003.
Plannina Commission ion F ecommendation
The Planning Commission considered CUP
(Attachment 3 ). The Planning Commission
the City Council approve CUP 10 -003.
10 -003 at its meeting of December 7, 2010
adopted a Resolution olution recommending that
ANALYSIS of ISSUES:
Le i lative vs. Judicial Acts
Every decision a local government males can be placed into one of three categories --
legislative, quasi - judicial or ministerial;
Legislative acts are those that create policy, such as general plan updates,
zoning ordinances or specific plans. These acts establish local law — rules that
Agenda Item 9.d.
Page 3
CITY COUNCIL
CUP 10-003
MARc H 8, 2011
PAGE 4
apply to everybody within the jurisdiction. Under California law, legislative acts
are subject to initiative and referendum.
Quasi- judicial acts are those that apply policy (created through legislative acts) to
projects, such as consideration of tentative maps or use permits. These acts are
discretionary, based on the decision - makers interpretation and application of
policy to a particular project. Quasi - judicial acts are not subject to initiative or
referendum.
Ministerial acts are those that require no discretion on the part of the local
government, such as the mandatory issuing of a permit if certain conditions are
met.
The proposed project is a quasi - judicial action — if approved, it will grant the property
owner entitlements to develop the property in substantial conformance with the
approved plans, subject to any conditions of approval.
Project Revisions
The proposed project has been revised based on City Council direction and to achieve
consistence with Specific Plan Amendment 10 -001. If Specific Plan Amendment ent is not
approved, the proposed project cannot be considered as it is inconsistent with the
existing Berry Gardens Specific Plan. Specific revisions are discussed in detail below:
Side Yard Setback
Based on City Council direction and revisions to Specific Plan Amendment 10-
001, the side card setback (adjacent to Subarea 3 ) has been increased from 5' to
10'. When combined with the minimum rear yard setback required in Subarea 3,
a minimum of 25' will be provided between any residential and commercial
buildings.
Building Height and Fire Access
The proposed project contains one (1), to 2 and three 3 story buildings. The three -
story buildings are located at the rear of the property, and none are closer than forty
(40) feet to adjacent single - family residential development. The proposed project meets
the requirements of the California Fire Code, as all buildings exceeding thirty 30 feet in
height are located adjacent to a fire lane.
In the event that the proposed project is
Subarea 3, secondary access will have to
adjacent property or with the provision of
turnaround.
approved, but no project is approved for
be provided either by access through an
a Fire Department- approved hammerhead
Agenda Item 9.d.
Page 4
CITY COUNCIL
CUP '1 -003
MARCH 8, 2011
PAGE 5
Amaniting
The proposed project includes a community room located at the front of the property for
indoor activities. Common outdoor areas are located between buildings, shielded from
the parking lot. First-floor townhouse units include private rear yards.
Loan A qreement
Proposed financial assistance is recommended in the form of a residual receipts loan,
which means that it will be repaid as funds are available. The senior housing complex
on Forth Curtland Street was funded through a similar approach. Peoples' Self -Help
Housing will also be seeking State tax credits and County funds to male the project
financially feasible (Attachment .
Redevelopment pment Agency Boundaries
Prior to the lot line adjustment that was approved in 2009, one of the subareas was in
the Redevelopment pment rea and the other was not; now half of each subarea is in the
Redevelopment ment rea and the other half is not. Therefore, the Redevelopment Agency
Board of Directors must find that the Agency's expenditure of low and moderate income
housing funds outside of the Redevelopment Area benefit the project area. Staff is
waiting for feedback from the County to determine if any changes to the project area
boundary will be necessary for tax increment purposes.
ALTERNATIVES:
ES:
The following alternatives are presented for City Council Redevelopment pment Agency
Board of Directors consideration:
1. Adopt a Resolution, appr ving Conditional Use Permit 10-003 as recommended
by the Planning Commission and adopt a Resolution approving an affordable
housing and loan agreement and authorize the Executive Director to e the
agreement;
2. Do not adopt the attached Resolutions; r
3. Provide direction t staff.
ADVANTAGES:
Approving the proposed project will provide the city with a mix of one (1), two 2 and
three 3 bedroom rental units, all of which will be affordable and located adjacent to
public transportation and existing and proposed commercial development.
DISADVANTAGES*
Staff has not identified any disadvantages associated with the recommended action.
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Q uality Act CE Guidelines, staff
has conducted an Initial Study and prepared a draft Mitigated Negative Declaration
AMID for Specific Plan Amendment 10-001. Because the proposed project is
Agenda Item 9.d.
Page 5
CITY COUNCIL
CUP 1 0-003
MARCH 8. 2011
PAGE 6
consistent with the project described in the MND prepared for Specific Plan Amendment
10-001, no further environmental review is required, as the potentially significant
environmental impacts have been identified and reduced to a less than significant level
through the application of mitigation measures .in the MN D. If the MND is not adopted,
the proposed project cannot be approved at this time.
PUBLIC NOTICE AND COMMENT:
A notice of public hearing was mailed to all property o wners w ithin 300' of the project
site and also published in the Tribune on Friday, February 25, 2011. As of March 1,
2011, staff has not received any public comment regarding the proposed project.
Attachments (previously distributed to City Council and on file at City Hall and on the
City's webite:
1. City Council meeting minutes, November 9, 2010
2. AFDC meeting notes, December 6, 201
3. Draft Planning Commission meeting minutes, D ecember 7,201
4 Affordable housing learn agreement
Agenda Item 9.d.
Page 6
RESOLUTION N N .
RESOLUTION F THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING CONDITIONAL USE
PERMIT 10 -003; LOCATED AT THE SOUTHWEST
CORNER OF EAST GRAND AVENUE AND SOUTH
CRTLAND STREET; APPLIED FOR BY PEOPLES'
SELF -HELP HOUSING
WHEREAS, the developer has filed Conditional Use Permit 10-003 to develop a thirty-six
(36) unit apartment complex on 1.63 acres; and
WHEREAS, the Planning Commission of the City of Arroyo Grande adopted a Resolution
recommending that the City Council approve Conditional Use Permit 10-003; and
WHEREAS, the City Council of the City of Arroyo Grande has reprieved this project in
compliance with the California Environmental Quality Act CE A , the State CE QA
Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA
and has found that the project is consistent with the Mitigated Negative Declaration as
adopted for Specific Arnendrnent 10-00 1; and
WHEREAS, the city council of the City of Arroyo Grande has reviewed the project at a
duly noticed public hearing on March 8, 2011; and
WHEREAS, the city council finds, after due study, deliberation and public hearing, the
following circumstance exist:
t:
Conditional Use Permit Findings:
1. The proposed use is permitted within the subject district pursuant to the
provisions of this section and complies with all the applicable provisions of
this title, the goals, and objectives of the Arroyo Grande General Plan,
and the development policies and standards of the City.
The proposed residential use is permitted within Subarea 4 of the Berm
Gardens Specific Plan and complies with !! applicable Municipal Code
requirements, the goals and objectives of the General Plan and the
development policies and standards of the City.
2. The proposed use would not impair the integrity and character of the
district in which it is to be established or located.
The proposed residential use is consistent and compatible with existing
adjacent residential and commercial development arid would not impair
the integrity or character of the Gateway fixed -else Specific Plan GM -
the district.
Agenda Item 9.d.
Page 7
RESOLUTION No.
PAGE 2
3. The site is suitable for the type and intensity of use or development that is
proposed.
At 22 dwelling units per acre, the proposed development is belo w the
maximum density of 28 d welling units per acre allowed for residential
development in subarea 4 of lie Berry Gardens Specific Plan.
4. There are adequate provisions for grater, sanitation, and public utilities
and services to ensure public health and safety.
Adequate capacity for peer, sanitation and public utilities and services
exist o serve the project therefore, public health and safety will not be
impacted.
5. The proposed use will not be detrimental to the public health, safety or
welfare or materially injurious to properties and improvements in the
vicinity.
The proposed use will not be detrimental to the public health, safety or
welfare nor could it be materially injourious to properties and improvements
in the vicinity.
NOW, THEREFORE, BE IT RESOLVED LVED that the City Council of the City of Arroyo
Grande hereby approves Conditional Use Permit 10-003 with the above findings and
subject to the conditions as set forth in Exhibit "A ", attached hereto and incorporated
herein by this reference.
On motion by Council Member , seconded by Council Member , and by the
following roll call Grote, to it:
AYES:
NOES:
ABSENT:
the foregoing Resolution olution was adopted this 8 of March, 2011.
Agenda Item 9.d.
Page 8
RESOLUTION N .
PAGE
TONY F E R A A, MAYOR
ATTEST.
KELLY LLY 11ETM RE, CITY CLERK
APPROVED AS TO CONTENT.
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORMA.
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 9.d.
Page 9
RESOLUTION l lO.
PAGE
EXHIBIT 'A'
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 10 -003
SOUTHWEST CORNER OF
EAST GRAND AVENUE A ID
SOUTH COU TLA ID STREET
This approval authorizes the development of a thirty -sic 3 unit apartment complex on
1.63 acres.
GENERAL AL CO IDITIO IS:
1. The developer shall ascertain and comply with all Federal, State, County and
City requirements as are applicable to this project.
2. The developer shall comply with all conditions of approval for Conditional Use
Permit 10 -003.
3. Development shall occur in substantial conformance with the plans presented to
the City Council at its meeting of March 8, 2011 (Exhibit " ".
4. The developer shall agree to defend at his /her sole expense any action brought
against the City, its present or fanner agents, officers, or employees because of
the issuance of said approval, or in any way relating to the implementation thereof,
or in the alternative, to relinquish such approval. The developer shall reimburse
the City, its agents, officers, or employees, for any court costs and a#trney's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve the developer of his /her obligations under this condition.
SPECIAL CONDITION:
5. Prig to issuing any Certificates of Occupancy, secondary access or a turnaround
shall be provided to the satisfaction of the Fire Chief.
ENGINEERING DI ISIO :
SPECIAL CONDITIONS
6. Verify that the existing lift station in Tract 2260 has adequate capacity to serve the
proposed development. If not, design and fund the upgrade or the lift station to the
satisfaction of the Community Development Director.
7. All on -site sewer lines will be noted as "private."
Agenda Item 9.d.
Page 10
RESOLUTION N .
PAGE
8. The 8 " water main loop through the project site shall be located in a 1 5' wide water
main easement.
9. Dedicate 10 feet of rig ht -c way o South Courtland Street.
10, Install full frontage improvements (including street widening, curb, gutter,
sidewalk, landscaping and street - lighting) on South Ccurtland Street to City
Standards. No on-street parking shall be allowed on South Curtland Street.
11. Implement LID BMPs into the project design to the extent practicable, as
determined by the Director of Community Development.
12. Prior to issuance of a grading permit, the developer shall reimburse the
Redevelopment Agency for the proportionate costs associated with expansion of
the Poplar Ponding Basin.
13. Prior to issuance of a grading permit, the developer shall submit two copies of
the final project - specific Water Quality Management Plan QMP) consistent
with San Luis Obispo Regional Water Quality Control Board SL R QCB
requirements.
14, Underground all overhead utilities along the project frontage per City standards.
GENERAL CONDITIONS
15. 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 Parks,
Recreation and Maintenance.
16. Perform construction activities during normal business hours Monday through
Friday, 7 A.M. to 5 P.M. for noise and inspection purposes. The developer or
contractor shall refrain from performing any work other than site maintenance
outside of these hours, unless an emergency arises o approved by the
Community Development Director . The City may hold the developer or contractor
responsible for any expenses incurred by the City due to work outside of these
hours.
IMPROVEMENT PLAINS
17. All project improvements shall be designed and constructed in accordance with the
City of Arroyo Grande Standard Drawings and Specifications.
18. Submit three 3 full -size paper copies and one 1 full -size mlar copy of approved
improvement plans for inspection purposes during construction.
Agenda Item 9.d.
Page 11
RESOLUTION No,
PAGE
19. Submit as-built plans at the completion of the project or improvements as directed
by the Community Development Director. One 1 set of mylar prints and an
electronic version on CD in AutoCAD format shall be required.
20. The following Improvement plans shall be prepared by a registered Civil Engineer
and approved b the Community Development Department:
a. Grading, drainage and erosion control,
b. Street paging, curb, gutter and sidewalk,
C. Public utilities,
d. Wate and sewer,
e. Landscaping and irrigation,
f. Any other improvements as required
Di rector.
21.
22.
The site plan shall include the following:
by the Community Development
a. The location and size of all existing and proposed water, s ewer, and storm
drainage facilities within the project site and abutting streets or alley
b. The location, quantity and size of all existing and proposed severer laterals.
C. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the property.
e. The location and dimension of all existing and proposed paged areas.
f. The location of all existing and proposed public or private utilities.
Improvement plans shall include plan and profile of existing and proposed streets,
utilities and retaining walls.
23. Landscape and irrigation plans are required within the public right of way, and shall
be approved by the Community Development and Parks, Recreation and
Maintenance Departments.
L O09N
24. Whenever possible, all water mains shall be looped to prevent dead ends. The
Director of Parks, recreation and Maintenance must grant permission to dead end
water mains.
25. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
26. One domestic use water meter and one irrigation meter is required for the
apartment project.
2. The developer shall complete measures to neutralize the estimated increase in
Agenda Item 9.d.
Page 12
RESOLUTION NO.
PAGE 7
grater demand created by the project by either:
a. Implement an individual grater program consisting of retrofitting existing
high -flog plug bing fixtures with lour flog devices. The calculations shall be
submitted to the Director of Parks, Recreation and Maintenance for revie w
and approval. The proposed individual water program shall be submitted to
the City Council for approval prior to implementation; OFD,
b. The developer may pay an in lieu fee for each new residential unit.
.qFWF=
28. A new manhole is required for connection of the proposed 6 " severer lateral to the
server main in CouNrtland Street.
29. All server laterals within the public right of way must have a minimum slope of 2 %.
30. All server rains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
31. Obtain approval from the South County Sanitation District for the development's
impact to District facilities.
PUBLIC UTILITIES
32. Underground all new public utilities in accordance with Section 1 . 8.obo of the
Development Code.
33. Underground improvements shall be installed prior to street paring.
34. Submit the Utility Plans to the public utility companies for review and comment.
Utility comments shall be for warded to the Community Development Director for
approval.
35. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
3. Insert project specific conditions here.
TFFFTq
37. Obtain approval from the Director of Parks, Recreation and Maintenance prior to
excavating in any street recently over -laid or slurry sealed. The Director shall
approve the method of repair of any such trenches, but shall not be limited to an
overlay, slurry seal, or fog seal.
Agenda Item 9.d.
Page 13
RESOLUTION NO.
PAGE
38. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned
and filled with epoxy.
39. All st reet repairs shall be constructed to city standards.
40. Street structural sections shall be determined by an R -aloe soil test, but shall not
be less than 3r' of asphalt and " of class II A.
41. 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 Parks, Recreation and
Maintenance.
CURB, GUTTER, AND SIDEWALK
42. Install new concrete curb, gutter, and sidewalk on Courtland Street as directed by
the Community Development Director.
43. Utilize saw cuts for all repairs rude in curb, gutter, and sidewalk.
44. Install ADA compliant facilities in accordance with current City and State
standards.
4. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to
prevent da mage due to root growth.
P r1
46. Perform all grading in conformance with the city Grading Ordinance.
47. 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.
48. Submit all retaining gall calculations for review and approval by the Community
Development Director for walls not constructed per city standards.
DRAINAGE
49. All off -site drainage facilities shall be designed to accommodate a 1 00-year
storm flow. The developer shall provide calculations to verify that the Poplar
Ponding Basin can accommodate post-development storm flow from the project.
o. All drainage facilities shall be in accordance with the Drainage Master Plan.
Agenda Item 9.d.
Page 14
RESOLUTION l o.
PAGE 9
DEDICATIONS AND EASEMENTS
51. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the developer o 8 1/2 x 11
City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The developer shall be
responsible for all required fees, including any additional required City processing.
52. The developer shall dedicate pedestrian access easements to the back of the
meandering sidewalk.
53. Street tree planting and maintenance easements shall be dedicated adjacent to all
street right of ways. Street tree easements shall be a m1nimum of 10 feet I eyond
the right of way, except that street tree easements shall exclude the area covered
by public utility easements.
54. A Public Utility Easement PUE shall be reserved 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 vaults, pads, or similar facilities.
Fg lElArr MS
55. 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 wary,
d. Storing equipment in the City right of way.
56. Obtain a grading permit prior to commencement of any grading operations on site.
FEES
57. Pay all required City fees at the time they are due (for your information, the
"Procedure for Protesting Fees, Dedications, Reservations or Exactions" is
provided below).
58. eater Meter, service main, distribution, and availability fees, to be based on
codes and rates in effect at the time of building permit issuance.
59. hater neutralization fee, to be parsed on codes and rates in effect at the time of
building permit issuance.
60. Traffic Impact fee, to be based on codes and rates in effect at the time of
Agenda Item 9.d.
Page 15
RESOLUTION NO,
PAGE 1
building permit issuance.
1. Traffic Signali ation fee, to be based on codes and rates in effect at the time of
building permit issuance.
62 Server hook -up & facility Permit fees, to be based on codes and rates in effect at
the time of building permit issuance.
6. Drainage fee, as required by the area drainage plan for the area being
developed.
64. Building Permit fees, to be based on codes and rates in effect at the time of
building permit issuance.
65. Strong Motion Instrumentation Program SHIP fee, to be based on codes and
rates in effect at the time of building permit issuance in accordance with Mate
mandate.
66. Park Development ment fee, to be based on codes and rates in effect at the time of
building permit issuance.
67. Park Improvements fee, to be based on codes and rates in effect at the time of
building permit issuance.
68. Street Tree fees, to be based on codes and rates in effect at the time of building
permit issuance.
g. Community Centers fee, to be based on codes and rates in effect at the time of
building permit issuance.
g. Fire Protection fee, to be based on codes and rates in effect at the time of building
permit issuance.
1. Police Facilities fee, to be based on codes and rates in effect at the time of
building permit issuance.
2. Fees to be paid prior to plan approval:
a. Plan check for grading plans based on an approved earth work estimate.
b. Plan check for improvement plans based on an approved construction cost
estimate.
C. Permit Fee for grading plans based on an approved earthwork estimate.
d. Inspection fee of public works construction plans based on an approved
construction cost estimate.
Agenda Item 9.d.
Page 16
RESOLUTION No.
PAGE 11
3. Impact fees to specific capital improvement projects as determined by the
Community Development Director.
PROCEDURE E FO PROTESTING FEES, DEDICATIONS, RESERVATIONS ATIONS of
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 b
meeting both of the following requirements:
{'I Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) serving written notice on the City Council, which notice shall contain all of
the following information:
{a A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision A shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision A may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative reap 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.
Agenda Item 9.d.
Page 17
RESOLUTION No.
PACE '1
AGREEMENTS
TS
74. Inspection Agreement: Prior to approval of an improvement plan, the developer
shall enter into an agreement with the City for 'inspection of the required
improvements.
75. Covenants, Conditions, and Restrictions triction as required by the City.
I MPROVEMENT Et T SECUF ITIES
76. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
77. Submit an engineer's estimate of quantities for public improvements for review by
the Community Development Director.
78. Provide financial security for the following, to be based upon a construction cost
estimate approved by the Community Development Director:
Faithful Performance: 100% of the approved estimated cost of all
improvements,
Labor and Materials: 0%
improvement
One Year Guarantee: 10%
improvements. This bond
improvements.
of the approved estimated cost of all
of the approved estimated cost of all
is required prior to acceptance of the
OTHER DOCUMENTATI
g. Tax Certificate: The developer shall furnish a certificate from the tax collector's
office indicating that there are no unpaid takes or special assessments against the
property. The developer may be required to bond for any unpaid takes or liens
against the property. This shall be submitted prior to plan deck.
g. Preliminary Title Report: ort: current preliminary title report shall be submitted to the
Director of Public Works prior to plan check.
PRIOR f T ISSUING A CERTIFICATE OF OCCUPANC
1. All utilities shall be operational.
2. 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 Community Development
Director.
Agenda Item 9.d.
Page 18
RESOLUTION NO.
PAGE 1
3. Prior to the final 10% of occupancies for the project are issued, all improvements
shall be fully constructed and accepted by the City.
BUILDING DIVISION:
84. All buildings shall comply with the latest adopted California Building Codes.
FICHE DEPARTMENT:
85. The number and location f all required fire hydrants shall be determined by the
Fire Chief.
86. Installation of a NFPA 13 Fire Protection System shall be required for all
residential units.
87. Installation of an NFPA 13 system shall be required for the community building.
88. Prior, to occupancy, provide a directory map sign shall be installed at the
entrance to the site that shows the location of all dwelling units. The directory
sign should be of a size that is easily readable and shall be approved by the Fire
Chief prior to installation.
89. Fire extinguishers shall be located within ' of all front doors of each residential
unit in a protective enclosure with appropriate signs posted.
90. Gas meters shall be labeled with units seared and signage posted, ICED in color,
with letters 1 " minimum in height, indicating the location.
91. Electrical room(s) / electrical meters shall be posted with signage, FEED in color,
with letters '1" minimum in height, stating: ELECTRICAL ROOM unit serviced.
2. Address number shall be Arabic numerals or Alphabet Letters. Numbers shall be
a minimum of 4 inches high with a minimum stole width of 0.5 inch in residential
/ commercial zones.
3. The driveway shall be designated and posted as "Fire Lane, No Parking ". All
designated fire lanes shall be red striped with the words FIFE LANE stenciled
every 50 feet.
g. As per CFC 503.2.3, the driveway shall be designed and maintained to support
the imposed loads of fire apparatus (75,000 pounds minimum).
95. Prior to delivery of combustible building materials on-site, the hydrants and water
system shall pass all required tests and be connected to the public water system.
Agenda Item 9.d.
Page 19
RESOLUTION No.
PAGE 1
96. Prior to construction of combustible materials, an all-weather surface shall be in
place to provide adequate access for emergency vehicles. The surface shall be
of sufficient thickness to support the imposed load of a fire apparatus. The
access for use of firefighting equipment shall be provided to the immediate job
construction site at the start of construction and maintained at all time until
construction is completed.
97. The water system for the project s hall be looped, either as a stand-alone system
or in conjunction with Subareas 3.
RECREATION AND MAINTENANCE FACILITIES
98 Prior to issuance of a building permit, a final landscape /irrigation plan shall be
submitted to the Director of Recreation and Maintenance Facilities for review and
app roval.
POLICE DEPARTMENT
99. A final lighting plan and all proposed safety measures shall be submitted to the
Police Department for review and approval prior to the issuance of a building
permit.
MITIGATION MONITORING PROGRAM:
MM 111 -1: The following conditions shall be included on all construction plans and
adhered to for all construction- related permits:
• Reduce the amount of disturbed area where possible.
Use water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site. Increase watering frequency when
grind speeds exceed 1 1PH. Reclaimed (non - potable) water shall be
used whenever possible.
All dirt stockpile areas should be s prayed daily or as needed.
• Permanent dust- control measures identified in the approved
re egetationAarndscape plains should be implemented as soon as possible
following completion of any soil - disturbing activities.
• Exposed ground areas that are planned to be reworked ed more than one 1
month after initial grading should be sown with a fast - germinating native
grass seed and watered until vegetation is established.
All disturbed soil areas not subject to revegetati n should be stabilized
using approved chemical soil binders jute netting or other methods
approved in advance by the Air Pollution Control Board APC .
• All roadways, driveways, side all and other areas to be paved should
be completed as soon as possible. In addition, building pads should be
Agenda Item 9.d.
Page 20
RESOLUTION Flo.
PAGE 1
laid as soon as possible after grading unless seeding or soil binders are
used.
ehicle speed for all construction vehicles shall not exceed 15 MPH on
any unpaved surface at the construction site.
All trucks hauling dirt, sand, soil or other loose materials are to be covered
or shall maintain at least two 2 feet of freeboard minimum vertical
distance between top of load and top of trailer) in accordance with C C
Section 23114.
Wheel-washers shall be installed where vehicles enter and exit unpaged
roads onto streets or gash off trucks and equipment prior to leaving the
construction site.
Streets shall be swept at the end of each day if visible soil material is
carried onto adjacent pared roads. hater sweepers with reclaimed non -
potable grater should be used where feasible.
- rhe contractor /builder shall designate a person or persons to monitor and
implement these measures as necessary t o minimize dust complaints,
reduce visible emissions below 20% opacity and to prevent the transport
of dint off -site. The name and telephone number of such persons shall
be provided to the Air Pollution Control District (APCD) prior to the start of
any construction- related activities.
Staging and queuing areas shall not be located within 1 ,000 feet of
sensitive receptors.
Diesel idling within 1,000 feet of sensitive receptors shall not be permitted.
Use of alternative- fueled equipment is recommended whenever possible.
Signs that specify the no idling requirement shall be posted and enforced
at the construction site.
MM 111- 2: Prior to any grading activities, the project sponsor shall ensure that a
geologic evaluation is conducted to determine if naturally occurring asbestos
(1A ) is present within the area that will be disturbed. If IA is not present, an
exemption- request mint be filed with the APCD. If NOA is found at the site, the
applicant mint comply with all requirements outlined in the Air Resource Board
( ARB)Air Tonics Control Measure ATOM for Construction, Grading, Quarrying
and Surface Mining Operations.
MM 111- 3 All portable equipment (50 horsepower or greaten used during
construction must be issued a permit by either the GARB or the APCD.
All M I1I-4: Should hydrocarbon - contaminated soil be encountered during
construction activities, the APCD shall be notified within forty -eight hours of
such contaminated soil being discovered to determine if an APCD permit is
required. In addition, the following measures shall be implemented immediately
after contaminated soil is discovered:
Agenda Item 9.d.
Page 21
RESOLUTION LUTI .
PAGE 1
0 Corers on storage piles shall be maintained in place at all tunes in areas
not actively involved in soil addition o removal.
0 Contaminated soil shall be covered with at least sic inches of packed,
uncontaminated soil o other TPH — non- permeable barrier such as plastic
tarp. No head pace shall be allowed where vapors could accumulate.
0 Covered piles shall be designed in such a way as to eliminate erosion due
to grind o grater. No openings in the corers are permitted.
0 During soil excavation, odors shall not be evident to such a degree as t o
cause a public nuisance.
0 Clean soil must be segregated from contaminated soil.
IIIIM 111- 5: Operation of any commercial building with a loading area shall include
the establishment f a 'no idle' zone for diesel-powered delivery vehicles.
Vehicle idling shall be minimized to the maximum extent feasible using the
following techniques:
Each delivery vehicle's engine shall be shut off immediately after arrival in
the loading dock r loading area, unless the vehicle is actively
maneuvering.
The scheduling of deliveries shall be staggered to the maximum extent
feasible.
Vehicle operators shall be made aware of the 'no idle' zone, including
notification by letter to all delivery companies.
Prominently lettered signs shall be posted in the receiving dock area t o
remind drivers to shut off their engines.
0 Diesel idling within 1,000 feet of sensitive receptors is not permitted.
0 Use of alternative- fueled vehicles is recommended whenever possible.
Staging and queuing areas shall not be located within 1,000 feet of
sensitive receptors.
MM 11 -1: Any areas where native (non - stockpiled) soil will be disturbed by
construction activities (grading, footings, utilities, etc) shall first be inspected by a
qualified archeologist to determine if any cultural resources are present. If
cultural resources are present, a phase two archeological study shall be
conducted by a qualified archeologist and further mitigation measures identified
and implemented.
IIIIM 111 -1: The project proponent shall submit a reprised ge technical study o
addendum to the original study that either states that all conclusions and
recommendations in the original report are valid o if the original conclusions
and recommendations are not valid, includes updated conclusions and
recommendations where necessary.
MM 111 -2: All construction plans shall incorporate the recommendations of and
updated getechnical study based on the study prepared for the project by GSI
Agenda Item 9.d.
Page 22
RESOLUTION NO.
PAGE '1
Soils Inc. dated April 2006.
MM V11 -1: All construction plans shall reflect the following GHG- reducing
measures where applicable. Prior to issuance o f building permits, the project
sponsor shall submit impact reduction calculations based on these measures to
the APCD for revie w and approval, incorporating the following measures:
Incorporate o utdoor electrical o utlets to encourage the use of electric
appliances and tools.
Provide shade tree planting in parking lots to reduce evaporative
emissions from parked vehicles. Design should provide tree
coverage within 10 years of construction using low ROG emitting, low
maintenance native drought resistant trees.
No residential wood burning appliances.
Provide employee lockers and showers. rers. One shower rer and 5 lockers for
every 25 employees are recommended.
Trusses for south- facing portions of roofs shall be designed to handle
dead weight loads of standard solar- heated grater and photovoltaic
panels. Roof design shall include sufficient south- facing roof surface,
based on structures size and use, to accommodate adequate solar
panels. For south facing roof pitches, the closest standard roof pitch to the
ideal average solar exposure shall be used.
Increase the building energy rating by 20 above Title 24 requirements.
Measures used to reach the 2 rating cannot be double counted.
Plant drought tolerant, nature shade trees along southern e of
buildings to reduce energy used to cool buildings in summer.
Utilize green building materials (materials which are resource efficient,
recycled, and sustainable) available locally - if possible.
0 Install high efficiency heating and cooling systems.
0 Design building to include roof o verhangs that are sufficient to block the
high summer sun, but not the lower winter sun, from penetrating south
faking windows (passive solar design).
0 Utilize high efficiency gas o solar grater heaters.
0 Utilize built -in energy efficient appliances i.e. Energy Stars).
0 Utilize double -paned windows.
Utilize low energy street lights i.e. sodium).
Utilize energy efficient interior lighting.
Install energy - reducing programmable thermostats.
Use roofing material with a solar reflectance values meeting the EPA/DOE
Energy StarO rating to reduce summer cooling needs.
Eliminate high grater consumption landscape e.g., plants and lawns in
residential design. Use native plants that do not require watering and are
low ROG emitting.
Provide o n-site bicycle parking both short term (racks) and long term
(lockers, o a locked room with standard ranks and access limited to
Agenda Item 9.d.
Page 23
RESOLUTION I O.
PAGE '18
bicyclist only) to meet peak season maximum demand. One bike a rack
space per 10 vehicle/employee space is recommended.
Require the installation of electrical hookups at loading docks and the
connection of trucks equipped with electrical hookups to eliminate the
need to operate diesel-powered TRUs at the loading docks.
Provide storage space in garage for bicycle and bicycle trailers or
c overed racks lockers to service the residential units.
IIIIM V11-1: The following BMPs shall be incorporated into the project:
Roof Do nsr)out System. Direct roof drains to pervious areas to allow
infiltration prior to discharging to grater bodies or the municipal storm drain
system.
Faun -off Control. Maintain post - development peals runoff rate and average
volume of runoff at levels that are similar to pre - development levels.
Labeling and Maintenance of Storm Drain Facilities Label new storm
drain inlets with "No Dumping — Drains to Ocean" to alert the public to the
destination of stormy ater and to prevent direct discharge of pollutants into
the storm drain.
ehicle Eciubment Cleaning Commercial /industrial facilities or multi -
family residential developments of 50 units or greater should either
provide a covered, bermed area for gashing activities or discourage
vehicle/equipment gashing by removing hose bibs and installing signs
prohibiting such uses. Vehicle /equipment washing areas shall be payed
designed to prevent run -on or run off from the area, and plumbed to drain
to the sanitary sewer.
Car ' ashin . Commercial ear wash facilities shall be designed and
operated such that no runoff from the facility is discharged to the storm
drain system. Wastewater from the facility shall discharge to the sanitary
sewer or wastewater reclamation system.
Common Area Litter Control. Implement trash management and lifter
control for commercial and industrial projects or large -scale residential
developments to prevent litter and debris from being carried to water
bodies or the storm dra in system.
Feed Service Facilities. Design food service facilities (including
restaurants and grocery stores) to have a sink or ether area for cleaning
floor marts, containers, and equipments that is connected to a grease
interceptor prier to discharging to the sanitary severer system. - rhe
Agenda Item 9.d.
Page 24
RESOLUTION No.
PAGE 19
cleaning area should be large enough to clean the largest mat or piece of
equipment to be cleaned.
Refuse a Areas. Trash compactors, enclosures and dump ter areas should
be covered and protected from roof and surface drainage. Install a elf -
contained drainage system that discharges to the sanitary s ewer if grater
cannot be diverted from the areas.
O utdoor Storage Controls. Oils, fuels, solvents, coolants, and other
chemicals stored outdoors must be in containers and protected from
drainage by secondary containment structures such as berms, liners,
vaults or roof covers and/or drain to the sanitary severer system. Bulk
materials stored outdoors must also be protected from drainage with
berms a nd corers. Process equipment stored outdoors must be
inspected for proper function and leaks, stored on impermeable surfaces
and covered. Implement a regular program of sweeping and litter control
and develop a spill cleanup plan for storage areas.
Cleanina, Maintenance and Processing Controls. Areas used for
washing, steam cleaning, maintenance, repair or processing must have
impermeable surfaces and containment berms, roof covers, recycled
grater wash facility, and discharge to the sanitary severer. Discharges to
the sanitary severer may require pretreatment systems and/or approval of
an industrial waste discharge permit.
Loading Dock Controls. Design loading docks to be covered, surrounded
by berms or curbs, or constructed to prevent drainage onto or from the
area. Position roof downspouts to direct stormwater away from the loading
area. Hater from loading dock areas shall be drained to the sanitary
severer, or diverted and collected for ultimate discharge to the sanitary
severer. Door skirts between the trailers and the building should be
installed to prevent exposure of loading activities to rain.
Street/parking- lot Svree in : Implement a program to regularly sweep
streets, sidewalks and parking lots to prevent the accumulation of litter
and debris. Debris resulting from pressure washing should be trapped
and collected to prevent entry into the storm drain system. Washwater
containing any cleaning agent or degreaser should be collected and
discharged to the sanitary severer.
MM XII -1: All store deliveries shall be restricted to between the hours of :00 AI D
to 10:00 Pi, and the current parking limitations on either side of South
Courtland Street shall be maintained.
MM I1 -2: Construction plans for any store located along the rear of Subarea 3
Agenda Item 9.d.
Page 25
RESOLUTION NO,
PAGE 2
shall include a noise harrier, either a block wall o an extension of the store
building, to not less than twelve 12 feet above the delivery area, tapering to
a height of sic at the eastern property line (hack of sidewalk) at a 1:1 ratio.
Additionally, any residential structures that, absent the noise harrier, would have
a direct line of sight to the delivery area shall include acoustical treatment to
reduce exterior noise levels by thirty 3 decibels, the cost of which shall be
borne by the developer f the store.
MM I -1: The East Grand Avenue median located between C urtland Street
and Elm Street shall be reconstructed to accommodate an adequate length left-
turn pocket (East Grand A venue to South C urtland Street) in accordance with
the final queuing analysis prior to operation of any commercial use on Subarea
3.
Agenda Item 9.d.
Page 26
5 PARO�6
pYCORPO iATED
Z;
F"
JkxY 10 f91
c�
M EMORANDUM
TO: CITY COUNCIL
FROM TER ESA ESA MCCLISH, 40 COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: SUPPLEMENTAL INFORMATION
MARCH 8,2011 CITY COUNCIL AGENDA ITEM 9.d.
DATE: MARCH 7,2011
Attached is the proposed Arroyo Grande Redevelopment A ncy Resolution a pprovin g
a n Affordable Housing and Loan Agreement for the Peoples' Self -Help Housing Project,
which was inadvertently left out of the Agenda packet.
City Manager
City Att
City Cl
RESOLUTION No. RDA 11-
RESOLUTION of THE ARROYO GRANDE REDEVELOPMENT
AGENCY APPROVING ING AN AFFORDABLE HOUSING AND LOAN
AGREEMENT FOR THE DEVELOPMENT of AN AFFORDABLE
LE
HOUSING DENTAL PROJECT AND FINDING THAT THE AGENCY'S
EXPENDITURE OF LOW AND MODERATE INCOME HOUSING FUNDS
OUTSIDE THE BOUNDARIES of THE ARROYO GRANDE
REDEVELOPMENT PF JEDT AREA BENEFITS THE PROJECT AREA
I HE EAS the Arroyo Grande Redevelopment Agency "Agency" is aM public body,
corporate and politic, organized and existing under the California Community
Redevelopment Larw (Health & Safety Code § 33000 et seq.); and
WHEREAS, EAS, the Agency and the City Council of the City of Arroyo Grande, in
accordance ith all applicable laver, previously adopted the Redevelopment Plarn for the
Arroyo Grande Redevelopment Project Area, as amended "F d v lopm nt Plan" or
"Project Areas f " as app ro p riate); and
WHEREAS,, EAS Peoples' Self -Help Housing Corporation, a California nonprofit public
benefit corporation ("Developer'), is the owner In fee of that certain unimproved real
property located on the unrest side of Courtland Street south of Grand Avenue in the City
of Arroyo Grande "Property "; and
1 HEF EAS,, Developer d wires to develop 36 unit affordable housing rental project on
the Property "Project "; and
WHEREAS, EAS, the Agency is obligated under the California Community Redevelopment
Law (the "CI L" ) to expend twenty percent 20% of all taxes allocated to the Agency
pursuant to Health and Safety Code Section 330 (the Agency's "Housing Funds" ) for
the provision of affordable housing; and
WHEREAS, EAS, in furtherance of the Agency's goals to improve, increase, and preserve the
community's supply of affordable housing, Agency staff has prepared an Affordable
Housing and Loan Agreement "Loam Agreement") to be entered into between Agency
and Developer,, pursuant to which the Agency would provide a loan to Developer for the
development of the Project on the Property in the amount not to exceed the sum of Nine
Hundred Thirty Thousand Dollars 30,000.00; and
WHEREAS, EAS, a portion of the Property is not located in the Project Area: and
WHEREAS, EAS, the C L provides that ar redevelopment am a not use its Housing
Funds outside of the project area unless it determines that such use will be of benefit to
the project; and
WHEREAS, Agency staff recommends than the Agency Board of Directors find that the
Agency's use of Housing Funds outside of the Project Area is of benefit to the Project
RESOLUTION CVO.
PAGE
Area in that i such use will serve to increase, improve, and preserve the community's
supply of affordable housing, which is one of the primary goals of redevelopment and of
the Redevelopment Plan, and is of benefit to the Project Area; and (ii) the development
of the Prop both the portions within and outside the Project Area, as single
integrated affordable housing project is a more beneficial use of the Property and will
result in the creation of an increased number of affordable units.
NOW, THEF EFOF E,, the Board of Directors of the A rroyo Grande Redevelopment
Agency re as follows:
1. The foregoing Recitals are true and correct and are incorporated herein.
2. The Board of Directors hereby:
( approves the Loan A greement, in the form presented to the Agency
Board concurrent with this Resolution, and authorizes the A gency Executive Director or
Agency Chair, each as the sole required signatory on behalf of the Agency, to finalize
and execute the Loan Agreement on behalf of the Agency;
(b) authorizes the Agency Chair or Executive Director, each as the sole
required signatory on behalf of the Agency, to take such other and further actions, and
sign such other and further documents as are necessary arnd required to consummate
the transactions contemplated under the Loan Agreement, including executing of the
documents and agreements attached as exhibits to the Loan Agreement; and
(c) finds and determines, in accordance with Health and Safety Code
Section 33334.2(8)* that the gem's use of Housing Funds outside the Project Area
will be of benefit to the Project Area in that i such use will serve to increase, improve,
and preserve the community's suppler of affordable housing, which is one of the primary
goals of redevelopment and of the Redevelopment Plan, and is of benefit to the Project
Area; and (ii) the development of the Property, both the portions within and outside the
Project Area, as a single integrated affordable housing project is a more beneficial use
of the Property and will result in the creation of an increased number of affordable units.
On motion of Board Member , seconded by Board Member
, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was parsed and adopted this 8th day of March, 2011.
RESOLUTION N .
PAGE
TONY F E FAA, AGENCY CHAIR
ATTEST:
KELLY WET O E, AGENCY SECRETARY
Y
APPROVED AS TO CONTENT:
STEVEN ADAMS,
AGENCY EXECUTIVE DIRECTOR
F
APPROVED AS TO FORM:
TAN & TUCKER, L L P
AGENCY SPECIAL COUNSEL