Agenda Packet 2006-11-28
CITY OF
Tony Ferrara
Jim Guthrie
Jim Dickens
Joe Costello
Ed Arnold
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Agenda
City Council
~~~~L I FO R ~.'Ifj
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Steven Adams City Manager
Timothy J. Carmel City Attorney
Kelly Wetmore City Clerk
AGENDA SUMMARY
CITY COUNCIUREDEVELOPMENT AGENCY MEETING
TUESDAY, NOVEMBER 28,2006
7:00 P.M.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
1.
CALL TO ORDER:
7:00 P.M.
2.
ROLL CALL:
COUNCILlRDA
3.
FLAG SALUTE:
GIRL SCOUT CADET TROUP 829 OF
TRES CONDADOS
4.
INVOCATION:
PASTOR JERRY NELSON
SEVENTH-DAY ADVENTIST
5. SPECIAL PRESENTATIONS:
5.a. Mavor's Commendation - Michele Stearns. Arrovo Grande Police Department
6. AGENDA REVIEW:
6a. Move that all ordinances presented tonight be read in title only and all further readings
~~~. .
AGENDA SUMMARY - NOVEMBER 28, 2006
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 t~e 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Member may request that any item be withdrawn from the Consent Agenda to permit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. Cash Disbursement Ratification (KRAETSCH)
Recommended Action: Ratify the listing of cash disbursements for the pei'iod
November 1, 2006 through November 15, 2006.
8.b. Statement of Investment DeDosits (KRAETSCH)
Recommended Action: Receive and file the report of current investment deposits
as of October 31,2006.
8.c. Consideration of Lease Aareement Between the Citv of Arrovo Grande and the
5 Cities Communitv Services Foundation 1400 West Branch Street)
(HERNANDEZ/CARMEL)
Recommended Action: Approve and authorize the Mayor to execute a Lease
Agreement with the 5 Cities Community Services Foundation for property located at
400 West Branch Street.
8.d. Consideration of a Resolution AcceDtina Public ImDrovements and Easements
for CUP 01-014. Courtland Senior Housina. Located at N. Courtland Street and
E. Grand Avenue. Constructed bv Cobalt Construction (SPAGNOLO)
Recommended Action: Adopt Resolution accepting the public improvements and
easements for CUP 01-014, Courtland Senior Housing, located at N. Courtland Street
and E. Grand Avenue, constructed by Cobalt Construction.
AGENDA SUMMARY - NOVEMBER 28, 2006
PAGE 3
8. CONSENT AGENDA: (continued)
8.e. Consideration of Aareement with Parkina Desian GrouD for PreDaration of
Parkina Structure Feasibilitv Studv (ADAMS)
[CCfRDA]
Recommended Action: It is recommended the City Council/Redevelopment Agency
approve and authorize the City Manager/Executive Director to execute the proposed
Agreement with Parking Design Group to prepare a parking structure feasibility study
and appropriate $10,500 from the Redevelopment Agency Fund.
8.f. Consideration of Cancellation of December 26. 2006 Citv Council Meetina
(ADAMS)
Recommended Action: Cancel the regularly scheduled Council meeting of
December 26th due to the holiday.
8.g. Consideration to ADDrove the Plans and SDecifications for the Picnic Shelter
Structure at Elm Street Park. PW 2006-05 (SPAGNOLO)
Recommended Action: 1) Approve the plans and specifications for the Picnic
Shelter Structure at Elm Street Park, PW 2006-05; 2) Find that the project is
categorically exempt from CEQA pursuant to Section 15301 (d); 3) Direct the Director
of Administrative Services to file a Notice of Exemption; and 4) Appropriate $10,000
from the Park Development Fund.
8.h. Consideration to ADDrove Final Tract MaD 2236 - Grace Lane: Subdividina 29.5
Acres into Nineteen (19) Residential Parcels. One (1) ODen SDace Parcel. and
One (1) ODen SDace/Drainaae Easement Parcel (SPAGNOLO)
Recommended Action: Approve Final Tract Map 2236 - Grace Lane, subdividing
29.5 acres into nineteen (19) residential parcels, one (1) open space parcel, and one
(1) open space/drainage easement parcel.
8.1. Consideration to ADDrove Bicvcle TransDortation Account Proiect ADDlications
(STRONG)
Recommended Action: Adopt Resolution authorizing the City Manager to file two
Bicycle Transportation Account (BTA) Project Applications for bike lane restriping of
East Grand Avenue (between Elm and Halcyon) and James Way (between Oak Park
Boulevard and Tally Ho Road).
8.j. Consideration of Ordinance ADDrovina DeveloDment Code Amendment 06-003
and AdoDtion of Resolution ADDrovina Vestina Tentative Tract MaD 04-002 and
Planned Unit DeveloDment 04-002: ADDlicant - Creekside Estates of Arrovo
Grande. LLC: Location - 9 acres located East of Noauera Place and North of
East Cherry Avenue Extension (Cherry Creek) (HEFFERNaN)
Recommended Action: 1) Adopt Ordinance Amending the Zoning Map to Designate
the Subject Property as Single-Family Residential (SF); Development Code
Amendment 06-003, Applied for by the City of Arroyo Grande for Property Located
East of Noguera Place and North of East Cherry Avenue Extension; and 2) Adopt
Resolution Approving Vesting Tentative Tract Map No. 04-002 and Planned Unit
Development 04-002.
AGENDA SUMMARY - NOVEMBER 28, 2006
PAGE 4
8. CONSENT AGENDA: (continued)
8.k. Consideration of Resolution Upholdina an Appeal of the Plannina
Commission's Approval of Plot Plan Review 06-015 to Convert Twelve (12) of
the Sixtv (60) Previously Approved Condominium Units from Two (2) Bedrooms
to Three (3) Bedrooms: Applicant - Ocean .Oaks Builders: Location - 579
Camino Mercado (STRONG)
Recommended Action: Adopt Resolution.
8.1. Consideration of Increasina the Total Contract Cost for the 2006 Annual Street
Maintenance Proiect. PW 2006-07 (SPAGNOLO)
Recommended Action: 1) Increase the total contract cost for the 2006 Annual
Street Maintenance Project, PW 2006-07, to Granite Construction from $249,252 to
$343,575: and 2) Approve the expenditure of $37,000 from Proposition 42 Funds and
$15,789 from the Urban State Highway Account (USHA) Fund.
9. PUBLIC HEARINGS:
9.a. Consideration of Appeal of Plannina Commission's Approval of Conditional
Use Permit 06-005: Location: 231 South Halcyon Road (STRONG)
Recommended Action: Adopt Resolution denying the applicant's appeal of
Condition of Approval #15 for Conditional Use Permit 06-005, and upholding the
Planning Commission's approval.
9.b. Consideration of Appeal of Plannina Commission's Approval of Conditional
Use Permit Case No. 06-006: East Branch Street and Stanley Avenue (Pauldina
Middle School and the Bus Barn) (STRONG)
Recommended Action: 1) Consider the applicant's appeal of the Planning
Commission's approval of Conditional Use Permit Case No. 06-006 regarding
conditions of approval related to Stanley Avenue improvements, storm drainage and
development impact fees; 2) Approve changes to staff's recommended conditions of
approval including waiving of project impact fees; 3) Uphold conditions of approval
generated by the Planning Commission and Architectural Review Committee; and 4)
Adopt a Resolution upholding the appeal and approving Conditional Use Permit 06-
006 as modified.
9.c. Consideration of General Plan Amendment Case No. 06-002, Bikewav and
Sidewalk/Pedestrian Enhancement Plans (STRONG)
Recommended Action: Adopt Resolution approving General Plan Amendment Case
No. 06-002 to approve the Bike Plan and Sidewalk/Pedestrian Enhancement Plan
along with related amendments to be integrated into the CirculationlTransportation
Element and the Parks and Recreation Element of the 2001 General Plan.
9.d. Consideration of a Resolution Ordering Formation of the Grace Lane
Assessment District. Confirmina Assessments. District Diaaram And
Approvina the LeVYina of Assessments (CARMEL)
Recommended Action: Adopt Resolution ordering formation of the Grace Lane
Assessment District, confirming assessments, assessment district diagram and
approving the levying of assessments.
AGENDA SUMMARY - NOVEMBER 28, 2006
PAGE 5
10. CONTINUED BUSINESS:
10.a. Consideration of Adoption of the Five-Year Radar Speed Survev for West
Branch Street. East Grand Avenue and Olohan Allev (SPAGNOLO)
Recommended Action: 1) Adopt Resolution certifying the five-year radar speed
survey for West Branch Street and East Grand Avenue; and classifying Olohan Alley
as an alley and establish a posted speed limit of 15 miles per hour; and 2) Direct staff
to implement striping revisions to Rancho Parkway and perform a follow-up radar
speed survey on Rancho Parkway for future consideration by Council.
11. NEW BUSINESS:
11.a. Consideration of Fiscal Year 2006-07 First Quarter Budaet Status Report
(KRAETSCH)
Recommended Action: It is recommended the City Council/Agency Board 1)
Approve carryover appropriations as shown in Schedule A; 2) Approve budget
adjustments and recommendations as shown in Schedule A.
12. CITY COUNCIL REPORTS:
This item gives the Mayor and Council Members the opportunity to present.reports to
the other members regarding committees, commissions, boards, or special projects
on which they may be participating.
(a) MAYOR TONY FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORTA)
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(3) Other .
(b) MAYOR PRO TEM JIM GUTHRIE:
(1) County Water Resources Advisory Committee (WRAC)
(2) Other
(c) COUNCIL MEMBER JIM DICKENS:
(1) South County Area Transit (SCAT)
(2) South County Youth Coalition
(3) Other
(d) COUNCIL MEMBER JOE COSTELLO:
(1) Zone 3 Water Advisory Board
(2) Air Pollution Control District (APCD) .
(3) Fire Oversight Committee
(4) Fire Consolidation Oversight Committee
(5) Other
(e) COUNCIL MEMBER ED ARNOLD:
(1) Integrated Waste Management Authority Board (IWMA)
(2) California Joint Powers Insurance Authority (CJPIA)
(3) Economic Vitality Corporation (EVe) ,
(4) Other
AGENDA SUMMARY - NOVEMBER 28, 2006
PAGE 6
13. CITY COUNCIL MEMBER ITEMS:
The following item(s) are placed on the agenda by a Council Member who would like
to receive feedback, dir~ct staff to prepare information, and/or request a formal
agenda report be prepared and the item placed on a future agenda. No formal action
can be taken.
a. None.
14. CITY MANAGER ITEMS:
The following item(s) are placed on the agenda by the City Manager in order to
receive feedback and/or request direction from the Council. No formal action can be
taken.
a. None.
15. COUNCIL COMMUNICATIONS:
Correspondence/Comments as presented by the City Council.
16. STAFF COMMUNICATIONS:
Correspondence/Com~ents as presented by the City Manager.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions. Comments should be limited to those matters that
are within the jurisdiction of the City Council. The Brown Act restricts the Council
from taking formal action on matters not published on the agenda.
18. ADJOURNMENT
*************************
All staff reports or other written documentation relating to each item of business referred to on the agenda
are on file in the City Clerk's office and are available for public inspection and reproduction at cost. If
requested, the agenda shall be made available in appropriate alternative formats to persons with a
disability, as required by the Americans with Disabilities Act. To make a request for disability-related
modification or accommodation, contact the Administrative Services Department at 805-473-5414 as soon
as possible and at least 48 hours prior to the meeting date.
*************************
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.arrovoqrande.orq
**************************
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.orq.
5.8.
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a or's Commendation
'Presentea to
iche[e Stearns
On tliis 28th day of Novemver, 2006
In 'REcognition of your Outstanding 'WorR
ana 'Exemy{ary SRi{Cs in Managing
Yo{unteers, 'Designing ana Conaucting .
Crime Prevention 'Programs ana .
'REyresenting tlie .J\.rroyo (jranae 'Pofice
'Deyartment ana our Community.
8.a.
MEMORANDUM
TO:
FROM:
CITY COUNCIL .A
ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES ,;<
FRANCES R. HEAD, ACCOUNTING SUPERVISO~
CASH DISBURSEMENT RATIFICATION W
BY:
SUBJECT:
DATE:
NOVEMBER 28, 2006
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period November 1 through November 15, 2006.
FUNDING:
There is a $655,000.94 fiscal impact that includes the following items:
· Accounts Payable Checks 128861-129076
. Payroll Checks & Benefit Checks
$ 210,238.75
$444,762.19
All payments are within the existing budget.
DISCUSSION:
The attached listing represents the cash disbursements required of normal and usual
operations. It is requested that the City Council approve these payments.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve staffs recommendation;
. Do not approve staff's recommendation;
. Provide direction to staff.
Attachments:
Attachment 1- November 1- November 15, 2006, Accounts Payable Check Register
Attachment 2- November 9, 2006, Payroll Checks & Benefit Checks Register
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ATTACHMENT 2
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
10/20/06 - 11/2/06
11/09/06
FUND 010
FUND 220
FUND 284
FUND 285
FUND 612
FUND 640
400,474.19
18,250.83
681.28
681.32
6,605.04
18,069.53
444,762.19
5101
5102
5103
5105
5107
5108
5109
5110
5111
5112
5113
5114
5115
5121
5122
5123
5126
5127
5131
5132
5133
5134
5135
5143
5144
5146
5147
5148
5149
5150
Salaries Full time
Salaries Part-Time - PPT
Salaries Part-Time - TPT
Salaries OverTime
Salaries Standby
Holiday Pay
Sick Pay
Annual Leave Buyback
Vacation Buyback
Sick Leave Buyback
Vacation Pay
Comp Pay
Annual Leave Pay
PERS Retirement
Social Security
PARS Retirement
State Disability Ins.
Deferred Compensation
Health Insurance
Dental Insurance
Vision Insurance
Life Insurance
Long Term Disability
Uniform Allowance
Car Allowance
Council Expense
Employee Assistance
Boot Allowance
Motor Pay
Bi-Lingual Pay
220,729.38
23,346.10
9,038.32
18,888.62
380.01
8,607.09
3,785.86
7,392.18
4,888.04
2,060.59
75,433.55
19,712.24
391.88
1,094.31
775.00
40,422.92
4,853.31
1,123.21
620.83
875.00
68.75
75.00
200.00
444,762.19
a.b.
MEMORANDUM
TO:
CITY COUNCIL
FROM:
ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES
FRANCES R. HEAD, ACCOUNTING SUPERVISO~
STATEMENT OF INVESTMENT DEPOSITS \1/
BY:
SUBJECT:
DATE:
NOVEMBER 28, 2006
RECOMMENDATION:
Staff recommends that the Council receive and file the attached report listing the current.
investment deposits of the City of Arroyo Grande, as of October 31, 2006, as required by
Government Code Section 53646 (b).
DISCUSSION:
This report represents the City's investments as of October 31, 2006. It includes all
investments managed by the City, the investment institution, investment type, book value,
maturity date, and rate of interest. As of October 31, 2006, the investment portfolio was in
compliance with all State laws and the City's investment policy.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve staff's recommendation;
. Do not approve staff's recommendation;
. Provide direction to staff.
Attachment: Portfolio Summary
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MEMORANDUM
TO:
FROM:
CITY COUNCIL
STEVEN ADAMS, CITY MANAGER -)<<
TIM CARMEL, CITY ATTORNEY
CONSIDERATION OF LEASE AGREEMENT BETWEEN THE CITY OF
ARROYO GRANDE AND THE 5 CITIES COMMUNITY SERVICES
FOUNDATION (400 WEST BRANCH STREET)
NOVEMBER 28, 2006
SUBJECT:
DATE:
RECOMMENDATION:
It is recommended that the City Council approve and authorize the Mayor to execute the
attached Lease Agreement (the "Lease") with the 5 Cities Community Services
Foundation (the "Foundation") for property located at 400 West Branch Street, Arroyo
Grande.
FUNDING:
Under the proposed Agreement, the Foundation is responsible for all funding and
related costs associated with the construction, operation and maintenance of the
proposed recreational facility. The Foundation will be required to pay the City one dollar
($1.00) per year as well as pay for all utilities, taxes and assessments. Additionally, the
Foundation is responsible for payment of all taxes and assessments related to the
subject property. The City may choose to participate with some construction and/or
operational costs at some point in time. However, none is proposed or required as a
result of the approval of this Lease.
DISCUSSION:
The City of Arroyo Grande ("City") owns approximately 5.3 acres of certain real property
located at 400 West Branch Street (the "Property"), Arroyo Grande, adjacent to the
Woman's Club and Community Center. The Property was acquired from the County of
San Luis Obispo and was deeded to the City with a deed restriction requiring the
premises to be used for municipal facilities or to be leased to a private non-profit
organization for the use and fulfillment of a charitable purpose, specifically including
youth recreation.
On December 13, 2005, the City Council considered a pre-application review of a
proposed community recreational center to be constructed on the Property (the
"Project") by the Foundation, a private non-profit organization. The proposed Project is a
58,602 square feet structure which is intended to be utilized for a flexible arrangement
of youth oriented recreational activities including, but not limited to, basketball,
CITY COUNCIL
CONSIDERATION OF LEASE AGREEMENT BETWEEN THE CITY OF ARROYO
GRANDE AND THE 5 CITIES COMMUNITY SERVICES FOUNDATION
NOVEMBER 28, 2006
PAGE 2
volleyball, exercise rooms, dance and aerobics. At the pre-application hearing, the City
Council provided comment and recommended that the Project move forward, and that
the construction of the Project take place only after design and approval of funding for
the Briscol Halcyon Interchange improvements is completed.
On October 11, 2006, the City Parks and Recreation Commission considered the
attached Lease and recommended that the City Council approve the Lease. At the
November 14, 2006 meeting, the City Council tentatively approved the Agreement with
requested changes to required timelines. Staff was requested to solicit feedback
regarding the changes from the Foundation. They have concurred with the
amendments.
The Lease provides for a fifty (50) year initial term with annual automatic extensions.
Beginning with the first day of January of the year where the Lease will have an
unexpired term of nineteen (19) years, and each first day of January thereafter, an
additional year is added automatically to the remainder of the initial term, unless a
notice of non renewal is given.
Based on City Council direction, the Lease now includes a provision that requires City
approval of the project within four (4) years of execution, plus a 2-year extension if
approved by the City. Construction of the proposed project improvements must
commence by no later than three (3) years after the Brisco IHalcyon Interchange
improvements are designed and full funding is programmed. The Lease further requires
such improvements to the Property be completed no later than ten (10) years after the
Brisco IHalcyon Interchange improvements are designed and full funding is
programmed. If any of these terms are not met, the City may terminate the Lease at
that time.
The Lease is necessary for the Foundation to secure funding for the Project. If
approved by the Council, the Lease will be agendized for consideration and ratification
by the County Board of Supervisors, as required by the deed restriction.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve and authorize the Mayor to execute the Lease;
2. Provide comment and direction to staff; and
3. Do not approve Lease.
Attachment:
1. Lease Agreement
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") is made and entered into this _ day of
, 2006, in the City of Arroyo Grande, County of San Luis Obispo, California, by and
between the CITY OF ARROYO GRANDE ("City"), a municipal corporation duly organized
and existing pursuant to the Constitution and laws of the State of California, and 5 CITIES
COMMUNITY SERVICE FOUNDATION ("5 Cities Foundation"), a California non-profit
corporation, with reference to.the following facts and intentions: ,.
RECITALS
WHEREAS, City is the owner of a real property located at 400 West Branch Street in the
City of Arroyo Grande, State 'of California and legally described in Exhibit A, attached
hereto and incorporated herein ("hereinafter referred to as the "Premises");
WHEREAS, the Premises are zoned Public Facilities and were deeded to the City by the
County of San Luis Obispo with a deed restriction requiring the premises to be used for
Municipal Facilities or to be leased to a private nonprofit organization for use and
fulfillment of a charitable purpose, including community recreation;
WHEREAS, consistent with the deed restriction, the 5 Cities Foundation proposes to
lease the Premises from City for the purpose of community recreation and related
purposes;
WHEREAS, the 5 Cities Foundation proposes to build certain improvements upon the
Premises consisting of a community center totaling approximately 58,602 square feet, with
facilities that include, but are not limited to, a flexible arrangement of basketball and
volleyball courts, community and exercise rooms for gymnastics, dance and aerobics
(hereinafter referred to as the "Project"); and
WHEREAS, the parties find that it would be to their mutual advantage and overall public
benefit for City to lease the Premises to the 5 Cities Foundation as described herein in
order for 5 Cities Center to proceed with the Project.
NOW, THEREFORE, in consideration of the mutual promises herein, contained and other
good and valuable consideration, it is agreed:
ARTICLE 1. DEFINITIONS.
The following terms shall, for all purposes of this Lease, have the following meaning as set
forth below.
1.1 5 Cities Foundation shall refer to the meaning assigned thereto in the preamble
hereto. Additionally, 5 Cities Foundation shall also refer singularly and collectively to 5
Cities Foundation and 5 Cities Foundation's officers, members, agents, employees, and
LEASE AGREEMENT
5 CITIES COMMUNITY SERVICES FOUNDATION
Page 1 of 17
independent contractors as well as to all persons and entities claiming through any of
these persons or entities
1.2 City shall refer to the meaning assigned thereto in the preamble hereto.
Additionally, City shall also refer to singularly and collectively to City and the respective
Council members, officials, officers, representatives, agents, servants, employees, and
independent contractors of these persons or entities
1.3 Improvements. The term "Improvements" or "Improvement" includes, but is not
limited to, construction, grading, restorations, alterations, rebuilding, additions, changes,
repairs, upgrades, replacements, remodeling, reconditioning, or modifications of any and
all portions of the Premises of which includes, but is not limited to, all portions under, on
and above the Premises.
1.4 Laws and Orders. The term "laws and orders" includes all laws, statutes,
ordinances, standards, rules, requirements, regulations, decrees, judgments, or orders
now in force or hereafter enacted, promulgated, or issued by all federal, state, county, city,
or other governmental agencies, courts, departments, commissions, boards, and officers.
The term also includes government measures regulating or enforcing public access,
occupational, health, fire, earthquake, or safety standards for employers, employees,
landlords, or tenants.
1.5 Lease Commencement Date. The Lease commencement date is the date of Lease
set forth in Article 1, Section 1.6.
1.6 Lease Term. This Lease shall be effective as of the day and year first above written
and shall remain in effect for an initial term of fifty (50) years therefrom; provided,
however, that beginning with the first day of January of the year in which the Lease will
have an unexpired term of nineteen (19) years, and each first day of January thereafter, a
year shall be added automatically to the remainder of the initial term unless a notice of
non renewal is given as provided herein. If either party desires not to renew this Lease,
that party shall serve written notice of non renewal of this Lease on the other party at least
ninety (90) days prior to the automatic annual renewal date of this Lease specified above.
1.7 Premises. The Premises refers to the building and real property and any and all
improvements thereon located at 400 West Branch Street in the City, legally described in
Exhibit A and which is the subject of this Lease.
ARTICLE 2. LEASE, CONDITION, FAILURE TO COMMENCE/COMPLETE
IMPROVEMENTS AND RESERVATION OF RIGHTS.
2.1 Lease of Premises.. In consideration of the rents, covenants, and agreements
contained in this Lease, City hereby leases to 5 Cities Foundation, and 5 Cities
Foundation hereby leases from City, the Premises.
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2.2 Lease Conditional upon Approval by City for Use. 5 Cities Foundation
acknowledges that this Lease is subject to and conditioned upon final approval of the
Project by City and that this Lease does not warrant, represent, promise, guarantee or
secure final approval of the Project. Additionally, 5 Cities Foundation acknowledges that
this Lease is subject to and conditioned upon the design completion and approval of
funding for Improvements related to the Brisco/Halcyon Interchange, as further specified
herein. Notwithstanding the above, 5 Cities Foundation agrees that if final approval of the
Project is not obtained within four (4) years of the Lease Commencement Date ("Final
Project Approval Requirement"), either party shall have the right to cancel the remaining
term of the Lease, without incurring any liability. The City may, in its sole discretion,
approve up to a two (2) year extension to the Final Project Approval Requirement.
2.3 Name of Landlord and Tenant. The landlord is the City of Arroyo Grande and the
tenant is the 5 Cities Foundation.
2.4 Present Condition of Premises. 5 Cities Foundation represents that it has
conducted an inspection and examination of the Premises that are the subject of this
Lease and acknowledges that the Premises is currently a vacant unimproved parcel and
requires improvement to make the Premises usable for the Project
2.4.1 As-Is Condition. 5 Cities Foundation accepts the Premises as-is, in their present
. condition or state as of the date of this Lease, including any and all patent or latent
defects, without any representation or warranty, express or implied in fact or by law, by
City and without recourse against City as to the nature, condition, or usability of the
Premises.
2.5 Failure to Commence Project Improvements. 5 Cities Foundation hereby
acknowledges that failure to commence Project Improvements within three (3) years after
the completion of final design and approval of all funding for the Brisco/Halcyon
Interchange as determined by City, in its sole discretion, will result in the City being vested
with the absolute right to cancel the remaining term of the Lease, without incurring any
liability. City will provide written notice to 5 Cities Foundation of completion of final design
and approval of all funding for the Brisco/Halcyon Interchange ("Notice of Design
Completion and Funding Approval").
2.6 Failure to Complete Project Improvements. 5 Cities Foundation hereby
acknowledges that failure complete construction of Project Improvements within ten (10)
years of the date of the Notice of Design Completion and Funding Approval will result in
the City being vested with the absolute right to cancel the remaining term of the Lease,
without incurring any liability.
2.6.1 Such time for completion shall be extended for so long as 5 Cities Foundation shall
be prevented from completing the construction of improvements by interference or delays
beyond the reasonable control of 5 Cities Foundation, as determined by City in its sole
discretion.
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2.7 Reservation of Rights. City reserves all rights in the economic value of the
leasehold, and all rights reserved to the City by operation of law.
ARTICLE 3. RENT AND ADDITIONAL RENT.
3.1 Base Rent. 5 Cities Foundation shall pay to City on or before the last business day
of the first month of each Lease year a base rent in the sum of One Dollar ($1.00) per year
for each year of the Lease term.
3.2 Additional Rent. In addition to the base rent, 5 Cities Foundation shall pay an
additional rent comprised of the payment of all utilities (Article 5), payment of
assessments, both currently levied and imposed in the future and taxes (Article 6), and the'
payment of insurance (Article 7).
ARTICLE 4. USE OF PREMISES.
4.1 Permitted Use and Maintenance of Premises. During the Lease term, 5 Cities
Foundation shall solely use the Premises consistent with the terms and conditions set
forth in the final approval by City for the Project which shall be oriented to community
recreation and youth sports and events and related incidental uses generally appurtenant
to the business of the 5 Cities Foundation. 5 Cities Foundation may use the Premises for
special events relating to the community, subject to obtaining City's authorized written
consent. 5 Cities Foundation shall landscape and maintain the grounds outside the
building in a manner consistent with the final approval of the Project. 5 Cities Foundation
shall not use or permit the Premises to be used for any other purpose without City's prior
written consent, which may be granted or withheld in City's sole discretion. During the
Lease Term, 5 Cities Foundation, at its sole cost and expense and at no cost and expense
to City, shall continuously and without exception repair, maintain, and make improvements
to all portions of the Premises to ensure that all portions thereof are in a good order, safe
condition, and repair in compliance with all laws and orders.
4.2 City's Right of Access to and Use of Premises. City and its agents shall have the
right at all reasonable times to enter the Premises to perform functions, including, but not
limited to the following: inspect the Premises; show the Premises to prospective
purchasers or mortgagees; serve, post, and keep posted notices required by law or that
City considers necessary for the protection of City or the Premises; inspect the Premises
for any purpose connected with the care and management of the Premises; perform
services required of City; take possession due to any breach of this Lease; perform any
covenants of 5 Cities Foundation that 5 Cities Foundation fails to perform, or for any other
purpose reasonably connected with City's interest in the Premises. City also reserves the
right to use the grounds outside the building and may use the building itself without charge
for functions, activities, or meetings on mutually agreed upon dates and times by
requesting the same from 5 Cities Foundation, whose consent to such use by City shall
not be unreasonably withheld.
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ARTICLE 5 UTILITIES.
5.1 Payment of Utility Services as Additional Rent. 5 Cities Foundation shall initiate,
contract for, and obtain, in its name, all utility services required for the Premises, including
gas, electricity, telephone, cable, internet, water, janitorial, trash removal, sewer, and any
other utility used, utilized or consumed in the Premises during the Lease term. 5 Cities
Foundation shall pay, and hold City and the Premises free and harmless from all charges
for utility services as 'they become due as part of the rental of the Premises. All such
charges shall be paid by 5 Cities Foundation directly to the provider of the service and
shall be paid as they become due and payable, but in any event before delinquency. City
may elect to immediately terminate this Lease if 5 Cities Foundation fails or refuses to pay
the charges for utility services as assessed or incurred.
ARTICLE 6. TAXES AND ASSESSMENTS.
6.1 Payment of Taxes and Assessments as Additional Rent. The execution of this
Lease may create a taxable property interest in the Premises for the 5 Cities Foundation.
In such event 5 Cities Foundation shall pay such possessory interest taxes and any other
tax imposed on the Premises when due and hold the City and the Premises harmless
therefor. In the event that a special assessment is imposed on the Premises that relates to
5 Cities Foundation's use of the Premises, 5 Cities Foundation shall be responsible for
payment of such assessment(s). The City may elect to immediately terminate this Lease if
5 Cities Foundation fails or refuses to pay taxes and/ or assessments.
ARTICLE 7. EXCULPATION, INDEMNIFICATION, AND INSURANCE.
7.1 Exculpation. To the fullest extent permitted by law, 5 Cities Foundation, on its
behalf and on behalf of all 5 Cities Foundation parties, waives all claims, in law, equity, or
otherwise, against City, its officials, employees and agents, and knowingly and voluntarily
assumes the risk of, and agrees that City parties shall not be liable to 5 Cities Foundation
parties, for any of the following: injury to or death of any person; or loss of, injury or
damage to, or destruction of any tangible or intangible property, including the resulting
loss of use, economic losses, and consequential or resulting damage of any kind from any
cause. City parties shall not be liable under this clause regardless of whether the liability
results from any active or passive act, error, omission, or negligence of any of City parties;
or is based on claims in which liability without fault or strict liability is imposed or sought to
be imposed on any of City parties. This exculpation clause shall not apply to claims
against City parties to the extent that a final judgment of a court of competent jurisdiction
establishes that the injury, loss, damage, or destruction was proximately caused by City
parties' fraud, willful injury to person or property, sole active negligence, or violation of law.
Such exculpation shall survive the expiration or earlier termination of this Lease until all
claims within the scope of this exculpation clause are fully, finally, and absolutely barred
by the applicable statutes of limitations. 5 Cities Foundation acknowledges that this
section was negotiated with City, that the consideration for it is fair and adequate, and that
5 Cities Foundation had a fair opportunity to negotiate, accept, reject, modify, or alter it.
With respect to the exculpation provided in this Article, 5 Cities Foundation waives the
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benefits of Section 1542 of the Civil Code, that provides that "a general release does not
extend to claims which the creditor does not .know or suspect to exist in his favor at the
time of executing the release, which if known by him must have materially affected his
settlement with the debtor."
7.2 Insurance. Without limiting 5 Cities Foundation indemnification of City, 5 Cities
Foundation shall procure and maintain, for the duration of the Lease, insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with Five Cities Foundation's operation and use of the Premises. The cost of
such insurance shall be borne by Five Cities Foundation.
7.2.1 Minimum Scope and Limits of Insurance. Coverage shall be at least as broad as:
a. Commercial General Liability Insurance using Insurance Services Office
"Commercial General Liability" policy from CG 00 01 or the exact equivalent.
Defense costs must be paid in addition to limits. There shall be no cross liability
exclusion for claims or suits by one insured against another. Limits are subject to
review, and revision in City's reasonable discretion, but in no event less than
$1,000,000 per occurrence while land is unimproved and $3,000,000 per
occurrence upon commencement, throughout, and after construction of
improvements;
b. Business Auto Coverage on ISO Business Auto Coverage from CA 00 01
including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review,
and revision in City's reasonable discretion, but in no event to be less than
$5,000,000 per accident. If 5 Cities Foundation owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If 5 Cities Foundation or its employees will use personal autos in
any way on this project, 5 Cities Foundation shall provide evidence of personal auto
liability coverage for each such person.
c. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the
underlying coverages. Any such coverage provided under an umbrella liability
policy shall include a drop down provision providing primary coverage above a
maximum $25,000 self-insured retention for liability not covered by primary but
covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis,
with defense costs payable in addition to policy limits. Policy shall contain a
provision obligating insurer at the time insured's liability is determined, not requiring
actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage
shall be applicable to City for injury to employees of 5 Cities Foundation, assigns or
others. The scope of coverage provided is subject to approval of City following
receipt of proof of insurance as required herein. Limits are subject to review, and
revision in City's reasonable discretion, but in no event less than $5,000,000 per
occurrence.
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7.2.2 Deductibles and Self-Insured Retention. Any deductibles or self-insured retention
must be declared to and approved by City. At the option of City, either: the insurer shall
reduce or eliminate such deductibles or self-insured retention as respects City, its officers,
officials, employees and volunteers; or 5 Cities Foundation shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
7.2.3 Other Insurance Provisions. The general liability policy is to contain, or be endorsed
to contain, the following provision:
a. City, its officers, officials, employees and volunteers are to be covered as
insureds as respects: liability arising out of premises owned, occupied or used by 5
Cities Foundation. The coverage shall contain no special limitations on the scope of
protection afforded to City, its officers, officials, employees or volunteers;
b. 5 Cities Foundation's insurance coverage shall be primary insurance as respects
City, its officers, officials, employees and volunteers. Any insurance or self-
insurance maintained by City, its officers, officials, employees or volunteers shall be
excess of Five Cities Foundation's insurance and shall not contribute with it;
c. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to City, its officers,
officials, employees or volunteers;
d. Coverage shall state that 5 Cities Foundation's insurance shall apply separately
to each insured against whom a claim is made or suit is brought, except with
respect to the limits of the insurer's liability;
e. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, reduced in coverage or in
limits except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to City;
f. 5 Cities Foundation agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. 5 Cities Foundation also agrees to require all approved
assigns to do likewise.
7.2.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A- or better and a minimum financial size VII.
7.2.5 Verification of Coverage. 5 Cities Foundation shall furnish City with original
endorsements effecting coverage required by this clause prior to commencing any work
on or occupying the Premises. The endorsements are to be signed by a person authorized
by that insurer to bind coverage on its behalf. All endorsements are to be received and
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approved by City before 5 Cities Foundation takes possession of the Premises and any
work commences. As an alternative to City's forms, 5 Cities Foundation's insurer may
provide complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications.
7.2.6 Aggregate Limits/Blanket Coverage. If any of the required insurance coverage's
contain aggregate limits, or apply to other operations or tenancy of 5 Cities Foundation
outside this Lease, 5 Cities Foundation shall give City prompt, written notice of any
incident, occurrence, claim, settlement or judgment against such insurance which in 5
Cities Foundation's best judgment will diminish the protection such insurance affords City.
Further, 5 Cities Foundation shall immediately take all steps to restore such aggregate
limits or shall provide other insurance protection for such aggregate limits.
7.2.7 Modification of Coverage. City reserves the right at any time during the term of this
Lease to change the amounts and types of insurance required hereunder by giving 5
Cities Foundation ninety (90) days advance written notice of such change.
7.2.8 Failure to Procure Insurance. Within the foregoing constraints, 5 Cities
Foundation's failure to procure or maintain required insurance or a self-insurance program
shall constitute a material breach of contract under which City may immediately terminate
this Lease or, at its discretion, procure or renew such insurance to protect City's interests
and pay any and all premiums in connection therewith, and recover all monies so paid
from 5 Cities Foundation with market interest.
7.2.9 Underlying Insurance. 5 Cities Foundation shall be responsible for reqUiring
indemnification and insurance from its employees receiving mileage allowance,
consultants, agents and subcontractors, if any, in the same amounts and including the
same terms as specified herein, to protect 5 Cities Foundation's and City's interests, and
for ensuring that such persons comply with any applicable insurance statutes.
7.2.10 Personal Property of 5 Cities Foundation. City may continue to provide property
insurance for the Premises. Said property insurance shall not provide coverage for 5
Cities Foundation's personal property. 5 Cities Foundation waives any claim against the
City's insurance for or relating to damage to its personal property.
7.3 Indemnification. 5 Cities Foundation,. its Board of Directors, and the directors
individually, shall, at 5 Cities Foundation's sole expense, and with counsel reasonably
acceptable to City, indemnify, defend, and hold harmless the City and City parties from
and against any and all claims from any cause, that arise out of, result from, or relate to
this Lease, the tenancy created under this Lease, or the Premises, including the use or
occupancy, or manner of use or occupancy, of the Premises by 5 Cities Foundation
parties; any negligent act of 5 Cities Foundation parties or of any invitee, guest, or
licensee of 5 Cities Foundation, or any other person authorized by 5 Cities Foundation to
use the Premises or any portion thereof; 5 Cities Foundation's conducting of its business;
any Improvements, activities, work, or things done,' omitted, permitted, allowed, or
suffered by 5 Cities Foundation parties in, at, to or about the Premises, including the
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violation of or failure to comply with any applicable laws and orders in existence on the
date of Lease or enacted, promulgated, or issued after the date of Lease; and any breach
or default in performance of any obligation of 5 Cities Foundation's part to be performed
under this Lease, whether before or during the Lease term or after its expiration or earlier
termination. The intention of the parties being that with respect to compliance with laws
and orders that 5 Cities Foundation, during the Lease term, shall discharge and perform
all the obligations of City, as well as all the obligations of 5 Cities Foundation, related to
the Premises, and indemnify City therefrom, so that at all times the rental of the Premises
shall be net to City without deduction or expenses on account of any such laws and
orders.
7.4 Definition of Claims. For purposes of this Lease, "claims" means any and all claims,
losses, costs, damage, expenses, liabilities, liens, actions, cause of action (whether in tort
or contract, law or equity, or otherwise), charges, assessments, fines, and penalties of any
kind (including consultant and expert expenses, court costs, and attorney fees as defined
in this Lease).
7.5 Type of Injury or Loss Defined. This indemnification extends to and includes claims
for injury to any persons (including death at any time resulting from that injury); loss of,
injury or damage to, or destruction of property (including all loss of use resulting from that
loss, injury, damage, or destruction); and all economic losses and consequential or
resulting damage of any kind.
7.6 Effect of Negligence, Strict Liability, or Willful Misconduct. Such indemnification
shall apply regardless of the active or passive negligence of City parties and regardless of
whether liability without fault or strict liability is imposed or sought to be imposed on City
parties. The indemnification shall not apply to the extent that a final judgment of a court of
competent jurisdiction establishes that a claim against one City party was proximately
caused by the sole active negligence or willful misconduct of that City party. In that event,
however, this indemnification shall remain valid for all other City parties.
7.7 Survival of Indemnification. The clauses of this Article shall survive the expiration or
earlier termination of this Lease until all claims against City parties involving any of the
indemnified matters are fully, finally, and absolutely barred by the applicable statute of
limitations.
ARTICLE 8. ASSIGNMENT.
8.1 Approval of Assignment. 5 Cities Foundation shall not, without the City's prior
written consent, permit assignment of any of its rights, delegation of any of its duties,
assignment of all or any interest in this Lease, by operation of law or otherwise; sublet all
or any part of the Premises or any right or privilege appurtenant to the Premises; or suffer
any other person, 'other than City's agents and servants, to occupy or use all or any part of
the Premises. In City's sole and absolute discretion, City may withhold its consent to any
assignment, sublease, occupation, or use. City shall not be bound by any standard of
reasonableness in exercising this discretion. Any assignment, subletting, occupation, or
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use by another person or entity without City's prior written consent shall be void and shall,
at City's option, terminate this Lease. If 5 Cities Foundation requests City to consent to a
proposed assignment, subletting, occupation, or use by any other person or entity, 5 Cities
Foundation shall pay to City, whether or not consent is ultimately given, City's actual
attorney fees and costs, as defined in this Lease, incurred in connection with each such
request. City's consent to one assignment, subletting, occupation, or use by any other
person or entity shall not be deemed. to be a consent to any subsequent assignment,
subletting, occupation, or use by another person or entity. The City reserves the right, at
City's absolute discretion, to modify the terms and conditions of this Lease to any assign
or sublet including, but not limited to, term and rent. As used in this provision,
"assignment" and "delegation" shall mean any sale, gift, pledge, hypothecation,
encumbrance, or other transfer of all or any portion of the rights, obligations, or liabilities in
or arising from this Lease to any person or entity, whether by operation of law or
otherwise, and regardless of the legal form of the transaction in which the attempted
tra n sfe r occu rs. .
8.2 Successors and Assigns. Subject to section 8.1, this Lease shall be binding on and
shall inure to the benefit of the parties and their respective legal representatives,
successors, and approved assigns.
ARTICLE 9. TERMINATION OF LEASE BEFORE EXPIRATION OF LEASE TERM.
9.1 Grounds for Termination.
9.1.1 Breach of Lease. Either party to the Lease may terminate this Lease if the other
party has committed a breach of the Lease as defined in Article 11. There is no monetary
penalty for such termination, except for any costs and fees expressly provided for in
Articles 9,11,13 and 14.
9.2 Termination Procedure. The party exercising the right to terminate shall provide
written notice of the intent to terminate to the other party. - If the termination is pursuant to
section 9.1.1, the party shall give a prior written notice of at least ninety (90) calendar days
prior to the date of the intended termination. The notice shall state the reason for the
termination.
9.3 City's Purchase of Improvements Upon Termination. Upon termination of the Lease
by City, as set forth in subsection 9.1.1, City shall not be responsible for any
reimbursement, whether in whole or in part, for 5 Cities Foundation's actual out of pocket
costs for the permanent improvements (or any. other improvements) that 5 Cities
Foundation made to the Premises. For purposes of this Article, "permanent
improvements" shall mean those improvements that are affixed or attached to the
Premises and not removable without material injury to the Premises.
9.4 Rights and Obligations Cease. All rights and obligations of the parties shall cease
on termination of the Lease unless otherwise provided by the terms of the Lease. Neither
party shall be liable to the other for damages of any kind, including without limitation
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incidental or consequential damages, resulting from any termination of this Lease, except
as specifically provided for herein.
ARTICLE 10. SURRENDER OF PREMISES.
10.1 Removal of 5 Cities Foundation Property. On the expiration or earlier termination of
the Lease term, 5 Cities Foundation shall quit the Premises and surrender possession to
City. On expiration or termination 5 Cities Foundation shall remove or cause to be
removed from the Premises all debris and rubbish, any items of personal property
exclusively owned by 5 Cities Foundation, and any other non-permanent improvements
that 5 Cities Foundation placed on the Premises, unless City approves their remaining on
the Premises in which case ownership of any such improvements automatically passes to
City. 5 Cities Foundation shall repair all damage or injury that may occur to the Premises
caused by 5 Cities Foundation's removal of those items and shall restore the Premises to
their condition that existed when the Lease commenced.
ARTICLE 11. DEFAULT.
11.1 Acts of Default. Any of the following events or occurrences shall constitute a
material breach of the Lease by 5 Cities Foundation and, after the expiration of any
applicable grace period, shall constitute an event of default, each being a separate event
of default
11.1.1 Failure to Pay Costs or Charges. The failure by 5 Cities Foundation to pay any
amount in full when it is due under this Lease.
11.1.2 Failure to Perform Obligation. The failure by 5 Cities Foundation to perform any
obligation under the Lease, which by its nature 5 Cities Foundation has no capacity to
cure.
11.1.3 Failure to Perform After Notification. The failure by 5 Cities Foundation to perform
any other obligation under this Lease, if the failure has continued for a period of ten (10)
days after City demands in writing that 5 Cities Foundation cure the failure. If, however, by
its nature the failure cannot be cured within ten (10) days, 5 Cities Foundation may have a
longer period as reasonably needed to cure the failure, but this is conditioned upon 5
Cities Foundation promptly commencing to cure within the ten (10) day period and
thereafter diligently completing the cure. 5 Cities Foundation shall indemnify, defend and
hold City harmless against any liability, claim, damage, loss, or penalty that may be
threatened or may in fact arise from that failure during the period the failure is uncured.
11.1.4 Assignment. Any of the following: A general assignment by 5 Cities Foundation for
the benefit of 5 Cities Foundation's creditors; any voluntary filing, petition, or application by
5 Cities Foundation under any law relating to insolvency or bankruptcy, whether for a
declaration of bankruptcy, a reorganization, an arrangement, or otherwise; the
abandonment, vacation, or surrender of the Premises by 5 Cities Foundation without City's
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prior written consent; or the dispossession of 5 Cities Foundation from the Premises (other
than by City) by process of law or otherwise;
11.1.5 Appointment of Trustee or Receiver. The appointment of a trustee or receiver to
take possession of all or substantially all of 5 Cities Foundation's assets; or the
attachment, execution or other judicial seizure of all or substantially all of 5 Cities
Foundation's assets located at the Premises or of 5 Cities Foundation's interest in this
Lease, unless the appointment or attachment, execution, or seizure is discharged within
thirty (30) days; or the involuntary filing against 5 Cities Foundation, or any general partner
of 5 Cities Foundation if 5 Cities Foundation is a partnership, of:
a. A petition to have 5 Cities Foundation, or any partner of 5 Cities Foundation
if 5 Cities Foundation is a partnership, declared bankrupt, or
b. A petition for reorganization or arrangement of 5 Cities Foundation under
any law relating to insolvency or bankruptcy, unless, in the case of involuntary
filing, it is dismissed within sixty (60) days;
11.1.6 Abandonment. The abandonment of the Premises by 5 Cities Foundation for thirty
(30) or more consecutive days.
11.1.7 Waiver. Waiver by City of any default in performance by 5 Cities Foundation of any
of the terms, promises, or conditions contained herein shall not be deemed a continuing
waiver of the same or any subsequent default. In the event any officer, agent or employee
of City shall consent to an act or failure to act in violation of any provisions of this Lease,
such act or failure to act shall be immediately corrected upon a request from City in
writing.
11.2 Remedy on Event of Default. If an event of Default occurs, the nondefaulting party
shall have the right to terminate the Lease and to pursue any remedy now or later
available to the nondefaulting party at law or in equity.
ARTICLE 12. EXPIRATION OF THE LEASE TERM.
12.1 Ownership of Improvements by City. Upon the expiration or termination of the
Lease, any and all Improvements made to the Premises by 5 Cities Foundation shall
automatically, without compensation or reimbursement to and without any act of 5 Cities
Foundation or any third party, become the City's property.
ARTICLE 13. ATTORNEYS' FEES.
13.1 Attorneys' Fees. Costs. and Expenses. In any litigation, arbitration, or other
proceeding in law or equity by which one party to the Lease seeks to enforce its contract
rights under the Lease, to resolve an alleged dispute, breach, default, or
misrepresentation in connection with any of the provisions of this Lease, to seek a
declaration of any rights or obligations under this Lease, or to interpret the provisions of
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this Lease, the prevailing party shall be entitled to recover from the losing party actual
attorneys' fees incurred to resolve the dispute and to enforce the final judgment, award,
decision, or order and such fees, costs; or expenses shall be in addition to any other relief
to which the prevailing party may be entitled. The award of attorneys' fees shall be
deemed to have accrued upon the commencement of the action and shall be paid whether
or not such action is prosecuted to judgment, award, decision, or order. "Proceeding" shall
mean any action, suit, claim, arbitration, alternative dispute resolution mechanism,
investigation, administrative hearing, or any other proceeding, including but not limited to
civil, criminal, administrative, regulatory, or investigative. The attorneys' fees to be
awarded the prevailing party may be determined by the court or other decision maker in
the same action or proceeding or in a separate action brought for that purpose. Any
judgment, award, decision, or order entered in such action or proceeding shall contain a
specific provision providing for the recovery of actual attorneys' fees incurred in enforcing
such judgment, award, decision, or order. The award of attorneys' fees shall not be
computed in accordance with any court schedule, but shall be made so as to fully
reimburse the prevailing party for all attorneys' fees, paralegal' fees, and expenses
actually incurred in good faith, regardless of the size of the judgment, award, decision, or
order, it being the intention of the parties to fully compensate the prevailing party for all
actual attorneys' fees, paralegal fees, and costs and expenses paid or incurred in good
faith. This provision applies to the entire Lease.
ARTICLE 14. EMINENT DOMAIN
14.1 If the whole of the Premises should be taken by any public or quasi- public authority
under the power or threat of eminent domain during the Lease Term, or if a substantial
portion of the Premises should be taken so as to materially impair the use of the Premises
contemplated by 5 Cities Foundation, and thereby frustrate 5 Cities Foundation's purpose
in entering into this Lease, then, in either of such events, this Lease shall terminate at the
time of such taking. In such event, of the compensation and damages payable for or on
account of the Property, exclusive of the buildings and improvements thereon, 5 Cities
Foundation and lender, as their interests may appear, shall receive a sum equal to the
worth at the time of the compensation award of the amount by which the fair rental value
of the Premises exceeds the rent payable pursuant to the terms of this Lease for the
balance of the Lease Term; the balance of such compensation and damages shall be
payable to and be the sole property of the City. All compensation and damages payable
for or on account of the buildings and improvements located on the Property and
constituting a part of the Premises shall be divided among City, 5 Cities Foundation, and
its lender as follows:
14.1.1 All compensation and damages payable for or on account of buildings and
improvements having a remaining useful life less than the remaining Lease Term as of the
date of such taking shall be payable to and be the sole property of 5 Cities Foundation
and its lender, as their interests may appear; and
14.1.2 A proportionate share of all compensation and damages payable for or on account
of buildings and improvements having a remaining useful life greater than the remaining
LEASE AGREEMENT
5 CITIES COMMUNITY SERVICES FOUNDATION
Page 13 of 17
Lease Term as of the date of such taking, determined by the ratio that the then remaining
Lease Term bears to the then remaining useful life of such buildings and improvements,
shall be payable to and be the sole property of 5 Cities Foundation and its lender, as their
interests may appear, and the remaining share thereof shall be payable to and be the sole
property of City.
14.2 If less than the whole of the Premises should be taken by any public or quasi-public
authority under the power or threat of eminent domain during the Lease Term and this
Lease is not terminated as provided in Section 14.1 above, 5 Cities Foundation shall
promptly reconstruct and restore the Premises, with respect to the portion of the Premises
not so taken, as an integral unit of the same quality and character as existed prior to such
taking. The compensation and damages payable for, or on account of, such taking shall
be applied to the reconstruction and restoration of the Premises by 5 Cities Foundation by
application, first, of any sums payable for or on account of the buildings and improvements
situated on the Property. The remainder, if any, after reconstruction and restoration shall
be divided among Landlord, 5 Cities Foundation and Lender in the manner provided in
Section 14.1 above.
ARTICLE 15. MISCELLANEOUS.
15.1 Notices. To be effective, all notices, requests, demands, and other communications
required or permitted under this Lease shall be in writing and shall be delivered either in
person or by certified mail, postage prepaid, return receipt requested. Notice is deemed
effective on delivery if served personally on the party to whom notice is to be given and
delivery is confirmed by a receipt. Notice is deemed effective on the second day after
mailing if mailed to the party to whom notice is to be given, by first class mail, registered or
certified, return receipt requested, postage prepaid, and properly addressed as set forth
bellow. Any correctly addressed notice that is refused, unclaimed, or undeliverable
because of an act or omission of the party to be notified shall be deemed effective as of
the first date that said notice was refused, unclaimed, or deemed undeliverable by the
postal authorities. The addresses for purposes of giving notice are as set forth below but
each party may change its address by written notice in accordance with this paragraph.
If to:
5 CITIES FOUNDATION:
5 Cities Community Service Foundation
400 West Branch Street
Arroyo Grande, CA 93421-0633
CITY:
City of Arroyo Grande
Attn: City Manager P.O. Box 550
Arroyo Grande, CA 93421-0550
LEASE AGREEMENT
5 CITIES COMMUNITY SERVICES FOUNDATION
Page 14 of 17
15.2 Discrimination Prohibited. No person shall, on the grounds of race, religion, color,
national origin, sex, or sexual orientation, be excluded from participation in, be denied the
benefit of, or be subjected to discrimination under this Lease.
15.3 Nondiscrimination. Equal Employment Practices and Affirmative Action Program. 5
Cities Foundation shall comply with the nondiscrimination laws of the United States of
America, the State of California, and City in performing this Lease. 5 Cities Foundation
shall not discriminate in its employment practices against any employee, or applicant for
employment because of such person's race, religion, national origin, ancestry, sex, age,
physical handicap, or sexual orientation.
15.4 No Mortgaging Leasehold. 5 Cities Foundation shall have no right to subject the
leasehold estate or the Premises to any mortgage, deed of trust or other security interest.
15.5 Time of Essence. Time is of the essence in this Lease.
15.6 Effectiveness. This Lease shall be effective only when signed by both parties to the
Lease and approved by formal action of the City Council of City.
15.7 Necessary Acts/Other Instruments. The parties shall at their own cost and expense
execute any and all other documents and instruments and shall take any and all actions
as may be reasonably required, necessary, or appropriate to evidence or carry out the
intent and purposes of this Lease.
15.8 Good Faith. Each party to this Lease shall act in good faith in performing their
respective obligations set forth in this Lease.
15.9 Waiver. The waiver of any breach of any condition, covenant, term, or provision of
this Lease by any party to this Lease shall not be deemed to be a waiver of any preceding
or subsequent breach under the Lease, nor shall any waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by the party making the
waiver.
15.10 Authorizations. All officers and individuals executing, this and other documents on
behalf of the respective parties do hereby certify and warrant that they have the capacity
and have been duly authorized to so execute said documents on behalf of the entity so
indicated. Each signatory shall also indemnify the other party to this Lease, and hold them
harmless, from any and all damages, costs, attorneys' fees, and other expenses, if the
signatory is not so authorized.
15.11 Headings and Captions. The captions and headings of this Lease are inserted for
convenience only and shall not be deemed a part of this Lease and shall not be used in
interpreting this Lease or in determining any of the rights or obligations of the parties to
this Lease.
LEASE AGREEMENT
5 CITIES COMMUNITY SERVICES FOUNDATION
Page 15 of 17
15.12 Word Usage. Unless the context clearly requires otherwise, the plural and singular
words shall each be deemed to include the other; "shall," "will," or "agrees" are mandatory,
and "may" is permissive or discretionary; "or" is not exclusive; the masculine, feminine,
and neuter genders shall each be deemed to include the others; and "includes" and
"including" are not limiting.
15.13 Severability. If any term, provision, covenant, or condition of this Lease shall be or
become illegal, invalid, null, void, unenforceable, or against public policy, in whole or in
part, or shall be held by any court of competent jurisdiction to be illegal, invalid, null, or
void, or against public policy, the term, provision, covenant, or condition shall be deemed
severable, and the remaining provisions of this Lease shall remain in full force and effect
and shall not be affected, impaired, or invalidated. The term, provision, covenant, or
condition that is so invalidated, voided, or held to be unenforceable shall be modified or
changed by the parties to the extent possible to carry out the intentions and directives set
forth in this Lease.
15.14 Counterpart Execution. This Lease may be executed in any number of
counterparts, each of which shall be an original, but all of which together shall constitute
one and the same instrument.
15.15 Entire Agreement. This Lease constitutes the final, complete, and exclusive
statement of the terms of the agreement between the parties pertaining to the Lease and
supersedes all prior and contemporaneous agreements, promises, representations,
warranties, understandings, or undertakings by either of the parties, either oral or written,
of any character or nature. No party has been induced to enter into this Lease by, nor is
any party relying on, any representation or warranty outside those expressly set forth in
this Lease.
15.16 Amendments: This Lease may be altered, amended, modified, or supplemented
only by an instrument in writing, executed by the parties to this Lease and by no other
means, No alteration, amendment, modification, or supplement of this Lease shall be
binding unless it is in writing and signed by both parties. Each party waives their future
right to claim, contest, or assert that this Lease was modified, canceled, superseded, or
changed by any oral agreement, course of conduct, waiver, or estoppel.
15.17 Ambiguities. Each party and its counsel have participated fully in the review and
revision of this Lease. Any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in interpreting this Lease.
IN WITNESS WHEREOF, City has executed the Lease with the approval of its City
Council, and caused its official seal to be affixed and 5 Cities Foundation has executed
the Lease in accordance with the authorization of its Board of Directors and has caused its
official seal to be affixed.
LEASE AGREEMENT
5 CITIES COMMUNITY SERVICES FOUNDATION
Page 16 of 17
CITY OF ARROYO GRANDE
BY:
Tony Ferrara, Mayor
Date:
Attest:
Kelly Wetmore, City Clerk
Date:
As Approved to form:
Timothy J. Carmel, City Attorney
Date:
LEASE AGREEMENT
5 CITIES COMMUNITY SERVICES FOUNDATION
Page 17 of 17
5 CITIES COMMUNITY SERVICES
FOUNDATION
By:
Its:
Date:
EXHIBIT "A"
DESCRIPTION
Lot C of Tract No. 1930, in the City of Arroyo Grande, County of San Luis
Obispo, State of California, according to the map thereof, recorded August 2,
1988 in book 14, Page 73 of Maps, in the Office of the County Recorder of said
County, and as amended by Certificate of Correction recorded February 7, 1989
in Book 3266, Page 428 of Official Records.
Except therefrom an undivided 5/12ths interest in and to all oil, gas and other
hydrocarbon substances produced on said land, as reserved by William
Quaresma, Joseph Quaresma, Edward Quaresma, Eveline Lovacz, formerly
Eveline Quaresma, Ernest Olive and Lucille Olive Simas, in deed dated January
3, 1952 and recorded January 28, 1952 in Book 643, Page 426 of Official
Records.
Said surface rights have been' relinquished by certain documents recorded
December 29, 1977 in Book 2036, Page 749 through 752 of Official Records;
January 9, 1978 in Book 2039, Page 2 of Official Records; and August 17, 1979
in Book 2178, Page 840 of Official Records.
(END OF DESCRIPTION)
B.d.
MEMORANDUM
TO: CITY COUNCil
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER IJ6
SUBJECT: CONSIDERATION OF A RESOLUTION ACCEPTING PUBLIC
IMPROVEMENTS AND EASEMENTS FOR CUP 01-014, COURTLAND
SENIOR HOUSING, lOCATED AT N. COURTLAND STREET AND E.
GRAND AVENUE, CONSTRUCTED BY COBALT CONSTRUCTION
DATE: NOVEMBER 28, 2006
RECOMMENDATION:
It is recommended the City Council adopt a Resolution accepting the public
improvements and easements for CUP 01-014, Courtland Senior Housing, located at N.
Courtland Street and E. Grand Avenue, constructed by Cobalt Construction.
FUNDING:
There is no fiscal impact at this time. Maintenance of these facilities will be funded
from Public Works maintenance funds in future years.
DISCUSSION:
On March 20, 2002, the Council approved Conditional Use Permit 01-014, Courtland
Senior Housing. The Council approved amendments to the conditional use permit on
September 24, 2002.
The project was required to relocate an existing sanitary sewer main on the west side of
the property to allow for construction of a retaining wall to facilitate site grading. The
relocation commenced at the northwest corner of the site on the adjacent church
property and proceeded to the south west corner of the site.
The project was also required to extend water mains into the site from the existing Rite
Aid development to the west and existing Santa Lucia Bank development to the south.
The water mains then extend to N. Courtland Street. The developer provided funds to
allow future connections of the on-site water mains to the water main in N. Courtland
Street upon expiration of the five year requirement outlined in the City's trench cut
policy.
The sanitary sewer main relocation occurred outside of the existing sanitary sewer
easement. The site did not have any previous public water easements. The applicant
has recorded an offer of dedication for both public water and public sewer (Attachment
1 ).
CITY COUNCIL
CONSIDERATION OF A RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS AND
EASEMENTS FOR CUP 01-014, COURTLAND SENIOR HOUSING, LOCATED AT N.
COURTLAND STREET AND E. GRAND AVENUE, CONSTRUCTED BY COBALT
CONSTRUCTION
NOVEMBER 28, 2006
PAGE 2
The applicant has provided the 10% warranty security as required by the Municipal
Code. The warranty security will be released after one year provided the improvements
are still in satisfactory condition. Staff has inspected the improvements and
recommends the City Council accept the improvements as constructed. Staff also
recommends that the easements for public water and public sewer lines also be
accepted;
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve staff's recommendation;
. Do not approve staff's recommendation;
. Modify staffs recommendation as appropriate and approve; or
. Provide direction to staff.
Attachment: Attachment 1 - Site Plan - Courtland Senior Housing
Attachment 2 - Public Water and Sewer Easement
Council Memo ~ Acceptance of Improvements. CUP 01-014 - Courtland Senior Housing.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ACCEPTING EASEMENTS AND
IMPROVEMENTS FOR CONDITIONAL USE PERMIT 01-
014, COURTLAND SENIOR HOUSING
WHEREAS, the City Council approved Conditional Use Permit 01-014, authorizing
construction and operation of a senior residential development (the "project"), located at
the northwest corner of N. Courtland Street and E. Grand Avenue on March 20, 2002;
and
WHEREAS, the City Council approved amendments to Conditional Use Permit 01-014
as Amended Conditional Use Permit 02-003 on September 24, 2002; and
WHEREAS, the project was conditioned to construct certain public improvements; and
WHEREAS, the developer has constructed the improvements required by the
conditions of approval for Conditional Use Permit 01-014; and
WHEREAS, staff has inspected the improvements and finds they are constructed in
accordance with the approved plans for the project; and
WHEREAS, the developer has provided the 10% warranty security as required by the
conditions of approval, to be released at the conclusion of the one-year warranty period,
provided the improvements are still in satisfactory condition.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby accept the offers of dedication of sewer and water pipeline
easements and public utility easements made by Courtland-Arroyo Grande, LP, and
public improvements constructed for Conditional Use Permit 01-014, as follows:
1. Sanitary Sewer,
2. Water Main,
On motion of Council Member
and by the following roll call vote, to wit:
, seconded by Council Member
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this
day of
2006.
RESOLUTION NO.
PAGE 2
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
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RECORDING REQUESTED BY
CITY OF ARROYO GRANDE
ATTACHMENT 2
JULIE RODEWALD AC
San Luis Obispo Cou nty - Clerk/Recorder 3/0212006
Recorded at the request of 12:48 PM
Public
WHEN RECORDED, RETURN TO:
Director of Public Works
208 E. Branch Street
Arroyo Grande, California 93420
DO C#: 2006014171
Tilles: 1 Pages: 8
Fees 0.00
Taxes 0.00
Others 0.00
PAID SO.OO
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
PUBLIC WATER MAIN, PUBLIC SEWER MAIN AND PUBLIC UTILITIES
THIS OFFER TO DEDICATE, made this 23 day of February 2006; by Courtland-Arroyo Grande, LP
of the City of Arroyo Grande, County of San Luis Obispo, State of California, hereinafter termed
Offeror:
WHEREAS, said Offeror desires to make an irrevocable and perpetual offer to dedicate an easement
for the purposes of a public water main, public sewer main, and public utilities; and,
NOW, THEREFORE, For a valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, said Offeror covenants and promises as follows:
1. That said Offeror is the owner of the real property described in Exhibit A and shown schematically
in Exhibit A-1.
2. That said Offeror does hereby offer to the City of Arroyo Grande an easement for public water
main, public sewer main, public utilities, along with any appurtenances and incidental uses, over,
under, upon and across the following property described in Exhibit B and shown schematically in
Exhibit B-1 and Exhibit B-2.
3. That within said easement, the City shall have the right to install, operate and maintain, repair and
replace, and enlarge or decrease the size of, public water main, public sewer main, and public
utilities, along with any appurtenances and incidental uses.
4. That said Offeror agrees that the easement for public water main, public sewer main, and public
utilities, is and shall be binding on their heirs, legatees, successors and assignees.
Page 1
IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day and year
first above written.
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Offeror ,'~ ;:>,'iI,cL"vf- Offeror
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STATE OF CALIFORNIA )
COUNTY OF GAt~ LUI:5 oBIOPG ) ss
L <s fh'),.i <..;:>
On 7-. - ( (, ,.' ::, <... f!-c "c; ( C{' ~/~,,, ~~) ~ a Notary Public,
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personally appeared () u/ c ( , persol,,,lIy Imowf'rt(J"n1l! (or
proved to me on the basis of s9" factory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
~................------_..._~
" . RONALD KAIJONAGA
(~"";"'~'\ Commission # 1452162
~ ;/~~ ,,=.~. Notary Public w California ~
L'~~-:' Los Angeles County
'<.,' ','. ,.. My Comm, Expires Dee 18. XJJ7
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STATE OF CALIFORNIA )
COUNTY OF 8Ml LUIS mllg~O ) ss
L ".) /II'-Y-i,,'~
On , 2006, before me, , a Notary Public,
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the persor.(s) whose ~ame(s) is/are subsoribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/theirsignature(s) on the instrumentthe person(s), orthe entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand a~d offlcials~ .
4,Y?,-c-c...{ b'c-.c.C.~<..----....
WITNESS my hand and official seal
Page 2
EXHIBIT 'A'
Legal Description
Parcel 1 of Certificate of Compliance for Lot Line Adjustment, in the City of Arroyo Grande,
recorded November 27,2002 as Certificate of Compliance, Document No. 2002-104331 of
Official Records, City of Arroyo Grande, County San Luis Obispo, State of California, more
particularly described as follows:
All of the real property described in the deed from Phillips-Smith investment Company to
Robert H. Hewdoll and Merilee Peck Newdoll recorded April 5, 1990, Volume 3484 of Official
Records at Page 59 in the Office of the County Recorder of said County.
EXCEPTING THEREFROM the southerly 231.84 feet, as measured along the easterly and
westerly sidelines, of the property described as Parcel 2 in said deed.
The above-described parcel is shown graphically on Exhibit A-1 attached hereto and made a
part hereof.
Page 3
BRIGHTON AVENUE
"A-l"
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EXHIBIT
N 86'39'33" W 335.07' AI
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creating environments people enJoy
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PLAT
THA T PORTION OF PARCEL I OF CERTlFlCA TE: OF
COI./PUANCE FOR LOT UNE: AD.AJSTME:NT; IN THE: CITY OF
ARROYO GRANDE:. RE:CORDED NOVDi8ER 27, 2002 AS
CERTlFlCA TE: OF COI./PUANCE, DOCUME:NT NO. 2oo2-I04JJ1
OF OFFICIAL RE:CORDS, CITY OF ARROYO GRANDE:. COUNTY
SAN LUIS OBISPO, STA TE: OF CAUFORNIA
DA1E: 12/05 SCALE: 1'=100'
EXHIBIT 'B'
Legal Description
That portion of Parcel 1 of lot line adjustment AGAL-02-0369, in the City of Arroyo Grande,
recorded November 27,2002 as Certificate of Compliance, Document No. 2002-104331 of
Official Records, City of Arroyo Grande, County San Luis Obispo, State of California, an
easement for public sewer and public water purposes, more particularly described as follows:
Commencing at a 1" iron pipe with tag "LS 4442", said point being the northerly terminus of the line
described as "South 03014'41" West, 420.01'" as shown on Parcel Map No. AG-02-0446 filed in
Book 60 of Parcel Maps, in Pages 5 and 6 in the County Recorder's Office of said County; thence,
1. Along said line, South 03014'41" West, 22.84 feet to the TRUE POINT OF BEGINNING;
thence
2. North 86036'19" West, 293.06 feet; thence
3. South 48015'18" West, 43.49 feet; thence
4. South 03023'41" West, 21.35 feet; thence
5. North 86040'54" West, 11.06 feet to the line described as "North 03015'35" East, 420.65'" as
shown on.said Parcel Map No. AG-02-0446; thence
6. Along said line, South 03015'35" West, 15.00 feet to a line being parallel with and 15 feet
southerly of Course No.5 herein described above; thence
7. Along said parallel line, South 86040'54" East, 11.03 feet to th.e southerly prolongation of
Course NO.4 herein described above; thence
8. South 03023'41" West, 271.83 feet; thence
9. South 15052'51" West, 14.51 feet; thence
10. North 86044'25" West, 7.22 feet to the line described as "North 03015'35" East, 420.65'" as
shown on said Parcel Map No. AG-02-0446; thence
11. Along said line, South 03015'35" West, 44.83 feet to the northwest corner of Parcel 1 of said
Parcel Map No. AG-02-0446; thence
12. Along the north line of Parcel 1 of said Parcel Map No. AG-02-0446, South 86045'00" East,
12.55 feet to a line being parallel with and 15 feet southeasterly of Course NO.9 herein
described above; thence
13. Along said parallel line, r~orth 15052'51" East, 9.38 feet; thence
14. South 86036'19" East, 136.68 feet; thence
15. South 03014'00" West, 8.81 feet to the north line of Parcel 1 of said Parcel Map No. AG-02-
0446; thence
16. Along the north line of Parcel 1 of said Parcel Map No. AG-02-0446, South 86045'00" East,
15.00 feet to a line being parallel with and 15 feet easterly of Course No. 15 herein
described above; thence
17. Along said parallel line, North 03014'00" East, 8.77 feet to the easterly prolongation of
Course No. 14 herein described above; thence
18. South 86036'19" East, 168.75 feet to the line described as "South 03014'41" West, 420.01'"
as shown on said Parcel Map No. AG-02-0446; thence
19. Along said line, North 03014'41" East, 56.00 feet to a line being parallel with and 56 feet
northerly of Course No. 18 herein described above; thence
20. Along said parallel line, North 86036'19" West, 284.61 feet to a line being parallel with and
40 feet easterly of Course NO.8 herein described above; thence
21. Along said parallel line, North 03023'41" East, 276.83 feet to a line being parallel with and 56
feet southerly of Course NO.2 herein described above; thence
Page 4
22. Along said parallel line, South 86036'19" East, 273.89 feet; thence
23. South 03023'41" West, 14.52 feet; thence
24. South 86036'19" East, 10.04 feet to the line described as "South 03014'41" West, 420.01'" as
shown on said Parcel Map No. AG-02-0446; thence
25. Along said line, North 03014'41" East, 70.52 feet to the TRUE POINT OF BEGINNING.
The above-described parcel contains 47,757 sq.f!. and shown graphically on Exhibit B-1 attached
hereto and made a part hereof.
TOGETHER WITH an easement for public utility purposes, more particularly described as follows:
Commencing at a 1" iron pipe with tag "LS 4442", said point being the northerly terminus of the line
described as "South 03014'41" West, 420.01'" as shown on Parcel Map No. AG-02-0446 filed in
Book 60 of Parcel Maps, in Pages 5 and 6 in the County Recorder's Office of said County; thence,
1. Along said line, South 03014'41" West, 22.84 feet to the TRUE POINT OF BEGINNING;
thence
2. North 86036'19" West, 293.06 feet; thence
3. South 48015'18" West, 43.49 feet; thence
4. South 03023'41" West, 358.01 feet; thence
5. South 86036'19" East, 324.76 feet to the line described as "South 03014'41" West, 420.01 '"
as shown on said Parcel Map No. AG-02-0446; thence
6. Along said line, North 03014'41" East, 56.00 feet to a line being parallel with and 56 feet
northerly of Course NO.5 herein described above; thence
7. Along said parallel line, North 86036'19" West, 284.61 feet to a line being parallel with and
40 feet easterly of Course NO.4 herein described above; thence
8. Along said parallel line, North 03023',:11" East, 276.83 feet to a line being parallel with and 56
feet southerly of Course NO.2 herein described above; thence
9. Along said parallel line, South 86036'19" East, 283.89 feet to the line described as "South
03014'41" West, 420.01'" as shown on said Parcel Map No. AG-02-0446; thence
10. Along said line, North 03014'41" East, 56.00 feet to the TRUE POINT OF BEGINNING.
The above-described parcel contains 46,916 sq.f!. and shown graphically on Exhibit B-2 attached
hereto and made a part hereof. .
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8.e.
MEMORANDUM
TO: CITY COUNCIUREDEVELOPMENT AGENCY BOARD OF DIRECTORS
FROM: STEVEN ADAMS, CITY MANAGER/EXECUTIVE DIRECTOR fr
SUBJECT: CONSIDERATION OF AGREEMENT WITH PARKING DESIGN GROUP
FOR PREPARATION OF PARKING STRUCTURE FEASIBILITY STUDY
DATE: NOVEMBER 28, 2006
RECOMMENDATION:
It is recommended the City Council/Redevelopment Agency approve and authorize the
City Manager/Executive Director to execute the proposed Agreement with Parking
Design Group to prepare a parking structure feasibility study and appropriate $10,500
from the Redevelopment Agency Fund.
FUNDING:
The total proposed cost of the study is $9,625 plus expenses, which will be funded from
the Redevelopment Agency Fund.
DISCUSSION:
In June 2006, the Redevelopment Agency acquired property at 210 Le Point Street for
public parking. Plans also included the potential for a private mixed-use development
on the street front portion of the lot. The objective was to expand existing surface
parking with the flexibility of adding a second level in the future if needed.
Staff has determined that the appropriate first step is to contract for a parking study to
determine the optimal area of land needed if a future parking structure were
constructed. This will enable staff to identify the portion of the property available for
private development and a request for proposals for appropriate site improvement can
be prepared.
A request for proposals was issued for the parking structure feasibility study. As a
result, Parking Design Group was the only proposal received and is recommended as
qualified to perform the desired scope of work. They have extensive experience in
parking design and studies. Their background is described in the proposal attached as
Exhibit A to the Agreement.
S:\Administration\CITY MANAGER\STEVE\Council ReportslParking Structure Study 11.28.06.doc
CITY COUNCIL
CONSIDERATION OF AGREEMENT WITH PARKING DESIGN GROUP FOR
PREPARATION OF PARKING STRUCTURE FEASIBILITY STUDY
NOVEMBER 28, 2006
PAGE 2
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve Agreement and funding;
- Modify as appropriate and approve Agreement;
- Do not approve Agreement;
- Provide direction to staff.
Attachments:
1. Consultant Services Agreement
r
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT, is effective as of November 25, between PARKING DESIGN
GROUP ("Consultant") and the CITY OF ARROYO GRANDE, a municipal corporation
("Arroyo Grande")/ARROYO GRANDE REDEVELOPMENT AGENCY, a public body,
corporate and politic ("Agency"). As used herein, Arroyo Grande and Agency are
collectively referred to herein as "City." In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on
and continue until terminated as provided herein.
, 2006 and shall remain
2. SERVICES
Consultant shall perform the tasks described in proposal attached as Exhibit "A,
attached hereto and incorporated herein by this reference.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her
ability, experience and talent, perform all tasks described herein. Consultant shall
employ, at a minimum generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4. AGREEMENT ADMINISTRATION
City's City Manager/Executive Director shall represent City in all matters
pertaining to the administration of this Agreement. David Vogel shall represent
Consultant in all matters pertaining to the administration of this Agreement.
5. PAYMENT
Consultant shall be paid an hourly fee by City in accordance with the fee
schedule set forth in proposal presented as Exhibit A. Total fees and costs to be paid to
Consultant shall be based upon the time and materials required to complete the tasks
set forth in Exhibit A. Such fees shall be payable following receipt of an itemized
invoice for services rendered. Consultant shall send and address its bill for fees,
expenses and costs to City on a monthly basis.
Page 1 of 8
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at
least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination
of the Agreement pursuant to this Section, the Consultant will submit an invoice to the
City pursuant to Section 5.
7. TERMINATION ON OCCURRENCE OF STATED EVENTS
This Agreement shall terminate automatically on the occurrence of any of the
following events:
(a) Bankruptcy or insolvency of any party;
(b) Sale of Consultant's business; or
(c) Assignment of this Agreement by Consultant without the consent of City.
(d) End of the Agreement term specified in Section 1.
8. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the
terms of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant's control, and without fault or negligence of the Consultant, it
shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
Page 2 of 8
r.
9. LAWS TO BE OBSERVED. Consultant shall:
(a) Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful prosecution of the
services to be performed by Consultant under this Agreement;
(b) Keep itself fully informed of all existing and proposed federal, state and
local laws, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this Agreement, any materials used in Consultant's
performance under this Agreement, or the conduct of the services under this
Agreement;
(c) At all times observe and comply with, and cause all of its employees to
observe and comply with all of said laws, ordinances, regulations, orders, and decrees
mentioned above;
(d) Immediately report to the City's Contract Manager in writing any
discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders,
and decrees mentioned above in relation to any plans, drawings, specifications, or
provisions of this Agreement.
(e) The City, and its officers, agents and employees, shall not be liable at law
or in equity occasioned by failure of the Consultant to comply with this Section.
10. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by City that relate
to the performance of services under this Agreement. Consultant shall maintain
adequate records of services provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Consultant
shall provide free access to the representatives of City or its designees at reasonable
times to such books and records; shall give City the right to examine and audit said
books and records; shall permit City to make transcripts therefrom as necessary; and
shall allow inspection of all work, data, documents, proceedings, and activities related to
this Agreement. Such records, together with supporting documents, shall be maintained
for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Consultant. With respect to computer files, Consultant shall make available to the City,
at the Consultant's office and upon reasonable written request by the City, the
Page 3 of 8
necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
11. INDEMNIFICA nON
(a) Indemnification for Professional Liabilitv. When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend and hold harmless City and any and all
of its officials, employees and agents ("Indemnified Parties") from and against any and
all losses, liabilities, damages, costs and expenses, including attorney's fees and costs
to the extent same are caused in whole or in part by any negligent or wrongful act, error
or omission of Consultant, its officers, agents, employees or subContractors (or any
entity or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this agreement.
(b) Indemnification for Other Than Professional Liabilitv. Other than in the
performance of professional services and to the full extent permitted by law, Consultant
shall indemnify, defend and hold harmless City, and any and all of its employees,
officials and agents from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including
attorneys fees and costs, court costs, interest, defense costs, and expert witness fees),
where the same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by Consultant or by any individual
or entity for which Consultant is legally liable, including but not limited to officers,
agents, employees or subContractors of Consultant.
(c) General Indemnification Provisions. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section
from each and every subContractor or any other person or entity involved by, for, with or
on behalf of Consultant in the performance of this agreement. In the event Consultant
fails to obtain such indemnity obligations from others as required here, Consultant
agrees to be fully responsible according to the terms of this section. Failure of City to
monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth here is binding on the successors, assigns or heirs of
Consultant and shall survive the termination of this agreement or this section.
12. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit B attached hereto and
incorporated herein as though set forth in full.
Page 4 of 8
13. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly
independent Consultant. The personnel performing the services under this Agreement
on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Neither City nor any of its officers, employees, or agents shall have control over
the conduct of Consultant or any of Consultant's officers, employees, or agents, except
as set forth in this Agreement. Consultant shall not at any time or in any manner
represent that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
14. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was or is
used against or in concert with any officer or employee of the City of Arroyo Grande in
connection with the award, terms or implementation of this Agreement, including any
method of coercion, confidential financial arrangement, or financial inducement. No
officer or employee of the City of Arroyo Grande will receive compensation, directly or
indirectly, from Consultant, or from any officer, employee or agent of Consultant, in
connection with the award of this Agreement or any work to be conducted as a result of
this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the City to any and all remedies at law or in equity.
15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the project
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or sub-agreement, or the proceeds thereof, for work to be performed
in connection with the project performed under this Agreement.
16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents, or subContractors,
shall not without written authorization from the City Manager or unless requested by the
City Attorney, voluntarily provide declarations, letters of support, testimony at
Page 5 of 8
I
depositions, response to interrogatories, or other information concerning the work
performed under this Agreement or relating to any project or property located within the
City. Response to a subpoena or court order shall not be considered "voluntary"
provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers,
employees, agents, or subContractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions, or other discovery request, court order, or subpoena from any person or
party regarding this Agreement and the work performed thereunder or with respect to
any project or property located within the City. City retains the right, but has no
obligation, to represent Consultant and/or be present at any deposition, hearing, or
similar proceeding. Consultant agrees to cooperate fully with City and to provide the
opportunity to review any response to discovery requests provided by Consultant.
However, City's right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
17. NOTICES
Any notice which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal
Express, which provides a receipt showing date and time of delivery, or (iii) mailing in
the United States Mail, certified mail, postage prepaid, return receipt requested,
addressed to the address of the party as set forth below or at any other address as that
party may later designate by notice:
To City:
City of Arroyo Grande
Attn: Steve Adams
214 E. Branch Street
Arroyo Grande, CA 93420
To Consultant:
Parking Design Group
Attn: David Vogel
110 Ocean Blvd., Suite 309
Long Beach, CA 90802
18. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part
thereof, without the prior written consent of the City.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of
California shall govern the rights, obligations, duties, and liabilities of the parties to this
Page 6 of 8
Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the superior or federal district court with
jurisdiction over the City of Arroyo Grande.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, or written, are merged
into this Agreement and shall be of no further force or effect. Each party is entering into
this Agreement based solely upon the representations set forth herein and upon each
party's own independent investigation of any and all facts such party deems material.
21. TIME
City and Consultant agree that time is of the essence in this Agreement.
22. CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel review
this Agreement and that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement
or any amendments or exhibits thereto. The captions of the sections are for
convenience and reference only, and are not intended to be construed to define or limit
the provisions to which they relate.
23. AMENDMENTS
Amendments to this Agreement shall be in writina and shall be made only with
the mutual written consent of all of the parties to this Agreement.
24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
its obligations hereunder.
Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ARROYO GRANDEI
REDEVELOPMENT AGENCY
PARKING DESIGN GROUP
By:
Steven Adams, City Managerl
Executive Director
By:
David Vogel, Senior Partner
Its:
Attest:
(Title)
Date:
Kelly Wetmore, City Clerk
Approved As To Form:
Timothy J. Carmel, City Attorney
Date:
Page 8 of 8
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parking facility design . land use planning . signage & graphics . consulting
EXHIBIT A
parking design group
los angeles omaha houston
October 30, 2006
Mr. Steven Adams
City Manage/Redevelopment Agency Executive Director
P.O. Box 550
214 E. Branch Street
Arroyo Grande, CA 93421
Regarding
Proposal to Provide Parking Consulting Services for the
Proposed Parking Structure Feasibility Study. Arroyo Grande, CA
Dear Mr. Adams:
Thank you for contacting Parking Design Group, LLP (PDG) regarding the proposed Parking Structure
Feasibility Study in Arroyo Grande, California. PDG is pleased to submit this proposal to provide
parking consulting services for this project.
We are submitting this consulting services proposal based on the October 2, 2006 RFP issued by the
Arroyo Grande Redevelopment Agency (Agency).
Scope of Work
This information indicated that the City is in need of parking consulting assistance to identify site
layout and design of a current surface parking lot with consideration to a future second level of
parking. It will be located on property that was recently acquired by the City. This study is necessary
to assist in determining the specific area needed to accommodate the future parking so the Agency
can proceed to solicit mixed-use development proposals for the remainder of the property.
Based on your description of the parking consulting services in which you are interested, PDG
proposes to provide its services, following notice to proceed, as outlined below.
It is the City's desire to have PDG perform the following work effort:
1. Develop a feaSibility analysis on the previously-referenced parcel to determine a maximized
parking layout for the existing surface parking lot. This will also include an analysis of future
vertical expansion to a second level of parking that could possibly provide an estimated 55
parking spaces.
2. Design a surface parking plan on the parcel as identified to be reserved for the future parking
structure. This parking plan will serve as shared parking for the proposed mixed-used project.
Los Angeles
Omaha
Houston
818.981.2125 818.990.0494 Fox
712.722.1586 712.441.5592 Mobile
713.957.2123 818.990.0494 Fox
14431 Ventura Blvd. Suite 169 Shermun Oaks, CA 91423
2916 S. 132nd SI. Suite 105 Omaha, HE 68144
5001 La Monte Suite 26 Houston, 1): 77092
Page 1 of 1
Mr. Steven Adams
October 30, 2006
Page 2
Qualifications/Resumes
The key personnel that will be working on this project will the principals of PDG, David L. Vogel and
Warren C. Vander Helm.
Mr. Vogel has over eighteen years of consulting experience in the parking industry. He has
experience in all aspects of parking consulting. He has been responsible for preparing functional
designs and providing parking consulting services for various types of parking projects and demand
analyses.
Mr. Vander Helm has over 25 years of consulting experience in the parking industry. He is responsible for
preparing functional designs, operational pro forma and providing consulting services for all types of parking
projects. He is also an expert in signage and graphics, and their application to parking developments.
Please see the Attachments Section for additional resume information and the firm profile.
Work Plan - Conceptual Design
One of the first tasks is to establish the design criteria for the project to obtain a clear understanding
of your goals and objectives. The design criteria will typically include the following:
. Maximum size of the site available for parking including any required setbacks or height
restrictions
. Number of parking spaces to be provided in the facility.
. Location, number and type of vehicular entries and exits.
. Method of parking control to be incorporated within the parking facility
. Pedestrian access and egress requirements
Once the design criteria have been established, PDG will:
1. Analyze site/property information to be provided by your office. Information to be provided will
include, but not limited to, zoning requirements; any setbacks that might be required; bearings
and dimensions of property lines surrounding the site; topographic information; physical
characteristics of the site; locations of pedestrian access and egress points; and location, type
and size of existing utilities.
2. Recommend the proper location and layout of entry/exit driveways as they relate to ease of
vehicular ingress and egress of the project, potential queuing of traffic, general traffic flow, and
the number of entry/exit control lanes that will be needed.
3. Prepare alternative parking solutions based on various circulation, ramping and vertical-flow
systems to establish the potential parking capacity of the parking structure. Provide parking
capacity information and parking structure area breakdowns for each option. Present
evaluation of all options to you with speCific recommendations and/or comments on
advantages and disadvantages of each option.
4. Prepare floor plans of the selected parking solution at a scale chosen by the Agency.
5. Apply parking standards established by the City of Arroyo Grande Planning and Zoning Code.
These standards will address the percentage of compact spaces allowed, parking space width
and length, required width of drive aisles, and appropriate turning geometry to allow
.
y
Mr. Steven Adams
October 30, 2006
Page 3
convenient parklunpark movements and vehicular circulation. The standards also establish
maximum slope of entry/exit ramps, interior parking ramps, driving ramps and transition
slopes.
6. Provide general parking layout, and turning geometry for vehicular and truck turns and
maneuvering, where necessary.
7. Determine the number of spaces required for persons with disabilities as defined by local
requirements, California Title 24 and the Americans with Disabilities Act (ADA), and provide
parking layouts for such.
8. Assist the Agency and/or your staff in the design, location and general layout of a parking
manager's office, if required.
Costs - Fees and Payments
1. Our lump sum fee for these services, excluding reimbursable expenses, shall be Nine
Thousand Six Hundred Twenty-Five Dollars ($9,625), to be paid as invoiced in conjunction
with the percent completion each phase of work as follows. Please see Item 3 below for a list
of reimbursables.
Individuals' anticipated time allocation spent on this work effort:
Mr. Vogel- 35 hours @ $175/hour
Mr. Vander Helm - 20 hours @ $175/hour
2. Additional services performed at your request for work beyond the scope of this proposal, or
for changes in previously approved work, will be billed according to the following rate
schedule:
Hourly Rates
Principal
Associate
Draftsman
Clerical
$175/hour
$145/hour
$ 95/hour
$ 45/hour
3. Reimbursables, in addition to the above fee, shall consist of mileage, reproduction costs,
mailing, messenger service and telephone expenses.
4. Payments shall be made monthly, in proportion to percent of completion of each phase of
work, upon presentation of the invoice. All charges will be due and payable within 30 days.
Invoices aged more than 90 days will be increased by one percent per month carrying
charges, unless otherwise arranged. Compensation for services will not be contingent upon
The City of Arroyo Grande's collection of fees from others. In the event that there is a dispute
arising from the terms of this agreement, the prevailing party shall be entitled to recover
reasonable attorney fees, costs and expenses included.
5. The City of Arroyo Grande retains the right to cancel the work of this contract at any time
during the course of the project. Payment to be made in full for completed phases of work.
Payment for partial completion of any phase to be on the basis of work performed to date.
"
Mr. Steven Adams
October 30, 2006
Page 4
6. It is agreed that PDG will perform its services in accordance with current, generally accepted
design practices. It is understood that PDG makes no warranties, either express or implied, as
to the findings, designs, recommendations, speCifications or professional advice, and that work
performed by PDG will be judged by normal standards of care.
Schedule
PDG anticipates the completion of this work effort to be four to six weeks upon receipt of authorization
to proceed and receipt of all pertinent information required for the accurate completion of the work
effort.
We would be very pleased to have the opportunity to work with the City of Arroyo Grande on this
project. If this proposal is satisfactory, please sign and retum one copy for our records. Please
contact our office if you have any questions or need clarifications.
Sincerely,
4/ltter1
David L. Vogel
Senior Partner
Enclosures
Cc: Warren Vander Helm
Accepted
Printed Name
Title
Date
c:\documents and settings\david\desktoplpdglparking design group'fJroposslS\arroyo gra'lde\arroyograndeproposal doc
Mr. Steven Adams
October 30, 2006
Page 5
f'
1 David L Vogel Partner
Selected flOieds
LADOT-Hollywood Parking FOdlity, Holiywood, CA
Figuroo Centrol Mixed-Use Development, Los Angeles, CA
UClA University Village Parking StructulO, Los Angeles, CA
Son Diego Int. Airport parking redesign Son Diego,CA
USC Moio & HS Campus Parking Demond, Los Angeles, CA
The Denver Pavillions, Denver, CO
LA County Museum of Arts , Los Angeles, CA
Beverly Hills Culturol Center, Beverly Hills, CA
LA Unified School District Demond Study, Los Angeles, CA
Harbor Steps, Seattle, WA
Princeton Baptist Medicol Center, Birmingham, AL
Hyon Regency Hotel Goroge, Sacramento, CA
US Bonk Garoge, Seonle, WA
UCLA Sourhwest Campus Housing, las Angeles, CA
Jet Propulsion laborotory Demond Analysis, Pasadena, CA
Rolph Wilsan Stodium (FKA Rich Stadium) Orchard Pork, NY
Newport Udo Medicol Center, Newport Beach, CA
ABC Entertainment Center, Los Angeles, CA
I'
I i
; I
I I
. I
FOI twenty years David has been advising architects,
dty planners, controctors and develop1l1S on
just about every conceivable parking structure
and land-use opplicotion, on hundreds of projects
ocrO\\ the counhy, and contlnues to brooden this
Imowledge base today os one of two fino partners.
Prior to joining Parking Design Group, David
served os Senior Parking Consultont at
IPD where he \VOS project manager, conducted
parking demond/supply analyses and
developed parking op1lrotlons pro Iormo
lor 0 diverse client base. He held 0 previous
posmon os Director of Planning lor Allright
Corporotion in Houston, TX. While there
he consulted notionally in 0 variety of areas
including municipal code-hosed de~gn,
porking operotions, functional design,
grophiwsignoge progroms, land-use
planning and feasibility/demand studies.
Education
University of Nortbem lowo, Bachelor of Arts
Degree-Industry, grophic arts emphasis.
Professional Regisltolions / Affiliations
Member, Notional Parking Associotion
Member, Parking Consultants Council
Member, Internotlonol Parking Association
Boord of Directors, California Public
Parking Association
~
parking design group
bsoilge!es nn1n;jf1 hO!Jston
Ol!oMiwt.li;f)S R. f ':n"?Y'Ij(p ib:it!! :'iiOP!
Mr. Steven Adams
October 30, 2006
Page 6
, Warren C Vander Helm - PartnEr
SiIlrioo Rrieds
Warren has CNel25 years in par1ling design and
planning, In the early eighties he fBV8j asa par1ling
ronSJltant with Nlright Planning Di~sioo in Hooitoo,
TIllIaS, where he offered par1ling facility design
oonSJltation to ard1itlll~ developers and muniapalities
nationwide and SJpported oommenial par1ling opEl'atioos
and development in 80 US anes. OmidEl'able projlll
diversity allowed Warren to find oomprehensive par1ling
design 9Jlutions for major airport, oommenial, Ililail,
hosptality, healthalre, edualtioo and Errtertainment
prqeds. latEr as ~Ill f\esidErrt of Nlright !>dr1ling
&fslem in llalla~ Texa~ he was responsible for 60
downtown and airport oommenial paoong opEratioos
Warren al9J held the positioo of Senior Far1ling
OlnSJltant with IPD whEre he furthered his par1ling
structure design 8.lIpertise along with preparing
demand/feasibility itudies. 00& eitimating, pro fonna,
site ~anning, oPEl'ation~ programming and
functional design for itlUctUres serving from
200 to 7,000 allS.
~ue QossIBlue Slie/d paoong structure, Uttle 1bX, AR
fl!pperdine Univ, par1ling itlUcture feasibility, Malibu, rA
RgUErOa Clintral Mixed-Use lRYeIopment, LosMgeles. rA
Smart !>dr1l Fadlity - ~it Oty, ~it
San Diego Intemationall>Jrport par1ling redesign San Diego,rA
Uaxl Nano &;items !>diking Fadlity, Santa Barbara, rA
f>s a partnEr with Faoong ~gn Goup, Warren
is invlived in all phases of paoong faality design,
from maltEr planning through design development
and is responsible for llXl'dinating the inllllvement
of all design di&ipllnes.
Los Mgeles Music ClintEr par1Iing facility, LosMgeles. rA
O1tario Int, I>Jrport- par1ling & shuttle analysis, Qltario rA
Rrit Oty Clinter par1ling itruliure llalla~ 1)(
Bill1tia1
University of Northern la.va, Baclielor of his
~ree.lnduitry,.OlnitlUction Mgmt, 1982
state of V\\1oming paoong itruliure, O1eyenne, Wf
News lane ResidErrtial Tower, Seattle, WA
Rr:ie.sIilni llfiliitirns
Qnaha Olapter flJA
Natiooal Faoong f>s9Jdanon
International Far1ling Inititute
I>Jrport OlnSJltants Clxmal
Beverly Hills OJltural Clinter, Beverly Hill~ rA
ABCEntEl'tainment ClintEr, LosMgeles. rA
Newport Udo Mediall ClintEr, Newport Beach, rA
Olral91ores Rmrt, Clpe Olral, A.
IBM Olmplex, Atlanta, GA
~
parking design group
losong818s omoho hous!on
Qlalificatims & &:fErierm - Wlnen C Vari:tJr HJlm
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Consultant agrees to amend,
supplement or endorse the existing coverage to do so. Consultant acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds available to City in excess of the
limits and coverage required in this agreement and which is applicable to a given loss,
will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy from CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self-
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to City for injury to employees of
Page 1 of 5
Consultant, subContractors or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required
herein.
Insurance procured pursuant to these requirements shall be written by insurer that are
admitted carriers in the state California and with an A.M. Bests rating of A- or better and
a minimum financial size VII.
General conditions pertaining to provIsion of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials
employees and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Consultant also agrees to require all Consultants, and subContractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all Consultants
and subContractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any Consultant or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or reduction
of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any insurance is
Page 2 of 5
i -
not delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
9. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Consultant or any subContractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subContractors, and any other party
involved with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant. Consultant
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subContractors and
others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions
or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any Consultant, subContractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated by
this agreement to self-insure its obligations to City. If Consultant's existing coverage
includes a deductible or self-insured retention, the deductible or self-insured retention
must be declared to the City. At the time the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or self-insured
retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Consultant ninety
(90) days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increase benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps
that can be deemed to be in furtherance of or towards performance of this Agreement.
Page 3 of 5
14. Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant of non-compliance with any insurance requirements
in no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or
its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant's insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit
the obligations of Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as
a waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There shall
be no recourse against City for payment of premiums or other amounts with respect
thereto.
Page 4 of 5
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
Page 5 of 5
8.f.
MEMORANDUM
TO:
FROM:
CITY COUNCIL
STEVEN ADAMS, CITY MANAGER#,
SUBJECT: CONSIDERSATION OF CANCELLATION OF DECEMBER 26,
2006 CITY COUNCIL MEETING
DATE:
NOVEMBER 28, 2006
RECOMMENDATION:
It is recommended the City Council cancel the regularly scheduled Council
meeting of December 26th due to the holiday.
FUNDING:
There is no fiscal impact.
DISCUSSION:
Past practice of the City Council has been to cancel the second regularly
scheduled December meeting due to scheduling conflicts with the holidays.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Cancel the December 26th meeting;
- Reschedule the December 26th meeting;
- Do not cancel the December 26th meeting; or
- Provide direction to staff.
8.g.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEE~
SUBJECT: CONSIDERATION TO APPROVE THE PLANS AND SPECIFICATIONS
FOR THE PICNIC SHELTER STRUCTURE AT ELM STREET PARK,
PW 2006-05
DATE: NOVEMBER 28,2006
RECOMMENDATION:
It is recommended the Council:
A. approve the plans and specifications for the Picnic Shelter Structure at Elm
Street Park, PW 2006-05;
B. find that the project is categorically exempt from CEQA pursuant to Section
15301 (d);
C. direct the Director of Administrative Services to file a Notice of Exemption;
and,
D. appropriate $10,000 from the Park Development Fund.
FUNDING:
The FY 2006/07 Capital Improvement Program identifies the Picnic Shelter Structure at
Elm Street Park project. The anticipated construction cost is $85,000.00 and will be
funded by a grant from Proposition 12 ($10,000) and from the Park Development Fund
($75,000).
DISCUSSION:
The existing structure at the Elm Street Park, consisting of old utility poles, has
deteriorated and requires replacement. The park furniture similarly must be replaced,
as it does not meet current ADA accessibility standards. The project scope of work
includes the demolition of the existing park shelter, including the concrete slab,
barbeque pit and furniture. It is proposed that a pre-engineered park shelter be
constructed over a new concrete slab along with a masonry barbeque pit and ADA
CITY COUNCIL
CONSIDERATION TO APPROVE THE PLANS AND SPECIFICATIONS FOR THE
PICNIC SHELTER STRUCTURE AT ELM STREET PARK, PW 2006-05
NOVEMBER 28, 2006
PAGE 2
compliant furniture. The contract documents will also include an underground
conversion of nearby overhead utilities as an additive bid alternate. The contract time
for this project is specified at 45 calendar days. The construction is expected to begin
in late January and completed by mid March 2007.
Staff has determined that the project is categorically exempt from CEQA pursuant to
Section 15301 (d).
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve staff's recommendations;
. Do not approve staff's recommendations;
. Modify as appropriate and approve staff's recommendations; or
. Provide direction to staff.
Attachments:
1. Project Schedule
2. Notice of Exemption
ATTACHMENT 1
~"tjj 0/ QQ/~~ fff~
Tentative Project Schedule
For
Picnic Shelter Structure at Elm Street Park
Project No. PW 2006-05
Approval of Project Plans (at City Council meeting) .....................................................November 28,2006
I" Notice to Bidders .......................................................................................................... December 2,2006
Pre-Bid Meeting (Thursday, 2:00 p.m. at City Council Chambers)................................ December 14,2006
Bid Opening (Tuesday, 2:00 p.m. City Council Chambers) ........................................... December 19,2006
Award of Bid at City Council meeting.................................................................................. January 9, 2007
Notice of Award .................................... .............................................................................. January 10, 2007
Notice to Proceed ............................................................................................................... January 29, 2007
Contract Completion (95 calendar days).................................................................................... May 4,2007
ATTACHMENT 2
Notice of Exemption
To:
Office of Planning and Research
1440 Tenth Street, Room 121
Sacramento, CA 95814
From: (Public Agency) City of Arroyo Grande
P.O. Box 550
Arroyo Grande, CA 93421
[!] County Clerk
County of San Luis Obispo
County Government Center
San Luis Obispo, CA 93408
Project Title: Picnic Shelter Structure at Elm Street Park PW 2006-05
Project Location - Specific: Elm Street Park
Project Location - City: Arrovo Grande
Project Location - County: San Luis ObisDO
Description of Project: Demolition and reconstruction of picnic shelter
Name of Public Agency Approving Project: Citvof Arrovo Grande - Puhlic Works Deoarlmelll
Name of Person or Agency Carrying Out Project: City of Arrovo Grande - Public Works Devor/men!
Exempt Status: (check one)
o Ministerial (Section 12080(b)(I); 15268);
o Declared Emergency (Sec. 21080(b)(3); 15269(a));
o Emergency Project (Sec. 21080(b)(4); 15269(b)(c)):
~ Categorical Exemption. State type and section number: Section 15301(dJ
o Statutory Exemptions. State code number:
Reasons Why Project Is Exempt: Project involves restoration or rehabilitation of a deteriorated structure to meet current
standards o(fJublic health and safetl' with a neelir!ible eXDansion o{the existing' use.
Lead Agency
Contact Person: Evan Larson
Area Code/Telephone/Extension: (805) 473-5447
If filed by Applicant:
1. Attach a certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? 00 Yes
ONo
Signature:
Date:
Title: Public Works Director
I!J Signed by Lead Agency
o Signed by Applicant
o Date received for filing at OPR:
8.h.
MEMORANDUM
TO:
FROM:
CITY COUNCIL
DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER IJo
CONSIDERATION TO APPROVE FINAL TRACT MAP 2236 - GRACE
LANE; SUBDIVIDING 29.5 ACRES INTO NINETEEN (19) RESIDENTIAL
PARCELS, ONE (1) OPEN SPACE PARCEL, AND ONE (1) OPEN
SPACE/DRAINAGE EASEMENT PARCEL
SUBJECT:
DATE:
NOVEMBER 28, 2006
RECOMMENDATION:
It is recommended the Council approve Final Tract Map 2236 - Grace Lane,
subdividing 29.5 acres into nineteen (19) residential parcels, one (1) open space parcel,
and one (1) open space/drainage easement parcel.
FUNDING:
There is no fiscal impact at this time.
DISCUSSION:
The City has received Final Tract Map 2236, owned by Greg Nester Development and
Construction. The subject tract is located north and west of Rodeo Drive, southwest of
Grace Bible Church, south of Rancho Grande Park, and southeast of Avenida de
Diamante. This map subdivides 29.5 acres into nineteen (19) residential parcels
ranging in size from 6,037 square feet to 50,620 square feet. The open space parcel is
15.74 acres and the open space/drainage parcel is 16,903 square feet. The zoning is
Royal Oaks Planned Development (PD 1.3). The current General Plan designation for
this tract is Low Density Residential (LD).
Currently, Grace Bible Church owns the property to the northeast between the site and
the proposed intersection with Rodeo Drive. In order to extend Grace Lane to Rodeo
Drive, the applicant obtained an offer of dedication for right of way from the church. In
addition, the applicant had to obtain various easements for access, water, and sewer to
serve the four (4) affordable units (see attachments). All of these offers of dedication
will record concurrently with the map. The water, sewer, and right of way offers of
dedication are for the public and staff recommends that these offers of dedication be
rejected without prejudice as to future acceptance.
Condition of Approval NO.1 0 required the applicant to demonstrate the constructability
of four affordable units on Parcel "C" through soils testing and foundation engineering.
If Parcel "C" is buildable, the applicant was to submit a parcel map and subdivide Lot
"C" of the approved tentative map. The Building Department has deemed Parcel "C"
CITY COUNCIL
CONSIDERATION TO APPROVE FINAL TRACT MAP 2236 - GRACE LANE;
SUBDIVIDING 29.5 ACRES INTO NINETEEN (19) RESIDENTIAL PARCELS, ONE (1)
OPEN SPACE PARCEL, AND ONE (1) OPEN SPACE/DRAINAGE EASEMENT
PARCEL
NOVEMBER 28, 2006
PAGE 2
buildable. In order to simplify the process, the subdivision of Lot "C" is included in the
final tract map rather than by separate parcel map.
The map is consistent with the Vesting Tentative Tract Map 02-005, approved by the
City Council on January 13, 2004. Staff recommends that the Council approve final
Tract Map 2236 and reject without prejudice as to future acceptance the offsite offers of
dedication for right of way, water, and sewer.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve staff's recommendation;
. Do not approve staff's recommendation;
. Modify as appropriate and approve staff's recommendation; or
. Provide direction to staff.
Attachment: Attachment 1 - Final Tract Map 2236
Attachment 2 - Offer of Dedication for Right of Way
Attachment 3 - Public Water Main Easement
Attachment 4 - Public Sewer Main Easement
Attachment 5 - Access Easement for Affordable Units
Attachment 6 - Slope Easement for Access to Affordable Units
Attachment 7 - Wall and Slope Easement for Church Driveway
S:\Public Works\Engineering\Development Projects\Tract Maps\Tracl 2236 - GRACE LANE\CITY COUNCIL\MAP APPROVAL\Staff Report - Approval
of Final Map for Tract 2236 - Grace Lane.doc
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ATTACHMENT 2
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF ARROYO GRANDE
ENGINEERING DEPARTMENT
208 EAST BRANCH ST_
ARROYO GRANDE, CA 93420
IRREVOCABLE & PERPETUAL OFFER TO DEDICATE
THIS OFFER TO DEDICATE, made the day of
2006, by Grace Bible Church, A California Non-Profit Corporation, hereinafter termed
"OFFEROR":
WHEREAS, said OFFEROR desires to make an offer to dedicate, irrevocably, to the
public, an easement for public road purposes, which offer may be accepted at any time by
any governmental entity which has the power to establish, construct and maintain roads.
NOW, THEREFORE, said OFFEROR covenants and promises as follows;
1) That said Offeror is the owner of the real property described in Exhibit A and shown
schematically in Exhibit A-1.
2) That said OFFEROR does hereby irrevocably and in perpetuity offer to such
governmental entity a dedication of a public right-of-way for road purposes and
incidental uses upon the following described property:
SEE EXHIBIT B
3) That until s'jch time as the above offer of dedication is accepted by such a
government entity, all owners of property continuous to the above described road
parcel shall have the right to the use of said road parcel as a private road.
4) That said OFFEROR agrees that said offer of dedication shall be irrevocable and
that such a government entity may, at any time in the future, accept said offer of
dedication of the public right-of-way.
5) That said OFFEROR agrees that this irrevocable and perpetual Offer to Dedicate is
and shall be binding on his heirs, legatees, successors and assignees.
1
IN WITNESS WHEREOF, this OFFER TO DEDICATE is hereby executed by the said
OFFEROR on the day and year first above written.
Grace Bible Church, A California Non-Profit Corporation
By:
ACKNOWLEDGMENT
State of California
} ss
County of San Luis Obispo
On -:SA'" /qJ 'J.{)(J I-- , 2005, before me, e'. -:S. VAJ....vt.Rl> e.- ,
personally appeared P.1~1lA-/2.l> 50 t;TePAfI/(OJ and personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
Name
r
".@~ tJ. VALVERD; 1
~. .' ,.'l~: COM!I,i. # 1573708 <:
::: .~ ," . . ,~ Notarj' PubJic-C aHfomja ?=
Cou"" 0' s-- L '"b' ;r.
. ,. 'Ill)' I C:JI UlS Li iSCQ 1'-'
. My Comm, f.'p, May 24. 2009
2
[EXHIBIT_"A" I
THAT PORTION OF LOT "B" OF TRACT NO. 1390, IN THE CITY OF ARROYO GRANDE, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF, RECORDED IN
BOOK 14, PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
DESCRIBED AS FOLLOWS: '
BEGINNING AT THE NORTHWEST CORNER OF LOT "B" OF TRACT NO. 1390, AS RECORDED IN
BOOK 14, PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN LUIS OBISPO
COUNTY, THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE WESTERLY LINE
OF SAID TRACT 1390, SOUTH 31'10'54"WEST, A DISTANCE OF 785.71 FEET TO A POINT;
THENCE LEAVING SAID WESTERLY TRACT LINE SOUTH 42'14'55" EAST, A DISTANCE OF 362.14
FEET TO A POINT;
THENCE NORTH 45'47'31" EAST, A DISTANCE OF 197.62 FEET TO A POINT, SAID POINT
DESIGNATED AS POINT "A";
THENCE SOUTH 44'12'29" EAST, A DISTANCE OF 52.00 FEET TO THE A POINT, SAID POINT
DESIGNATED AS POINT "B'"
THENCE NORTH 45'47'31" EAST, A DISTANCE OF 39.50 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 25.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25'54'05", AN
ARC LENGTH OF 11.30 FEET TO A POINT, SAID POINT DESIGNATED AS POINT "C";
THENCE SOUTH 54'41'04" EAST, A DISTANCE OF 417.52 FEET TO THE WEST CORNER OF LOT 214
OF SAID TRACT NO. 1390;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 114, NORTH 1 0'26'13" EAST A DISTANCE OF
87.44 FEET TO THE WEST CORNER OF SAID LOT 114; THENCE ALONG THE WESTERLY LINE OF
LOT 186 OF SAID TRACT, NORTH 35'50'03" EAST, A DISTANCE OF 175.07 FEET TO THE
INTERSECTION OF SAID WESTERLY LINE WITH THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF
RODEO DRIVE (FORMERLY OAK COUNTRY ROAD) AS SHOWN ON THE MAP OF SAID TRACT 1390;
THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, NORTH
38'32'18" WEST, A DISTANCE OF 257.93 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE TO THE EAST AND HAVING A RADIUS OF 626.00 FEET; THENCE CONTINUING
NORTHERLY ALONG THE WESTERLY RIGHT OF WAY OF SAID RODEO DRIVE (FORMERLY OAK
COUNTRY ROAD) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43'44'48", AN ARC
LENGTH OF 477.97 FEET TO THE END OF SAID CURVE,
THENCE CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID RODEO DRIVE
(FORMERLY OAK COUNTRY ROAD) NORTH 5'12'30" EAST, A DISTANCE OF 114.95 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF
24.00 FEET;
THENCE NORTHERLY AND WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 86
3905, AN ARC LENGTH OF 36.30 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF JAMES WAY,
.AS SHOWN ON THE MAP OF SAID TRACT 1390, TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE TO THE NORTH AND HAVING A RADIUS OF 832.00 FEET;
THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID JAMES WAY, ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 7'28'04", AN ARC LENGTH OF 108.44 FEET TO A
POINT;
THENCE CONTINUING WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY NORTH 73'58'31"
WEST, A DISTANCE OF 91.73 FEET TO THE TRUE POINT OF BEGINNING.
SAID LAND IS SHOWN ON RECORD OF SURVEY MAP RECORDED IN BOOK 59, PAGE 62 OF
LICENSED SURVEYS IN ACCORDANCE WITH LOT LINE ADJUSTMENT AGAL 88-222.
RESERVING UNTO GRANTOR HEREIN an easement for right-of-way for the purposes of constructing
and using a roadway and incidental purposes including, but not limited to, water mains and sewer mains,
along with the right to dedicate said easement to the public at any future date, said easement being more
particularly described as follows:
3
Beginning at the aforementioned point designated point "A", the TRUE POINT OF BEGINNING:
Thence Northeasterly along a curve, concave to the West, having a radius of 50.00 feet and a radial
bearing at said point "A" of North 44'12'29" West, through a central angle of 17'16'37" an arc length of
15.08 feet to a point of reversed curvature;
Thence Northerly and Easterly along a curve, concave to the Southwest, having a radius of 83.00 feet,
through a central angle of 86'21'24" an arc length of 125.10 feet to a point of reversed curvature;
Thence Easterly along a curve, concave to the North, having a radius of 50.00 feet, through a central angle
of 17'16'37" an arc length of 15.08 feet to a point;
Thence South 82'24'19" East a distance of 195.58 feet to the beginning of a tangent curve, concave to the
North and having a radius of 124.00 feet;
Thence Easterly along said curve through a central angle of 46'07'59", an arc length of 99.84 feet to a
point;
Thence North 51'27'42" East a distance of 6.34 feet to the beginning of a tangent curve, concave to the
Northwest and having a radius of 24.00 feet;
Thence Easterly and Northerly along said curve through a central angle of 00'00'00", an arc length of
37.70 feet to a point on the Westerly right-of-way line of Rodeo Drive (formerly Oak Country Road) as
shown on said map of Tract 1390;
Thence Southeasterly along said right-of-way line South 38'32'18" East a distance of 100.00 feet to the
beginning of a tangent curve, concave to the South and having a radius of 24.00' feet;
Thence leaving said right-of-way line Westerly and Southerly along said curve through a central angle of
90'00'00" an arc length of 37.70 feet to a point;
Thence South 51 '27'42" West a distance of 6.34 feet to the beginning of a tangent curve, concave to the
North and having a radius of 176.00 feet;
Thence Westerly along said curve through a central angle of 46'07'59", an arc length of 141.71 feet to a
point;
Thence North 82'24'19" West a distance of 235.08 feet to the beginning of a tangent curve, concave to the
South and having a radius of 25.00 feet;
Thence along said curve through a central angle of 51 '48'10", an arc length of 22.60 feet to a point; the
previously described point "COO falling at the midpoint of said curve, at which point said curve becomes
coincident with a Southeasterly line of the previously described parcel of land;
Thence continuing along the Southeasterly line of the previously described parcel of land North 45'12'29"
West a distance of 39.50 feet to the previously described point "B";
Thence North 4'12'29" West a distance of 52.00 feet returning to the previously described point "A" and
the TRUE POINT OF BEGINNING of said easement.
End of Description
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EXHIBIT A-1
civil engineers. land surveyors. land planners
1998 santa barbara st . san luis obispo, ca 93401
ph: 805/549-8658 . email: eda@edainc.com
job. no. 2.1734.100
PARCEL 1
BEING A PORTION OF THAT CERTAIN LAND IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, AS DESCRIBED IN THE DOCUMENT RECORDED APRIL 13,1999, IN
BOOK 3297 OF OFFICIAL RECORDS AT PAGE 690.IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, BEING A PORTION OF LOT B OF TRACT NO. 1390 ACCORDING TO THE MAP
RECORDED AUGUST 2,1988, IN BOOK 14 OF MAPS AT PAGE 73, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT POINT "A" AS REFERENCED BY A 5/8" REBAR WITH CAP STAMPED "RCE 31581", AS
SHOWN ON THE MAP RECORDED APRIL 13, 1989, IN BOOK 59 OF LICENSED SURVEYS AT PAGE 62 IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE
OF THE LAND DESCRIBED IN THE DOCUMENT IN BOOK 3297 OF OFFICIAL RECORDS AT PAGE 690
1) SOUTH 44012'29" EAST, 7.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE
2) CONTINUING ALONG THE SOUTHERLY LINE OF SAID PROPERTY, SOUTH 44012'29" EAST, 44.63
FEET TO POINT "B" AS SHOWN ON LAST SAID MAP; THENCE
3) CONTINUING ALONG THE SOUTHERLY LINE OF SAID PROPERTY, NORTH 45047'31" EAST, 39.50
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 25.00 FEET; THENCE
4) CONTINUING ALONG THE SOUTHERLY LINE OF SAID PROPERTY AND EASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 25054'05" AN ARC DISTANCE OF 11.30 FEET TO POINT
"C" AS SHOWN ON LAST SAID MAP; THENCE
5) CONTINUING ALONG THE SOUTHERLY LINE OF SAID PROPERTY, SOUTH 51041'04" EAST, 42.39
FEET TO THE BEGINNING OF NON TANGENT CURVE CONCAVE TO THE SOUTH HAVING A
RADIUS OF 472.00 FEET TO WHICH POINT A RADIAL LINE BEARS NORTH 09006'49" WEST;
THENCE LEAVING SAID SOUTHERLY LINE
6) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16031 '56" AN ARC DISTANCE
OF 136.19 FEET; THENCE
7) SOUTH 82034'54" EAST, 73.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO
THE NORTH HAVING A RADIUS OF 185.00 FEET; THENCE
8) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45047'13" AN ARC DISTANCE
OF 147.84 FEET; THENCE
9) NORTH 51037'53" EAST, 5.05 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
SOUTH HAVING A RADIUS OF 24.00 FEET; THENCE
10) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89049'49" AN ARC DISTANCE
OF 37.63 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF RODEO DRIVE, A
FIFTY-TWO (52) FOOT WIDE ROAD AS SHOWN ON SAID MAP OF TRACT NO. 1390; THENCE
11) NORTH 38032'18" WEST, ALONG SAID SOUTHWESTERLY LINE, 106.00 FEET TO A POINT OF CUSP
OF A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 24.00 FEET; THENCE
5
12) LEAVING SAID SOUTHWESTERLY LINE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 90'10'11" AN ARC DISTANCE OF 37.77 FEET; THENCE
13) SOUTH 51'37'53" WEST, 4.73 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO
THE NORTH HAVING A RADIUS OF 127.00 FEET; THENCE
14) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45'47'13" AN ARC DISTANCE
OF 101.49 FEET; THENCE
15) NORTH 82'34'54" WEST 73.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO
THE SOUTH HAVING A RADIUS OF 530.00 FEET; THENCE
16) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0'59'20" AN ARC DISTANCE
OF 9.15 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE TOTHE SOUTH
HAVING A RADIUS OF 70.00 FEET TO WHICH POINT A RADIAL LINE BEARS NORTH 06'25'46"
EAST; THENCE
17) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24 '04'14" AN ARC DISTANCE
OF 29.41 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE TO THE NORTH
HAVING A RADIUS OF 44.00 FEET TO WHICH POINT A RADIAL LINE BEARS SOUTH 17038'28"
EAST; THENCE
18) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19'21 '31" AN ARC DISTANCE
OF 14.87 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE TO THE SOUTH
HAVING A RADIUS OF 522.00 FEET TO WHICH POINT A RADIAL LINE BEARS NORTH 01 '43'02"
EAST; THENCE
19) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15023'09" AN ARC DISTANCE
OF 140.17 FEET; THENCE
20) SOUTH 76019'54" WEST, 26.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO
THE SOUTH HAVING A RADIUS OF 138.00 FEET; THENCE
21 ) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12010'44" AN ARC DISTANCE
OF 29.33 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 23,595 SQUARE FEET, MORE OR LESS
THE ABOVE DESCRIBED LAND IS GRAPHICALLY SHOWN ON EXHIBIT C-1 ATTACHED HERETO AND
MADE A PART HEREOF
6
PARCEL 2
BEING A PORTION OF THAT CERTAIN LAND IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, AS DESCRIBED IN THE DOCUMENT RECORDED APRIL 13,1999, IN
BOOK 3297 OF OFFICIAL RECORDS AT PAGE 690 IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, BEING A PORTION OF LOT B OF TRACT NO. 1390 ACCORDING TO THE MAP
RECORDED AUGUST 2,1988, IN BOOK 14 OF MAPS AT PAGE 73, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT POINT "A" AS REFERENCED BY A 5/8" REBAR WITH CAP STAMPED "RCE 31581", AS
SHOWN ON THE MAP RECORDED APRIL 13,1989, IN BOOK 59 OF LICENSED SURVEYS AT PAGE 621N
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE
OF THE LAND DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 3297 OF OFFICIAL RECORDS AT
PAGE 690 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SOUTH 45047'31" WEST,
197.62 FEET TO A 5/8" REBAR WITH CAP STAMPED "RCE 31581", AS SHOWN ON SAID MAP AND THE
TRUE POINT OF BEGINNING; THENCE
1) CONTINUING ALONG THE SOUTHERLY LINE OF SAID PROPERTY, NORTH 42014'55" WEST, 0.56
FEET; THENCE
2) LEAVING THE SOUTHERLY LINE OF SAID PROPERTY, NORTH 43005'48" EAST, 45.65 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 57.50
FEET; THENCE
3) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20034'02" AN ARC
DISTANCE OF 20.64 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PROPERTY; THENCE
4) ALONG THE SOUTHERLY LINE OF SAID PROPERTY, SOUTH 45047'31" WEST, 65.97 FEET TO THE
TRUE POINT OF BEGINNING
CONTAINING 115 SQUARE FEET, MORE OR LESS
THE ABOVE DESCRIBED LAND IS GRAPHICALLY SHOWN ON EXHIBIT C-2 ATTACHED HERETO AND
MA E A PART HEREOF
PAUL E. REICHARDT P.L.S.1i693 (exp.9-30-2007)
7
October 18, 2006
K:\21734100\4-Survey\Maps\Documents & Legal Exhibits\Road Offer of Dedication.doc
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TRACT I 390
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R=70.00' A=24004'14" L=29.41,
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S 76019'54" W 26.90'
R=138.00'L=29.33'
N 45047'31" E 39.50'
POINT"S"
EXHIBIT C-1
OFFER TO DEDICATE
job. no. 2.1734.100
civil engineers. land surveyof"$ . land planners
1998 santa barbara st . san luis obispo, ca 93401
ph: 8051549-8658 . emall: eda@edainc.com
POINT OF COMMENCEMENT
(POINT "A"); 5/8" REBAR AND CAP
"RCE 31581"
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civil engineers. land surveyors . land planners
1998 santa barbara st. san luis obispo, ca 93401
ph: 8051549~65a . email: eda@edainc.com
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EXHIBIT C-2
OFFER TO DEDICATE
job. no. 2.1734.100
ATTACHMENT 3
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF ARROYO GRANDE
ENGINEERING DEPARTMENT
208 EAST BRANCH ST.
ARROYO GRANDE, CA 93420
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
PUBLIC WATER MAIN EASEMENT
THIS OFFER TO DEDICATE, made this day of ,2006;
by Grace Bible Church, a Califomia Non-Profit Corporation, of the City of Arroyo Grande,
County of San Luis Obispo, State of California, hereinafter termed Offeror:
WHEREAS, said Offeror desires to make an irrevocable and perpetual offer to dedicate an
easement for the purposes of a public water main; and,
NOW, THEREFORE, For a valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, said Offeror covenants and promises as follows:
1. That said Offeror is the owner of the real property described in Exhibit A and shown
schematically in Exhibit A-1.
2. That said Offeror does hereby offer to the City of Arroyo Grande an easement for a public
water main along with any appurtenances and incidental uses, over, under, upon and
across the folloWing property described in Exhibit B and shown schematically in Exhibit B-1
3. That within said easement, the City shall have the right to install, operate and maintain,
repair and replace, and enlarge or decrease the size of the public water main along with
any appurtenances and incidental uses.
4. That said Offeror agrees that the easement for the public water main is and shall be
binding on their heirs, legatees, successors and assignees.
IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day and
year first above written.
1
Grace Bible Church, a California Non-Profit Corporation
I'~ ) /l
By: ,\ ~:vt&/t
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ACKNOWLEDGMENT
County of San Luis Obispo
}
ss
State of California
On ~"'l Iq. 'J-oO& ~,before me, B"-:5. VAj..Ve-~e...
personally appeared 'f(IC!l/H:{l) -S, Srep()olllC1.AJ and
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
l@' '" ~ S,J, VALViiiDE !
[;! ,'""Plc, COMM, # 15i3i08 :$
::: .,.~. - ...- .. NOt2f)' Pubilc-C2inornia D:
~ -..., County of San LUiS Obispo tJ
, My Comm, Exo, May 24,2009
Page 2
l ~~HIBIT~
THAT PORTION OF LOT "B" OF TRACT NO. 1390, IN THE CITY OF ARROYO GRANDE COUNTY
OF SAN LUIS/OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF,
RECORDED IN BOOK 14, PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT "B" OF TRACT NO. 1390, AS RECORDED IN
BOOK 14, PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN LUIS
OBISPO COUNTY, THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE
WESTERLY LINE OF SAID TRACT 1390, SOUTH 31'10'54" WEST, A DISTANCE OF 785.71 FEET
TO A POINT;
THENCE LEAVING SAID WESTERLY TRACT LINE SOUTH 42'14'55" EAST, A DISTANCE OF
362.14 FEET TO A POINT;
THENCE NORTH 45'47'31" EAST, A DISTANCE OF 197.62 FEET TO A POINT, SAID POINT
DESIGNATED AS POINT "A";
THENCE SOUTH 44'12'29" EAST, A DISTANCE OF 52.00 FEET TO THE A POINT, SAID POINT
DESIGNATED AS POINT "B";
THENCE NORTH 45'47'31" EAST, A DISTANCE OF 39.50 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 25.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25054'05",
AN ARC LENGTH OF 11.30 FEET TO A POINT, SAID POINT DESIGNATED AS POINT "C";
THENCE SOUTH 54041'04" EAST, A DISTANCE OF 417.52 FEET TO THE WEST CORNER OF LOT
214 OF SAID TRACT NO. 1390;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 114, NORTH 10026' 13" EAST A DISTANCE
OF 87.44 FEET TO THE WEST CORNER OF SAID LOT 114; THENCE ALONG THE WESTERLY
LINE OF LOT 186 OF SAID TRACT, NORTH 35050'03" EAST, A DISTANCE OF 175.07 FEET TO THE
INTERSECTION OF SAID WESTERLY LINE WITH THE SOUTHWESTERLY RIGHT-OF-WAY LINE
OF RODEO DRIVE (FORMERLY OAK COUNTRY ROAD) AS SHOWN ON THE MAP OF SAID
TRACT 1390; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY
LINE, NORTH 38'32'18" WEST, A DISTANCE OF 257.93 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE TO THE EAST AND HAVING A RADIUS OF 626.00 FEET; THENCE
CONTINUING NORTHERLY ALONG THE WESTERLY RIGHT OF WAY OF SAID RODEO DRIVE
(FORMERLY OAK COUNTRY ROAD) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
43'44'48", AN ARC LENGTH OF 477.97 FEET TO THE END OF SAID CURVE,
THENCE CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID RODEO DRIVE
(FORMERLY OAK COUNTRY ROAD) NORTH 5'12'30" EAST, A DISTANCE OF 114.95 FEET TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST AND HAVING A
RADIUS. OF 24.00 FEET;
THENCE NORTHERLY AND WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
863905, AN ARC LENGTH OF 36.30 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF JAMES
WAY, AS SHOWN ON THE MAP OF SAID TRACT 1390, TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE TO THE NORTH AND HAVING A RADIUS OF 832.00 FEET;
THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID JAMES WAY,
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 7028'04", AN ARC LENGTH OF 108.44
FEET TO A POINT;
THENCE CONTINUING WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY NORTH 73'58'31"
WEST, A DISTANCE OF 91.73 FEET TO THE TRUE POINT OF BEGINNING.
SAID LAND IS SHOWN ON RECORD OF SURVEY MAP RECORDED IN BOOK 59, PAGE 62 OF
LICENSED SURVEYS IN ACCORDANCE WITH LOT LINE ADJUSTMENT AGAL 88-222.
RESERVING UNTO GRANTOR HEREIN an easement for right-of-way for the purposes of constructing
and using a roadway and incidental purposes including, but not limited to, water mains and sewer
3
mains, along with the right to dedicate said easement to the public at any future date, said easement
being more particularly described as follows:
Beginning at the aforementioned point designated point "A", the TRUE POINT OF BEGINNING:
Thence Northeasterly along a curve, concave to the West, having a radius of 50.00 feet and a radial
bearing at said point "A" of North 44'12'29" West, through a central angle of 17'16'37" an arc length of
15.08 feet to a point of reversed curvature;
Thence Northerly and Easterly along a curve, concave to the Southwest, having a radius of 83.00 feet,
through a central angle of 86'21'24" an arc length of 125.10 feet to a point of reversed curvature;
Thence Easterly along a curve, concave to the North, having a radius of 50.00 feet, through a central
angle of 17'16'37" an arc length of 15.08 feet to a point;
Thence South 82'24'19" East a distance of 195.58 feet to the beginning of a tangent curve, concave to
the North and having a radius of 124.00 feet;
Thence Easterly along said curve through a central angle of 46'07'59", an arc length of 99.84 feet to a
point;
Thence North 51 '27'42" East a distance of 6.34 feet to the beginning of a tangent curve, concave to the
Northwest and having a radius of 24.00 feet;
Thence Easterly and Northerly along said curve through a central angle of 00'00'00", an arc length of
37.70 feet to a point on the Westerly right-of-way line of Rodeo Drive (formerly Oak Country Road) as
shown on said map of Tract 1390;
Thence Southeasterly along said right-of-way line South 38'32'18" East a distance of 100.00 feet to the
beginning of a tangent curve, concave to the South and having a radius of 24.00 feet;
Thence leaving said right-of-way line Westerly and Southerly along said curve through a central angle of
90'00'00" an arc length of 37.70 feet to a point;
Thence South 51 '27'42" West a distance of 6.34 feet to the beginning of a tangent curve, concave to
the North and having a radius of 176.00 feet;
Thence Westerly along said curve through a central angle of 46'07'59", an arc Ip.ngth of 141.71 feet to a
point;
Thence North 82'24'19" West a distance of 235.08 feet to the beginning of a tangent curve, concave to
the South and having a radius of 25.00 feet;
Thence along said curve through a central angle of 51 '48'1 0", an arc length of 22.60 feet to a point; the
previously described point "c" falling at the midpoint of said curve, at which point said curve becomes
coincident with a Southeasterly line of the previously described parcel of land;
Thence continuing along the Southeasterly line of the previously described parcel of land North
45'12'29" West a distance of 39.50 feet to the previously described point "B";
Thence North 4'12'29" West a distance of 52.00 feet returning to the previously described point "A" and
the TRUE POINT OF BEGINNING of said easement.
End of Description
4
D:mImIII
LEGAL DESCRIPTION
WATER LINE EASEMENT
BEING A PORTION OF THAT CERTAIN LAND IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, AS DESCRIBED IN THE DOCUMENT RECORDED APRIL 13,1999, IN BOOK
3297 OF OFFICIAL RECORDS AT PAGE 690 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
BEING A PORTION OF LOT B OF TRACT NO. 1390 ACCORDING TO THE MAP RECORDED AUGUST 2, 1988, IN
BOOK 14 OF MAPS AT PAGE 73, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: .
COMMENCING AT POINT "C" AS REFERENCED BY A 5/8" REBAR WITH CAP STAMPED "RCE 31581", AS
SHOWN ON THE MAP RECORDED APRIL 13, 1989, IN BOOK 59 OF LICENSED SURVEYS AT PAGE 62 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF THE
LAND DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 3297 OF OFFICIAL RECORDS AT PAGE 690,
SOUTH 51"41'04" EAST, 170.56 FEET TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 48.00 FEET TO WHICH POINT A
RADIAL LINE BEARS NORTH 86"36'40" EAST; THENCE
1)
LEAVING THE SOUTHERLY LINE OF SAID PROPERTY, NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 50"50'10", AN ARC DISTANCE OF 42.59 FEET; THENCE
NORTH 54"13'29" WEST, 12.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
NORTHEAST HAVING A RADIUS OF 72.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39"55'01 ", AN ARC DISTANCE
OF 50.16 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH HAVING A
RADIUS OF 472.00 FEET TO WHICH POINT A RADIAL LINE BEARS
NORTH 3"55'11" WEST; THENCE
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3"00'41", AN ARC DISTANCE OF 24.81
FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A
RADIUS OF 48.00 FEET TO WHICH POINT A RADIAL LINE BEARS SOUTH 69"34'41" WEST; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33"48'10", AN ARC DISTANCE
OF 28.32 FEET; THENCE
SOUTH 54"13'29" EAST, 100.84 FEET; THENCE
SOUTH 35"46'31" WEST, 24.31 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE
SOUTH HAVING A RADIUS OF 23.00 FEET TO WHICH POINT A RADIAL LINE BEARS NORTH 26"17'03"
EAST; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70"44'07", AN ARC DISTANCE OF
28.39 TO THE SOUTHERLY LINE OF SAID PROPERTY; THENCE
ALONG SAID SOUTHERLY LINE NORTH 51"41'04" WEST, 31.80 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 4,256 SQUARE FEET, MORE OR LESS
2)
3)
4)
5)
6)
7)
8)
9)
PAUL E. REICHARDT P.L.S.5693 (exp.9-30-2007)
October 24, 2006 5
K:\217341 OO\4-Survey\Maps\Documents & Legal Exhibits\Water Offer Of Dedication.doc
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3?97 O.R. 690
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EXHIBIT A-1
civil engineers. land surveyors . land planners
1998 santa barbara st. san luis obispo, ca 93401
ph: 805/549-8658 . amail: eda@edainc.com
job. no. 2.1734.100
.
POINT OF COMMENCEMENT
(POINT "C"); 5/8" REBAR & CAP
"RCE 31581" PER 59 L.S. 62
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PTN. LOT
TRACT
14 j\A.8.
3297 O.R.
8
1390
73
690
EXHIBIT B-1
WATER LINE EASEMENT
civil engineers. land surveyors. land planners
1998 santa barbars st . san luis obispo, ca 93401
ph: 8051549-8658 . emall: eda@edainc.com
job. no. 2.1734.100
ATTACHMENT 4
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF ARROYO GRANDE
ENGINEERING DEPARTMENT
208 EAST BRANCH ST.
ARROYO GRANDE, CA 93420
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
PUBLIC SEWER MAIN EASEMENT
THIS OFFER TO DEDICATE, made this day of ,2006;
by Grace Bible Church, a California Non-Profit Corporation, of the City of Arroyo Grande,
County of San Luis Obispo, State of California, hereinafter termed Offeror:
WHEREAS, said Offeror desires to make an irrevocable and perpetual offer to dedicate an
easement for the purposes of a public sewer main; and,
NOW, THEREFORE, For a valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, said Offeror covenants and promises as follows:
1. That said Offeror is the owner of the real property described in Exhibit A and shown
schematically in Exhibit A-1.
2. That said Offeror does hereby offer to the City of Arroyo Grande an easement for a public
sewer main along with any appurtenances and incidental uses, over, under, upon and
across the following property described in Exhibit B and shown schematically in Exhibit B-1
3. That within said easement, the City shall have the right to install, operate and maintain,
repair and replace, and enlarge or decrease the size of the public sewer main along with
any appurtenances and incidental uses.
4. That said Offeror agrees that the easement for the public sewer main is and shall be
binding on their heirs, legatees, successors and assignees.
IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day and
year first above written.
1
Grace Bible Church, A California Non-Profit Corporation
By:
/0 -
C/4Pt~/Jc ~
-
ACKNOWLEDGMENT
State of California
}
ss
County of San Luis Obispo
On :>AN ) q I .2vo &; , la05, before me, '5 ,"3, VAl-II utD e-
personally appeared ~'uJ"'J<:b "":5, S1'e-PMiAAI and -
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I - , i
"@...8.J.VALVERDE
fl -"~'_ COM~~.~.15i~.?08, ~
~ "Ce. ,,' Notary r'UbIlC.C~\iTOri!la p~
~/ Ccunty of San LUIs OOliiPO ,....
~My Comm. Exp. May 24,200.
. Page 2
THAT PORTION OF LOT "B" OF TRACT NO. 1390, IN THE CITY OF ARROYO GRANDE, COUNTY
OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF,
RECORDED IN BOOK 14, PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT "B" OF TRACT NO. 1390, AS RECORDED IN
BOOK 14, PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN LUIS
OBISPO COUNTY, THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE
WESTERLY LINE OF SAID TRACT 1390, SOUTH 31'10'54" WEST, A DISTANCE OF 785.71 FEET
TO A POINT;
THENCE LEAVING SAID WESTERLY TRACT LINE SOUTH 42'14'55" EAST, A DISTANCE OF
362.14 FEET TO A POINT;
THENCE NORTH 45'47'31" EAST, A DISTANCE OF 197.62 FEET TO A POINT, SAID POINT
DESIGNATED AS POINT "A";
THENCE SOUTH 44'12'29" EAST, A DISTANCE OF 52.00 FEET TO THE A POINT, SAID POINT
DESIGNATED AS POINT "B";
THENCE NORTH 45'47'31" EAST, A DISTANCE OF 39.50 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 25.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25'54'05",
AN ARC LENGTH OF 11.30 FEET TO A POINT, SAID POINT DESIGNATED AS POINT "C";
THENCE SOUTH 54'41'04" EAST, A DISTANCE OF 417.52 FEET TO THE WEST CORNER OF LOT
214 OF SAID TRACT NO. 1390;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 114, NORTH 10'26' 13" EAST A DISTANCE
OF 87.44 FEET TO THE WEST CORNER OF SAID LOT 114; THENCE ALONG THE WESTERLY
LINE OF LOT 186 OF SAID TRACT, NORTH 35'50'03" EAST, A DISTANCE OF 175.07 FEET TO THE
INTERSECTION OF SAID WESTERLY LINE WITH THE SOUTHWESTERLY RIGHT-OF-WAY LINE
OF RODEO DRIVE (FORMERLY OAK COUNTRY ROAD) AS SHOWN ON THE MAP OF SAID
TRACT 1390; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY
LINE, NORTH 38'32'18" WEST, A DISTANCE OF 257.93 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE TO THE EAST AND HAVING A RADIUS OF 626.00 FEET; THENCE
CONTINUING NORTHERLY ALONG THE WESTERLY RIGHT OF WAY OF SAID RODEO DRIVE
(FORMERLY OAK COUNTRY ROAD) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
43'44'48", AN ARC LENGTH OF 477.97 FEET TO THE END OF SAID CURVE,
THENCE CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID RODEO DRIVE
(FORMERLY OAK COUNTRY ROAD) NORTH 5'12'30" EAST, A DISTANCE OF 114.95 FEET TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST AND HAVING A
RADIUS OF 24.00 FEET;
THENCE NORTHERLY AND WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
863905, AN ARC LENGTH OF 36.30 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF JAMES
WAY, AS SHOWN ON THE MAP OF SAID TRACT 1390, TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE TO THE NORTH AND HAVING A RADIUS OF 832.00 FEET;
THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID JAMES WAY,
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 7'28'04", AN ARC LENGTH OF 108.44
FEET TO A POINT;
THENCE CONTINUING WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY NORTH 73'58'31"
WEST, A DISTANCE OF 91.73 FEET TO THE TRUE POINT OF BEGINNING.
SAID LAND IS SHOWN ON RECORD OF SURVEY MAP RECORDED IN BOOK 59, PAGE 62 OF
LICENSED SURVEYS IN ACCORDANCE WITH LOT LINE ADJUSTMENT AGAL88-222.' -
RESERVING UNTO GRANTOR HEREIN an easement for right-of-way for the purposes of constructing
and using a roadway and incidental purposes including, but not limited to, water mains and sewer
3
mains, along with the right to dedicate said easement to the public at any future date, said easement
being more particularly described as follows:
Beginning at the aforementioned point designated point "A", the TRUE POINT OF BEGiNNING:
Thence Northeasterly along a curve, concave to the West, having a radius of 50.00 feet and a radial
bearing at said point "A" of North 44'12'29" West, through a central angle of 17'16'37" an arc length of
15.08 feet to a point of reversed curvature;
Thence Northerly and Easterly along a curve, concave to the Southwest, having a radius of 83.00 feet,
through a central angle of 86'21 '24" an arc length of 125.10 feet to a point of reversed curvature;
Thence Easterly along a curve, concave to the North, having a radius of 50.00 feet, through a central
angle of 17'16'37" an arc length of 15.08 feet to a point;
Thence South 82'24'19" East a distance of 195.58 feet to the beginning of a tangent curve, concave to
the North and having a radius of 124.00 feet;
Thence Easterly along said curve through a central angle of 46'07'59", an arc length of 99.84 feet to a
point;
Thence North 51 '27'42" East a distance of 6.34 feet to the beginning of a tangent curve, concave to the
Northwest and having a radius of 24.00 feet;
Thence Easterly and Northerly along said curve through a central angle of 00'00'00", an arc length of
37.70 feet to a point on the Westerly right-of-way line of Rodeo Drive (formerly Oak Country Road) as
shown on said map of Tract 1390;
Thence Southeasterly along said right-of-way line South 38'32'18" East a distance of 100.00 feet to the
beginning of a tangent curve, concave to the South and having a radius of 24.00 feet;
Thence leaving said right-of-way line Westerly and Southerly along said curve through a central angle of
90'00'00" an arc length of 37.70 feet to a point;
Thence South 51 '27' 42" West a distance of 6.34 feet to the beginning of a tangent curve, concave to
the North and having a radius of 176.00 feet;
Thence Westerly along said curve through a central 9ngle of 46'07'59", an arc length of 141.71 feet to a
point;
Thence North 82'24'19" West a distance of 235.08 feet to the beginning of a tangent curve, concave to
the South and having a radius of 25.00 feet;
Thence along said curve through a central angle of 51'48'10", an arc length of 22.60 feet to a point; the
previously described point "C" falling at the midpoint of said curve, at which point said curve becomes
coincident with a Southeasterly line of the previously described parcel of land;
Thence continuing along the Southeasterly line of the previously described parcel of land North
45'12'29" West a distance of 39.50 feet to the previously described point "B";
Thence North 4'12'29" West a distance of 52.00 feet returning to the previously described point "A" and
the TRUE POINT OF BEGINNING of said easement.
End of Description
4
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'j 4 M,8, 73
3?97 O,R, 690
r,
D
civil engineers. land surveyors. land planners
1998 santa barbara at . san luis obispo, ca 93401
ph: 8051549-8658 . email: eda@edainc.com
EXHIBIT A-1
job. no. 2,1734.100
ImmmDl
LEGAL DESCRIPTION
SEWER LINE EASEMENT
BEING A PORTION OF THAT CERTAIN LAND IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, AS DESCRIBED IN THE DOCUMENT RECORDED APRIL 13,1999, IN
BOOK 3297 OF OFFICIAL RECORDS AT PAGE 690 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, BEING A PORTION OF LOT B OF TRACT NO. 1390 ACCORDING TO THE MAP RECORDED
AUGUST 2, 1988, IN BOOK 14 OF MAPS AT PAGE 73, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT POINT "C" AS REFERENCED BY A 5/8" REBAR WITH CAP STAMPED "RCE 31581", AS
SHOWN ON THE MAP RECORDED APRIL 13,1989, IN BOOK 59 OF LICENSED SURVEYS AT PAGE 62 IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF
THE LAND DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 3297 OF OFFICIAL RECORDS AT PAGE
690, SOUTH 51"41'04" EAST, 202.36 FEET TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF
A NON-TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 23.00 FEET TO WHICH POINT
A RADIAL LINE BEARS NORTH 44"27'04" WEST; THENCE
1) LEAVING THE SOUTHERLY LINE OF SAID PROPERTY, EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 70"44'07", AN ARC DISTANCE OF 28.39 FEET; THENCE
2) NORTH 35"46'31" EAST, 24.31 FEET; THENCE
3) NORTH 54"13'29" WEST, 100.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO
THE NORTHEAST HAVING A RADIUS OF 48.00 FEET; THENCE
4) NORTHWESTERL YALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33"48'10", AN ARC
DISTANCE OF 28.32 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE
SOUTH HAVING A RADIUS OF 472.00 FEET TO WHICH POINT A RADIAL LINE BEARS
NORTH 00"54'29" WEST; THENCE
5) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6"06'05", AN ARC DISTANCE OF
50.26 FEET; THENCE
6) SOUTH 54"13'29" EAST, 78.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
SOUTHWEST HAVING A RADIUS OF 48.00 FEET; THENCE
7) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50"50'10", AN ARC
DISTANCE OF 42.59 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PROPERTY; THENCE
8) SOUTH 51"41'04" EAST, ALONG SAID SOUTHERLY LINE, 31.80 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 4,664 SQUARE FEET, MORE OR LESS
T E ABOVE DESCRIBED LAND IS GRAPHICALLY SHOWN ON EXHIBIT B-1 ATTACHED HERETO AND
MEA PAR HEREOF.
(/;
PAUL E. REICHARDT P.L.S.5693 (exp.9-30-2007)
October 18, 2006
K\217341 00\4-Survey\Maps\Documents & Legal Exhlbits\Sewer Offer of Dedication
-
--
POINT OF COMMENCEMENT
(POINT "C"); 5/8" REBAR & CAP
"RCE 31581" PER 59 L.S. 62
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14 M.B,
3297 O,R.
n
D
'J 390
73
590
EXHIBIT B-1
SEWER EASEMENT
civil engineers. land surveyors. land planners
1998 santa barbara st . san lullS obispo, ca 93401
ph: 805/549-8658 . emall: eda@edalnc.eom
job, no. 2.1734.100
RECORDING REQUESTED BY: and
WHEN RECORDED MAIL TO:
First American Title
899 Pacific Street
San Luis Obispo, CA 93401
ATTACHMENT 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER $
() Computed on the consideration or value of property conveyed; OR
() Computed on the consideration or value less liens or
encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax I Firm Name
APN: 007-011-048
EASEMENT GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grace Bible
Church, A California Non-Profit Corporation
Hereby GRANTS to Vista Roble, LLC, A California Limited Liability Company
An easement in the City of Arroyo Grande, County of San Luis Obispo, State of California, for access,
ingress and egress, sewer, water and utility purposes over that certain property as described in
Exhibit "A".
Grace Bible Church, a California Non-Profit Corporation
By:
, e..--
ACKNOWLEDGMENT
State of California
} SS
County of San Luis Obispo
On :S~N 11\ I ~(){)r, ,~, before me, ~.'5. V.4!.\I~t)e. ,personally appeared
~ ICt+4t'Z:i> J. ~Te.-PlJ.fJ It)..N personally known to me (ur proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) lWare subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in ~/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
-
which the person(s) acted, executed the instrument.
an;};;;;eal.
!
,.
""
.0
ABOVE RESERVED FOR OFFICIAL NOTARY SEAL
MAIL TAX STATEMENTS TO: Same address as shown above
December 2, 2005
K:\21734100\4-Survey\Maps\DoGuments & Legal Exhibits\Access Easement Grant Deed.doc
I ~__ ~
LEGAL DESCRIPTION
ACCESS EASEMENT
BEING A PORTION OF THAT CERTAIN LAND IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA, AS DESCRIBED IN THE DOCUMENT RECORDED APRIL 13,
1999, IN BOOK 3297 OF OFFICIAL RECORDS AT PAGE 690 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, BEING A PORTION OF LOT B OF TRACT NO. 1390 ACCORDING TO
THE MAP RECORDED AUGUST 2,1988, IN BOOK 14 OF MAPS AT PAGE 73, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT POINT "C" AS REFERENCED BY A 5/8" REBAR WITH CAP STAMPED "RCE
31581", AS SHOWN ON THE MAP RECORDED APRIL 13,1989, IN BOOK 59 OF LICENSED
SURVEYS AT PAGE 62 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID DOCUMENT RECORDED IN
BOOK 3297 OF OFFICIAL RECORDS AT PAGE 690, SOUTH 51'41'04" EAST, 170.56 FEET TO THE
TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO
THE SOUTHWEST HAVING A RADIUS OF 48.00 FEET TO WHICH POINT A RADIAL LINE BEARS
NORTH 86'36'40" EAST; THENCE
1)
LEAVING THE SOUTHERLY LINE OF SAID PROPERTY, NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 50'50'10", AN ARC DISTANCE OF 42.59 FEET; THENCE
NORTH 54'13'29" WEST, 12.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
TO THE NORTHEAST HAVING A RADIUS OF 72.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39'55'01 ", AN
ARC DISTANCE OF 50.16 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
TO THE SOUTH HAVING A RADIUS OF 472.00 FEET TO WHICH POINT A RADIAL LINE
BEARS NORTH 3'55'11" WEST; THENCE
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3'00'41", AN ARC
DISTANCE OF 24.81 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO
THE NORTHEAST HAVING A RADIUS OF 48.00 FEET TO WHICH POINT A RADIAL LINE
BEARS SOUTH 69'34'41" WEST; THENCE
2)
3)
4)
5)
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'48'10", AN
ARC DISTANCE OF 28.32 FEET; THENCE
6)
7)
SOUTH 54'13'29" EAST, 100.84 FEET; THENCE
SOUTH 35'46'31" WEST, 24.31 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE TO THE SOUTH HAVING A RADIUS OF 23.00 FEET TO WHICH POINT A RADIAL
LINE BEARS NORTH 26'17'03" EAST; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70"44'07", AN ARC
DISTANCE OF 28.39 TO THE SOUTHERLY LINE OF SAID PROPERTY; THENCE
ALONG SAID SOUTHERLY LINE NORTH 51'41'04" WEST, 31.80 FEET TO THE TRUE POINT
OF BEGINNING,
8)
9)
CONTAINING 4,256 SQUARE FEET, MORE OR LESS
THE ABOVE DESCRIBED LAND IS GRAPHICALLY SHOWN ON EXHIBIT B ATTACHED HERETO AND
MADE A PART HEREOF.
C\ ] \
ffJ/C1z~
PAUL E: REICHARDT Eti .S.5693 (EXP.9-30-2007)
October 18. 2006
K:\2173410014-SurveyIMapsIDocuments & Legal ExhibitslAccess Easement Grant Deed.doc
.
.
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SCALE: 1 "=30'
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civil engineers. land surveyors . land planners
1998 santa barbara st . san luls obispo, ca 93401
ph: 8051549-8658 . amall: eda@1:ldainc.cam
POINT OF COMMENCEMENT
(POINT "C"); 5/8" REBAR & CAP
"RCE 31581" PER 59 L.S. 62
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EXHIBIT B
P.U.E. & ACCESS
EASEMENT job. no. 2.1734.100
ATTACHMENT 6
RECORDING REQUESTED BY: and
WHEN RECORDED MAIL TO:
First American Title
899 Pacific Street
San Luis Obispo, CA 93401
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER $_
() Computed on the consideration or value of property conveyed; OR
() Computed on the consideration or value less liens or
encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax - Firm Name
APN: 007-011-048
EASEMENT GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grace Bible
Church, A California Non-Profit Corporation
Hereby GRANTS to Vista Roble, LLC, A California Limited Liability Company
An easement in the City of Arroyo Grande, County of San Luis Obispo, State of California, for
slope and incidental purposes over that certain property as described in Exhibit "A",
Grace Bible Church, A California Non-Profit Corporation
By: (jJ
~-
ACKNOWLEDGME
State of California
} SS
County of San Luis Obispo
On "JIHJ Fl, "ZOO'" ,2806, before me, i. J. VALIIUI>e. ,personally
appeared R I~ :r. 4>Te-p().n IaN personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person(s) whose narne(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand
1 - - . - - - I
@ 1"""----
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t-" - - ;-! ci~~~c; F~;-~;~,~1E;~-/;
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Name
ABOVE RE}ERVED FOR OFFICIAL NOr~RY SEAL
MAIL TAX STATEMENTS TO: Same address as shown above
December 2, 2005
K:\21734100\4-Survey\Maps\Documents & Legal Exhibits\Slope Easement Grant Deed.doc
~ITAl
LEGAL DESCRIPTION
SLOPE EASEMENT
PARCEL A
BEING A PORTION OF THAT CERTAIN LAND IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA, AS DESCRIBED IN THE DOCUMENT RECORDED APRIL 13,
1999, IN BOOK 3297 OF OFFICIAL RECORDS AT PAGE 690 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, BEING A PORTION OF LOT B OF TRACT NO. 1390 ACCORDING TO
THE MAP RECORDED AUGUST 2,1988, IN BOOK 14 OF MAPS AT PAGE 73, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
,
COMMENCING AT POINT "C" AS REFERENCED BY A 5/8" REBAR WITH CAP STAMPED "RCE 31581",
AS SHOWN ON THE MAP RECORDED APRIL 13, 1989, IN BOOK 59 OF LICENSED SURVEYS AT PAGE
62 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE
SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 3297 OF
OFFICIAL RECORDS AT PAGE 690, SOUTH 51"41'04" EAST, 156.96 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE
1) NORTH 37"15'21" WEST, 18.16 FEET; THENCE
2) NORTH 45"30'01" WEST, 39.88 FEET; THENCE
3) NORTH 22"04'27" WEST, 24.75 FEET; THENCE
4) NORTH 04010'31" WEST, 10.43 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE TO THE SOUTH HAVING A RADIUS OF 472.00 FEET TO WHICH POINT A RADIAL LINE
BEARS NORTH 04010'31" WEST; THENCE
5) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0015'20", AN ARC DISTANCE
OF 2.10 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST HAVING A
RADIUS OF 72.00 FEET TO WHICH POINT A RADIAL LINE BEARS SOUTH 75041'32" WEST;
THENCE
6) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39055'01", AN ARC
DISTANCE OF 50.16 FEET; THENCE
7) SOUTH 54013'29" E, 12.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
SOUTHWEST HAVING A RADIUS OF 48.00; THENCE
8) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50050'10", AN ARC
DISTANCE OF 42.59 FEET TO A POINT ON SAID SOUTHERLY LINE; THENCE
9) NORTH 51041'04" WEST ALONG SAID SOUTHERLY LINE, 13.60 FEET TO THE TRUE POINT OF
BEGINNING
CONTAINING 809 SQUARE FEET, MORE OR LESS
THE ABOVE DESCRIBED LAND IS GRAPHICALLY SHOWN ON EXHIBIT B ATTACHED HERETO AND
MADE A PART HEREOF.
2
PARCEL 8
BEING A PORTION OF THAT CERTAIN LAND IN THE CI1Y OF ARROYO GRANDE, COUN1Y OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, AS DESCRIBED IN THE DOCUMENT RECORDED APRIL 13,1999, IN
BOOK 3297 OF OFFICIAL RECORDS AT PAGE 690 IN THE OFFICE OF THE COUN1Y RECORDER OF SAID
COUN1Y, BEING A PORTION OF LOT B OF TRACT NO. 1390 ACCORDING TO THE MAP RECORDED
AUGUST 2, 1988, IN BOOK 14 OF MAPS AT PAGE 73, IN THE OFFICE OF THE COUN1Y RECORDER OF
SAID COUN1Y, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT POINT "C" AS REFERENCED BY A 5/8" REBAR WITH CAP STAMPED "RCE 31581", AS
SHOWN ON THE MAP RECORDED APRIL 13,1989, IN BOOK 59 OF LICENSED SURVEYS AT PAGE 62 IN
THE OFFICE OF THE COUN1Y RECORDER OF SAID COUN1Y; THENCE ALONG THE SOUTHERLY LINE OF
THE LAND DESCRIBED IN SAID DOCUMENT RECORDED IN BOOK 3297 OF OFFICIAL RECORDS AT PAGE
690, SOUTH 51 "41'04" EAST, 216.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE
1) NORTH 51"41'04" WEST, ALONG SAID SOUTHERLY LINE, 14.31 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 23.00 FEET TO WHICH
POINT A RADIAL LINE BEARS NORTH 44"27'04" WEST; THENCE
2) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70"44'07", AN ARC DISTANCE OF
28.39 FEET; THENCE
3) NORTH 35"46'31" E, 24.31 FEET; THENCE
4) NORTH 54"13'29" WEST, 100.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO
THE NORTHEAST HAVING A RADIUS OF 48.00 FEET; THENCE
5) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'48'10", AN ARC
DISTANCE OF 28.32 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE
SOUTH HAVING A RADIUS OF 472.00 FEET TO WHICH POINT A RADIAL LINE BEARS
NORTH 00'54'29" WEST; THENCE
6) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'28'21", AN ARC DISTANCE OF
3.89 FEET; THENCE
7) SOUTH 42"17'42" EAST, 22.34 FEET; THENCE
8) SOUTH 56'54'31" EAST, 113.45 FEET; THENCE
9) SOUTH 29'23'56" WEST, 35.59 FEET; THENCE
10) SOUTH 80'30'47" W, 27.42 FEET TO A POINT ON SAID SOUTHERLY LINE AND THE TRUE POINT OF
BEGINNING.
CONTAINING 1,787 SQUARE FEET, MORE OR LESS
ABOVE DESCRIBED LAND IS GRAPHICALLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE
T HER F.
. 5693 (exp. 9-30-2007)
Oclober 18, 2006 3
K:\2173410014-SurveyIMapsIDocuments & Legal Exhlbits\Slope Easement Grant Deed.doc
.-
POINT OF COMMENCEMENT
(POINT "C"); 5/8" REBAR & CAP
"RCE 31581" PER 59 L.S. 62
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EXHIBIT B
SLOPE EASEMENT
civil engineers. land sUlveyors . land planners
1998 santa barbara st . san luis obispo, ca 93401
ph: 8051549-8658 . emall: eda@edainc.com
job. no. 2.1734.100
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ATTACHMENT 7
RECORDING REQUESTED BY: and
WHEN RECORDED MAIL TO:
First American Title
899 Pacific Street
San Luis Obispo, CA 93401
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER $_
() Computed on the consideration or value of property conveyed: OR
() Computed on the consideration or value less liens or
encumbrances remC3:ining at time of sale. Signature of Declarant or Agent detennining tax - Finn Name
APN: 007-011-048
EASEMENT GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grace Bible
Church, A California Non-Profit Corporation
Hereby GRANTS to Vista Roble, LLC, A California Limited Liability Company
An easement in the City of Arroyo Grande, County of San Luis Obispo, State of California, for wall,
slope and incidental purposes over that certain property as described in Exhibit "A",
Grace Bible Church, A California Non-Profit Corporation
a7~
~
By:
ACKNOWLEDGMEN
State of California
} 5S
County of San Luis Obispo
On JAN Iq I ;z.OO~ , 2:655, be~ore me, i7.-;}, VAllle.,el>e... , personally
appeared ')2,"N-41Z.l> J. ~7eRa"'l a.# personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
Name
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@ S.J. V"lYt",c:
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.., .: "L.., ,..."." ".," w"
- ~. C,::~m-i ,:;1 S~i L'Jis OCISPO t-.J
, My Cornm. ~o. ~.j,2Y 24, 2009
ABOVE RESERVED FOR OFFICIAL NOTARY SEAL
MAIL TAX STATEMENTS TO: Same address as shown above
December 2,2005
K:\21734100\4-Survey\Maps\Documents & Legal Exhibits\Wall and Slope Easement.doc
[EXHIBIT A ,
--------
LEGAL DESCRIPTION
SLOPE AND WALL EASEMENT
BEING A PORTION OF THAT CERTAIN LAND IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA, AS DESCRIBED IN THE DOCUMENT RECORDED APRIL 13,
1999, IN BOOK 3297 OF OFFICIAL RECORDS AT PAGE 690 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, BEING A PORTION OF LOT B OF TRACT NO. 1390 ACCORDING TO
THE MAP RECORDED AUGUST 2,1988, IN BOOK 14 OF MAPS AT PAGE 73, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE
DOCUMENT IN BOOK 3297 OF OFFICIAL RECORDS AT PAGE 690 AT THE SOUTHWESTERLY
TERMINUS OF THE LINE DELINEATED AS"N 45047'31" E 197.62'" AS REFERENCED BY A 5/8" REBAR
WITH CAP STAMPED "RCE 31581", AS SHOWN ON THE MAP RECORDED APRIL 13, 1989, IN BOOK 59
OF LICENSED SURVEYS AT PAGE 62 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE NORTH 42014'55" WEST ALONG THE SOUTHERLY LINE OF THE LAND
DESCRIBED IN THE DOCUMENT IN BOOK 3297 OF OFFICIAL RECORDS AT PAGE 690,14.23 FEET TO
THE TRUE POINT OF BEGINNING; THENCE
1) NORTH 63036'55" EAST, 16.79 FEET; THENCE
2) NORTH 48015'34" EAST, 39.21 FEET; THENCE
3) NORTH 66036'03" EAST, 5.91 FEET; THENCE
4) NORTH 47011'50" EAST, 15.16 FEET; THENCE
5) NORTH 55028'03" EAST, 10.74 FEET; THENCE
6) NORTH 42059'00" EAST, 14.95 FEET; THENCE
7) NORTH 44056'41" EAST, 39.73 FEET; THENCE
8) NORTH 28038'27" EAST, 17.38 FEET; THENCE
9) NORTH 47001'52" EAST, 15.59 FEET; THENCE
10) NORTH 48052'18" EAST, 11.43 FEET; THENCE
11) NORTH 62012'49" EAST, 12.45 FEET; THENCE
12) SOUTH 86017'20" EAST, 23.53 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 139.00 FEET, A RADIAL LINE TO SAID
POINT BEARS NORTH 19012'24" WEST; THENCE
13) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5032'17" AN ARC
DISTANCE OF 13.44 FEET; THENCE
14) NORTH 76019'54" EAST, 26.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO
THE SOUTHEAST HAVING A RADIUS OF 523.00 FEET; THENCE
15) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2052'44" AN ARC DISTANCE
OF 26.28 FEET; THENCE
16) SOUTH 10'47'23" EAST, 1.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
TO THE SOUTHEAST HAVING A RADIUS OF 522.00 FEET, A RADIAL LINE TO SAID POINT
BEARS NORTH 10'47'23" WEST; THENCE
17) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2'52'44" AN ARC
DISTANCE OF 26.23 FEET; THENCE
18) SOUTH 76'19'54" WEST, 26.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO:
THE SOUTHEAST HAVING A RADIUS OF 138.00 FEET; THENCE
19) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'10'44" AN ARC
DISTANCE OF 29.33 FEET TO A POINT ON SAID SOUTHWESTERLY LINE; THENCE
20) NORTH 44'12'29" WEST, ALONG SAID SOUTHWESTERLY LINE, 7.37 FEET TO AN ANGLE POINT:
IN SAID SOUTHWESTERLY LINE; THENCE :
21) CONTINUING ALONG SAID SOUTHWESTERLY LINE, SOUTH 45'47'31" WEST, 131.66 FEET TO
THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 57.50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 26'20'10" WEST;
THENCE
22) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20'34'02" AN ARC
DISTANCE OF 20.64 FEET; THENCE
23) SOUTH 43'05'48" WEST, 45.65 FEET TO A POINT ON SAID SOUTHWESTERLY LINE; THENCE
24) NORTH 42'14'55" WEST, ALONG SAID SOUTHWESTERLY LINE, 13.67 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1,383 SF, MORE OR LESS
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RIGHTS OF WAY AND EASEMENTS, IF
ANY, OF RECORD.
ABOVE DESCRIBED LAND IS GRAPHICALLY SHOWN ON EXHIBIT B ATTACHED HERETO AND
A '7'0
PAUL E. REICHARDT P.L. .5693 (exp.9-30-2007)
October 18, 2006
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EXHIBIT B
WALL & SLOPE EASEMENT
civil engineers. land surveyors . land planners
1998 santa barbara st . san luis obispo, ca 93401
ph: 805/549-8658 . emall: eda@edainc.com
job. no. 2.1734.100
8.1.
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR ~
SUBJECT: BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATIONS
DATE: NOVEMBER 28, 2006
RECOMMENDATION:
It is recommended that the City Council adopt a resolution authorizing the City Manager to
file two Bicycle Transportation Account (BTA) Project Applications for bike lane restriping
of East Grand Avenue (between Elm and Halcyon) and James Way (between Oak Park
Boulevard and Tally Ho Road).
FUNDING:
If either or both applications for funding assistance from the BTA are approved by
Caltrans, the City must provide a minimum of ten percent (10%) of the total estimated
project cost from sources other than the BTA. Based on the preliminary total project cost
estimates for the half mile segment of East Grand Avenue ($27,736), and the mile and one
half restriping of James Way ($10,525), the City's 10% share of both projects would be
$3,826.
DISCUSSION:
In September 2006, the City was notified by Caltrans that the State is accepting
applications for BTA program assistance for fiscal year 2007-08, due by December 1,
2006. To be eligible for BTA funds, the local agency must have a Bicycle Transportation
Plan adopted no earlier than four years prior to the fiscal year in which BTA funds are
granted. Assuming that the City will adopt the Arroyo Grande Bike Plan later this evening,
we will become eligible for BTA funding, subject to SLOCOG and State review and
approval of the plan during the next few months.
The top two priorities for bikeway improvements within the City are East Grand Avenue
and James Way. Both streets need existing lane striping removed and new striping, lane
markings and signs installed to State and City standards. East Grand Avenue is already
properly striped between Oak Park Boulevard (City limits) and Elm Street, but bike lanes
do not exist on the half-mile segment between Elm Street and Halcyon Road. The 100-
foot wide right of way and 80-foot curb-to-curb pavement is adequate for on-street parking
on both sides and a bike lane in each direction, in addition to two travel lanes in each
direction and a two-way left tum median lane. James Way is being repaired during spring
CITY COUNCIL
BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATIONS
NOVEMBER 28, 2006
PAGE 2
2007 and would be slurry sealed during summer 2007, enabling economical restriping with
two-way left turn lanes, travel lanes, and bike lanes in each direction since parking is
unnecessary on most segments. Where parking is provided on one or both sides, the two-
way left tum can be eliminated. Detailed plans for restriping of both streets will be
prepared by the Public Works Department during the next few months for Traffic
Commission and City Council acceptance prior to implementation.
ALTERNATIVES:
1) Adopt the resolution authorizing the City Manager to file two BTA project
applications with Caltrans by December 1, 2006.
2) Do not adopt the resolution or apply for BT Funding during fiscal year 2007-08, and
amend the 2006 Bike Plan to identify other priority projects.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING TWO 2007-08 BICYCLE
TRANSPORTATION ACCOUNT PROJECT APPLICATIONS FOR
PROPOSED EAST GRAND AVENUE AND JAMES WAY BIKE
LANE RESTRIPING FUNDING ASSISTANCE
WHEREAS, the State of California Department of Transportation (CAL TRANS) on
August 29, 2006 invited applications for Bicycle Transportation Account (BTA) projects
for fiscal year 2007-08 due December 1, 2006, and
WHEREAS, the BTA provides State funds for local projects that improve safety and
convenience for bicycle commuters, provided that the agency has a Bicycle
Transportation Plan adopted by the City, and
WHEREAS, the City of Arroyo Grande will be eligible for BTA funds when the 2006
Bike Plan, being adopted on November 28, 2006, is reviewed and approved by
SLOCOG, the regional transportation planning agency, and the Caltrans Bicycle
Facilities Unit in early 2007, and
WHEREAS, the 2006 Bike Plan identifies East Grand Avenue between Elm and
Halcyon and James Way between Oak Park Boulevards and Tally Ho Road as priority 1
and priority 2 bike lane restriping and improvement projects needed within the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes
submittal of two BTA project applications, copies of which are on file in the Community
Development Department and Administrative Services Departments and incorporated
herein by this reference as though set forth in full.
BE IT FURTHER RESOLVED that the City will budget and provide at least ten percent
(10%) of total project costs from sources other than the BTA provided if one or both
priority projects are approved.
On motion by Council Member
the following roll call vote, to wit:
, seconded by Council Member
, and by
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 28th day of November 2006.
RESOLUTION NO.
PAGE 2
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
a.j.
MEMORANDUM
TO: CITY COUNCIL
FROM: 1/11'. KELLY HEFFERNON
1'1 ' ACTING COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONSIDERATION OF ORDINANCE APPROVING
DEVELOPMENT CODE AMENDMENT NO. 06-003 AND
ADOPTION OF RESOLUTION APPROVING VESTING
TENTATIVE TRACT MAP NO. 04-002 AND PLANNED UNIT
DEVELOPMENT NO. 04-002; APPLICANT - CREEKSIDE
ESTATES OF ARROYO GRANDE, LLC; LOCATION - 9 ACRES
LOCATED EAST OF NOGUERA PLACE AND NORTH OF EAST
CHERRY AVENUE EXTENSION (CHERRY CREEK PROJECT)
DATE: NOVEMBER 28, 2006
RECOMMENDATION:
1) Adopt Ordinance amending the Zoning Map to designate the subject property
as Single-Family Residential (SF); Development Code Amendment 06-003,
applied for by the City of Arroyo Grande for property located east of Noguera
Place and North of East Cherry Avenue Extension; and
2) Adopt a Resolution approving Vesting Tentative Tract Map No. 04-002 and
Planned Unit Development NO. 04-002.
FUNDING:
There would be additional City costs associated with landscape maintenance within the
creek setback area if the Council approves the Cherry Creek Project and accepts the
offer of dedication. There would also be City costs associated with maintenance of
drainage facilities. In addition, the City has proposed to pay $280,000 towards the
regional portion of the drainage improvements. This funding is available in the Newsom
Springs Capital Improvement Project (CIP) budget. However, the need for allocation of
some additional funding will be likely after costs are incurred for environmental review of
the regional Newsom Springs Drainage Project.
DISCUSSION
On November 14, 2006 the City Council took the following actions:
1. Adopted the revised and recirculated Mitigated Negative Declaration for the
Cherry Creek Project.
2. Introduced an Ordinance amending the Zoning Map to designate the subject
property as Single-Family Residential (SF).
CITY COUNCIL
NOVEMBER 28, 2006
CHERRY CREEK
PAGE 2
3. Took tentative action to approve Vesting Tentative Tract Map No. 04-002 and
Planned Unit Development No. 04-002 and direct staff to return with a
supporting Resolution as modified that the Design Guidelines go back to the
Architectural Review Committee (ARC) for final review; that improvement of
"dirt" Cherry is included in the proposal and that there be a 3-way stop sign at
Branch Mill and E. Cherry; that the tree spacing be a minimum of 40 feet; that
the wall located within the agricultural buffer adjacent to the residential
property shall not be located over the bioswale; that Mitigation Measure 2.2
include a 5-year monitoring plan of the buffer similar to Mitigation Measure
4.2; that the 24-gallon trees remain; and adding language that ensures the
affordable housing units are built in a timely manner.
These changes, as well as some of the changes previously requested by the applicant,
have been incorporated into the attached Resolution. In addition, David Wolff has
provided comments in response to City Council's discussion regarding the potential of
placing a pocket park within the riparian corridor (see Attachment 1) for Council
information.
Alternatives
The following alternatives are offered for Council's consideration:
1. Adopt the attached Ordinance rezoning the site and the attached Resolution
approving the project applications;
2. Adopt the attached Ordinance and modify the attached Resolution approving the
project applications; or
3. Provide other direction to staff.
Attachments
1. Correspondence from David Wolff dated November 16, 2006
S:\Community Developmen~PROJECTS\NP\Cherry Creek\ 11-28-06 CC rpt Cherry Creek.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING THE ZONING MAP TO
DESIGNATE THE SUBJECT PROPERTY AS SINGLE-
FAMILY RESIDENTIAL (SF); DEVELOPMENT CODE
AMENDMENT 06-003, APPLIED FOR BY THE CITY OF
ARROYO GRANDE FOR PROPERTY LOCATED EAST OF
NOGUERA PLACE AND NORTH OF EAST CHERRY
AVENUE EXTENSION
WHEREAS, the 2001 General Plan Update Urban Land Use Element Map designates
the subject 9-acre property as Single-Family Residential Medium-Density with a
Neighborhood Plan overlay (SF-MD-NP); and
WHEREAS, the City of Arroyo Grande Zoning Map designates the subject property as
Single-Family Residential Rural (RR); and
WHEREAS, the City of Arroyo Grande has initiated Development Code Amendment 06-
003 to amend the Zoning Map and designate the project site as Single-Family Residential
(SF); and
WHEREAS, adoption of the proposed zoning designation would establish land use,
development and design standards for the above described area; and
WHEREAS, the Planning Commission of the City of Arroyo. Grande has reviewed
Development Code Amendment 06-003 at a duly noticed public hearing on November 6,
2006 in accordance with the Development Code of the City of Arroyo Grande at which
time all interested persons were given the opportunity to be heard; and
WHEREAS, the City Council of the City of Arroyo Grande has considered Development
Code Amendment 06-003 at a duly noticed public hearing on November 14, 2006, in
accordance with the Development Code of the City of Arroyo Grande at which time all
interested persons were given the opportunity to be heard; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearings, staff reports, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
A. Based on the information contained in the staff report and accompanying
materials, the proposed Development Code Amendment amending the Zoning
Map is consistent with the goals, objectives, policies and programs of the
General Plan is necessary and desirable to implement the provisions of the
General Plan.
ORDINANCE NO.
PAGE 2
B. The proposed Development Code Amendment amending the Zoning Map will
not adversely affect the public health, safety, and welfare or result in an illogical
land use pattern.
C. The proposed Development Code Amendment amending the Zoning Map is
consistent with the purpose and intent of the Development Code. Medium
Density residential development within the project area would be required to
meet development and design standards under the SF zoning designation that
insure orderly development.
D. The potential environmental impacts of the proposed Development Code
Amendment amending the Zoning Map are insignificant or can be mitigated to a
less than significant level.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1- The above recitals and findings are true and correct.
SECTION 2. Development Code Section 16.24.020 (Zoning Map) is hereby amended as
shown in Exhibit A attached hereto and incorporated herein by reference.
SECTION 3. If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 4. Upon adoption of this Ordinance, the Director of Administrative Services
shall file a Notice of Exemption.
SECTION 5. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the Director of
Administrative ServiceslDeputy City Clerk. Within fifteen (15) days after adoption of the
Ordinance, the summary with the names of those City Council Members voting for and
against the Ordinance shall be published again, and the Director of Administrative
ServiceslDeputy City Clerk shall post a certified copy of the full text of such adopted
Ordinance.
SECTION 6: This Ordinance shall take effect thirty (30) days from the date of adoption.
ORDINANCE NO.
PAGE 3
On motion by Council Member
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this
, seconded by Council Member
day of
2006.
ORDINANCE NO.
PAGE 4
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
CITY CLERK
APPROVED AS TO CONTENT:
STEVEN D. ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
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ORDINANCE N
PAGE 5 O.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING VESTING TENTATIVE TRACT MAP 04-002 AND
PLANNED UNIT DEVELOPMENT 04-002, FOR PROPERTY LOCATED
BETWEEN EAST CHERRY AVENUE AND MYRTLE STREET, APPLIED
FOR BY CREEKSIDE ESTATES OF ARROYO GRANDE, LLC
WHEREAS, the City of Arroyo Grande Zoning Map indicates that the subject nine (9)
acre property is located in the Residential Rural (RR) zoning district; and
WHEREAS, the City introduced an Ordinance implementing Development Code
Amendment No. 06-003 on November 14,.2006 to change the zo'ning to Single Family
Residential (SF) consistent with the City's General Plan; and
WHEREAS, the City Council has considered Vesting Tentative Tract Map 04-002 and
Planned Unit Development 04-002 to subdivide a nine (9) acre site into thirty (30)
residential lots and four (4) open space lots;.and
WHEREAS, the City Council has held duly-noticed public hearings on these applications
in accordance with the Development Code of the City of Arroyo Grande; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearing, staff report, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
1. Based on the information contained in the staff report and accompanying
materials, the proposed Vesting' Tentative Tract Map and Planned Unit
Development ("the proposed project") is consistent with the goals, objectives,
policies, plans, programs, intent, and requirements of the General Plan.
2. The proposed project will not adversely affect the public health, safety, and welfare
or result in an illogical land use pattern because all street, drainage, water, sewer,
agricultural buffer, and conservation/open space considerations will be
coordinated.
3. The proposed project is consistent with the purpose and intent of the Development
Code because the Zoning Map will be brought into consistency with the General
Plan designation for the subject property.
4. The potential environmental impacts of the proposed project are insignificant or
can be mitigated to a less than significant level.
RESOLUTION NO.
PAGE 2
Tentative Tract Map Findings:
1. The proposed Tentative Tract Map is consistent with the goals, objectives, policies,
plans, programs, intent, and requirements of the Arroyo Grande General Plan and
the text and requirements of the Development Code because the tentative map
would allow the project area to be developed at a density and with uses that are
consistent with the City's General Plan Land Use Element and Single-Family (SF)
zoning designation.
2. The site, as shown on the tentative tract map, is physically suitable for the type of
development and density proposed' because all necessary easements, access,
parking, open space, and setbacks can be provided.
3. The design of the tentative tract map or the proposed improvements are not likely
to cause substantial damage to the natural environment, including fish, wildlife or
their habitat, with implementation of mitigation measures contained in the Mitigated
Negative Declaration.
4. The design of the subdivision or proposed improvements is not likely to cause
public health problems because adequate sewer, water, and drainage facilities are
provided. .
5. The design of the tentative tract map or the type of improvements will not conflict
with easements acquired by the public at large for access through, or use of,
property within the proposed tentative tract map or that alternate easements for
access or for use will be provided, and that these alternative easements will be
substantially equivalent to ones previously acquired by the public. The property
has access to public roads.
6. The discharge of waste from the proposed subdivision into an existing community
sewer system will not result in violation of existing requirements a prescribed in
Division 7 (commencing with Section 13000) of the California Water Code.
7. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative tract map to support project development. The tentative tract
map is located adjacent to all necessary public facilities and will not negatively
affect the adequacy of those facilities. .
Planned Unit Development Findings:
1. The proposed development is consistent with the goals, objectives, and programs
of the Arroyo Grande General Plan. The proposed development of thirty (30) units
is allowed in the SF-MD land use category.
2. The project site is adequate in size and shape to accommodate said use and all
yards, open spaces, setbacks, walls and fences, parking areas, landscaping,
agricultural buffer and other features required by the Development Code. The
RESOLUTION NO.
PAGE 3
proposed development provides an adequate amount of open space based on the
proposed density. The development has been designed so that each unit has an
average of approximately 4,000 square feet of private open space and over two (2)
acres will be dedicated as common open space.
3. The site for the proposed development has adequate access, meaning that the
site design and development plan conditions consider the limitations of existing
streets and highways.
4. Adequate public services exist, or will be provided in accordance with the
conditions of the development plan approval, to serve the proposed development;
and that the approval of the proposed development will not result in a reduction of
public services to properties in the vicinity so as to be a detriment to public health,
safety, and welfare. The proposed development is adjacent or in close proximity to
all necessary public services. The proposed development will not cause a
reduction in these services or other properties in the vicinity so as to be a detriment
to public health, safety or welfare.
5. The proposed development, as conditioned, will not have a substantial adverse
effect on surrounding property, or the permitted use thereof, alld will be compatible
with the existing single-family residential use in the surrounding area. The
proposed one hundred and thirty foot (130') wide agricultural buffer with sixty- to
eighty-foot (60'-80') wide landscape strip, fencing along the agricultural property,
and eight-foot (8') tall masonry wall adjacent to the new residential development
will adequately separate conflicting Agricultural and residential uses.
6. The improvements required, and the manner of development, adequately address
all natural and man-made hazards associated with the proposed development of
the project site, including, but not limited to, flood, seismic, fire and slope hazards.
7. The proposed development carries out the intent of the Planned Unit
Development provisions by providing a 'more efficient use of the land and an
excellence of design greater than that which could be achieved through the
application of conventional development standards. The proposed development
provides a more efficient use of the land than could be achieved through the
strict application of the SF zoning district by allowing the property to be
subdivided in a manner consistent with and reflective of allowed density, while
providing an adequate amount of open space and all necessary parking.
8. The proposed development complies with all applicable performance standards
listed in Development Code Section 16.32.050.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Vesting Tentative Map 04-002 and Planned Unit Development
04-002, with the above findings and subject to the conditions as set forth in Exhibit "A",
attached hereto and incorporated herein by this reference.
RESOLUTION NO.
PAGE 4
BE IT FURTHER RESOLVED that this Resolution shall take effect upon the effective
date of Ordinance No. _, revising the City of Arroyo Grande Zoning Map to change
the zoning of the subject property from Residential Rural (RR) to Single Family
Residential (SF).
On motion by Commissioner
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this
, seconded by Commissioner
day of
2006.
RESOLUTION NO.
PAGE 5
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
CITY CLERK
APPROVED AS TO CONTENT:
STEVEN D. ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
PAGE 6
EXHIBIT A
CONDITIONS OF APPROVAL for:
VESTING TENTATIVE TRACT MAP 04-002 and
PLANNED UNIT DEVELOPMENT 04-002
For property located between East Cherry Avenue and Myrtle Street
Creekside Estates of Arroyo Grande, LLC
COMMUNITY DF;VF'I OPMENT DEPARTMENT
GFNERAL CONDITIONS
This approval authorizes a thirty (30) lot residential subdivision in a Planned Unit
Development configuration with four (4) open space parcels on the nine (9) acre
Subarea 1 property.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Vesting Tentative
Tract Map 04-002 and Planned Unit Development 04-002.
3. The tentative map and PUD approval shall automatically expire two years after the
certification of the EIR for the Newsom Springs Drainage Project unless the final
map is recorded or an extension is granted pursuant to Section 16.12.140 of the
Development Code.
4. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of November 14, 2006 and marked Exhibits "B1 -
B10" except as modified by these conditions of approval.
5. The applicant shall, as a condition of approval of this tentative map application,
defend, indemnify and hold harmless the City of Arroyo Grande, its present or
former agents, officers and employees from any claim, action, or proceeding
against the City, its past or present agents, officers, or employees to attack, set
aside, void, or annul City's approval of this subdivision, which action is brought
within the time period provided for by law. This condition is subject to the
provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
SPFCIAI CONDITIONS
6. The project shall comply with the provisions of the Agricultural Preservation
Overlay District (AG-2.2). No new residential structures shall be allowed within the
Agricultural Buffer area unless approved through the Conditional Use Permit
process.
RESOLUTION NO.
PAGE 7
7. Prior to issuing a grading or building permit, the Environmental Impact Report
(EIR) for the Newsom Springs Comprehensive Drainage Master Plan must be
certified and the final project Drainage Plan shall require approval by the Director
of Public Works to ensure consistency with the findings of the EIR.
8. The wall located within the agricultural buffer adjacent to the residential property
shall not be located over the bioswale.
9. Consistent with the City's Housing Element policies, the project shall restrict ten
percent (10%) of the new units, or 2.7 units, to qualified families earning a
moderate-income (based on the City's affordable housing standards). The
developer shall pay an affordable housing in-lieu fee for any fraction of a unit.
Prior to issuance of a grading or building permit the applicant shall enter into
im agreement, in a form approved by the City Attorney, whereby the applicant
agrees on behalf of itself and its successors in interest to maintain the affordability
of the units for thirty (30) years or longer, as well as other terms and conditions
determined to be necessary'to implement this condition (see also MM 9.1).
10. Prior to issuing a certificate of occupancy for the thirteenth (13th) home
constructed, building permits must be issued for the two (2) affordable housing
units and construction started.
11. Design of all units shall be consistent with the Cherry Creek Design Guidelines.
12. The meandering pedestrian path through the Agricultural buffer shall be made of
concrete and not decomposed granite.
13. Landscaped parkways shall be included adjacent to sidewalks fronting lots 2-14
and 18-29.
14. The CC&Rs shall require uniformity in all backyard fencing and shall restrict any
construction or obstructions in the City's drainage easement throughout the swale.
15. The internal road name shall be changed from "Surefire Drive" to "Stilwell Drive".
16. The Design Guidelines shall go back to the Architectural Review Committee for
final review prior to issuance of a grading or building permit.
17. The extension of East Cherry Avenue shall include the alignment incorporating
"Dirt Cherry" as indicated on the tentative map.
18. The following list of permits are required from various responsible agencies:
a. Biological Opinion and Take Permit; US Fish and Wildlife Service; prior to
issuance of Grading Permit
RESOLUTION NO.
PAGE 8
b. Storm Water Pollution Prevention Plan (SWPPP); Regional Water Quality
Control Board; prior to issuance of Grading Permit
c. Section 404 permit (potential'- refer to Due Diligence Report of the East
Village Neighborhood Plan Appendix); Army Corps of Engineers; prior to
issuance of Grading Permit
d. Streambed Alteration Agreement (potential - refer to Due Diligence Report
of the East Village Neighborhood Plan Appendix); California Department of
Fish and Game; prior to issuance of Grading Permit.
NOISE
19. Similar to MM 8.1, construction activities shall be restricted to the hours of 8:00
AM to 5:00 PM Monday through Friday. There shall be no construction activities
on Sundays. Interior finish work is allowed on Saturdays that does not include
hammering, the use of power tools or any other noise generating activities. On-
site equipment maintenance and servicing shall be confined to the same hours.
OFVFI OPMFNT com:
20. Development shall conform to the Single-Family Residential (SF) zoning
requirements except as otherwise approved.
21. Minimum separation between buildings on adjacent lots shall not be less than ten
feet, except for attached units.
22. The fencelwall combination along the East Cherry Avenue frontage adjacent to the
residential subdivision shall not exceed eight feet (8') in height. All other fences
and/or walls within the subdivision shall not exceed six feet (6') in height unless
otherwise approved with a Minor Exception or Variance application.
23. The developer shall comply with Development Code Chapter 16.20, "Land
Divisions" .
24. The developer shall comply with Development Code Chapter 16.64, "Dedications,
Fees and Reservations."
25. The following shall be included in the CC&Rs regarding open space:
a. The dedicated open space parcels shall not be further subdivided in the
future;
b. The use of the open space shall continue in perpetuity for the purpose
specified;
c. Appropriate provisions shall be made for the mllintenance of the open
space; and
d. Common undeveloped open space shall not be turned into a
commercial enterprise admitting the general public at a fee.
RESOLUTION NO.
PAGE 9
26. A property owners' association and covenants shall be established to ensure that
common areas are owned and maintained by Planned Unit Development
property owners.
a. The homeowners association must be established before the homes
are sold;
b. Membership must be mandatory for each homebuyer and any
successive buyer;
c. The open space restrictions must be permanent, not just for a period
of years;
d. The association must be responsible for liability insurance, local taxes,
and the maintenance of recreational and other facilities;
e. Homeowners must pay their pro rata share of the cost, and the
assessment levied by the association can become a lien on the
property if allowed in the master deed establishing the homeowners
association; and '
f. The association must be able to adjust the assessment to meet
changed needs.
PRIOR TO ISSUANCE OF GRADING PERMIT
27. All walls, including screening and retaining walls, shall be compatible with the
approved architecture and Developm'ent Code Standards, and shall be no more
than 3 feet in height in the front setback area, subject to the review and approval of
the Community Development Director.
PRIOR TO RECORDING THE FINAL MAP
28. The applicant shall submit final Covenants, Conditions and Restrictions (CC&Rs)
that are administered by a subdivision, homeowners' association and formed by the
applicant for common areas within the subdivision. The CC&Rs shall preclude
private property owners from utilizing the 25' creek setback area for private use.
The CC&Rs shall be reviewed and approved by the City Attorney and recorded
with the final map.
29. A landscaping and irrigation plan shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development and
Parks and Recreation Departments. The landscaping plan shall include the
following for all public street frontages and common landscaped areas:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
c. The required landscaping and improvements. This includes:
(1) Deep root planters shall be included in areas where trees are within
five feet (5') of asphalt or concrete surfaces and curbs;
RESOLUTION NO.
PAGE 10
(2) Water conservation practices including the use of low flow heads,
drip irrigation, mulch, gravel, drought tolerant plants and mulches
shall be incorporated into the landscaping plan; and
(3) All slopes 2:1 or greater shall have jute mesh, nylon mesh or
equivalent material.
(4) An automated irrigation system.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
30. All fencing shall be installed.
31. The applicant shall submit final Covenants, Conditions and Restrictions (CC&Rs)
that are administered by a subdivision homeowners' association and formed by the
applicant for common areas within Subarea 1. The CC&Rs shall be reviewed and
approved by the City Attorney and recorded with the final map.
ARCHITECTURAL RFVIFW COMMITTEF (ARC)
32. The ARC shall review the architectural plans for each unit to determine compliance
with the Design Guidelines approved for the project.
33. The ARC shall review the final landscape plan.
PARKS AND RFCRFATION DEPARTMENT CONnlTIONS
34. The applicant shall comply with the provisions of Ordinance 521 C.S., the
Community Tree Ordinance.
35. Linear root barriers shall be used at the front of the project to protect sidewalks.
36. All street front trees shall be 24-inch box and shall be located a minimum of one
(1) tree for every forty feet (40') of street frontage.
37. The CC&Rs shall address trash service in areas with receptacles, period cleaning
and maintenance of any grills, tables, benches, etc. All trees and other
landscaping along East Cherry Avenue within the project area shall be maintained
by the HOA on both sides of the street.
RIIII DING ANn FIRF nEPARTMFNT CONDITIONS
use/liFe
38. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
RESOLUTION NO.
PAGE 11
39. The project shall comply with State and Federal disabled access requirements at
public areas.
SFTRACKS
40. The applicant shall show all setback areas for each lot on the tentative tract map
prior to map recordatibn. Also, the applicant shall show all setback areas for
each lot on an additional page for the final tract map prior to map recordation.
41. There shall be a minimum three-foot (3') setback for the garage on the Peters
Trust property.
FIRF I ANFS
42. Prior to issuance of a certificate of occupancy, all fire lanes must be posted
and enforced, per Police Department and Fire Department guidelines.
43. On-street parking shall be required to leave a twenty-foot (20') clearance.
FIRF FLOW/FIRF HvnRANTS
44. Project shall have a minimum fire flow of 1,000 gallons per minute for a duration
of 2 hours. .
45. Fire hydrants shall be relocated per City standards.
46. Prior to bringing combustibles on site, fire hydrants shall be installed 300 feet
apart, per Fire Department and Public Works Department standards. Locations
shall be approved by the Fire Chief.
FIRF SPRINKI FR
47. With the exception of the historical Vandeveer home, prior to occupancy, all
existing and new buildings must be fully sprinklered per Building and Fire
Department guidelines.
ARANnONMFNT/NON-CONFORMING
48. Prior to issuance of a grading permit or building permit, whichever occurs first,
the applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, undergroynd piping and other undesirable conditions.
OTHFR APPROVAl S
49. Prior to issuance of a building p~rmit, County Health Department approval is
required for well abandonment if applicable.
RESOLUTION NO.
PAGE 12
50. Project must comply with Federal and local flood management policies.
51. Prior to issuance of building permit, a demolition permit must be applied for,
approved and issued for buildings to be removed. Development fees resulting
from demolition will be appropriately credited to the property.
52. Any review costs generated by outside consultants shall be paid by the applicant.
PUBLIC WORKS DEPARTMENT CONDITIONS
All Public Works Department conditions of approval as listed below are to be complied
with prior to recording the map or finalizing the permit, unless specifically noted otherwise.
FFFS
53. The applicant shall pay all applicable City fees at the time they are due. (For
your information, the "Procedure for Protesting Fees, Dedications, Reservations
or Exactions" is provided below).
54. Fees to be paid prior to plan approval:
a. Map check fee.
b. Plan check for grading plans based on an approved earthwork estimate.
c. Plan check for improvement plans based on an approved construction
cost estimate.
d. Permit Fee for grading plans based on an approved earthwork estimate.
e. Inspection fee of subdivision or public works construction plans based on
an approved construction cost estimate.
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A) Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
RESOLUTION NO.
PAGE 13
(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.
(0) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E) The imposition of fees, dedications, reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a specific
development.
GFNFRAI CONDITIONS
55. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations
or as directed by the Director of Community Development or the Director of
Public Works.
56. Perform construction activities during normal business hours (Monday through
Friday, 8 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 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.
57. Install deep tree root barriers for all trees planted adjacent to water, sewer and
storm drainage lines.
RESOLUTION NO.
PAGE 14
IMPROVEMENT PLANS
58. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
59. Submit four (4) full-size paper copies and one (1) full-size mylar copy of
approved improvement plans for inspection purposes during construction.
60. Submit as-built plans at the completion of the project or improvements as
directed by the Director of Public Works. One (1) set of mylar prints and an
electronic version on CD in AutoCAD format shall be required.
61. The following Improvement plans shall be prepared by a registered Civil
Engineer and approved by the Public Works Department:
a. Grading, drainage and erosion control.
b. Street paving, curb, gutter and sidewalk.
c. Public utilities.
d. Water and sewer.
e. Landscaping and irrigation.
f. Any other improvements as required by the Director of Public Works.
g. Profile water, sewer, storm drain and retaining walls.
62. The site plan shall include the following:
a. The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
b. The location, quantity and size of all existing and proposed sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the
property.
e. The location and dimension of all existing and proposed paved areas.
f. The location of all existing and proposed public or private utilities.
63. Improvement plans shall include plan and profile of existing and proposed
streets, utilities and retaining walls.
64. Landscape and irrigation plans are required for landscaping within the public
right of way, and shall be approved by the Community Development and Parks
and Recreation Departments. The Director of Public Works shall approve any
landscaping or irrigation within a public right of way or otherwise to be
maintained by the City.
RESOLUTION NO.
PAGE 15
WATER
65. Whenever possible, all water mains shall be looped to prevent dead ends. The
Director of Public Works must grant permission to dead end water mains.
66. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
67. Each parcel shall have separate water meters. Duplex service lines shall be
used if feasible.
68. Lots using fire sprinklers shall have individual service connections. If the units
are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the
water meters.
69. Existing water services to be abandoned shall be properly abandoned and
capped at the main per the requirements of the Director of Public Works.
70. The applicant shall complete measures to neutralize. the estimated increase in
water demand created by the project by either:
a. Implement an individual water program consisting of retrofitting existing off-
site high-flow plumbing fixtures with low flow devices. The calculations shall
be submitted to the Director of Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council for
approval prior to implementation; OR,
b. The applicant may pay an in lieu fee of $2,200 for each new residential unit.
71. The applicant shall replace the existing 6" water main with an 8" water main from
the project site underneath Myrtle to the 10" main underneath Garden Street.
The applicant may enter into a reimbursement agreement for this work with
Subarea 2 residents.
72. The applicant shall install an 8" water main and blow off from Myrtle Street to the
eastern property line. The location and surface material shall be reviewed and
approved by the Director of Public Works.
SFWFR
73. Each parcel shall be provided a separate sewer lateral.
74. All new sewer mains must be a minimum diameter of 8".
75. All sewer laterals within the public right of way must have a min. slope of 2%.
RESOLUTION NO.
PAGE 16
76. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
77. Existing sewer laterals to be abandoned shall be properly abandoned and
capped at the main per the requirements of the Director of Public Works.
78. The applicant shall connect all existing residences within the project to the
sanitary sewer system when tested and approved.
79. The applicant shall sewer the project in the following manner:
a. Extend a parallel sewer main underneath East Cherry Avenue from the
intersection of Pacific Coast Railway and East Cherry Avenue.
b. Extend the main across the property frontage.
c. The main shall tie into the South San Luis Obispo County Sanitation
District Trunk Main at the intersection of East Cherry Avenue and Pacific
Coast Railway. This main is approximately 12' deep at this location.
d. Size the main to handle all possible future development in the area.
e. The main shall remain sufficiently deep to ensure adeq-uate slope and
depth for future extension.
f. The applicant may enter into a reimbursement agreement for this work
with Subarea 2 residents.
80. Install all necessary sewer mains on site.
81. Project shall be subject to the review of the South San Luis Obispo County
Sanitation District.
82. The applicant shall pave over all sewer main easements passing through private
property.
83. All sewer mains shall be straight between manholes.
PUBLIC UTILITIES
84. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
85. Underground all existing overhead public utilities on-site and in the street to the
next existing pole outside of the tract boundaries.
86. Underground improvements shall be installed prior to street paving.
RESOLUTION NO.
PAGE 17
87. Submit all improvement plans to the public utility companies for approval and
comment. Utility comments shall be forwarded to the Director of Public Works
for approval.
88. Submit the Final Map to the public utility compahies for review and comment.
Utility comments shall be forwarded to the Director of Public Works for approval.
89. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
STRFFTS
90. Consistent with MM 12.2, the developer shall design and install a controlled 3-
way stop at the intersection of East Cherry Avenue and Branch Mill Road as
approved by the Director of Public Works.
91. Obtain approval from the Director of Public Works prior to excavating in any
street recently over-laid or slurry sealed. The Director of Public Works shall
approve the method of repair of any such trenches, but shall not be limited to an
overlay, slurry seal, or fog seal.
92. All trenching in City streets shall utilize saw cutting. Any over cuts shall be
cleaned and filled with epoxy.
93. All street repairs shall be constructed to City standards.
94. Street structural sections shall be determined by an R-Value soil test, but shall
not be less than 3" of asphalt and 6" of Class II AB.
95. Overlay, slurry seal, or fog seal any roads dedicated to the City prior to
acceptance by the City may be required as directed by the Director of Public
Works.
96. Handicapped ramps shall be installed where the sidewalk terminates on the
northeast corner of the project.
97. The extension of Myrtle Street past the internal road shall adhere to the following
design standards:
. 24 feet street width from curb to curb.
. 6 feet wide concrete sidewalk with concrete curb and gutter on the south
side of the street and concrete curb and gutter on the north side of the
street.
. 32 feet wide right-of-way.
. 25 mile per hour design speed.
. Traffic Index of 6.5.
98. Interior streets shall adhere to the following design standards:
RESOLUTION NO.
PAGE 18
o 36 feet street width from curb to curb.
o 6 feet wide concrete sidewalks with concrete curb and gutter on both
sides of the street.
o 52 feet wide right-of-way.
o 25 mile per hour design speed.
o Traffic Index of 6.5.
99. The extension of East Cherry Avenue shall be designated as a local street and
shall adhere to the following design standards:
o 32 feet street width from curb to curb.
o Concrete curb and gutter on both sides of the street.
o 52 feet wide right-of-way.
o 25 mile per hour design speed.
o Red curb the southern curb adjacent to the Dixson Ranch.
o Traffic Index of 7.0.
100. The secondary access road to subarea 2 shall be paved and 20 feet wide.
CLJRR GLJTTFR ANO SIOFWAI K
101. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
102. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to
prevent damage due to root growth.
103. The applicant shall install a meandering sidewalk along the north side of the
proposed East Cherry Extension.
104. The applicant shall install sidewalk on both sides of the Myrtle Street Extension
west of Stilwell Drive and then on the south side until the turn in front of the
Vanderveer home.
105. The applicant shall install a survey benchmark along East Cherry.
106. The applicant shall install all driveway approaches as such to maximize parking.
GRAOING
107. Perform all grading in conformance with the City Grading Ordinance.
108. 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.
109. Submit all retaining wall calculations for review and approval by the Director of
RESOLUTION NO.
PAGE 19
Public Works for walls not constructed per City standards.
110. Prior to issuance of a grading permit, the applicant shall destroy all wells, septic
tanks, cesspools, etc. to County Health Department standards. The applicant
shall be responsible for providing all appropriate documentation from the County
Health Department to the Public \Norks Department prior to acceptance of the
improvements.
DRAINAGE
111. The proposed drainage facilities shall be designed to be compatible with the
Newsom Springs Regional Drainage project. System flowline elevations shall
allow for the extension of storm drains upstream with a capacity to convey the
100-year runoff and adequate cover.
112. The drainage system design shall include the connection of future Newsom
Springs storm drains. The design of the future connections shall direct the 100-
year flow into the system and provide a minimum of one foot of freeboard below
road overflow elevations without the use of a berm or wall to hold back flood
flows.
113. The main flow channel shall be designed to have a minimum of twelve inches
(12") of freeboard above the 100-year water surface elevation. The channel
shall be provided with a permanent erosion geotextile control rated to meet the
anticipated velocities.
114. . The applicant shall install box culverts across East Cherry Avenue and Myrtle
Street, and an open channel connecting to Arroyo Grande Creek, as shown on
the tentative map and as required by these conditions, sized to collect and
convey the 1 OO-year peak flow.
115. The applicant shall extend a 72" storm drain line along Branch Mill Road to the
existing stone culvert at Huebner Lane and construct other regional drainage
infrastructure. The applicant shall enter into a reimbursement agreement with
the City for this work. The City shall reimburse the applicant $280,000 for this
work.
116. All drainage facilities shall be designed to accommodate a 1 OO-year storm flow.
117. All drainage facilities shall be in accordance with the Drainage Master Plan.
118. The project is in Drainage Zone "B" and will require storm water runoff to be
directed to the creek.
119. The applicant shall perform a detailed drainage analysis prepared by a
registered Civil Engineer in the State of California.
RESOLUTION NO.
PAGE 20
120. The applicant shall coordinate with all appropriate regulatory agencies .for the
outlet of the storm drain line to the creek.
121. The applicant shall remove, not abandon, the two 24" pipes underneath Myrtle.
122. The applicant shall install in-line filtration to remove hydrocarbons, sedimentation
and pollutants from on-site stormwater that does not flow through the bioswale,
prior to discharging to the creek.
123. The grading and drainage plans shall be reviewed by the Coastal San Luis
Obispo Resource Conversation District. The applicant shall reimburse the City
for this review.
DEDICATIONS AND FASFMFNTS
124. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8 1/2 x 11
City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City
processing.
125. Abandonment of public streets and public easements shall be listed on the final
map in accordance with Section 66499.20 of the Subdivision Map Act.
126. Street tree planting and maintenance easements shall be dedicated adjacent to
all street right of ways. Street tree easements shall be a minimum of 10 feet
beyond the right of way.
127. The applicant shall dedicate the appropriate right of way for the following streets
as shown on the tentative map:
. The extension of Myrtle Street.
. The extension of East Cherry.
. The construction of Stillwell Drive.
128. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide
adjacent to all street right of ways. The PUE shall be wider where necessary for
the installation or maintenance of the public utility vaults, pads, or similar
facilities.
129. Easements shall be dedicated to the public on the map, or other separate
document approved by the City, for the following: .
. Drainage easements where shown on the tentative map. The
easements shall be a minimum of 15 feet wide.
. Sewer easements where shown on the tentative map. The easements
shall be a minimum of 15 feet wide.
RESOLUTION NO.
PAGE 21
. Water easements where shown on the tentative map. The easements
shall be a minimum of 15 feet wide.
. A 25' wide creek easement from the top of the bank.
PFRMITEi
130. Obtain an encroachment permit prior to performing any of the following:
a. Performing work in the City right of way.
b. Staging work in the City right of way.
c. Stockpiling material in the City right of way.
d. Storing equipment in the City right of way.
131. Obtain a grading permit prior to commencement of any grading operations on
site.
AGRFFMFNTEi
132. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
improvements.
133. Subdivision Improvement Agreement: The subdivider shall enter into a
subdivision agreement for the completion and guarantee of improvements
required. The subdivision agreement shall be on a form acceptable to the City.
134. Covenants, Conditions, and Restrictions for maintenance of all privately
maintained items. These shall be subject to the review and approval of the
Director of Public Works and the City Attorney.
135. An Open Space Agreement for review and approval by the Director of Public
Works and City Attorney.
IMPROVEMFNT SFCLJRITIFEi
136. All bonds or security shall be in a form acceptable to the City, and shall be
provided prior to recording of the map, unless noted otherwise. The
Improvement securities shall be such that they shall not expire until the City
accepts the improvements.
137. Submit an engineer's estimate of quantities for public improvements for review
by the Director of Public Works.
138. Provide bonds or other financial security for the following, to be based upon a
construction cost estimate approved by the Director of Public Works:
a. Faithful Performance: 100% of the approved estimated cost of all
RESOLUTION. NO.
PAGE 22
subdivision improvements.
b. labor and Materials: 50% of the approved estimated cost of all subdivision
improvements. .
c. One Year Guarantee: 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance of the
subdivision improvements.
d. Monumentation: 100% of the estimated cost of setting survey monuments.
This bond may be waived if the developer's surveyor submits to the Director
of Public Works a letter assuring that all monumentation has been set.
OTHFR DOCUMFNTATION
139. Tax Certificate: The applicant shall furnish a certificate from the tax collector's
office indicating that there are no unpaid taxes or special assessments against
the property. The applicant may be required to bond for any unpaid taxes or
liens against the property. .
140. Preliminary Title Report: A current preliminary title report shall be submitted to
the Director of Public Works prior to checking the map.
141. Subdivision Guarantee: A current subdivision guarantee shall be submitted to
the Director of Public Works prior to recording the Map.
PRIOR TO ISSUING A RUII DING PFRMIT
142. The Final Map shall be recorded with all pertinent conditions of approval
satisfied.
PRIOR TO ISSUING A CFRTIFICATF OF OCCUPANCY
143. All utilities shall be operational.
144. All essential project improvements shall be constructed prior to occupancy. Non-
essential improvements, guaranteed by an agreement and financial securities,
may be constructed after occupancy as directed by the Director of Public Works.
145. The City shall have accepted all public improvements prior to issuing occupancy
for the final 10% of the lots.
RESOLUTION NO.
PAGE 23
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall
be monitored by the appropriate City department or responsible agency. The applicant
shall be responsible for verification in writing by the monitoring department or
agency that the mitigation measures have been implemented.
MM 1.1: The applicant shall submit a lighting plan for development of Phase
1 verifying that all exterior lighting for the development is directed downward and
does not create spill or glare on to adjacent properties and riparian habitat.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - COD; Police Dept.
Prior to issuance of Building Permit
MM 1.2: The applicant shall submit final design, exterior colors and
materials for the homes in Phase 1 for ARC review and approval.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - COD
Prior to issuance of Building Permit
MM 2.1: The City has adopted a Right-To-Farm Ordinance with provisions for
farmland preservation and protection, and serves to notify residents of farmers'
rights and clarify agricultural activities. As an added measure, all new property
owners within the Neighborhood Plan area must sign a Real Estate Transfer
Disclosure indicating that they acknowledge and agree to the provisions contained
in the. City's Right-To-Farm Ordinance. The disclosure shall have a bolded
statement cautioning the purchaser that they are living close to farmland.
Responsible Party:
Monitoring Agency:
Timing:
Developer; Real Estate Agent
City of Arroyo Grande - COD
Prior to close of escrow
MM 2.2: The final landscape plan for the agricultural buffer shall be
prepared by a landscape professional having experience with designing
agricultural buffers. The plant selection shall provide effective and appropriate
screening with fast growing evergreen trees and shrubs. The vegetative
screening shall be installed prior to issuance of building permit to allow time for
the plants to become established. The CC&Rs shall contain assurances that the
screening is sufficiently maintained. At a minimum, the CC&Rs shall include
provisions for a five-year monitoring plan for the agricultural buffer landscaping.
RESOLUTION NO.
PAGE 24
Responsible Party:
Monitoring Agency:
Developer
City of Arroyo Grande - CDD, PR&F (Parks,
Recreation and Facilities Dept.)
Prior to issuance of building permit.
Timing:
MM 2.3: To mitigate for the loss of approximately one (1) acre of prime soil
on the Subarea 1 property, the developer shall pay an in-lieu fee in the amount
of $56,000.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - CDD
Prior to issuance of building permit.
Construction Phase Emissions
The project shall comply with all applicable Air Pollution Control District (APCD)
regulations pertaining to the control of fugitive dust (PMlO) as contained in section
6.5 of the Air Quality Handbook. All site grading and demolition plans shall list the
following regulations:
MM 3.1: All dust control measures listed below (MM 3.2 - 3.6) shall be
followed during construction of the project and shall be shown on grading and
building plans. The contractor or builder shall designate a person or persons to
monitor the dust control program and to order increased watering, as necessary, to
prevent transport of dust off site. The name and telephone number of such
person(s) shall be provided to the APCD prior to land use clearance for map
recordation and finished grading of the area.
MM 3.2: During construction, water trucks or sprinkler systems shall be used
to keep all areas of vehicle movement damp enough to prevent airborne dust from
leaving the site. At a minimum, this would include wetting down such areas in the
later morning and after work is completed for the day and whenever wind exceeds
15 miles per hour. Reclaimed (non-potable) water shall be used.
MM 3.3: Soil stockpiled for more than two days shall be covered, kept moist,
or treated with soil binders to prevent dust generation.
MM 3.4: All vehicles hauling dirt; sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum vertical
distance between top of load and top of trailer) in accordance with eve Section
23114.
MM 3.5: Install wheel washers where vehicles enter and exit unpaved roads
on to streets, or wash off trucks and equipment leaving the site. Vehicle speed for
all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site.
RESOLUTION NO.
PAGE 25
MM 3.6: Sweep streets at the end of each day if visible soil material is carried
on to adjacent paved roads. Water sweepers with reclaimed water should be used
where feasible.
MM 3.7: To mitigate the diesel PM generated during the construction phase,
all construction equipment shall be properly maintained and tuned according to
manufacturer's specifications. The measures below (MM 3.8 - 3.10) shall be
clearly identified in the project bid specifications so the contractors bidding on the
project can include the purchase and installation costs in their bids.
MM 3.8: All off-road and portable diesel powered equipment, including but not
limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets,
compressors, auxiliary power units, shall be fueled exclusively with California Air
Resources Board (ARB) motor vehicle diesel fuel.
MM 3.9: To ,the maximum extent feasible, the use of diesel construction
equipment shall meet the ARB's 1996 certification standard for off-road heavy-duty
diesel engines.
MM 3.10: If utility pipelines are scheduled for removal or relocation, or
building(s) are removed or renovated, this project may be subject to various
regulatory jurisdictions, including the requirements stipulated in the National
Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos
NESHAP). These requirements include, but are not limited to: 1) notification
requirements to the APCD, 2) asbestos survey conducted by a Certified Asbestos
Inspector, and 3) applicable removal and disposal requirements of identified
asbestos containing material.
MM 3.11: Prior to any grading activities at the site, the project proponent 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 filed with the APCD. If NOA is found at the
site, the applicant must comply with all requirements outlined in the Asbestos Air
Toxins Control Measure (ATCM) regulated under by the California Air Resources
Board (ARB).
Responsible Party:
Monitoring Agency:
Developer
City of Arroyo Grande - Public Works Dept.,
Building and Fire Department
Prior to issuance of Grading Permit and during
construction
Timing:
Operational Phase Fmissions
MM 3.12: Provide continuous sidewalks separated from the roadway by
landscaping with adequate lighting and crosswalks at intersections.
RESOLUTION NO.
PAGE 26
MM 3.13: Provide shade tree planting along southern exposures of buildings to
reduce summer cooling needs.
MM 3.14:
Provide sodium streetlights.
MM 3.15:
Orient homes to maximize natural heating and cooling.
MM 3.16: Provide outdoor electrical outlets on homes to encourage the use of
electric appliances and tools. .
Responsible Party:
Monitoring Agency:
Developer
City of Arroyo Grande - COD, Public Works
Dept., and Building & Fire Dept.
Prior to issuance of Building Permit
Timeframe:
MM 4.1: The Final Tract Map shall show an irrevocable offer to dedicate to the
City the creek channel, the twenty-five foot (25') creek setback area measured from
top of bank, and any environmentally sensitive areas, as determined by a qualified
biologist, along the Phase I property boundary. An open space easement shall
also be recorded stipulating that no development shall occur within 25' creek
setback area.
Responsible Party:
Monitoring Agency:
Developer
City of Arroyo Grande - COD, Public Works
Dept.
Prior to Grading Permit
Timeframe:
MM 4.2: A Riparian Habitat Restoration and Native Tree Replacement
Mitigation and Monitoring Plan (Restoration Plan) shall be prepared by a qualified
landscape architect and/or restoration biologist experienced in native habitat
restoration for the dedicated open space 25-foot creek setback area measured
from top of bank and any environmentally sensitive areas, as determined by a
qualified biologist. The Restoration Plan shall include at a minimum a detailed
planting plan for the 25-foot setback area and for all disturbed areas from
culvert/outfall construction and Myrtle Street extension. The Restoration Plan shall
also include at a minimum the number and location of other native trees impacted
and location of replacement plantings, specific plant species palette, a non-native
species removal plan, success criteria, a five-year monitoring program, and
contingency measures to ensure meeting the success criteria. The Restoration
Plan shall also include an erosion control plan and Best Management Practices
(BMPs) for all disturbed areas within the 25-foot creek setback and exposed banks.
The erosion control seed mix for the riparian setback area shall be composed
exclusively of native species.
RESOLUTION NO.
PAGE 27
Responsible Party:
Monitoring Agency:
Timeframe:
Developer shall submit the plan to the City
City of Arroyo Grande - COD and PR&F;
CDFG
Restoration Plan shall be submitted and
approved prior to issuance of Grading Permit;
duration of monitoring shall be no less than five
(5) years.
MM 4.3: Landscaping within the bioswale shall be limited to native plant species.
The CC&Rs shall include a provision for continued maintenance of the bioswale
with regard to vegetation, sedimentation, reseeding and water quality monitoring.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer shall submit the landscape plan to
the City. The CC&Rs shall include a
maintenance provision.
City of Arroyo Grande - COD and PR&F
Final landscape plan shall be approved prior to
issuance of Grading Permit. CC&Rs shall be
approved prior to issuance of Building Permit.
MM 4.4: Any native trees intentionally or unintentionally killed or removed that are
greater than or equal to two (2) inches diameter at breast height (DBH) and less
than twelve (12) inches DBH shall be replaced at a 3:1 ratio. Trees removed that
are greater than or equal to twelve (12) inches DBH shall be replaced at a 5:1 ratio.
Replacement trees shall be limited to in-kind replacement of appropriate native tree
species as approved by a qualified landscape architect and/or restoration biologist,
and the City Parks, Facilities and Recreation Department's arborist. All trees to be
removed shall be clearly marked on construction plans and marked in the field with
flagging or paint. All trees to be retained shall be clearly identified on construction
plans and marked in the field for preservation with highly visible construction
fencing at a minimum around the drip line.
Native riparian trees impacted shall be replaced within the 25-foot riparian setback
area. Native trees impacted outside the riparian zone shall be replaced within the
riparian setback area or incorporated into the development landscaping plan.
Responsible Party:
Monitoring Agency:
Timeframe:
City of Arroyo Grande - COD, PR&F
City of Arroyo Grande - COD, PR&F
During construction
MM 4.5: A qualified biologist shall perform one pre-construction survey for
southwestern pond turtles immediately prior to initiation of site grading and
culver/outfall structure construction. If southwestern pond turtles are observed
within an area to be disturbed they shall be relocated out of harms way to an
appropriate area immediately upstream or downstream of the project area within
Arroyo Grande Creek.
RESOLUTION NO.
PAGE 28
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - COD
Prior to issuance of Grading Permit
MM 4.6: All tree removal shall be limited to the time period of September 1st to
March 1st, which is considered to be outside the typical breeding season for birds. If
it is not feasible to avoid the bird-nesting season and trees will be removed
between March 1st and September 1st, a pre-construction survey for nesting birds
shall be performed by a qualified biologist. If active birds nests are located during
pre-construction surveys within the project area subject to tree removal or ground
disturbance, the nest site shall be avoided until the adults and young are no longer
reliant on the nest site for survival as determined by a qualified biologist. If
determined necessary by a qualified biologist, a non-disturbance buffer zone shall
be established around each nest for the duration of the breeding season until such
time as the adults and young are no longer reliant on the nest site for survival as
determined by the qualified biologist.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - COD
Prior to issuance of Grading Permit
MM 4.7: The applicant shall provide proof of Clean Water Act regulatory
compliance in the form of a permit from the Corps or written documentation from
the Corps that no permit would be required for diversion of the Newsom Springs
drainage at the stone culvert and placement of the culverts and outfall structure on
the bank of Arroyo Grande Creek. Should a permit be required, the applicant shall
implement all the terms and conditions of the permit to the satisfaction of the City
and the Corps. Corps permits and authorizations require applicants to demonstrate
that the proposed project has been designed and will be implemented in a manner
that avoids and minimizes impacts on aquatic resources. In addition, the Corps
requires compensatory mitigation for unavoidable impacts to achieve the goal of a
no net loss of wetland values and functions. As such, regulatory compliance would
reduce potential impacts on waters of the U.S. to a less-than-significant level.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - COD; Corps
Prior to issuance of Grading Permit
MM 4.8: The applicant shall provide proof of compliance with Section 1600 et.seq.
of the California Fish and Game Code (Streambed Alteration Agreements) in the
form of a completed Streambed Alteration Agreement or written documentation
from the CDFG that no agreement would be required for diversion of the Newsom
Springs drainage at. the stone culvert and placement of the culverts and outfall
structure on the bank of Arroyo Grande Creek. Should an agreement be required,
the applicant shall implement all the terms and conditions of the agreement to the
RESOLUTION NO.
PAGE 29
satisfaction of the City and the CDFG. The CDFG Streambed Alteration Agreement
process encourages applicants to demonstrate that the proposed project has been
designed and will be implemented in a manner that avoids and minimizes impacts
on riparian habitat and the stream zone. In addition, CDFG requires compensatory
mitigation for unavoidable impacts on riparian habitat in the form of habitat
restoration of disturbed areas to the extent feasible. As such, regulatory compliance
would reduce potential impacts on waters of the state to a less-than-significant
level.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD; CDFG
Prior to issuance of Grading Permit
MM 4.9: The applicant shall provide proof of compliance with the federal
Endangered Species Act for potential impacts on the CRLF in the form of a take
permit/authorization or written documentation from the U.S. Fish and Wildlife
Service (USFWS) that the proposed project would not result in take of the CRLF or
would otherwise not adversely affect the species. Should a take
permit/authorization be required, or conditions imposed by the USFWS to ensure
that no take would result from the project, the applicant shall implement all the
terms and conditions of the USFWS permit, authorization, or recommendations to
the satisfaction of the City and the USFWS. The USFWS can only provide take
authorization for projects that demonstrate the species affected would be left in as
good as or better condition than before the project was implemented. Additionally,
the USFWS cannot authorize any project that would jeopardize the continued
existence of a listed species. As such, regulatory compliance would reduce
potential impacts on the CRLF to a less-than-significant level.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD; USFWS
Prior to issuance of Grading Permit
MM 4.10: The applicant shall provide proof of compliance with the federal
Endangered Species Act for potential impacts on the steel head in the form of a
take permit/authorization or written documentation from the National Marine
Fisheries Service (NMFS) that the proposed project would not result in take of the
steelhead or would otherwise not adversely affect the species. Should a take
permit/authorization be required, or conditions imposed by NMFS to ensure that no
take would result from the project, the applicant shall implement all the terms and
conditions of the NMFS permit, authorization, or recommendations to the
satisfaction of the City and NMFS. The NMFS can only provide take authorization
for projects that demonstrate the species affected would be left in as good as or
better condition than before the project was implemented. Additionally, the NMFS
cannot authorize any project that would jeopardize the continued existence of a
listed species. As such, regulatory compliance would reduce potential impacts on
the steelhead to a less-than-significant level.
RESOLUTION NO.
PAGE 30
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD; NOAA Fisheries
Prior to issuance of Grading Permit
MM 5.1: A qualified archaeologist shall be retained to monitor all grading activities.
The monitor shall work closely with construction crews in close proximity to earth
moving equipment in order to investigate and evaluate exposed materials
immediately upon exposure and prior to disturbance. A daily log shall be
maintained by the monitor to record when and where earth-moving activities take
place within the project area, as well as the presence/absence of archaeological
materials in the monitored matrix.
In the event that prehistoric cultural materials, or historic cultural materials are
encountered, work in the immediate vicinity of the finds shall be suspended and the
archaeologist shall be allowed to quickly record, collect, and analyze any significant
resources encountered. The client and the City shall be notified should resources
meeting CEQA significance standards are discovered. The archaeologist shall
work as quickly as possible to permit resumption of construction activities. It is
preferred that location data of finds be recorded using a hand-held global
positioning system (GPS) receiver.
In the event that human remains (burials) are found, the County Coroner (781-4513)
shall be contacted immediately. If the coroner determines that the remains are not
subject to his or her authority and if the coroner recognizes the remains to be those
of a Native American, or has reason to believe that they are those of a Native
American, he or she will contact by telephone within 24 hours the Native American
Heritage Commission.
Following the field analysis work, the qualified archaeologist shall prepare final
monitoring/mitigation report that includes a description of the methods used,
materials recovered, and the results of historic or prehistoric analysis of those
materials. The final archaeological monitoring/mitigation report prepared by the
qualified archaeologist shall be accepted by the Community Development Director
prior to submittal to the repository and issuance of any final occupancy for the
project. A high-quality, laser or equivalent copy, shall be provided to the
Community Development Director for retention in the project file.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, Public Works
During grading and construction activities; prior
to issuance of a Certificate of Occupancy
MM 5.2: The owner of the property containing the Vandeveer house shall register
the residence in the California Register of Historic Places through the State Office
of Historic Preservation (OHP).
RESOLUTION NO.
PAGE 31
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, Building & Fire
Dept.
Prior to issuance of a Certificate of Occupancy
MM 5.3: Any alteration to the Vandeveer house shall comply with the Secretary's
Rehabilitation Standards and Guidelines (36 CFR part 68).
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Building & Fire Dept.
Prior to issuance of Building Permit for
alterations to the residence
MM 6.1: A project-specific soils report shall be prepared by a registered
geotechnical or soils engineer as required by the City's Grading Ordinance, and the
recommendations of that report shall be incorporated in the design and
construction of the proposed project. Final improvement plans submitted to the
City shall be accompanied by a letter of certification from the civil engineer that the
plans are in conformance with the soils report, and the certification shall confirm
that the plans include the following:
. The project shall be designed to withstand ground shaking
associated with a large magnitude earthquake on nearby active
faults.
. All proposed structures shall be designed to conform to the most
recent Uniform Building Code (UBC) Zone 4 guidelines.
. The project shall comply with the requirements of the City's
Grading Ordinance.
. Site-specific specifications regarding clearing, site grading and
preparation, footings, foundations, slabs-on-grade, site drainage,
and pavements or turf block shall be delineated.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to issuance of Grading Permit
MM 6.2: The soils report shall include the following considerations, at a minimum,
to ensure thaLthe impacts related to soil instability and landslides are reduced toa
less-than-significant level:
. Utilities should be designed with as much flexibility as practical to
tolerate potential differential movement without becoming
disconnected or broken.
. Subgrade or base material shall be replaced or covered with'
suitable base material.
RESOLUTION NO.
PAGE 32
. Retaining wall design shall be prepared by a qualified structural
engineer based on the recommendations of a qualified civil
engineer and shall comply with the requirements of the City's
Grading Ordinance.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to issuance of Grading Permit
MM.6.3: Prior to issuance of a Grading Permit for the project, the applicant shall
prepare and submit a grading and erosion control plan in compliance with the City's
Grading Ordinance for review and approval by the Public Works Department, a
qualified biologist and hydrologist. The plan shall be prepared by a civil engineer to
address both temporary and long-term sedimentation and erosion impacts. The
erosion control plan shall be subject to review, approval and monitoring during
construction by an on-site biologist, soils or geotechnical engineer and City staff
and shall include the following, at a minimum:
. Install and maintain silt basins and fences or straw bales along
drainage paths during construction to contain on-site soils until
bare slopes are vegetated. Carefully stockpile graded soils away
from drainages;
. Restrict grading and earthwork during the rainy season (October 15
through April 15) and stabilize all exposed soils and graded areas
prior to onset of the rainy season through mulching and reseeding.
Permit grading within this period only with installation of adequate
sediment and erosion control measures;
. Delineate and describe the practices to retain sediment on the site,
including sediment basins and traps, and a schedule for their
maintenance and upkeep;
. Delineate and describe the vegetative practices to be used,
including types of seeds and fertilizer and their application rates,
the type, location and extent of pre-existing and undisturbed
vegetation types, and a schedule for maintenance and upkeep;
. Comply with all applicable City of Arroyo Grande ordinances
including landscaping compatibility for erosion control;
. Only clear land that will be actively under construction within 6 to
12 months;
. Stabilize disturbed areas except where active construction is taking
place. Examples of stabilization techniques include jute netting,
hydro-seeding (using native plant composition in consultation with a
qualified biologist or re-vegetation specialist), etc. and provide
permanent stabilization during finish grade and landscape the site;
. Dispose of all construction waste in designated areas, and keep
storm water from flowing on or off these areas; and
RESOLUTION NO.
PAGE 33
. Place perimeter controls where runoff enters or leaves the site prior
to clearing, grubbing, and rough grading. Perimeter controls may
include dikes, swales, temporary storm drains, sand bags or hay
bales.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, Public Works
Dept.; Consulting biologist and hydrogeologist
Prior to issuance of Grading Permit
MM 6.4: All project stormwater not passed through the bioswale shall be passed
through in line storm water filters prior to discharging to the creek.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, Public Works
Dept.
Prior to issuance of Building Permit
MM 6.5: The San Luis Obispo County Public Works Department shall review the
project improvement plans to determine potential impacts to the County's gauging
station for Arroyo Grande Creek. The project shall comply with all County
ordinances and mitigation set forth by this agency.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer; City of Arroyo Grande - Public
Works Dept.
City of Arroyo Grande - Public Works Dept.
Prior to approval of improvement plans
MM 8.1: Construction activitie!; shall be restricted to the hours of 8:00AM to 5:00
PM Monday through Friday. There shall be no construction activities on Sundays.
Interior finish work is allowed on Saturdays that does not include hammering, the
use of power tools or any other noise generating activities. On-site equipment
maintenance and servicing shall be confined to the same hours.
MM 8.2: All construction equipment utilizing internal combustion engines shall be
required to have mufflers that are in good condition. Stationary noise sources shall
be located at least 300 feet from occupied dwelling units unless noise reducing
engine housing enclosures or noise screens are provided by the contractor.
MM 8.3: Equipment mobilization areas, water tanks, and equipment storage areas
shall be placed in a central location as far from existing residences as feasible.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, Public Works
Dept.
During construction.
RESOLUTION NO.
PAGE 34
MM 9.1: Ten percent (10%) of the new units constructed shall be sold to qualified
families earning a moderate-income (based on the County's Affordable Housing
Standards). The developer shall pay an affordable housing in-lieu fee for any
fraction of a unit. An affordable housing agreement between the City and
developer shall be recorded that stipulates the details of the terms and conditions
for producing and selling affordable ownership housing within the project. Said
agreement shall be reviewed and approved by the Community Development
Director and City Attorney, and shall be recorded prior to recordation of the final
tract map.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, City Attorney
Prior to recordation of the Final Tract Map
MM 10.1: The applicant shall pay the mandated Lucia Mar Unified School District
impact fee. .. .
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Building & Fire Dept.;
Lucia Mar Unified School District
Prior to issuance of Building Permit
MM 11.1: The developer shall pay all applicable City park development and impact
fees.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Building & Fire Dept.;
PR&F
Prior to issuance of Building Permit
MM 12.1: The developer shall pay the City's Traffic Signalization and
Transportation Facilities Impact fees.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Building & Fire Dept.;
. Public Works Dept.
Prior to issuance of Building Permit
MM 12.2: The developer shall design and install a controlled 3-way stop at the
intersection of East Cherry Avenue and Branch Mill Road as approved by the
Director of Public Works.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to recordation of the Final Tract Map
RESOLUTION NO.
PAGE 35
MM 13.1: . Existing and new residences located in Phase I shall hook up to the
City's sanitary sewer system and shall be provided with individual sewer laterals.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande -Public Works Dept.
Prior to issuance of Building Permit
MM 13.2: The developer shall pay the City's sewer hookup and SSLOCSD impact
fees.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Building & Fire Dept.;
Public Works Dept.
Prior to issuance of Building Permit
MM 13.3: The Final Tract Map shall show private sewer easements in the fire road
to benefit the existing residences along Lierly Lane for future sewer connection.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to recordation of the Final Tract Map
MM 14.1: The applicant shall submit a Notice of Intent to the Regional Water
Quality Control Board (RWQCB) to obtain a State Water Resources Control Board
General Construction Storm Water Permit. This shall include preparation and
submittal to the RWQCB of a City-approved Storm Water Pollution Prevention Plan
(SWPPP) and Erosion Control Plan that specifies the implementation of Best
Management Practices to avoid and minimize water quality impacts as required by
the Regional Water Quality Control Board (RWQCB). At a minimum, the SWPP
and Erosion Control Plan shall include:
. Designation of equipment and supply staging and storage areas at
least 200 feet from the outside edge of the Arroyo Grande Creek
25-foot setback area. All vehicle parking, routine equipment
maintenance, fueling, minor repair, etc., and soil and material
stockpile, shall be done only in the designated staging area.
. Major vehicle/equipment maintenance, repair, and equipment
washing shall be performed off site.
. A wet and dry spill clean up plan that specifies reporting
requirements and immediate clean up to ensure no residual soil,
surface water or groundwater contamination would remain after
clean up.
. Erosion control and bank stabilization measures for installation of
the stormwater outfall culverts on the banks of the creek.
RESOLUTION NO.
PAGE 36
. Designating concrete mixer washout areas at least 200 feet from
outside edge of Arroyo Grande Creek 25-foot setback with the use
of appropriate containment or reuse practices.
. A temporary and excess fill stockpile and disposal. plan that
ensures that no detrimental affects to receiving waters would result.
. Required site preparation and erosion control BMPs for any work
that may need to be completed after October 15.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to issuance of Grading Permit
MM 14.2: The project shall comply with the City's required water conservation
measures including any applicable measures identified in any applicable City Water
Conservation Plans.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to issuance of Building Permit
MM 14.3: The project shall install best available technology for low-flow toilets,
showerheads and hot water recirculation systems.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande -Building Dept.
Prior to issuance of a Certificate of Occupancy
MM 14.4: The final landscape plan shall show low-water use/drought resistant species
and drip irrigation systems rather than spray irrigation systems.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - PR&F Dept.
Prior to issuance of Building Permit
MM 14.5: The project plans shall include methods for collecting surface run-off from
the site for use on landscaped areas to reduce water use and minimize run-off to the
extent feasible.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande -Public Works Dept.
Prior to issuance of Building Permit
MM 14.6: The applicant shall complete measures to neutralize the estimated increase
in water demand created by the project by either:
RESOLUTION NO.
PAGE 37
. Implement an individual water program consisting of retrofitting existing off-
site high-flow plumbing fixtures with low flow devices. The calculations shall
be submitted to the Director of Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council for
approval prior to implementation; OR,
. The applicant may pay an in lieu fee of $2,200 per new residential unit.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande -Public Works Dept.
Prior to issuance of Building Permit
8.k.
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR
BY: Kff.KELL Y HEFFERNON, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF RESOLUTION UPHOLDING AN APPEAL OF
THE PLANNING COMMISSION'S APPROVAL OF PLOT PLAN REVIEW
NO. 06-015 TO CONVERT TWELVE (12) OF THE SIXTY (60)
PREVIOUSLY APPROVED CONDOMINIUM UNITS FROM TWO (2)
BEDROOMS TO THREE (3) BEDROOMS; APPLICANT - OCEAN
OAKS BUILDERS; LOCATION - 579 CAMINO MERCADO
NOVEMBER 28, 2006
DATE:
RECOMMENDATION:
Adopt the Resolution.
FUNDING:
There are no financial impacts to the City with approval of this project.
PROJECT LOCATION:
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CITY COUNCIL
PPR 06-005
NOVEMBER 28, 2006
PAGE 2
DISCUSSION:
Backqround
The City Council approved Conditional Use Permit 01-010 on January 22, 2002 to
construct a 60-unit senior apartment complex and 3,000 square foot senior recreation
center. On May 28, 2002 the City Council approved an amendment to the project to
convert the mix of one and two-bedroom units to all two-bedroom units. On August 26,
2003 the City Council authorized a second amendment to reduce the on-site parking by
two (2) spaces, allow construction easements on City open space property, remove
eighteen (18) Coast Live Oak trees, and construct a pedestrian path on City property.
On July 13, 2004 the City Council approved Tentative Tract Map No. 04-001 to
subdivide the property into sixty (60) senior condominium units and a 3,000 square foot
senior recreational center. Twenty five percent (25%) of the units, or fifteen (15) units,
were restricted to the lower and moderate income levels as follows:
. Six (6) low-income affordable units; and
. Nine (9) moderate-income affordable housing units.
Subsequently, the applicant filed and application to modify the project to convert up to
twelve (12) of the two-bedroom units to three-bedroom units. On September 5, 2006
the Planning Commission pulled Plot Plan Review Case No. 06-015 from the
Administrative Item agenda based on concerns of affordability of the proposed three (3)
bedroom units as compared to the two (2) bedroom units and scheduled the item for a
future public hearing.
The Planning Commission held a public hearing on this item on October 3, 2006 and
recommended approval, with the provision that 25% of the twelve (12) units (or 3 units)
be reserved for affordable housing. At the October 10, 2006 meeting, Council Member
Arnold requested, and the City Council agreed, to appeal the decision. These units
would be part of the fifteen (15) required affordable units.
On November 14, 2006 the City Council tentatively upheld the appeal to deny the
modified project and directed staff to return with a supporting Resolution.
Alternatives
Adopt the Resolution.
Modify as appropriate and adopt the Resolution.
Provide other direction to staff.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S
APPROVAL OF PLOT PLAN REVIEW CASE NO. 06-015 TO CONVERT
TWELVE (12) OF THE SIXTY (60) PREVIOUSLY APPROVED
CONDOMINUM UNITS FROM TWO (2) BEDROOMS TO THREE (3)
BEDROOMS; APPLICANT - OCEAN OAKS BUILDERS; LOCATION - 579
CAMINO MERCADO
WHEREAS, on October 3, 2006 the Planning Commission held a duly noticed public
hearing on Plot Plan Review Case No. 06-015 and approved the project with a condition
that three (3) of the units be reserved for affordable housing; and
WHEREAS, on October 10, 2006 the City Council appealed the Planning Commission's
decision; and
WHEREAS, on November 14, 2006 the City Council held a duly noticed public hearing
on Plot Plan Review Case No. 06-015 and tentatively upheld the appeal to deny the
project; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
1. The proposed amended project is inconsistent with the goals, objectives, policies,
plans, programs, intent, and requirements of the General Plan Housing Element
because three-bedroom units reduce the affordability of this senior housing
project.
2. The proposed amended project will adversely affect the public health, safety, and
welfare and would result in an illogical pattern of development because the
additional twelve bedrooms substantially intensify onsite uses with no concomitant
increase in site amenities and a decrease in bathrooms. Additionally, the
proposed size of the rooms in the three (3) bedroom units are unreasonably
small. Lastly, impacts from the additional project residents, including traffic,
water, sewer, emergency medical and fire response have not been analyzed.
3. The proposed amended project is inconsistent with the purpose and intent of the
Development Code (including PD1.1), because the additional twelve (12)
bedrooms change the fundamental character of the project by intensifying use of
the site beyond that contemplated by the original approval, as amended, affecting
the welfare, comfort and convenience of project residents..
RESOLUTION NO.
PAGE 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby denies Plot Plan Review Case No. 06-015 based on the above findings.
On motion by Council Member
and by the following roll call vote to wit:
, seconded by Council Member
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 28th day of November 2006.
RESOLUTION NO.
PAGE 3
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
CITY CLERK
APPROVED AS TO CONTENT:
STEVEN D. ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
S:ICommunity DevelopmentIPROJECTSIPPR\06-015 Ocean OakslCC Reso of Denial.doc
8.1.
MEMORANDUM
TO:
CITY COUNCIL
DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF INCREASING THE TOTAL CONTRACT COST FOR THE
2006 ANNUAL STREET MAINTENANCE PROJECT, PW 2006-07
FROM:
DATE:
NOVEMBER 28, 2006
RECOMMENDATION:
It is recommended the City Council:
A. increase the total contract cost for the 2006 Annual Street Maintenance Project, PW
2006-07, to Granite Construction from $249,252 to $343,575 ($249,252 + $94,324);
B. approve the expenditure of $37,000 from Proposition 42 Funds and $15;789 from the
Urban State Highway Account (USHA) Fund.
FUNDING:
The FY 2006-07 Capital Improvement Program includes $267,175 for the 2006 Annual Street
Maintenance Project. Staff recommends approving the expenditure of $37,000 of Proposition
42 Funds for work on Bid Schedules A and B-1. The revised total project cost will be
$361,499 ($267,175 + $94,324), which includes construction, construction contingency and
geotechnical services. The $94,324 = $41,535 from available Pavement Management
Program Funds, $37,000 from Prop 42 Funds and $15,789 from USHA Funds
DISCUSSION:
On September 26, 2006, the City Council awarded a contract to Granite Construction for the
2006 Annual Street Maintenance Project in the amount of $249,252. Since that time, staff
walked the project site with the geotechnical engineering firm, more extensive construction of
the roadway on Oak Park Boulevard was recommended. As a result, the additional scope of
work required using the funds originally allocated for work on James Way. Work on James
Way was subsequently scheduled next fiscal year.
The project bid schedule was organized into five separate schedules to enable as much of the
work as possible to be performed within the project budget. The schedules were organized in
terms of their priority, as follows: an asphalt concrete overlay of the east side of Oak Park
Boulevard between James Way and West Branch (A), pavement reconstruction for three
segments of James Way (B-1 through B-3) and pavement reconstruction of West Branch
Street (C). The three Bid Schedules on James Way are as follows: Schedule B-1 is from Oak
CONSIDERATION OF INCREASING THE TOTAL CONTRACT COST FOR THE 2006
ANNUAL STREET MAINTENANCE PROJECT, PW 2006-07
NOVEMBER 28, 2006
PAGE 2
Park Boulevard to just east of Meadow Way; Schedule B-2 is a continuance from the end of
Schedule B-1 to Colina Street, and Schedule B-3 is from Colina Street to Tally Ho. The City
Council awarded a contract to Granite Construction to perform the work in Schedules A
through B-2 (Oak Park Boulevard overlay and dugouts on James Way from Oak Park
Boulevard to Colina Street). Construction of the remaining schedules (B-3 and C), were to be
deferred until next fiscal year.
Staff recommends appropriating $96,730 from Proposition 42 Funds to the 2006 Annual Street
Maintenance Project, PW 2006-07 to facilitate the following:
. Increasing the total contract cost for the 2006 Annual Street Maintenance Project, PW
2006-07, to Granite Construction from $264,252 to $345,622;
. reintroducing work on James Way to the contract, notably Schedule B-1 (digouts on
James Way, between Oak Park Boulevard and Equestrian Way).
Increasing the contract cost at this time will eliminate bidding a separate project next year,
provide an economy of scale by having the existing contractor complete more of the proposed
work and allow for the road to be micro-surfaced next summer. The contract time for this
project remains at 60 calendar days. Work is expected to begin on November 27,2006 and
be completed by mid December 2006.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve staff's recommendations;
. Do not approve staff's recommendations;
. Modify as appropriate and approve staff's recommendations; or
. Provide direction to staff.
9.8.
CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
On TUESDAY, NOVEMBER 28, 2006, the Arroyo Grande City Council will conduct a
public hearing at 7:00 P.M. in the COUNCIL CHAMBERS, 215 E. BRANCH STREET,
ARROYO GRANDE to consider the following item:
CASE NO.:
Appeal of Planning Commission Approval of Conditional Use
Permit Case No. 06-005, Condition No. 15
Jeff Hollister
231 S. Halcyon Road
APPELLANT:
LOCATION:
The City Council will consider an appeal of the Planning Commission's approval of
Conditional Use Permit 06-005 for a mixed-use building consisting of 3,720 square feet
of commercial/office space and one (1) apartment. Specifically, the appellant requests
reconsideration of Condition #15 which requires an overlay of the entire street width for
the project frontage along Dodson Way.
The Council may also discuss other hearings or business items before or after the item
listed above. If you challenge the proposed action in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in
this notice, or in written correspondence delivered to the City Council at, or prior to, the
public hearing. ' Failure of any person to receive the notice shall not constitute grounds
for any court to invalidate the action of the legislative body for which the notice was
given.
Information relating to this item is available by contacting the City of Arroyo Grande
Community Development Department at 473-5420. The Council meeting will be
televised live on Charter Cable Channel 20.
o/'tL--
Publish n, Ttie Tribune, Friday, November 17, 2006
MEMORANDUM
TO:
CITY COUNCIL
BY:
ROB STRONG COMMUNITY DEVELOP~ECTOR
RYAN FOSTER, ASSISTANT PLANNER
CONSIDERATION OF APPEAL OF PLANNING COMMISSION'S
APPROVAL OF CONDITIONAL USE PERMIT 06-005; 231 SOUTH
HALCYON ROAD
FROM:
SUBJECT:
DATE:
NOVEMBER 28, 2006
RECOMMENDATION:
It is recommended the City Council adopt a Resolution denying the applicant's appeal of
Condition of Approval #15 for Conditional Use Permit 06-005, and upholding the Planning
Commission's approval.
FUNDING:
No fiscal impact to the City.
DISCUSSION:
Backqround
On October 3,2006, the Planning Commission adopted Resolution No. 06-2016, approving
Conditional Use Permit 06-005, including several Conditions of Approval (Attachment 1).
Proiect Description
The project approved by the Planning Commission consists of demolishing two (2) single-
family residences and constructing a two-story mixed-use building with 3,720 square-feet
of ground-floor office space and one (1) second-floor apartment on a 0.26-acre property
located in the Office Mixed-Use (OMU) zoning district. Because the project site sits at
the northeast corner of South Halcyon Road and Dodson Way, the applicant has the
option of connecting to existing utilities under either South Halcyon Road or Dodson Way.
Basis for Appeal
Although the Council may consider and take action on all portions of the project, the
applicant has appealed Condition of Approval #15, which states:
If new utilities connect to Dodson way, the project shall overlay Dodson Way
with 2" of W' Type 'B' asphalt to the limits necessary to ensure a minimum of
2% and a maximum of 5% cross slope from lip of gutter to lip of gutter within
the project frontage.
S:ICommunity DevelopmenIIPROJECTSICUPI06-005IAPL_ CC _ RPT.doc
CITY COUNCIL
APPEAL OF CUP 06-005
NOVEMBER 28, 2006
PAGE 2 OF 3
Specifically, the applicant is appealing the requirement to overlay Dodson Way from lip of
gutter to lip of gutter along the project frontage rather than overlay only to the centerline
of the street (Attachment 2). This segment of Dodson Way was overlaid in May of 2004.
The Condition of Approval was included in the Resolution adopted by the Planning
Commission and imposed by the Public Works Department in an attempt to allow the
applicant to connect to utilities under Dodson Way while complying with the City's
Pavement Cut Policy, as this segment of Dodson Way was overlaid less than five (5)
years ago (Attachment 3). It has been standard practice for the City to require this
additional paving to allow projects to access utilities in recently overlaid streets when no
other options are available.
It should be noted that while the Planning Commission approved the project with staff
recommended conditions, it was stated that the primary reason for doing so was due to
the fact that the Pavement Cut Policy had been adopted by the City Council. Therefore,
they indicated that it would not be appropriate for the Commission to overturn it; however,
they did express support for the applicant's request to reduce the amount of required
repaving in their motion approving the project, should the applicant wish to appeal the
condition to the City Council.
The alternative connection to utilities in Halcyon Road would -avoid the recently
reconstructed Dodson Way, but require encroachment and repaving of the east half of
Halcyon Road across the project frontage. Public Works has estimated the approximate
cost of the following alternatives: connecting to Halcyon - $11,200; connecting to Dodson
and repaving to centerline - $13,500; connecting to Dodson and repaving gutter to gutter
- $15,000. South Halcyon Road was last overlaid over ten (10) years ago. Therefore,
improvements to South Halcyon Road are expected to be funded again prior to Dodson
Way in the future.
The Council can determine if the pavement cut policy should be waived or revised to
reduce costs to the applicant and/or avoid disruption of traffic on a major arterial rather
than local street. It should be recognized that the pavement policy was intended to
reduce repair and maintenance costs the City will experience if the street patch is less
durable than the recent reconstruction. Paving from curb to curb eliminates joints in the
pavement that will eventually be compromised due to weather and wear. .
ALTERNATIVES:
The following alternatives are presented for Council consideration:
1. Adopt the attached Resolution denying the appeal; or
2. Tentatively uphold the appeal and direct staff to return with a supporting
Resolution; or
3. Direct that all utilities connect to South Halcyon.Road; or
4. Provide direction to staff
S:ICommunity Development\PROJECTSICUPI06-005\APL_ CC _RPT.doc
CITY COUNCIL
APPEAL OF CUP 06-005
NOVEMBER 28, 2006
PAGE 3 OF 3
Attachments:
1. Planning Commission Resolution No. 06-2016
2. Letter from applicant outlining reason for appeal
3. City of Arroyo Grande Pavement Cut Policy
S:ICommunity DevelopmentIPROJECTSICUPI06-005IAPL_ CC _ RPT.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING AN APPEAL AND
UPHOLDING THE PLANNING COMMISSION'S APPROVAL
OF CONDITIONAL USE PERMIT 06-005; LOCATED AT 231
SOUTH HALCYON ROAD; APPLIED FOR BY JEFF
HOLLISTER
WHEREAS, the applicant has filed Conditional Use Permit 06-005 to demolish two (2)
single-family residences and construct a mixed-use building with 3,720 square-feet of
office space on the ground-floor and one (1) second-floor apartment; and
WHEREAS, the Planning Commission of the City of Arroyo Grande adopted Resolution
06-2016 approving Conditional Use Permit 06-005 on October 3, 2006; and
WHEREAS, the applicant has appealed Condition of Approval #15, as approved by the
Planning Commission; and
WHEREAS, the City Council of the City of Arroyo Grande has considered this appeal at a
public hearing on November 28, 2006 in accordance with the Municipal Code of the City
of Arroyo Grande; and
WHEREAS, the City Council finds, atter due study, deliberation and public hearing, that
the following circumstances exist:
The condition in question is consistent with the City's Pavement Cut Policy,
which prohibits any cuts into streets repaved within the last five (5) years.
The segment of Dodson Way that would be cut into was last repaved in
May of 2004 and therefore should not be cut until May of 2009. The
condition does allow the applicant to cut into this segment of Dodson Way;
however, by requiring the applicant to repave the entire width of the
segment from gutter to gutter, the goal of the Pavement Cut Policy will be
achieved.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby denies the appeal based on the above findings.
On motion by Council Member
following roll call vote, to wit:
, seconded by Council Member
, and by the
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 28th day of November, 2006.
RESOLUTION NO.
PAGE 2
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL. CITY ATTORNEY
ATTACHMENT I
RESOLUTION NO. 06-2016
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE.. APPROVING
CONDITIONAL USE PERMIT ,06.Q05; LOCATED AT 231
SOUTH HALCYON ROAD;. APPLIED FOR BY JEFF;
HOLLISTER
l
WHEREAS, the applicant has filed Conditional Use Permit 06-005 to demolish two (2)
single-family residences and construct a mixed-use building with 3,720 square-feet of
office space on the ground-floor and one (1) second-floor apartment; .and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit 06-005 ('Exhibit S') at a public hearing on October 3, 2006 in
accordance with the Municipal Code of the City of Arroyo Grande; and
WHEREAS, the Planning Commission found that this project is consistent with the City's
General Plan, Development Code and the environmental documents associated
therewith, and has determined that the project is categorically exempt per Section 15332
of the California Environmental Quality Act (CEQA) Guidelines; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, that the following circumstances exist:
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 primary purpose of the Office Mixed Use (OMU) zoning district is to
'provide areas for the establishment of corporate, administrative, and medical
offices and facilities, commercial services that are required to support major
business medical development, and multi-family housing.' The proposed use
consists of office area as well as an apartment and Is therefore consistent with
the stated purpose of the OMU zoning district.
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 use is consistent with other uses in the OMU zoning district,
which is comprised primarily of professional office uses, and therefore would
not impair the integrity or character of the OMU zoning district.
3. The site is suitable for the type and intensity of use or development that is
proposed.
RESOLUTION NO. 02-1016
CUP 06-005
PAGE 2
The proposed use consists of office and residential, both of which are suitable
for the site, which is adjacent to similar office and residential uses. The site is
also suitable for the proposed intensity of use, due to its location within a
professional office corridor and proximity to complimentary selVices.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
The project will connect to existing utilities and will not affect public health and
safety.
5. The proposed use will not be detrimental to the public health, safety or welfare
or materially injurious to properties and improvements in the vicinity.
There is nothing unusual about the proposed use that will be detrimental to the
public health, safety or welfare or materially injurious to properties and
improvements in the vicinity. .
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Conditional Use Permit 06-005, 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 Commissioner Fellows, seconded by Commissioner Brown, and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Commissioner Fellows, Brown, Parker and Tait
None
Commissioner Ray
the foregoing Resolution was adopted this Srd day of October, 2006.
ATTEST:
~UW\
L YN REARDON-SMITH,
SECRETARY TO THE COMMISSION
CHUCK FELLOWS, CHAIR
R RONG,
COMMUNITY DEVELO MENT DIRECTOR
RESOLUTION NO. 02-1016
CUP 06-005
PAGE 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 06-005
231 SOUTH HALCYON ROAD
This approval authorizes the demolition of two (2) single-family residences and
construction of a mixed-use building with 3,720 square-feet of office space on the ground-
floor and one (1) second-floor apartment at 231 South Halcyon Road.
COMMUNITY DEVElOPMENT DFPARTMENT
GFNFRAI CONnlTIONS
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Conditional Use
Permit 06-005.
3. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at their meeting of October 3, 2006 and marked
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 anyway relating to the implementation thereof,
or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attorney's fee's
which the City, its agents, officers or employees may be required by a court to pay .
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition.
5. Development shall conform to the Office Mixed-Use (OMU) zoning requirements
except as otherwise approved.
PURl IC WORKS OFPARTMFNT
SPECIAL CONnlTIONS
6. The applicant shall pay the project's proportionate share for the following
wastewater capital improvement projects for the net increase in project wastewater
flows:
. Alder Street Upgrade,
RESOLUTION NO. 02-1016
CUP 06-005
PAGE 4
. Woodland Drive Upgrade, and
. Farroll Avenue Upgrade
7. The project shall video the existing sewer lateral to. determine its condition. The
lateral shall be repaired or replaced as directed by the Director of Public Works.
8. The project shall remove and replace any damaged or broken curb, gutter and
sidewalk within the project frontages.
9:- The project shall remove the existing driveway approach on South Halcyon Road
and replace it with curb, gutter and sidewalk.
10. Any damage to the cross gutter across Dodson Way caused by construction of the
project shall require removal and replacement of the cross gutter.
11. The project shall install curb, gutter and sidewalk in the Dodson Way frontage at
grades and alignments to provide a 40' wide road.
12. The project shall pay its proportionate share for replacement of the Halcyon water
line, based on project frontage.
13. The project shall pay the City's underground utility in-lieu fee for the Dodson Way
frontage.
14. The increased stormwater runoff caused by the project shall be either:
. Retained on-site; or
. Piped to the drop inlet on South Halcyon Road adjacent to the hospital
15. If new utilities connect to Dodson way, the project shall overlay Dodson Way with
2" of Yo" Type'S' asphalt to the limits necessary to ensure a minimum of 2% and a
maximum of 5% cross slope from lip of gutter to lip of gutter within the project
frontage.
16. If new utilities connect to South Halcyon Road, the project shall overlay South
Halcyon Road with 1 W' of W' type'S' asphalt to the limits necessary to ensure a
minimum of 2% and a maximum of 5% cross slope from lip of gutter to centerline
of the road within the project frontage.
17. The project shall dedicate a 6' Public Utility Easement adjacent to all public right of
ways. If a setback of less than 6' is approved, the easement shall be the full width
of the setback.
18. The project shall dedicate a 10' Street Tree Easement adjacent to all public right of
ways. If a setback of less than 10' is approved, the easement shall be the full
width of the setback.
RESOLUTION NO. 02-1016
CUP 06-005
PAGE 5
GFNFRAI CONDITIONS
19. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or
as directed by the Director of Community Development or the Director of Public
Works.
20. Perform construction activities during normal business hours (Monday through
Friday, 7 AM to 5 PM) 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 performed outside of these hours.
IMPROVFMFNT PI ANS
21. All project improvements shall be designed by a registered civil engineer in the
State of California and constructed in accordance with the City of Arroyo Grande
Standard Drawings and Specifications.
22. Submit four (4) full-size paper copies, one (1) full-size Mylar copy and one (1)
electronic copy on CD in AutoCAD format of approved improvement plans for
inspection purposes during construction.
23. Submit as-built plans at the completion of the project or improvements as directed
by the Director of Public Works. One (1) set of Mylar prints and an electronic copy
on CD in AutoCAD format shall be required.
24. The following improvement plans shall be prepared by a registered civil engineer
and approved by the Public Works Department:
a. Grading, drainage and erosion control.
b. Street paving, curb, gutter and sidewalk.
c. Public utilities.
d. Water and sewer.
e. Landscaping and irrigation.
f. Any other improvements as required by the Director of Public Works.
25. The site plan shall include the following:
a. The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
b. The location, quantity and size of all existing and proposed sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the property.
e. The location and dimension of all existing and proposed paved areas.
f. The location of all existing and proposed public or private utilities.
26. Improvement plans shall include plan and profile of existing and proposed streets,
utilities and retaining walls.
RESOLUTION NO. 02-1016
CUP 06-005
PAGE 6
27. Landscape and irrigation plans are required within the public right of way, and shall
be approved by the Community Development and Parks, Recreation and Facilities
Departments. In addition, the Director of Public Works shall approve any
landscaping or irrigation within a public right of way or otherwise to be maintained
by the City.
WATFR
28. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
29. Existing water services to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Director of Public Works.
30. - The applicant shall complete measures to neutralize the estimated increase - in
water demand created by the project by either of the following:
a. Implement an individual water program consisting of retrofitting existing
high-flow plumbing fixtures with low-flow devices. The calculations shall be
submitted to the Director of Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council for
approval prior to implementation; OR
b. The applicant may pay an in-lieu fee of $2,200 for each new residential unit
(or equivalent).
SFWFR
31. Each parcel shall be provided a separate sewer lateral.
32. All sewer laterals within the public right of way must have a minimum slope of 2%.
33. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
34. Existing sewer laterals to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Director of Public Works.
35. Obtain approval from the South County Sanitation District for the development's
impact to District facilities prior to issuance of building permit.
PlIRI Ie lITI! ITIFS
36. Submit all improvement plans to he public utility companies for approval and
comment. Utility comments shall be forwarded to the Director of Public Works for
approval. All utility companies shall sign the improvement plans prior to final
submittal.
RESOLUTION NO. 02-1016
CUP 06-005
PAGE 7
37. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
STRFFTS
38. All street repairs shall be constructed in accordance with the City Street Cut Policy.
39. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned
and filled with epoxy.
40. Street structural sections shall be determined by an R-Value soil test, but shall not
be less than 3" of asphalt and 6" of Class 1/ AS.
41. Overlay, slurry seal or fog seal any roads dedicated to the City prior to acceptance
by the City, as directed by the Director of public Works.
CIJRR GIJTTFR, AND SlnFWAI K
42. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
43. Install tree wells with deep root barriers for all trees planted adjacent to curb, gutter
and sidewalk to prevent damage due to root growth.
GRAnlNG
44. Perform all grading in conformance with the City Grading Ordinance.
45. Submit a preliminary soils report prepared by a registered Civil Engineer and
supported by adequate test borings. .AII earthwork design and grading shall be
performed in accordance with the approved soils report.
46. Submit all retaining wall calculations for review and approval by the Director of
Public Works for walls not constructed to City standards.
nRAINAGF
47. All drainage facilities shall be designed to accommodate a 100-year storm flow.
48. The applicant shall provide detailed drainage calculations indicating that the
increased run-off can be accommodated by existing facilities and/or provide on-site
retention basins, to the satisfaction of the Director of Public Works.
nFDICATIONS ANn FASFMFNTS
49. All easements, abandonments, or similar documents to be recorded as a
document shall be prepared by the applicant on 8 Y, x 11 City standard forms, and
shall include legal descriptions, sketches, closure calculations, and a current
preliminary title ~eport. The applicant shall be responsible for all required fees,
including any additional required City processing.
<
RESOLUTION NO. 02-1016
CUP 06-005
PAGE 8
PFRMITS
50. Obtain an encroachment permit prior to performing any of the following:
. Performing work in the City right of way,
. Staging work in the City right of way,
. Stockpiling material in the City right of way,
. Storing equipment in the City right of way.
51. Obtain a grading permit prior to commencement of any grading operations on the
site.
FFFS
52. Pay all required City fees at the time they are due.
53. Fees to be paid prior to plan approval:
. Map check fee,
. Plan check fee for grading plans based on an approved earthwork estimate,
. Plan check fee for improvement plans based on an approved construction
cost estimate
. Permit fee for grading plans based on an approved earthwork estimate,
. Inspection fee of project or public works construction plans based on an
approved construction cost estimate.
AGRFFMFNTS
58. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
improvements.
59. Improvement Agreement: The applicant shall enter into an agreement for the
completion and guarantee of improvements required. The agreement shall be on
a form acceptable to the City.
IMPROVFMFNT SFClJRITIFS
60. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
61. Submit an engineer's estimate of quantities for public improvements for review by
the Director of Public Works.
62. Provide financial security for the following, to be based upon a construction cost
estimate approved by the Director of Public Works:
RESOLUTION NO. 02"1016
CUP 06-005
PAGE 9
a. Faithful Performance: 100% of the approved estimated cost of all
subdivision improvements,
b. labor and Materials: 50% of the approved estimated cost of all
subdivision improvements
c. One Year Guarantee: 10% of the approved estimated cost of all
improvements. This bond is required prior to acceptance of the
improvements.
PRIOR TO ISSUING A CFRTIFICATF OF OCCUPANCY
63. All utilities shall be operational.
64. All essential project improvements shall be constructed prior to occupancy. Non-
essential improvements, guaranteed by .an agreement and financial securities,
. may be constructed after occupancy as directed by the Director of Public Works.
RIIII DING ANn FIRFO DEPARTMFONT
GFNFRAI CONDITIONS
71. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
72. Provide complete compliance with State and Federal disabled access
requirements.
73. All fire lanes must be posted and enforced, per Police Department and Fire
Department Guidelines.
74. The project shall have a fire flow based on the California Fire Code Appendix Ili-
A.
75. Prior to combustible materials being placed on site, fire hydrants shall be
installed, per Fire Department and Public Works Department standards.
76. Prior to occupancy, the applicant must provide an approved 'security key vault',
per Building and Fire Department guidelines.
77. Prior to occupancy, all buildings must be fully sprinklered per Building and Fire
Department Guidelines.
78. Provide Fire Department approved access or sprinkler system per National Fire
Protection Association Standards.
RESOLUTION NO. 02-1016
CUP 06-005
PAGE 10
79. Prior to issuance of a grading permit or building permit, whichever occurs first,
applicant shall show proof of properly abandoning all non-conforming items such
as septic tanks, wells, underground piping and other undesirable conditions.
80. Prior to issuance of a building permit, a demolition permit must be issued.
Development fees resulting from demolition will be appropriately credited to the
property.
OTHER APPROVAl S'
81. Any review costs generated by outside consultants shall be paid by the
applicant.
FFFS'
82. Water meter, service main, distribution and availability fee; to be based on codes
and rates in effect at the time of building permit issuance.
83. Water neutralization fee; to be based on codes and rates in effect at the time of
building permit issuance.
84. Traffic impact fee; to be based on codes and rates in effect "at the time of
building permit issuance.
85. Traffic signalization fee; to be based on codes and rates in effect at the time of
building permit issuance.
86. Sewer hook-up and facility permit fee; to be based on codes and rates in effect
at the time of building permit issuance.
87. Drainage fee, to be based on cpdes and rates in effect at the time of building
permit issuance.
88. Building permit fees; to be based on codes and rates in effect at the time of
building permit issuance.
89. Strong Motion Instrumentation Program (SMIP) fee; to be based on codes and
rates in effect at the time of building permit issuance in accordance with State
mandate.
90. Park development fee; to be based on codes and rates in effect at the time of
building permit issuance.
91. Park improvements fee; to be based on codes and rates in effect at the time of
building permit issuance.
RESOLUTION NO. 02.1016
CUP 06-005
PAGE 11
92. Street trees fee; to be based on codes and rates in effect at the time of building
permit issuance.
93. Community centers fee; to be based on codes and rates in effect at the time of
building permit issuance.
94. Fire protection fee; to be based on codes and rates in effect at the time of .
building permit issuance.
95. Police facilities fee; to be based on codes and rates in effect at the time of
building permit issuance.
PARKS, RECRFATION & FACILITIES DFPARTMENT
GFNFRAI CONDITIONS
96. Prior to issuance of building permits, a final landscape plan shall be submitted,
subject to review and approval by the Director of Parks, Recreation and Facilities.
ARCHITECTURAl RFVIEW COMMITTEE
SPECIAl CONnlTIONS
97. The project shall utilize permeable paving on the rear portion of the parking lot to
minimize impact to existing trees.
98. The final landscape plan shall be subject to review and approval by the
Architectural Review Committee (ARC).
PLANNING COMMISSION
SPFCIAI CONnlTIONS
99. Prior to issuance of abuilding permit, the applicant shall record a lot merger to
consolidate the two existing lots into a single lot.
100. The aesthetic impact of the projects double detector check valve shall be
minimized through use of the following measures, as allowed by the Fire Chief:
. Minimize height;
. Screen with landscaping; and
. Use green paint
'i
,'''''
-"--! .- :
ATTACHMENT 2
J;
APPEAL TO THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE
Date /0/13 10"
, I
..Jet'P-IIou~.x
Name and Address of Appellant
l.JWUZ SAN UA.> ~/'iR>, C4 181<:>(
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57'" e,CBNView
Appeal of
ClIP
Case No.
. . ~pr~~enied by . P~M C,IKM"'~
on
/0 h/06
I I Date
Reason for Appeal
f2eQ~ . fZeaxS/~eN Q'Z-. ~ 1If"7o-,[. ~ IS"
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Signature
Mailing Address
ftJ ~ !1~ . Rq , C4 9342.J
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4-B{-~b4-S
Telephone
Fee - $240.00
Receipt No.
~
Date ( 0 ( \"3/ 0 lp
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Norman 4 Vasquez Associates
101 l"le5t 5ran~h etreet, eulte 1.:2
PO 50x 1 'l S
Arroyo C&rande, California 'lS4.:20
.lame5 R. Norman, Ar~hlte~t CSe'll
Phone: e05 4e 1-5645
Fax: eos 4e 1-564S
emall:
de5lgn_gr aph 1~5115b~global.net
City of Arroyo Grande
:20e E. 6ranc.h street
Arroyo Grande, California q 014:20
eos 4;S-S4:20
ATTN: Ftyan Foster
FtE: CUP Case 06-005
,
Oc.t 1:2, :2006
Ftyan,
YIIe are filing an appeal to the City Counc.i1 of the Planning Commi5sion
approval due to projec.t Condition # 1 srequirement of overiay of entire street
width for projec.t frontage.
Our proposed c.uts into Dodson YIIay would be approximately e ft to the
existing water line or to the approximate edge of the parking lane.
YIIe rec.ognize that Dodson YIIay was rec.ently overlaid, and we are willing
to grind and overlay the street to c.enterline as di5c.ussed with during the
Planning Commission Hearing and rec.ommended by the Planning Commis5ion in
the Approval motion,
If we moved the utility c.onnec.tions to Halc.yon as suggested by Public.
YIIorks, just joining existing pavement with the paveout to the c.urb . gutter, we
will be c.reating a .pavement joint" in the parking lane.
6ec.ause it appears that there will be a "pavement joint" along Dodson
YIIay in either c.ase, our proposal provides a more c.ontiguous pavement mat with
the old pavement overlay tied into the new pavement sec.tion at street widening
and c.auses less disruption to the existing street system during c.onstruc.tion.
- ;.
l--__
.James Ft. Norman, Arc.hitec.t
ATTACHMENT 3
City of Arroyo Grande "-
Pavement Cut Policy
All pavement cuts, defined as any activity that penetrates through the asphalt-
concrete pavement surface, shall be prohibited in the roadway surface for a
period of five (5) years following the placement of a new asphalt concrete
surface. The Public Works Department will annually publish a five (5) year
paving history of streets where the prohibition is in force, and a projected five (5)
year paving schedule to assist utility companies, developers and contractors to
schedule their projects.
'!
At the discretion of the Public Works Director/City Engineer, this restriction may
be lifted for emergency, safety and \Jtility repairs or work mandated by the State
of California. In the event the pavement cut is allowed, the roadway shall be
repaired to the condition prior to the cut, in accordance with City of Arroyo
Grande . Standard Plans, and all pavement markings and markers shall be
replaced in kind.
9.b.
CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
On TUESDAY, NOVEMBER 28, 2006, the Arroyo Grande City Council will conduct a
public hearing at 7:00 P.M. in the COUNCIL CHAMBERS, 215 E. BRANCH STREET,
ARROYO GRANDE to consider the following item:
CASE NO.:
Appeal of Planning Commission Approval of Conditional Use
Permit Case No. 06-006
Lucia Mar Unified School District
Stanley Avenue/Paulding Middle School Grounds
APPELLANT:
LOCATION:
The City Council will consider an appeal of the Planning Commission's approval of
Conditional Use Permit 06-006 to construct a 200' x 36' metal maintenance building
and place three (3) modular office building adjacent to Paulding Middle School and the
"Bus Barn". Specifically, the appellant requests reconsideration of various conditions
relating to street and drainage improvements, as well as a request to waive
development impact fees.
The Council may also discuss other hearings or business items before or after the item
listed above. If you challenge the proposed action in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in
this notice, or in written correspondence delivered to the City Council at, or prior to, the
public hearing. Failure of any person to receive the notice shall not constitute grounds
for any court to invalidate the action of the legislative body for which the notice was
given.
Information relating to this item is available by contacting the City of Arroyo Grande
Community Development Department at 473-5420. The Council meeting will be
televised live on Charter Cable Channel 20.
U1JL,+w,O!Lf!.--
ity Clerk
Publish n, The Tribune, Friday, November 17, 2006
MEMORANDUM
TO:
CITY COUNCIL
FROM:
ROB STRONG~MUNITY DEVELOPMENT DIRECTOR
JIM BERGMA~ISTANT PLANNER
CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION'S
APPROVAL OF CONDITIONAL USE PERMIT 06-006; EAST BRANCH
STREET AND STANLEY AVENUE (PAULDING MIDDLE SCHOOL AND
THE BUS BARN)
NOVEMBER 28, 2006
BY:
SUBJECT:
DATE:
RECOMMENDATION:
It is recommended the City Council 1) consider the applicant's appeal of the Planning
Commission's approval of Conditional Use Permit Case No. 06-006 regarding conditions
of approval related to Stanley Avenue improvements, storm drainage and development
impact fees; 2) approve changes to staff's recommended conditions of approval including
waiving of project impact fees; 3) uphold conditions of approval generated by the
Planning Commission and Architectural Review Committee; and 4) adopt a Resolution
upholding the appeal and approving Conditional Use Permit 06-006 as modified.
FUNDING:
If the Council waives impact fees as requested by the applicant, these fees would total
$20,040.
DISCUSSION:
Backqround
On October 3, 2006 the Planning Commission held a public hearing and adopted a
Resolution approving Conditional Use Permit 06-006 for the development of an Operation
and Maintenance Facility associated with the Lucia Mar Unified School District (See
Attachment 1, Planning Commission staff report). Included in the Resolution were 80
conditions of approval from various City departments, the Architectural Review Committee
and the Planning Commission (See Attachment 2, Planning Commission Resolution 06-
2017). The applicant appealed the decision and submitted a letter requesting relief and/or
modification from specific conditions of approval (See Attachment 3, Letter from Oasis
Landscape Architecture and Planning dated November 3, 2006).
After the Planning Commission's decision, the applicant filed an appeal and met with staff
in an effort to reconfigure the project to reduce costs of improvements that are generally
associated with private developments and not those of special districts. The primary
proposed change involves Stanley Avenue, which was previously dedicated to the City,
l_
-'>.
CITY COUNCIL
CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION'S APPROVAL OF
CONDITIONAL USE PERMIT 06-006; EAST BRANCH STREET AND STANLEY
AVENUE (PAULDING MIDDLE SCHOOL AND THE BUS BARN)
NOVEMBER 28, 2006
PAGE 2 OF 10
but never accepted maintenance since the roadway is not built to City standards. The
conditions recommended to the Planning Commission assumed upgrading the street to
City standards in order to obtain City acceptance. However, the District has agreed to
continue assuming responsibility for maintenance of the roadway in order to eliminate
costly upgrades. Staff is amenable to the proposed project changes and has altered the
conditions of approval accordingly. No changes are recommended to conditions
proposed specifically by the Planning Commission or Architectural Review Committee.
Staff also recommends the Council waive impact fees based upon the fact that the
District is proposing relocation of an existing and equally sized facility from Arroyo
Grande High School to Paulding Middle School. However, staff recommends that no
permit fees charged to reimburse the City for staff time involved in the process be
waived. Staff recommendations have been reviewed with representatives from the
District and they have concurred.
Reproduced below are the disputed conditions of approval, the applicant's request for
relief and staffs subsequent recommendations based upon the revised project.
Conditions # 6, 7 and 8
6. The proposed chain-link fence shall be planted with an evergreen vine.
7. Evergreen trees, preferably California Coastal Redwoods shall be planted around
the side and rear perimeter of the building every 20' on center.
8. A row of evergreen trees shall be planted along the south side of Branch Street
property line at the guardrail in a manner that effectively screens the development
from view of motorist on Highway 227.
Applicant's Request
District requests that they be allowed to have the flexibility/creativity to prepare a
landscape screening plan that addresses the objective of these three conditions without
dictating specific location, species, and spacing.
Staff Recommendation
These conditions of approval were created on a recommendation from the Architectural
Review Committee based upon review of minimal plans. Staff believes that the intent of
this condition can be fulfilled if plans are developed by a licensed landscape architect
based upon input given at the meeting followed by a review and recommendation of
approval by Architectural Review Committee and subsequent approval by the Director of
Parks, Recreation and Facilities and the Community Development Director.
CITY COUNCIL
CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION'S APPROVAL OF
CONDITIONAL USE PERMIT 06-006; EAST BRANCH STREET AND STANLEY
AVENUE (PAULDING MIDDLE SCHOOL AND THE BUS BARN)
NOVEMBER 28, 2006
PAGE 3 OF 10
Conditions #20 and #21
20. Water Meter, service main, distribution, and availability fees, to be based on codes
and rates in effect at the time of building permit issuance.
21. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at
the time of building permit issuance.
Applicant's Request
District anticipates purchase of a new water meter. Based upon the demolition of the
existing O&M facility and retirement of restroom facilities at both the O&M facility and
AGHS campus, the District asks that the sewer hook-up & facility fees be waived.
Staff Recommendation
Since the school district is relocating an existing facility of the same or lesser size, staff
recommends that these fees be treated as a credit and waived.
Conditions # 22 and # 23
22. Install curb, gutter, and sidewalk on both sides of Stanley Avenue to grades and
alignments approved by the Director of Public Works.
23. Pave Stanley Avenue from the intersection with Branch Street to the dead end.
Street structural sections shall be determined by a TI of 6.5 and an R-Value soil
test, but shall not be less than 3" of asphalt and 6" of Class II AB.
Applicant's Request
Pursuant to discussions with the Public Works Director, the District will implement the
following improvements:
. Minimum 24 foot pavement width from intersection of Branch Street and Stanley to
dead end.
. TI of 6.5 and an R-value test, but not to be less than 3" of asphalt over 6" of Class
II base.
. Decomposed granite pedestrian path from Branch Street intersection to dead end,
one side only.
. Speed table with cross walk adjacent to Transportation Yard/basketball courts.
. District will not request City to maintain improvements to Stanley Avenue.
Staff Recommendation
CITY COUNCIL
CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION'S APPROVAL OF
CONDITIONAL USE PERMIT 06-006; EAST BRANCH STREET AND STANLEY
AVENUE (PAULDING MIDDLE SCHOOL AND THE BUS BARN)
NOVEMBER 28, 2006
PAGE 4 OF 10
These two conditions are standard conditions of approval for projects involving the
dedication of streets and are based on the assumption the City will take responsibility for
maintenance atter the completion of the project. Staff recommends that the
improvements requested by the applicant are suitable for the existing access based upon
agreement that the City will not assume maintenance responsibilities. A decomposed
granite pedestrian path is proposed in place of sidewalk improvements in order to
address interest expressed by the Planning Commission in creating a pedestrian
connection for the potential bridge over the creek and to improve pedestrian safety. The
applicant's request also leaves the option that in the future, curb, gutter and sidewalks
could be installed and the City could consider acceptance of maintenance
responsibilities.
Condition # 27
27. Upgrade the existing drainage structure and discharge pipe at the end of Stanley
Avenue with a City standard drop inlet with fossil filter, new discharge pipe, and
energy dissipater.
Applicant's Request
District has retained a civil engineer to conduct a comprehensive drainage analysis. The
analysis may include the need to upgrade the existing drainage structure, etc. District
requests that this condition simply require that the drainage analysis be prepared and
that recommendations be implemented in coordination with the Public Works Director.
Staff Recommendation
The applicant is in the process of developing plans that address drainage, including
existing deficiencies and projected outflows. Staff believes the project does not fall within
the creek moratorium because any work proposed within the 25-foot setback is simply
modification to an existing facility.
Since this project is within Flood Management Zone B, it was determined that it is not
advisable to include a local detention basin based on the "Detention Basin Analysis"
prepared by the Wallace Group dated June 2006. - Specifically, stormwater detention is
not recommended due to the lack of effectiveness in benefiting the later-occurring peak
flow in the creek and the potential for increasing peak flow rates downstream as a result
of the lag time associated with the peak creek flows.
Therefore, staff instead recommends the project be conditioned to: 1) Install a filter
system consisting of a biofiltration swale, fossil filter, or similar improvement; 2) Construct
improvements necessary to correct any existing or future conditions causing erosion to
the creek bank; and 3) Proposed drainage improvements require approval of the Director
of Public Works, as well as all applicable regional, State and Federal regulatory agencies.
CITY COUNCIL
CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION'S APPROVAL OF
CONDITIONAL USE PERMIT 06-006; EAST BRANCH STREET AND STANLEY
AVENUE (PAULDING MIDDLE SCHOOL AND THE BUS BARN)
NOVEMBER 28, 2006
PAGE 5 OF 10
Condition # 38
38. Landscape and irrigation plans are required for landscaping within the public right-
of-way, and shall be approved by the Community Development and Parks and
Recreation Departments. In addition, The Director of Public Works shall approve
any landscaping or irrigation within a public right of way or otherwise to be
maintained by the City.
Applicant's Request
District requests deletion of this condition. See additional response to request for
landscaping above (nos. 6. - 8.)
Staff Recommendation
Staff recommends that this condition of approval be removed based upon the agreement
. that the City will not assume maintenance responsibilities. Therefore, no landscaping is
proposed in the public right-of-way.
Condition # 41
41. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
a. Implement an individual water program consisting of retrofitting existing high-flow
plumbing fixtures with low flow devices. The calculations shall be submitted to the
Director of Public Works for review and approval. The proposed individual water
program shall be submitted to the City Council for approval prior to
implementation; OR,
b. The applicant may pay an in Iie~ fee of $2,200 for each new residential unit.
Applicant's Request
District concurs with item a. based upon retirement of existing plumbing fixtures and
installation of new low-flow fixtures.
Staff Recommendation
Staff recommends leaving the condition unchanged since the applicant will fulfill it by
implementing an individual water mitigation or savings program consisting of retrofitting
existing high-flow plumbing fixtures with low flow devices.
CITY COUNCIL
CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION'S APPROVAL OF
CONDITIONAL USE PERMIT 06-006; EAST BRANCH STREET AND STANLEY
AVENUE (PAULDING MIDDLE SCHOOL AND THE BUS BARN)
NOVEMBER 28, 2006
PAGE 6 OF 10
Condition # 54
54. Streets that shall be designated as a local streets shall adhere to the following
design standards:
a. 40 feet street width from curb to curb.
b. Concrete curb, gutter, and sidewalk on both sides of the street.
c. 52 feet wide right-of-way.
d. 25 mile per hour design speed.
Applicant's Request
Pursuant to discussions with the Public Works Director, the District will implement the
following improvements:
. Minimum 24 foot pavement width from intersection of Branch Street and Stanley to
dead end.
. TI of 6.5 and an R-value test, but not to be less than 3" of asphalt over 6" of Class
II base.
. Decomposed granite pedestrian path from Branch Street intersection to dead end,
one side only.
. Speed table with cross walk adjacent to Transportation Yard/basketball courts.'
. District will not request City to maintain improvements to Stanley Avenue.
Staff Recommendation
Staff concurs with the applicant's request based upon justification outlined under
Conditions # 22 and # 23.
Condition # 56
56. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to
prevent damage due to root growth.
Applicant's Request
District request deletion of this condition as it is N/A.
Staff Recommendation
Staff recommends that this condition of approval be removed based upon the agreement
that the City will not assume maintenance responsibilities and curb, gutters and
sidewalks will not be installed. Therefore, tree wells will not be necessary for proposed
trees.
CITY COUNCIL
CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION'S APPROVAL OF
CONDITIONAL USE PERMIT 06-006; EAST BRANCH STREET AND STANLEY
AVENUE (PAULDING MIDDLE SCHOOL AND THE BUS BARN)
NOVEMBER 28, 2006
PAGE 7 OF 10
Conditions # 64 and # 65
64. Obtain an encroachment permit prior to performing any of the following:
a. Performing work in the City right of way,
b. Staging work in the City right of way,
c. Stockpiling material in the City right of way,
d. Storing equipment in the City right of way.
65. Obtain a grading permit prior to commencement of any grading operations on site.
Applicant's Request
District requests that permit fees be waived.
Staff Recommendation
Staff recommends the Council uphold these conditions of approval since these fees are
based upon City costs to process and inspect these permits.
Condition # 67d
67. Fees to be paid prior to plan approval:
d. Inspection fee of subdivision or public works construction plans based on an
approved construction cost estimate.
Applicant's Request
District requests that permit fees be waived.
Staff Recommendation
Staff recommends the Council uphold these conditions of approval since these fees are
based upon City costs to process and inspect these permits.
Condition # 73
73. Prior to issuing a certificate of occupancy for the project, all improvements shall be
fully constructed and accepted by the City.
Applicant's Request
District concurs with this condition except for City acceptance of roadway improvements.
CITY COUNCIL
CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION'S APPROVAL OF
CONDITIONAL USE PERMIT 06-006; EAST BRANCH STREET AND STANLEY
AVENUE (PAULDING MIDDLE SCHOOL AND THE BUS BARN)
NOVEMBER 28, 2006
PAGE 8 OF 10
Staff Recommendation
Staff recommends that this condition of approval be removed based upon the agreement
that the City will not assume maintenance responsibilities of the road.
Condition # 75
75. Stanley Avenue improvements shall be made to the end of the street and traffic
calming measures should be initiated.
Applicant's Request
Pursuant to discussions with the Public Works Director, the District will implement the
following improvements:
. Minimum 24 foot pavement wi(Hh from intersection of Branch Street and Stanley to
dead end.
. TI of 6.5 and an R-value test, but not to be less than 3" of asphalt over 6" of Class
II base.
. Decomposed granite pedestrian path from Branch Street intersection to dead end,
one side only.
. Speed table with cross walk adjacent to Transportation Yard/basketball courts.
. District will not request City to maintain improvements to Stanley Avenue.
Staff Recommendation
The intent of this condition will be fulfilled by changes to the project as indicated in #22
and # 3.
Condition # 77
77. The project shall return to the Architectural Review Committee for final color
selection.
Applicant's Request
District requests that the 0 & M facility building color be reviewed by the Director of the
Community Development Department and not the ARC.
Staff Recommendation
It is recommended that the Council uphold this condition of approval created by the
Planning Commission.
CITY COUNCIL
CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION'S APPROVAL OF
CONDITIONAL USE PERMIT 06-006; EAST BRANCH STREET AND STANLEY
AVENUE (PAULDING MIDDLE SCHOOL AND THE BUS BARN)
NOVEMBER 28, 2006
PAGE 9 OF 10
Conditions # 78 and 79
78. A retention basin shall be placed on-site.
79. An off-site drop-inlet fossil filter for drainage shall be installed to the satisfaction of
the Director of Public Works.
Applicant's Request
District has retained a civil engineer to conduct a comprehensive drainage analysis. The
analysis may include the need for a retention basin, off-site drop-inlet fossil filter etc.
District requests that this condition simply require that the drainage analysis be prepared
and that recommendations be implemented in coordination with the Public Works
Director.
Staff Recommendation
This is a specific condition developed by the Planning Commission modifying staff's
condition number 27 by requiring the use of a retention basin and fossil filters. The
applicant is in the process of developing plans that address drainage including existing
deficiencies and projected outflows.
Since this project is within Flood Management Zone B, it was determined that it is not
advisable to include a local detention basin based on the "Detention Basin Analysis"
prepared by the Wallace Group dated June 2006. Specifically, stormwater detention is
not recommended due to the lack of effectiveness in benefiting the later-occurring peak
flow in the creek and the potential for increasing peak flow rates downstream as a result
of the lag time associated with the peak creek flows.
Therefore, staff instead recommends the project be conditioned to: 1) Install a filter
system consisting of a biofiltration swale, fossil filter, or similar improvement; 2) Construct
improvements necessary to correct any existing or future conditions causing erosion to
the creek bank; and 3) Proposed drainage improvements require approval of the Director
of Public Works, as well as all applicable regional, State and Federal regulatory agencies.
Condition # 80
80. Street and parking lot trees and an irrigation plan (shall include sponge areas
around the trees). Shall be required to the satisfaction of the Architectural Review
Committee.
CITY COUNCIL
CONSIDERATION OF AN APPEAL OF PLANNING COMMISSION'S APPROVAL OF
CONDITIONAL USE PERMIT 06-006; EAST BRANCH STREET AND STANLEY
AVENUE (PAULDING MIDDLE SCHOOL AND THE BUS BARN)
NOVEMBER 28, 2006
PAGE 10 OF 10
Applicant's Request
District requests that they be allowed to have the flexibility/creativity to prepare a
comprehensive landscape plan that addresses the objective of this condition and
condition nos.6. - 8. District also requests that these plans be prepared to the satisfaction
of the Director of the Community Development Department as opposed to the ARC.
Staff Recommendation
It is recommended that the Council uphold this condition of approval created by the
Planning Commission.
ALTERNATIVES:
The following alternatives are presented for Council consideration:
1. Adopt the attached Resolution upholding the appeal, thereby approving
Conditional Use Permit 06-002, but changing conditions of approval consistent
with staff recommendations regarding the modified project and waiving
associated impact fees;
2. Adopt the attached Resolution upholding the appeal, thereby approving
Conditional Use Permit 06-002, but changing conditions of approval consistent
with the modified project without waiving associated impact fees;
3. Do not adopt the attached Resolution, tentatively denying the appeal, thereby
approving Conditional Use Permit 06-002 based upon the original project and
without changing conditions of approval or waiving associated impact fees;
4. Provide direction to staff
Attachments:
1. Planning Commission staff report of September 19, 2006
2. Planning Commission Resolution 06-2017
3. Letters from Oasis Landscape Architecture and Planning dated November 3,
2006 and November 17, 2006
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE UPHOLDING THE APPEAL OF THE PLANNING
COMMISSION'S APPROVAL, THEREBY APPROVING CONDITIONAL
USE PERMIT 06-002, BUT CHANGING CONDITIONS OF APPROVAL
CONSISTENT WITH STAFF RECOMMENDATIONS REGARDING THE
MODIFIED PROJECT AND WAIVING ASSOCIATED IMPACT FEES
WHEREAS, the Planning Commission of the City of Arroyo Grande adopted a Resolution
approving the application for Conditional Use Permit 06-006 at a hearing on October 3,
2006 in accordance with the Municipal Code of the City of Arroyo Grande; and
WHEREAS, the applicant filed an appeal of the Planning Commission's decision related
to conditions of approval the application for Conditional Use Permit 06-006 on October
13,2006; and
WHEREAS, the City Council of the City of Arroyo Grande has considered this appeal at a
public hearing on November 28, 2006 in accordance with the Municipal Code of the City
of Arroyo Grande; and
WHEREAS, the City Council finds, after due study and deliberation, that the following
circumstances exist:
FINDINGS FOR APPROVAL
Conditional Use Permit Findings:
1. The proposed use is permitted within the Public Facility district pursuant to the
provision of the Development Code section 16.44.040, and complies with all
applicable provisions of the Development Code, the goals and objectives of the
Arroyo Grande General Plan, and the development policies and standards of the
City.
2. The proposed use will not impair the integrity and character of the district in which
it is to be established or located since similar buildings and uses such as the Bus
Barn are located in the area.
3. The site is suitable for the type and intensity of use or development that is
proposed since the property is located on School District property and is
approximately seven acres in area.
4. There are adequate provisions for water, sanitation, public utilities and services
provided to ensure the public health and safety due to existing and project
improved infrastructure. .
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 is in line with the Development Code and current uses on the site.
RESOLUTION NO.
PAGE 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby and approves Conditional Use Permit Case No. 06-006 with the above
findings and subject to the conditions as set forth in Exhibit "A", attached hereto and
incorporated herein by this reference.
On a motion by Council Member , seconded by Council Member
, and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 28th day of November 2006.
RESOLUTION NO.
PAGE 3
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
PAGE 4
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 06-006
LUCIA MAR UNIFIED SCHOOL DISTRICT
STANLEY AVENUE AND BRANCH STREET
COMMUNITY DEVELOPMENT DEPARTMENT
GFNFRAI CONnlTIONS
This approval authorizes the construction of a maintenance and operational facility
consisting of a 36' x 200' building and three modular office buildings. The site will also
include paving of the existing unimproved road and provision of public and employee
parking.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project. .
2. The applicant shall comply with all conditions of approval for Conditional use
Permit Case No. 06-006.
3. This application shall automatically expire two years after Planning Commission
approval unless a building permit is issued. Thirty (30) days prior to the expiration
of the approval, the applicant may apply for an extension of one (1) year from the
original date of expiration.
4. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at the meeting of October 3, 2006.
5. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof,
or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attorney's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition.
ARCHITECTURAL REVIEW
6. A licensed landscape architect shall develop a landscape plan for review by the
Architectural Review Committee and subsequent approval by the Director of
Parks, Recreation and Facilities and the Community Development Director based
upon input given at the ARC meeting related to screening of the chain-link fence
and the maintenance building.
RESOLUTION NO.
PAGE 5
BUILDING & FIRE DEPARTMENT
STANDARD CONDITIONS
BUILDING CODFS
7. The project shall comply with the most recent editions of all California Building and
Fire Codes, as adopted by the City of Arroyo Grande.
DISARI FO ACCFSS
8. Provide complete compliance with State and Federal disabled access
requirements.
FIRF I ANFS
9. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FIRF FlOW/FIRE HYDRANTS
10. Project shall have a fire flow based on the California Fire Code appendix III-A.
11. Prior to combustible materials being placed on site, fire hydrants shall be
installed, per Fire Department and Public Works Department standards.
SECURITY KEY ROX
12. Prior to Occupancy, applicant must provide an approved "security key vault," per
Building and Fire Department guidelines.
FIRF SPRINKI FRS
13. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire
Department guidelines.
14. Provide Fire Department approved access or sprinkler system per National Fire
Protection Association Standards.
ARANOONMFNT/NON-CONFORMING
15. Prior to map recordation, issuance of a grading permit or building permit,
whichever occurs first, applicant shall show proof of properly abandoning all
non-conforming items such as septic tanks, wells, underground piping and other
undesirable conditions.
RESOLUTION NO.
PAGE 6
DFMOI ITION PERMIT
16. Prior to issuance of a building permit, a demolition permit must be applied for,
approved and issued. Development fees resulting from demolition will be
appropriately credited to the property.
OTHFR APPROVAl S
17. Any review costs generated by outside consultants, shall be paid by the applicant.
PlIRLlC WORKS DEPARTMENT CONnlTIONS
All Public Works Department conditions of approval as listed below are to be complied
with prior to recording the map, unless specifically noted otherwise.
SPFCIAI CONDITIONS
18. Improvements to Stanley Avenue shall be as follows
. Minimum 24 foot pavement width from intersection of Branch Street and Stanley
to dead end.
'. TI of 6.5 and an R-value test, but not to be less than 3" of asphalt over 6" of
Class II base.
. Decomposed granite pedestrian path from Branch Street intersection to dead
end, one side only.
. Speed table with cross walk adjacent to Transportation Yard/basketball courts.
. District will not request City to maintain improvements to Stanley Avenue.
19. Upgrade the existing fire hydrant to City standards.
20. Install a backflow prevention device on the water service.
21. Install a commercial fire sprinkler system per City standards.
22. Upgrade the existing drainage structure and discharge pipe at the end of Stanley
Avenue by:
. Installing a filter system consisting of a biofiltration swale, fossil filter, or similar
improvement;
. Constructing improvements necessary to correct any existing or future
conditions causing erosion to the creek bank; and
. Proposed drainage improvements require approval of the Director of Public
Works, as well as all applicable regional, State and Federal regulatory agencies.
GFNFRAI CONDITIONS
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23. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or
RESOLUTION NO.
PAGE 7
as directed by the Director of Community Development or the Director of Public
Works.
24. 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 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.
IMPROVFMFNT PI ANS
25. All project improvements shall be designed and constructed in accordance with the
City of Arroyo Grande Standard Drawings and Specifications.
26. Submit four (4) full-size paper copies and one (1) full-size Mylar copy of approved
improvement plans for inspection purposes during construction.
27. Submit as-built plans at the completion of the project or improvements as directed
by the Director of Public Works. One (1) set of Mylar prints and an electronic
version on CD in AutoCAD format shall be required.
28. The following Improvement plans shall be prepared by a registered Civil Engineer
and approved by the Public Works Department:
a. Grading, drainage and erosion control,
b. Street paving, curb, gutter and sidewalk,
c. Public utilities,
d. Water and sewer,
e. Landscaping and irrigation,
f. Any other improvements as required by the Director of Public Works
29. The site plan shall include the following:
a. The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
b. The location, quantity and size of all existing and proposed sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the property.
e. The location and dimension of all existing and proposed paved areas.
f. The location of all existing and proposed public or private utilities.
30. Improvement plans shall include plan and profile of existing and proposed streets,
utilities and retaining walls.
RESOLUTION NO.
PAGE 8
WATFR
31. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
32. Existing water services to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Director of Public Works.
33. The applicant shall complete. measures to neutralize the estimated increase in
water demand created by the project by either:
a. Implement an individual water program consisting of retrofitting existing
high-flow plumbing fixtures with low flow devices. The calculations shall be
submitted to the Director of Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council for
approval prior to implementation; OR,
b. The applicant may pay an in lieu fee of $2,200 for each new residential unit.
SEWER
34. Each parcel shall be provided a separate sewer lateral.
35. All sewer laterals within the public right of way must have a minimum slope of 2%.
36. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
37. Existing sewer laterals to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Director of Public Works.
38. Obtain approval from the South County Sanitation District for the development's
impact to District facilities prior to issuance of a building permit.
PIJRIIC IJTIIITIFS
39 Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
40. Underground improvements shall be installed prior to street paving.
41. Submit all improvement plans to the public utility companies for approval and
comment. Utility comments shall be forwarded to the Director of Public Works for
approval.
42. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
RESOLUTION NO.
PAGE 9
STREETS
43. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned
and filled with epoxy.
44. All street repairs shall be constructed to City standards.
45. Overlay, slurry seal, or fog seal any roads dedicated to the City as directed by the
Director of Public Works prior to acceptance by the City.
CURB, C,IJTTFR ANn SlnFWAI K
46. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
c,RAnINc,
47. Perform all grading in conformance with the City Grading Ordinance.
48. 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.
49. Submit all retaining wall calculations for review and approval by the Director of
Public Works for walls not constructed per City standards.
50. Submit an erosion control plan for review and approval.
DRAINAC,F
51. All drainage facilities shall be designed to accommodate a 1 DO-year storm flow.
52. All drainage facilities shall be in accordance with the Drainage Master Plan.
nFnlCATIONS AND FASFMFNTS
53. All easements, abandonments, or similar documents to be recorded as a
document shall be prepared by the applicant on 8 1/2 x 11 City standard forms,
and shall include legal descriptions, sketches, closure calculations, and a current
preliminary title report. The applicant shall be responsible for all required fees,
including any additional required City processing.
PERMITS
54. 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,
RESOLUTION NO.
PAGE 10
c. Stockpiling material in the City right of way,
d. Storing equipment in the City right of way.
55. Obtain a grading permit prior to commencement of any grading operations on site.
FFFS
56. The City will waive impact fees but the applicant shall pay all applicable City
inspection and permit fees.
57. Submit an engineer's estimate of quantities for public improvements for review by
the Director of Public Works.
AGRFFMFNTS
58. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
improvements.
PRIOR TO ISSUING A RIIII DING PERMIT
59. The Public Works improvements plans shall be approved.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
60. All utilities shall be operational.
PLANNING COMMISSION
61. The Bus Barn environmental hazard plan shall be utilized to address concerns
regarding storage of materials as well as mitigation for storm water pollutant runoff;
this plan shall be submitted to the Community Development Department for their
review; if the Community Development Department has any questions, the plan
shall come back to the Planning Commission for further review.
62. Stanley Avenue improvements shall be made to the end of the street and traffic
calming measures should be initiated.
63. It shall comply with all creek setback codes.
64. The project shall return to the Architectural Review Committee for final color
selection.
65. Drainage shall comply with condition of approval # 22.
66. Street and parking lot trees and an irrigation plan (shall include sponge areas
around the trees). Shall be required to the satisfaction of the Architectural Review
RESOLUTION NO.
PAGE 11
Committee.
HEARING DATE: APRIL 18, 20061'
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PLANNING COMMISSION MEETING
FILEIINDEX:
Conditional Use Permit 06-006
ApPLICANT:
Lucia Mar Unified School District
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REPRESENTATIVE:
Kevin Baker, Director Facilities, Maintenance and Operations
Between' East Branch Street and Stanley Avenue (Paulding
Middle School and the Bus Barn)
LOCATION:
PROPOSAL:
Construction of a maintenance and operational facility
consisting of a 36' x 200' building and three modular office
buildings.
PROJECT PLANNER:
Jim Bergman, Megan Meier
NOTIFICATION:
Public Hearing Notices sent on September 8, 2006. Notice of
Public Hearing was published in the Tribune. A public hearing
notice was sent to Tribune. Staff has not received any written
or verbal correspondence to date regarding the project.
-1-
Planning Commission
September 19, 2006
CUP 06-006
ENVIRONMENTAL ASSESSMENT
Staff has reviewed this project in compliance with the California Environmental Quality Act
(CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and Procedures for
Implementation of CEQA. Based on the review, staff found the proposal to be exempt
under section 15314 of the CEQA guidelines, which state:
Class 14 consists of minor additions to existing schools within existing school grounds
where the addition does not increase original student capacity by more than 25% or ten
classrooms, whichever is less. The addition of portable classrooms is included in this
exemption.
BACKGROUND
The School District proposes a maintenance and operational facility consisting of a 36' x
200' metal building and three modular office buildings adjacent to Paulding Middle
School and the "Bus Barn." The district started construction under the belief that final
approval authority rested with the State of California, however, it has now been
determined that final review and approval authority for this facility rests with the City of
Arroyo Grande. Improvements completed to date include placement of the three
modular office buildings and excavation work associated with the foundation of the
proposed metal building.
PROJECT DESCRIPTION
The proposed maintenance facility will be accessed from Stanley Avenue and will
include paving of the existing unimproved road and provision of public and employee
parking (See Attachment 1, site plan and Attachment 2, aerial photograph). The
proposed modular offices have been moved into place and are illustrated in Attachment
3. The proposed maintenance building is similar in style to the Bus Barn and will be
constructed of prefabricated structural panels. The building will have six roll-up bay
doors and an entry door and a single window (See Attachment 4, photograph of similar
metal building). The roof has a slight pitch with gable ends and a maximum height of 14
feet. Color samples and structural drawings will be available for review at the meeting.
ARCHITECTURAL REVIEW COMMITTEE (ARC)
The ARC considered the proposed maintenance facility on September 11, 2006 and
made the following recommendations which have been incorporated as conditions of
approval:
. The proposed chain-link fence shall be planted with an evergreen vine.
. Evergreen trees, preferably California Coastal Redwoods shall be planted
around the side and rear perimeter of the building every 20' on center.
. A row of evergreen trees shall be planted along the south side of Branch
Street property line at the guardrail.
-2-
Planning Commission
September 19, 2006
CUP 06-006
RECOMMENDATION
Staff recommends that the Planning Commission adopt the attached resolution,
approving CUP 06-006
Attachments:
1. Site plans
2. Aerial photograph
3. Photograph of modular office buildings
4. Photograph of a similar metal building
-3-
ATTACHMENT 1
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ATTACHMENT 4
RESOLUTION NO. 06-2017
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE, APPROVING
CONDITIONAL USE PERMIT CASE NO. 06-006, APPLIED
FOR BY LUCIA MAR UNIFIED SCHOOL DISTRICT,
LOCATED AT STANLEY AVE. AND BRANCH STREET
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WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit 06-006, filed by Lucia Mar Unified School District, to construct a
7,200 square foot maintenance and operational facility consisting of three modular office
buildings and a 36'x200' prefabricated metal building
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and the environmental documents associated therewith; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA) and has determined that the project is
categorically exempt pursuant to Section 15314 of the CEQA Guidelines; and
WHEREAS, the Planning Commission finds after due study, deliberation and public
hearing, the following circumstances exist:
Conditional Use Permit Findings:
1. The proposed use is permitted within the Public Facility district pursuant to the
provision of the Development Code section16.44.040, and complies with all
applicable provisions of the Development Code, the goals and objectives of the
Arroyo Grande General Plan, and the development policies and standards of the
City.
2. The proposed use will not impair the integrity and character of the district in which
it is to be established or located. Like buildings are located in the area, such as the
Bus Barn.
3. The site is suitable for the type and intensity of use or development that is
proposed.
4. There are adequate provISions for water, sanitation, and public utilities and
services to ensure the public health and safety.
5. The proposed use will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties and improvements in the vicinity. The proposed
use is in line with the Development Code and current uses on the site.
RESOLUTION NO. 06-2017
OCTOBER 3, 2006
PAGE 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Conditional Use Permit 06-006, 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 Commissioner Parker, seconded by Commissioner Brown, and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Commissioners Parker, Brown, Ray and Chair Fellows
Commissioner Tait
None
the foregoing Resolution was adopted this 3rd day of October 2006.
ATTEST:
L YN REARDON-SMITH,
SECRETARY TO THE COMMISSION
CHUCK FELLOWS, CHAIR
AS TO CONTENT:
ROB STRONG,
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO. 06-2017
OCTOBER 3, 2006
PAGE 3
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 06-006
LUCIA MAR UNIFIED SCHOOL DISTRICT
STANLEY AVENUE AND BRANCH STREET
COMMUNITY DEVELOPMENT nFPARTMFNT
GENFRAI CONOITIONS
,
This approval authorizes the Construction of a maintenance and operational facility
consisting of a 36' x 200' building and three modular office buildings. The site will also
include paving of the existing unimproved road and provision of public and employee
parking.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Conditional use
Permit Case No. 06-006.
3. This application shall automatically expire two years after Planning Commission
approval unless a building permit is issued. Thirty (30) days prior to the expiration
of the approval, the applicant may apply for an extension of one (1) year from the
original date of expiration.
4. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at the meeting of October 3, 2006.
5. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof,
or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attorney's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition.
ARCHITFCTIJRAI RFVIFW
6. The proposed chain-link fence shall be planted with an evergreen vine.
7. Evergreen trees, preferably California Coastal Redwoods shall be planted around
the side and rear perimeter of the building every 20' on center
RESOLUTION NO. 06-2017
OCTOBER 3, 2006
PAGE 4
8. A row of evergreen trees shall be planted along the south side of Branch Street
property line at the guardrail in a manner that effectively screens the development
from view of motorist on Highway 227.
RIJILDING & FIRF DFPARTMENT
STANDARD CONDITIONS
FUJII DING COOFS
9. The project shall comply with the most recent editions of all California Building and
Fire Codes, as adopted by the City of Arroyo Grande.
OISARI ED ACCFSS
10. Provide complete compliance with State and Federal disabled access
requirements.
FIRF lANES
11. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FIRF FI OW/FIRF HYORANTS
12. Project shall have a fire flow based on the California Fire Code appendix III-A.
13. Prior to combustible materials being placed on site, fire hydrants shall be
installed, per Fire Department and Public Works Department standards.
SFCLJRITY KFY ROX
14. Prior to Occupancy, applicant must provide an approved "security key vault," per
Building and Fire Department guidelines.
FIRF SPRINKI FRS
15. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire
Department guidelines.
16. Provide Fire Department approved access or sprinkler system per National Fire
Protection Association Standards.
RESOLUTION NO. 06-2017
OCTOBER 3, 2006
PAGE 5
ARANnONMFNT/NON-CONFORMING
17. Prior to map recordation, issuance of a grading permit or building permit,
whichever occurs first, applicant shall show proof of properly abandoning all
non-conforming items such as septic tanks, wells, underground piping and other
undesirable conditions.
nFMOI ITION PERMIT
18. Prior to issuance of a building permit, a demolition permit must be applied for,
approved and issued. Development fees resulting from demolition will be
appropriately credited to the property.
OTHFR APPROVAl S
19. Any review costs generated by outside consultants, shall be paid by the applicant.
FFFS TO RF PAin PRIOR TO ISSl JANCF OF A RlJlLDING PFRMIT
20. Water Meter, service main, distribution, and availability fees, to be based on
codes and rates in effect at the time of building permit issuance.
21. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect
at the time of building permit issuance.
PUBLIC WORKS DEPARTMF=NT CONDITIONS
All Public Works Department conditions of approval as listed below are to be complied
with prior to recording the map, unless specifically noted otherwise.
SPFCIAI CONnlTIONS
22. Install curb, gutter, and sidewalk on both sides of Stanley Avenue to grades and
alignments approved by the Director of Public Works.
23. Pave Stanley Avenue from the intersection with Branch Street to the dead end.
Street structural sections shall be determined by a TI of 6.5 and an R-Value soil
test, but shall not be less than 3" of asphalt and 6" of Class II AB.
24. Upgrade the existing fire hydrant to City standards.
25. Install a backflow prevention device on the water service.
26. Install a commercial fire sprinkler system per City standards.
RESOLUTION NO. 06-2017
OCTOBER 3, 2006
PAGE 6
27. Upgrade the existing drainage structure and discharge pipe at the end of Stanley
Avenue with a City standard drop inlet with fossil filter, new discharge pipe, and
energy dissipater.
28. Connect the buildings to the existing sewer main at the southern end of Stanley
Avenue.
29. Install all other improvements as required by the Director of Public Works.
GFNFRAI CONDITIONS
30. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or .
as directed by the Director of Community Development or the Director of Public
Works.
31. 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 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.
IMPROVFMFNT PI ANS
32. All project improvements shall be designed and constructed in accordance with the
City of Arroyo Grande Standard Drawings and Specifications.
33. Submit four (4) full-size paper copies and one (1) full-size Mylar copy of approved
improvement plans for inspection purposes during construction.
34. Submit as-built plans at the completion of the project or improvements as directed
by the Director of Public Works. One (1) set of Mylar prints and an electronic
version on CD in AutoCAD format shall be required.
35. The following Improvement plans shall be prepared by a registered Civil Engineer
and approved by the Public Works Department:
a. Grading, drainage and erosion control,
b. Street paving, curb, gutter and sidewalk,
c. Public utilities,
d. Water and sewer,
e. Landscaping and irrigation,
f. Any other improvements as required by the Director of Public Works
RESOLUTION NO. 06-2017
OCTOBER 3, 2006
PAGE 7
36. The site plan shall include the following:
a. The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
b. The location, quantity and size of all existing and proposed sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the property.
e. The location and dimension of all existing and proposed paved areas.
f. The location of all existing and proposed public or private utilities.
37. Improvement plans shall include plan and profile of existing and proposed streets,
utilities and retaining walls.
38. Landscape and irrigation plans are required for landscaping within the public right
of way, and shall be approved by the Community Development and Parks and
Recreation Departments. In addition, The Director of Public Works shall approve
any landscaping or irrigation within a public right of way or otherwise to be
maintained by the City.
WATFR
39. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
40. Existing water services to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Director of Public Works.
41. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
a. Implement an individual water program consisting of retrofitting existing
high-flow plumbing fixtures with low flow devices. The calculations shall be
submitted to the Director of Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council for
approval prior to implementation; OR,
b. The applicant may pay an in lieu fee of $2,200 for each new residential unit.
SFWFR
42. Each parcel shall be provided a separate sewer lateral.
43. All sewer laterals within the public right of way must have a minimum slope of 2%.
44. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
RESOLUTION NO. 06-2017
OCTOBER 3, 2006
PAGE 8
45. Existing sewer laterals to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Director of Public Works.
46. Obtain approval from the South County Sanitation District for the development's
impact to District facilities prior to issuance of a building permit.
PIJRIIC lJTILlTIES
47. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
48. Underground improvements shall be installed prior to street paving.
49. Submit all improvement plans to the public utility companies for approval and
comment. Utility comments shall be forwarded to the Director of Public Works for
approval.
50. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
STRFFTS
51. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned
and filled with epoxy.
52. All street repairs shall be constructed to City standards.
53. Overlay, slurry seal, or fog seal any roads dedicated to the City as directed by the
Director of Public Works prior to acceptance by the City.
54. Streets that shall be designated as a local streets shall adhere to the following
design standards:
a. 40 feet street width from curb to curb.
b. Concrete curb, gutter, and sidewalk on both sides of the street.
c. 52 feet wide right-of-way.
d. 25 mile per hour design speed.
ClJRR GlJTTER AND SIOFWAI K
55. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
56. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to
prevent damage due to root growth.
RESOLUTION NO. 06-2017
OCTOBER 3, 2006
PAGE 9
GRAOING
57. Perform all grading in conformance with the City Grading Ordinance.
58. 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.
59. Submit all retaining wall calculations for review and approval by the Director of
Public Works for walls not constructed per City standards.
60. Submit an erosion control plan for review and approval.
DRAINAGF
61. All drainage facilities shall be designed to accommodate a 1 DO-year storm flow.
62. All drainage facilities shall be in accordance with the Drainage Master Plan.
OFOICATIONS AND FASFMFNTS
63. All easements, abandonments, or similar documents to be recorded as a
document shall be prepared by the applicant on 8 1/2 x 11 City standard forms,
and shall include legal descriptions, sketches, closure calculations, and a current
preliminary title report. The applicant shall be responsible for all required fees,
including any additional required City processing.
PFRMITS
64. Obtain an encroachment permit prior to performing any of the following:
a. Performing work in the City right of way,
b. Staging work in the City right of way,
c. Stockpiling material in the City right of way,
d. Storing equipment in the City right of way.
65. Obtain a grading permit prior to commencement of any grading operations on site.
FFFS
66. Pay all required City fees at the time they are due.
67. Fees to be paid prior to plan approval:
a. Plan check for grading plans based on an approved earthwork estimate.
RESOLUTION NO. 06-2017
OCTOBER 3, 2006
PAGE 10
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 subdivision or public works construction plans based on
an approved construction cost estimate.
68. Submit an engineer's estimate of quantities for public improvements for review by
the Director of Public Works.
69. Impact fees to specific capital improvement projects as determined by the Director
of Public Works.
AGRFFMFNTS
70. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
improvements.
PRIOR TO ISSUING A BUILDING PFRMIT
71. The Public Works improvements plans shall be approved.
PRIOR TO ISSUING A CERTIFICATF OF OCCUPANCY
72. .AII utilities shall be operational.
73. Prior to issuing a certificate of occupancy for the project, all improvements shall be
fully constructed and accepted by the City.
PLANNING COMMISSION
74. The Bus Barn environmental hazard plan shall be utilized to address concerns
regarding storage of materials as well as mitigation for storm water pollutant runoff;
this plan shall be submitted to the Community Development Department for their
review; if the Community Development Department has any questions, the plan
shall come back to the Planning Commission for further review.
75. Stanley Street improvements shall be made to the end of the street and traffic
calming measures should be initiated.
76. It shall comply with all creek setback codes.
77. The project shall return to the Architectural Review Committee for final color
selection.
RESOLUTION NO. 06-2017
OCTOBER 3, 2006
PAGE 11
78. A retention basin shall be placed on-site.
79. An off-site drop-inlet fossil filter for drainage shall be installed to the satisfaction of
the Director of Public Works.
80. Street and parking lot trees and an irrigation plan (shall include sponge areas
around the trees). Shall be required to the satisfaction of the Architectural Review
Committee.
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LANDSCAPE
ARCHITECTURE
AND PLANNING
03 November 2006
RECEI'JED
Mr. Rob Strong, Director Community Development
CITY OF ARROYO GRANDE
214 E. Branch Street
Arroyo Grande, CA 9342 I
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RE: LUCIA MAR UNIFIED SCHOOL DISTRICT - CUP 06-006
PROPOSED OPERATIONS & MAINTENANCE FACILITY
'Dear Rob,
On Friday, October 13, 2006, we filed an appeal of the Planning Commission's decision
regarding the ,aforementioned project on behalf of our client, the Lucia Mar Unified School
District (District). This correspondence is intended to clarify the District's position regarding the
conditions of approval set forth in Exhibit A of the Planning Commission Resolution as they
relate to the 7,200 square foot operations and maintenance (O&M) facility. The District intends to
submit an application for the re-Iocatable buildings directly to the Division of State Architects.
While the School District has decided to continue to process the O&M facility through the City,
they are requesting relief from and/or modification of a number of the conditions imposed by the
Planning Commission. The following represents a listing of each condition and a corresponding
comment. You will find that the District is willing to comply with the majority of conditions as
written, asks for minor modifications to a few conditions, and lastly, is requesting relief of some
permit and impact fees, as noted. We have assembled the design team and are diligently pursuing
the preparation of the requisite analysis and plan work.
ConditionlNo.
General Conditions
1.-5.
Comment
District concurs with these conditions.
Architectural Review
. '6:-:':'8:'..
District requests that they be allowed to have the
flexibility/creativity to prepare a landscape screening plan that
addresses the objective of these three conditions w/o dictating
specific location, species, and spacing.
Building & Fire
9.-17.
18.
19.
District concurs with these conditions.
Demolition permit N/A.
District assumes that no outside consultants retained by City will.
be required.
805.54104SQ9
FAX 805.546.0525
3427 MIGUELlTO CT
SAN LUIS OBISPO
CALIFORNIA 93401
~Zl.&.cv.JlB.<;IC'
OASIS ASSOCIATES, INe.
03 November 2006
LMUSD O&M Facility Appeal
Page 2 of4
Condition/No.
Fees"" 0" _._~-......
~..- )
U().&21. .
Comment
District anticipates purchase of a new water meter. Based upon
the demolition of the existing O&M facility and retirement of
restroom facilities at both the O&M facility and AGHS campus,
the District asks that the sewer hook-up & facility fees be
waived.
Public Works - Soecial Conditions
~2:) Pursuant to discussions with the Public Works Director, the
District will implement the following improvements.
. Minimum 24 foot pavement width from intersection of
Branch Street and Stanley to dead end.
. TI of 6.5 and an R-value test, but not to be less than 3"
of asphalt over 6" of Class II base.
. Decomposed granite pedestrian path from Branch Street
intersection to dead end, one side only.
. Speed table with cross walk adjacent to Transportation
Yardlbasketball courts.
District will not request City to maintain improvements to
Stanley Road.
28.
U>.:J
District concurs with these conditions as they apply to the O&M
building.
District has retained a civil engineer to conduct a comprehensive
drainage analysis. The analysis mav include the need to upgrade
the ex. drainage structure, etc. District requests that this
condition simply require that the drainage analysis be prepared
and that recommendations be implemented in coordination with
the Public Works Director.
District concurs with these conditions.
District intends to coordinate directly with Public Works
Director, but anticipates that no other improvements beyond
those identified will be required.
24. - 26.
'-..21:':,
General Conditions
30. & 31.
District concurs with these conditions.
Imorovement Plans
32.
33. - 37.
District will design improvements to City standards unless
authorized by Public Works Director.
District concurs with these conditions.
e30
District requests deletion of this condition. See additional
response to request for landscaping above (nos. 6. - 8.)
805.541.4509
FAX 805.546.0525
3427 MIGUEUTO CT
SAN LUIS OBISPO
CALIFORNIA 93401
lllAZlQ.ClA.I!t.9/P
OASIS ASSOCIATES, INC.
03 November 2006
LMUSD O&M Facility Appeal
Page 3 of4
ConditionlNo.
Water
39. & 40.
~
Sewer
42. - 46
Public Utilities
47.
48. - 50.
Streets
51. & 52.
C 53:~
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Curb. Gutter. Sidewalk
55.
56.
Grading
57. - 60.
Drainage
61. & 62.
Dedications/Easements
63.
Permits
C 64:&'6P
Fees
67. a., b. & d.
~,A.'7
-'68.
69.
805.541.4509
FAX 805.546.0525
3427 MIGUELITO CT
SAN LUIS OBISPO
CALIFORNIA 93401
R......Z14a.CU\IlfI.~7
Comment
District concurs with these conditions, if applicable.
District concurs with item a., based upon retirement of ex.
plumbing fixtures and installation of new low-flow fixtures.
District requests deletion of item b. as it is N/ A.
District concurs with these conditions, if applicable.
District understands this to include only undergrounding from
the existing PP to the O&M facility.
District concurs with these conditions should they apply.
District concurs with these conditions, if applicable.
District assumes that since no roadway will be dedicated to the
City that this condition is N/ A.
See response to condition no. 22. & 23,
District concurs with this condition, if applicable.
District request deletion of this condition as it is N/A.
District concurs with these conditions, if applicable
District concurs with these conditions.
District concurs with this condition, if applicable.
District requests that permit fees be waived.
District concurs with payment of these fees.
District requests that this fee be waived.
District request deletion of this condition.
District requests that impact fees be waived based upon no net
increase in facilities (i.e., demolition and relocation of existing
facilities).
OASIS ASSOCIATES, INe.
03 November 2006
LMUSD O&M Facility Appeal
Page 4 of4
ConditionlNo.
Agreement
70.
Prior to Bldg. Permit
71.
Comment
District concurs with this condition.
District concurs with this condition.
Prior to Bldg. Permit
72.
CD
District concurs with this condition.
District concurs with this condition except for City acceptance of
roadway improvements. See condition nos. 22. & 23.
Thank you for your consideration of the District's appeal request. We appreciate that City staff
has been willing to work with us toward a mutually agreeable solution. Please do not hesitate to
contact me should you require any clarification prior to the City Council hearing.
Respectfully,
OASIS ASSOCIATES, INC.
C.M. Florence, AICP Agent
LUCIA MAR UNIFIED SCHOOL DISTRICT
c: Superintendent D. Flores
K. Baker/Director F,M&O
A. Palazzo/PSMS
805.541.4509
FAX 805.54().0525
3427 MIGUELITO CT
SAN LUIS OBISPO
CALIFORNIA 93401
~22".ClAAI.<;1(l7
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o A S IS
LANDSCAPE
ARCHITECTURE
ANI:? PLANNING
17 November 2006
Mr. Rob Strong, Director Community Development
CITY OF ARROYO GRANDE
214 E. Branch Street
Arroyo Grande, CA 93421
RE: LUCIA MAR UNIFIED SCHOOL DISTRICT - CUP 06-006
PROPOSED OPERA nONS & MAINTENANCE FACILITY
Dear Rob,
In addition to our assessment of CUP 06-006 Exhibit A - Conditions of Approval dated 03
November 2006, please accept our comments on the conditions imposed by the Planning
Commission during the September 19, 2006 hearing. We would appreciate incorporating these
comments into your staff report for the upcoming City Council hearing, scheduled for Tuesday,
28 November 2006.
ConditionINo.
Comment
Planning Commission
74.
75.
76.
77.
78. & 79.
805.541.4509
FAX 805.546.0525
3427 MIGUELlTO CT
SAN LUIS 081SPO
CALIFORNIA 93401
1'll.A.224&.Ct.ARa,907
District concurs with this condition.
Pursuant to discussions with the Public Works Director, the
District will implement the following improvements.
. Minimum 24-foot pavement width from intersection of
Branch Street and Stanley to dead end.
. TI of 6.5 and an R-value test, but not to be less than 3"
of asphalt over 6" of Class II base.
. Decomposed granite pedestrian path from Branch Street
intersection to dead end, one side only.
. Speed table with cross walk adjacent to Transportation
Yard/basketball courts.
District will not request that the City maintain improvements to
Stanley Road.
District concurs with this condition.
District requests that the 0 & M facility building color be
reviewed by the Director of the Community Development
Department and not the ARC.
District has retained a civil engineer to conduct a
comprehensive drainage analysis. The analysis may include
the need for a retention basin, off-site drop-inlet fossil filter
etc. District requests that this condition simply require that
the drainage analysis be prepared and that
OASIS ASSOCIATES, INC.
17 November 2006
LMUSD O&M Facility Appeal
Page 2 of2
80.
recommendations be implemented in coordination with the
Public Works Director.
District requests that they be allowed to have the
flexibility/creativity to prepare a comprehensive landscape
plan that addresses the objective of this condition and
condition nos.6. - 8. District also requests that these plans
be prepared to the satisfaction of the Director of the
Community Development Department as opposed to the
ARC.
Thank you for your consideration of the District's appeal request. We continue to appreciate that
City staff has been willing to work with us toward a mutually agreeable solution. Please do not
hesitate to contact me should you require any clarification prior to the City Council hearing.
Respectfully,
OASIS ASSOCIATES, INC.
C.M. Florence, AICP Agent
LUCIA MAR UNIFIED SCHOOL DISTRICT
c: Superintendent D. Flores
K. Baker/Director F,M&O
A. Palazzo/PSMS
805.541.4509
FAX 805.546.0525
3427 MIGUELlTO CT
SAN LUIS 081SPO
CALIFORNIA 93401
IaAn~8.Cl.ARB#907
~
\\Oasis_server\oasis _ data\LMUSD 0 & M\Correspondence\appealresprstrongPC.doc
9.c.
CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
On TUESDAY, NOVEMBER 28, 2006, the Arroyo Grande City Council will conduct a public
hearing at 7:00 P.M. in the COUNCIL CHAMBERS, 215 E. BRANCH STREET, ARROYO
GRANDE to consider the following item:
CASE NO.:
APPLICANT:
LOCATION:
General Plan Amendment Case No. 06-002
City of Arroyo Grande
Citywide
The City Council will consider a proposal which consists of amendments and supplements
to the CirculationlTransportation Element and the Parks and Recreation Element of the
2001 General Plan. This amendment proposes to integrate the 2006 Bikeway and
Pedestrian Enhancement Plan as recommended by the Traffic Commission, Parks and
Recreation Commission, and Planning Commission. The bikeway plan provides for a
complete future network of paths, lanes and routes serving all areas of the City and linking
with County and adjacent districts. It also outlines top priority areas for initial
implementation. The pedestrian enhancement plan identifies 20 areas in need of sidewalks
to improve the safety of routes to schools, parks and public activity areas. The proposed
activity is within the scope of the Program EIR prepared for the 2001 General Plan Update.
The Council may also discuss other hearings or business items before or after the item
listed above. If you challenge the proposed action in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice,
or in written correspondence delivered to the City Council at, or prior to, the public hearing.
Failure of any person to receive the notice shall not constitute grounds for any court to
invalidate the action of the legislative body for which the notice was given.
Information relating to this item is available by contacting the City of Arroyo Grande
Community Development Department at 473-5420. The Council meeting will be televised
live on Charter Cable Channel 20.
WL~/iUoM-
ity Clerk
Publish n, 1/8 page display ad, The Tribune, Friday, November 17,2006
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR~~
SUBJECT: CONSIDERATION OF APPROVAL OF GENERAL PLAN AMENDMENT
CASE NO. 06-002, BIKE AND SIDEWALK/PEDESTRIAN
ENHANCEMENT PLANS
DATE: NOVEMBER 28, 2006
RECOMMENDATION:
It is recommended the City Council adopt a resolution approving General Plan
Amendment Case No. 06-002 to approve the Bike Plan and Sidewalk/Pedestrian
Enhancement Plan along with related amendments to be integrated into the
Circulation/Transportation Element and the Parks and Recreation Element of the 2001
General Plan.
FUNDING:
There are no direct costs to the City created by adoption of this General Plan
Amendment, but individual bikeway, sidewalk and other subsequent implementation
projects outlined in the Plan may involve City funding. To the extent feasible, the City
will coordinate with Capitallniprovement Program street reconstruction, resurfacing and
restriping projects or new developments to accomplish segments of the proposed
network on a phased basis. The Plans will also enable and prioritize City applications
for special grant funds for Bikeways, Safe Routes to Schools and other
circulation/transportation, parks and recreation, and air quality enhancement assistance.
DISCUSSION:
Backaround
During the last four years, the Community Development Department has had several
planning interns work on draft Bike Plans to supplement Circulation/Transportation
Element and Parks and Recreation Elements of the 2001 General Plan. Other priority
assignments diverted staff from completing this important draft supplement until 2006.
Additionally, the Planning Commission has been diverted with several major
development projects and special studies, which prevented necessary study sessions
and public hearings on the bike and pedestrian proposals and implementation program
until 2006.
The draft plans were referred to the Traffic Commission and Parks and Recreation
Commission during April, May and June, including a bus field trip with the Planning
Commission on April 24, 2006. The staff has also received input from SLO County
CITY COUNCIL
CONSIDERATION OF APPROVAL OF GENERAL PLAN AMENDMENT CASE NO.
06-002, BIKE AND PEDESTRIAN PLAN ELEMENTS
NOVEMBER 28, 2006
PAGE 2
Bicycle Coalition and members of the public. Written comments were submitted prior to
the Planning Commission Consideration (Attachment 3).
Based on the comments received, the Planning Commission recommended and both
the Traffic Commission and Parks and Recreation Commission support adoption of the
Bike Plan (Attachment 1) and Sidewalk/Pedestrian Enhancement Plan (Attachment 2)
with minor changes and clarifications suggested by individual members during meeting
discussion. Planning Commission minutes of the August 1, 2006 hearing are
Attachment 4. Staff has integrated these suggestions and changes into a final report
and maps that will be presented at this public hearing, including objective and policy
amendments to both the CirculationlTransportation and Parks and Recreation Elements
of the 2001 General Plan (Exhibit A 1).
The Bike plan provides for a complete future network of paths, lanes and routes serving
all areas of the City and linking with County and other adjacent jurisdictions. It also
outlines the top priority areas for initial implementation. These include East Grand
Avenue, James Way, Tally HolLe Piont, West Branch Street, Traffic Way, Rancho
Parkway, Camino Mercado, Oak Park Boulevard, Farroll Avenue, Courtland Street, Ash,
and Brisco Road.
The Pedestrian Enhancement Plan identifies 20 areas particularly needing sidewalks to
provide "safe routes to schools and parks". Additional focus areas are streets serving
public activity areas, commercial or mixed use districts and connecting routes from
residential neighborhoods to these activity centers or transit.
Environmental Determination:
The Program EIR for the 2001 General Plan Update, including the subject elements
affected by these amendments appears adequate to address Bike and
Sidewalk/Pedestrian Enhancement Plans' adoption and integration. If the City Council
finds any potential for significant adverse impacts after considering the proposed policy
and program refinements and conducting public hearings, it could instead require
preparation of a Mitigated Negative Declaration to outline additional mitigation and
monitoring to avoid or reduce possible impacts to less than significant. In any event,
each implementation project will be subject of a site specific, project specific
environmental determination if it involved new construction rather than repair or
maintenance.
2001 General Plan Obiectives and Policies Amendments to Intearate the 2006 Bike
Plan And Sidewalk/Pedestrian Enhancement Plan
Circulation/Transporlation Element Objectives and Policies Amendments.
. Policy CT 3-3 states:
CITY COUNCIL
CONSIDERATION OF APPROVAL OF GENERAL PLAN AMENDMENT CASE NO.
06-002, BIKE AND PEDESTRIAN PLAN ELEMENTS
NOVEMBER 28, 2006
PAGE 3
"Promote non-motorized bike and pedestrian circulation facilities to serve all
areas of the City and linking with regional systems, with priority coordination with
school, park, transit and major public facilities."
. Policy CT 3-3.3 states:
"Update City Bikeway Plan to meet State guidelines to seek increased regional
and state funding assistance."
. Policy CT 3-4.4 states:
"Plan and prioritize greenway trail network along Arroyo Grande, Tally Ho and
Meadow Creeks and linking with other open space or recreational trails within the
City and region.
. CT Map 3 depicts a path/trail along the entire alignments of Arroyo Grande
Creek, Tally Ho (Corbett Canyon) Creek, Meadow Creek and the East Fork of
Meadow Creek as well as Los Berros and several unnamed tributaries.
While the concept of a creekside greenway trail network may have merit on a few
segments of the creek system, such as along Arroyo Grande and Tally Ho Creeks in the
Village area, it is neither feasible nor desirable to traverse low density residential,
agricultural or environmentally sensitive conservation/open space areas which compose
the major creek network with a continuous path/trail system. Instead, CT Map 3 should
designate only the portion of creeks, which are essential links to circulation and
recreation routes utilizing parallel streets or paths avoiding these potential land use
conflicts and security/safety/privacy concerns. This will clarify the intent of
implementation policy CT 3-4.4 not to require that all creek segments are appropriate
for greenway path/trail development. In particular, the San Luis Obispo County
Agricultural Commissioner has requested that trails bisecting agricultural land use areas
be eliminated unless or until the implied trail easements are acquired from the affected
agricultural property owners.
Policy CT 3-3.3 should be amended to read:
"The Bike and Sidewalk/Pedestrian Enhancement Plans were adopted in 2006
to meet State guidelines, increase regional and State funding assistance, and
prioritize capital improvement and street striping projects to include bike lanes on
all collector or arterial streets where feasible with scheduled resurfacing and
maintenance programs."
CT Map 3 should be amended as described above and as shown on Map Exhibit A2,
which will be presented at the hearing.
Parks and Recreation Element Objectives and Policies Amendments:
. Objective PR4 states:
"A network of recreational trails, bicycle lanes and bikeways should be
established for use by local residents and visitors to the Arroyo Grande Valley."
. Policy PR 4-1 states:
CITY COUNCIL
CONSIDERATION OF APPROVAL OF GENERAL PLAN AMENDMENT CASE NO.
06-002, BIKE AND PEDESTRIAN PLAN ELEMENTS
NOVEMBER 28, 2006
PAGE 4
"Trails should be located generally as shown on Figure PR-2."
. Implementation Measure PR4-1.2 states:
"A regional recreation trail should be established along the Arroyo Grande Creek
greenbelt from Strother Park to the ocean."
. Figure (Map) PR-2 is similar to CT Map 3, which show most creeks and
tributaries as a potential path/trail network. It also illustrates "priority bike routes"
which do not completely coincide with the Bike and Sidewalk/Pedestrian
Enhancement Plans proposals and priorities.
As explained above, the concept of a creekside greenway trail network was initially
proposed in the 1980s, but only short segments of Arroyo Grande Creek in the Village
area have been developed. Another recreational trail traverses the James Way natural
habitat area parallel to the east fork of the Meadow Creek, but not along its banks
where it could cause adverse environmental impacts. As described above, a creekside
greenway trail network is not feasible, nor desirable when it traverses low-density
residential, agricultural or environmentally sensitive conservation open space areas,
which compose the bulk of the major creek network within the City. I nstead of the street
and parallel path routes avoiding potential land use conflicts and secure safety/privacy
concerns should link the appropriate creekside trail segments.
Policy PR-4 should be amended to add:
"Refer to the 2006 Bike Plan and Sidewalk/Pedestrian Plan for more description of
proposals and project priorities."
Implementation Measure PR4-1.2 should be amended to read:
"A creekside path should be encouraged along Arroyo Grande Creek and its
junction with Tally Ho (Corbett Canyon) Creek within the heart of the Village.
Other Creekside recreation trails should be considered where possible to provide
circulation and passive recreation amenities for community-wide and
neighborhood enjoyment compatible with existing and planned land use and
provided that adequate security, safety and privacy can be maintained without
adverse environmental impacts."
Figure (Map) PR-2 should be amended to coincide with CT Map 3 and the above policy
clarification as shown on Map Exhibit A3, which will be presented at the hearing.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1) Adopt a resolution approving General Plan Amendment Case No. 06-002;
2) Do not adopt a resolution approving General Plan Amendment Case No. 06-002;
or
3) Provide direction to staff.
CITY COUNCIL
CONSIDERATION OF APPROVAL OF GENERAL PLAN AMENDMENT CASE NO.
06-002, BIKE AND PEDESTRIAN PLAN ELEMENTS
NOVEMBER 28, 2006
PAGE 5
Attachments:
1. Bike Plan.
2. Sidewalk/Pedestrian Enhancement Plan.
3. Written comments from public, groups and Public Works Department.
4. Planning Commission public hearing minutes of August 1, 2006.
5. SLO County Grand Jury 2005-06 Final Report re "Sharing the Road".
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL APPROVING GENERAL
PLAN AMENDMENT CASE NO. 06-002, TO ADOPT THE BIKE
AND SIDEWALK/PEDESTRIAN ENHANCEMENT PLANS AND
AMEND THE 2001 GENERAL PLAN CIRCULATIONI
TRANSPORTATION & PARKS AND RECREATION ELEMENTS AS
INITIATED BY THE CITY OF ARROYO GRANDE
WHEREAS, the Program EIR prepared for the 2001 General Plan adopted October 9,
2001, evaluated environmental impacts associated with numerous circulation, land use
and parks and recreation proposals, but did not provide for detailed bikeway and
pedestrian enhancement proposals, and
WHEREAS, the Traffic Commission and Parks and Recreation Commission have
reviewed and commented on the draft Bike and Sidewalk/Pedestrian Enhancement
Plans and generally support its adoption and integration into the 2001 General Plan,
and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 1,
2006 and after consideration unanimously recommends to the City Council that the
Bike and Sidewalk/Pedestrian Enhancement Plans be adopted and that the Plans be
integrated into both the Circulation/Transportation and Parks and Recreation Elements
of the 2001 General Plan by policy amendments and references as outlined in attached
Exhibit A 1, and
WHEREAS, the Public Works Department has assisted and will program the priority
projects outlined in the plan for implementation, coordinated with street restriping and
reconstruction where feasible, and each project will be subject to environmental review
and determination in accordance with CEQA, and
WHEREAS, the City Council, after public hearing, consideration of staff report, all
testimony and evidence presented, finds the proposed Bike and Sidewalk/Pedestrian
Enhancement Plans necessary for the public health, safety and welfare and consistent
with amended Circulation/Transportation Element and Parks and Recreation
amendments as set forth as outlined in attached Exhibit A 1,
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves General
Plan Amendment Case No. 06-002, adopting the 2006 Bike and Sidewalk/Pedestrian
Enhancement Plans, copies of which are on file in the Community Development and
Administrative Services Departments, and incorporated herein by this reference as
though set forth in full, and integrates it into the 2001 General Plan
Circulation/Transportation and Parks and Recreation Elements as set forth in Exhibits
A 1-A3 attached hereto.
RESOLUTION NO.
PAGE 2
On motion by Council Member
the following roll call vote, to wit:
, seconded by Council Member
, and by
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 28th day of November 2006.
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RESOLUTION NO.
PAGE 3
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
PAGE 4
Exhibit Al
rirl'11lsllfinn/Tr9nilii:pnrtsdion Rlpmpnt Ampnrlmpntilii:.
Policy CT 3-3.3 should be amended to read:
"The Bike and Sidewalk/Pedestrian Enhancement Plans were adopted in 2006
to meet State guidelines, increase regional and State funding assistance, and
prioritize capital improvement and street striping projects to include bike lanes on
all collector or arterial streets where feasible with scheduled resurfacing and
maintenance programs."
CT Map 3 should be amended as shown in Exhibit A2.
PQrkilii: !loti RPI"rp~dion F]pmpnt OhjPl"tivPilii: !.loll Pnli,.jpilii: Ampnrlmpntilii:-
Policy PR-4 should be amended to add:
"Refer to the 2006 Bikeway and Pedestrian Plan for more description of
proposals and project priorities."
Implementation Measure PR4-1.2 should be amended to read:
"A creekside path should be encouraged along Arroyo Grande Creek and its
junction with Tally Ho (Corbett Canyon) Creek within the heart of the Village.
Other Creekside recreation trails should be considered where possible to provide
circulation and passive recreation amenities for community-wide and
neighborhood enjoyment compatible with existing and planned land use and
provided that adequate security, safety and privacy can be maintained without
adverse environmental impacts."
Figure (Map) PR-2 should be amended as shown in Exhibit A3.
(Note: Exhibits A2 and A3 will be distributed separately before November 28.)
.
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City Council Draft, November 28,2006
ATTACHMENT 1
Arroyo
Grande
Bike Plan
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City of Arroyo Grande
Community Development Department
214 East Branch Street .
Arroyo Grande, CA 93420
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ARROYO GRANDE BIKE PLAN
TABLE OF CONTENTS
1. Introduction...... ...... ......... ............. ............................................ .............. 1
Table 1-1 - Modal Split ......................;.........................................................................3
Table 1-2 - Travel Time to Work.................................................................................. 3
2. Bicycle Network......................................................................................6
3. Bicycle Parking..................................................................................... 11
4. Bicycle Safety, Education, and Outreach.............................................. 14
Appendix A: Existing Conditions............................................................... 16
Table A-1: Summary of Existing Bikeways................................................................. 16
Table A-2: 2001 - 2005 Bicycle Accident Locations ..................................................20
Table A-3: Bike Destinations. ............................. ................................................... ..... 21
Appendix B: Network Improvement Priorities............................................ 23 .
Appendix C: Land Use Map...................................................................... 34
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~ City Council Draft, November 28, 2006
1. INTRODUCTION
PURPOSE
The purpose of the Bike Plan is to improve and encourage bicycle transportation within
the City of Arroyo Grande. It is an effort by the City to develop a comprehensive system
of bikeways and facilities. This is Arroyo Grande's first adopted Bicycle Plan and will be
an important tool in providing current and meaningful policies and proposals to shape
bicycle facilities and planning in the City.
BICYCLING AND ARROYO GRANDE
With raising concerns regarding air pollution, fuel prices, and sedentary lifestyles,
bicycling offers a clean, economic, and healthy transportation mode. Arroyo Grande,
with -its mild climate, community-oriented lifestyle, compact form, convenient location,
and gentle terrain, is ideally suited for bicycling. Through implementation of this plan,
Arroyo Grande residents and visitors will have access to a safe and well-maintained
network of bikeways, linking important destinations throughout the City and region.
THE PLANNING PROCESS
Over the past 5 years, several City staff members and Cal Poly student interns have
worked on preparing a draft Bike Plan for Arroyo Grande. However, numerous other
programs, such as the agricultural conservation study, development code update,
housing element, and economic development strategy, continued to divert Community
Development staff from completion of the Plan. The following document is an
amalgamation of previous drafts brought forward into this functioning document by
current City staff and interns.
The process for development of this plan involved identifying problems and proposing a
vision, goals, objectives, and policies. A widespread public participation approach was
used to gather information about potential bikeways and prioritization.
POLICY FRAMEWORK AND PRIORITIZATION
There are two major components of the 2006 Bike Plan: the Policy Framework and the
Network Improvement Priorities document.
Policy Framework
The policy framework provides the basis for planning bicycle facilities and encouraging
and promoting safe bicycle use. Policies will address the following: network
improvements, parking, facilities, promotion, and education. These goals, objectives,
and policies reflect the City's commitment to making Arroyo Grande a bicycle friendly
city and expanding the transportation options of the City's residents and visitors.
This Plan provides a framework for the city to provide the facilities and promotion
needed to advance bicycling as a viable transportation option. An amendment to the
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City Council Draft, November 28, 2006
Circulationrrransportation element of the General Plan, the Bike Plan will provide
guidance to decision makers and encourage implementation.
Network Improvement Priorities
The prioritization of projects and facility improvements will provide City staff with a set of
tasks to be completed as funds become available. Furthermore, the Network
Improvement Priorities provides preliminary design options for road and bikeway
design, including a map showing where improvements will occur and how a complete
network will provide bicycle connections throughout the City. The text identifies issues
that need to be addressed prior to project funding, such as the need to gain public
support or mitigate impacts.
SETTING
The City of Arroyo Grande is located in the southern portion of San Luis Obispo County
between Los Angeles and San Francisco. The City is immediately adjacent to the cities
of Pismo Beach and Grover Beach, and the unincorporated communities of Oceano and
Halcyon. Nestled in the Arroyo Grande Valley and situated between the Santa Lucia
Mountain Range and the Pacific Ocean, Arroyo Grande's natural surroundings have
attracted thousands of people in search of an outdoor living quality found in very few
other regions.
The City contains 5.5 square miles and has a population of approximately 16,700.
Tourism, retail sales, services, and agriculture form the core of the local economy. With
its favorable climate, relatively flat to gentle hill terrain, family-oriented lifestyle, compact
form, and convenient location to many recreational activities, Arroyo Grande is an
excellent environment forbicycling.
Land Use
Arroyo Grande's "rural heritage" and "small town" character has fostered a managed
growth philosophy where citizens are encouraged to participate in various levels of
government. Mixed-use development is encouraged throughout the city with several
mixed-use zoning designations and specific plans. Unique city resources, such as the
historic Village, Community Hospital, neighborhood schools, Rancho Grande Park,
Strother Park, and the Soto Sports Complex provide "bikable" shopping and recreation
destinations. In addition, the City's employment centers on East Grand Avenue, West
Branch Street, and Halcyon Road, provide "bikable" employment, shopping, and service
destinations. See Appendix C for Land Use Map..
Demographics
Commuting patterns and the City's transportation choices offer insight into the current
conditions of how residents travel to work. Modal split refers to the form of
transportation a person chooses: walking, bicycling, taking the bus, or driving. One of
the major objectives of this Bike Plan is to increase the number of people who choose to
bicycle rather than drive motor vehicles. The modal split and travel time data show an
untapped constituent of potential bicyclists. For every eliminated motor vehicle trip,
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~ City Council Draft, November 28, 2006
there is a quantifiable reduction in air pollution and the other problems associated with
traffic congestion, as well as other increased health and economic benefits.
Modal Split
Modal split data from the 2000 U.S. Census for Arroyo Grande, California, and the
United States is shown in Table 1-1.
Table 1-1 - Modal Split
Mode United States Califomia Arrovo Grande
Bicycle 0.4% 0.8% 1.0%
Drove Alone 75.7% 71.8% 80.3%
Camool 12.2% 14.6% 10.5%
Public Transit 4.7% 5.1% 0.2%
Walked 2.9% 2.9% 1.4%
Other 4.1% 4.8% 6.7%
Source: U.S. Census 2000
Even with no prior bike plan and minimal facility improvements, Arroyo Grande has a
moderately high bicycle mode split-about one percent (1%) of Arroyo Grande
residents use their bicycle to commute. This represents about two times the national
average of four tenths of one percent (.4%) and about twenty-five percent higher than
the state average of eight tenths of one percent (.8%). This reflects a great need to
provide adequate and safe facilities for bicycle travel.
Travel Time to Work
Travel time to work for the United States, California, and Arroyo Grande are shown in
Table 1-2. These figures are important because it indicates the potential number of new
bicycle commuters.
Table 1-2 - Travel Time to Work
Travel Time United States Califomia I>.rrovo Grande
Less than 10 minutes 14.4% 11.5% 22.9%
10 to 19 minutes 30.8% 29.3% 30.4%
20 to 29 minutes 20.3% 19.9% 27.7%
30 to 39 minutes 15.8% 17.1% 10.4%
40 or more minutes 18.7% 22.2% 8.6%
Source: U.S. Census 2000
Approximately 23% of Arroyo Grande residents have a commute of less than 10
minutes. This percentage represents about 1,500 residents who live close to their work.
For many of these commuters, riding their bike to work would be a fast and reasonable
method of travel.
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RELATED PLANS
Since 1988, Arroyo Grande's long-range plans have promoted the use of alternative
forms of transportation. Not only does the City's General Plan promote the use of
bicycles, but also regional plans like the SLOCOG Regional Transportation Plan, the Air
Pollution Control District's Clean Air Plan and the County's Bikeways Plan all encourage
increased bicycle use.
Arroyo Grande General Plan (2001)
The City's 2001 General Plan refers to bicycles in various elements contained in the
plan, including the following policies:
CirculationlTransportation Element
CT 3-3 Promote non-motorized bike and pedestrian circulation facilities to serve all
areas of the City and linking with regional systems, with priority coordination with
school, park, transit and major public facilities.
CT 4 Ensure Compatibility and complementary relationships between the
circulation/transportation system and existing and planned land uses, promoting
environmental objectives such as safe and un-congested neighborhoods, energy
conservation, reduction of air and noise pollution, transit, bike and pedestrian friendly
characteristics.
Parks and Recreation Element
PR 4 A network of recreational trails, bicycle lanes and bikeways should be established
for use by local residents and visitors to the Arroyo Grande Valley.
Amendments
Exhibit A-1 is the necessary amendments to the 2001 General Plan Objectives and
Policies to integrate the 2006 Bike and Pedestrian Enhancement Plans into the
CirculationlTransportation and Parks and Recreation Elements.
County Bikeways Plan
Efforts have been made to ensure that the City's 2006 Bike Plan compliments the
County Bikeways Plan (2005 Update) adopted by the Board of Supervisors. Regional
bikeway connectivity is an important aspect of this Plan and linking with county routes is
key to providing access to important regional destinations.
County - Clean Air Plan
In order to maintain state compliance of air quality standards, the San Luis Obispo Air
Pollution Control District encourages the use of bicycling as an alternative to the
automobile. The Clean Air Plan (2001) encourages municipalities to improve bicycle
facilities and promote bicycling. This Bike Plan supports the policies of the Clean Air
Plan (2001).
4
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A City Council Draft, November 28, 2006
SLOCOG - Regional Transportation Plan
The San Luis Obispo Council of Governments is responsible for preparing the Regional
Transportation Plan (RTP), a major transportation planning document for the region.
This Plan supports the policies of the RTP's Non Motorized Transportation Program.
5
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""A City Council Draft, November 28, 2006
2. BICYCLE NETWORK
GOAL
Create a well-connected and comprehensive bikeway network.
OBJECTIVES
Provide safe spaces for bicycling through a comprehensive network of bikeways that
are appropriately signed and marked. The facilities should include on-street routes,
marked bicycle lanes, and off-street paths and multi-purpose trails.
Ensure that the bikeway network:
1: Provides access to all schools, recreation facilities and transit stops
2. Connects major residential and commercial areas
BIKEWAY DESIGN STANDARDS
The California Department of Transportation (Caltrans) has developed standards for
three classifications of bikeways: Class I Bike Paths, Class II Bike Lanes, and Class III
Bike Routes. Chapter 1000 of the Caltrans Highway Design Manual is the guiding
reference for planning and designing bikeways. In July of 2005, Caltrans published a
document titled "Pedestrian and Bicycle Facilities in California" detailing the standards
and innovations for bicycle facilities. The design standards that follow synthesize this
information to show a clear guide for designing bicycle facilities.
Class I - Paths
Class I bike paths provide completely
separated right-of-way intended for
bicycle and pedestrian use only and .
mid-block street crossings are
minimized. Figure 2-1 depicts paved
paths with unpaved shoulders available
for pedestrians as required by the
Caltrans Highway Design Manual.
Figure 2-1
Two-way Bike Path on Separate
RighI of Way
Class I bikeways may be implemented
in phases if there are funding
constraints. It is recommended that the
current right-of-way easements shown
in the plan first be developed as
unpaved trails until funding becomes
available for the construction of paved
referenced Caltrans standard.
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bike paths in accordance with the above
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Class II bike lanes are striped
lanes located on streets that
provide enough space for
separate bicycle travel. Bike
lanes provide a safe means of
bicycle travel on city streets.
"Conflicts between bikes and
autos are dramatically
reduced when on-street bike
lanes are installed. Having
separated identifiable areas
on the street for bikes and
autos places the travelers in predictable locations" (Davis Bike Plan). Figure 2-2 depicts
recommended bike lane design guidelines and standards set by the Caltrans Highway
Design Manual.
Class II - Lanes
On-Street Parkinq
Parked vehicles can pose a
serious hazard to bicyclists
riding in bike lanes.
Opening vehicle doors and
vehicles maneuvering into
parking spaces create
potentially dangerous
conflicts. Providing a clear
distinction between bike
lanes and on-street parking
is important in minimizing
these conflicts (see Figure
2-2).
Figure 2-2
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HIGHT LANE BECOMES
RlGHT. TUAN..QNl Y LANE
RIGHT.YUAN.ONlY LANE
Riqht Turn Lanes and "Bicycle Slots"
Vehicle right-turn only lanes at intersections pose a potential conflict for bicyclists.
When bicyclists traverse these intersections, they must cross the right-turn lane in order
to continue straight through. Because bicyclists typically move at slower speeds, they
should signal and merge when there is a sufficient gap to do so. Figure 2-3 depicts
striping suggestions for intersections with right-turn only lanes. These lanes for bikes
are termed "bike slots."
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. ~ City Council Draft, November 28, 2006
Class III - Routes and Bicycle Boulevards
Bike routes, which may
also be referred to as
bicycle boulevards,
serve as routes where
bicycle use is
encouraged, but not
designated with a striped
lane (see Figure 2-4).
Bike routes serve to
either: (a) "Provide
continuity to other
bicycle facilities (usually
Class II bikeways); or (b)
Designate preferred
routes through high
demand corridors"
(Caltrans, 2005). On
bike routes the outside lane should be wide enough to accommodate bicycling. On
roadways with high speed or volume it may be appropriate to have a striped shoulder
line.
Figure 24
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Shared Curb lane
h Sldew.lk
Caltrans states that a Bicycle Boulevard "is a street where all types of vehicles are
allowed, but the roadway is modified as needed to enhance bicycle safety and
convenience" (Caltrans, 2005). These modifications typically calm traffic and improve
pedestrian safety and might include special signage, special striping, street trees, traffic
circles, fewer stop signs, or fewer driveways.
Signage
Proper signage and/or pavement markings along all bikeways inform cyclists and
motorists regarding where these facilities exist.
Upkeep and Maintenance
In order to provide bicyclists with safe routes of travel, bikeways must be consistently
maintained. Especially in the more rural areas of the City, there is a great need for
consistent street sweeping to remove dirt, gravel, and debris from impeding bicycle
lanes.
ROADWAY DESIGN
Road Diets - Removing Travel Lanes
Road diets involve removing unneeded travel lanes. Nationwide, transportation
planners and engineers are considering removing excess travel lanes that can
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City Council Draft. November 28. 2006
encourage speeding. Caltrans states, in the document Pedestrian and Bicycle Facilities
in California (2005), that "removing travel lanes broadens transportation choices and
encourages mobility and access for transit users, pedestrians, and bicyclists. Removing
travel lanes also improves the livability and quality of life for residents and shoppers."
Furthermore, by removing travel lanes, a median can create a shared center turn lane
that can help improve roadway efficiency and safety. In Arroyo Grande, there are
several candidate collector and arterial street segments for removing excess travel
lanes. These include South Elm Street and South Halcyon Road. Caltrans states that
more than one travel lane in each direction is not needed on roads with moderate traffic
volumes (less than 15,000 ADT).
Removing Parking
In some cases, when parking on both sides of the street is not heavily used or is
precluded by needed turn lanes or bike lanes, it may be possible to remove parking
from. one or both sides of the street, accompanied by additional off-street parking if
needed.
POLICIES
General Policies
1. Bikeways shall be established at the locations shown on the Bikeway Network
Map.
2. All bikeways shall meet or exceed minimum standards set forth in the
California Highway Design Manual (5th Ed.) unless design exceptions are
specifically approved by the City.
3; The City's Department of Public Works (DPW) will maintain a consistent
sweeping schedule, especially for bike routes adjoining agricultural areas,
which are susceptible to accumulating dirt and debris.
4. The City's Capital Improvement Program (CIP) will increase the priority of the
bikeway network improvements within DPW street repair and resurfacing
schedules.
5. The City will coordinate with SLOCOG, the County and other agencies to
promote intermodal connections between bikeways, transit, park and ride lots
and carpool locations.
6. School and park locations shall be considered top priority when determining
the location and improvement of bikeways to provide safe routes to school
and recreation areas.
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Class I Bikewavs
1. The City will identify existing and future right of way where bike paths would
be appropriate.
2. Class I Bikeways shall be located parallel with Major highways, regional
roads, rails, and creeks where feasible to safely link important destinations.
Class II Bikewavs
1. The ultimate intent is that all arterial and collector streets shall include Class II
bikeways.
2: The appropriate location of Class II Bikeways is at the edge of the road,
adjacent to a curb or parking lane (see Figure 2-2 and Figure 2-3).
3. "Bike Slots" should be provided at signalized intersections along streets that
have Class II Bikeways and where dedicated right -turn lanes are provided.
The City will evaluate existing intersections, consider constraints to achieving
this standard, and program improvements as appropriate (See Figure 2-4).
Bicvcle Boulevards
1. Bicycle Boulevards should be located along local or collector streets that
provide for through bike connections or alternative routes parallel to heavy
traffic arterials.
2. Stops along bicycle boulevards shall be minimized and restricted to collector
or arterial crossings. Access driveway and crossing conflicts should also be
minimized and marked.
3. Special street signs shall be placed along important bicycle boulevards.
4. In the future, special striping for bicycle boulevards shall be considered.
10
"""1 City Council Draft, November 28, 2006
3. BICYCLE PARKING
GOAL
Ensure plentiful, high-quality bicycle parking.
OBJECTIVE
Provide convenient, secure, and nice-looking short-term and long-term bicycle parking.
ACCOMMODATING BICYCLISTS
In order to properly accommodate and encourage the use of bicycling, secure and
convenient bicycle parking facilities must be available at convenient locations
throughout the City. There are two types of bicycle parking:
. Short-term Parking - Bicycle parking meant to accommodate visitors, customers,
messengers and others expected to depart within two hours. Requires approved
standard rack, appropriate location and placement.
. Long-term Parking - Bicycle parking meant to accommodate employees,
students, residents, commuters, and other expected to park more than two
hours. Long-term parking type will be either a bicycle locker (Figure 3-1), a
locked room with standard racks and access limited to bicyclists only, or standard
racks in a monitored location (Caltrans, 2005).
Currently, the majority of
existing parking facilities in
Arroyo Grande are short-term.
These facilities provide
minimal security and are
useful in providing short-term
parking. A single long-term
parking facility exists at the
Park and Ride lot located on
El Camino Real near Halcyon
Road. The park and ride
facility provides four bicycle
lockers that allow commuters
to leave their bicycles for long
periods of time. City code
requires the provision of
bicycle parking in some instances for new or remodeled developments. The
requirement is based on the number of automobile parking spaces. However, bicycle
parking at schools is based on the number of students.
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11
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~ City Council Draft, November 28, 2006
. Racks with Plaques
The City of San Luis Obispo, 15 miles north of Arroyo Grande, has begun a bicycle rack
program that allows people or businesses to donate a rack to the community or a
specific location. The racks have special bronze plaques with a unique message from
the donor. The racks, referred to as "peak racks," hold two to eight bikes and utilize an
innovative variation on the standard bike rack designed by Cal Poly professor Rod
Hoadley (See Figure 3-2). Using this rack and a similar donation program will not only
support local businesses, but also provide high quality parking for bikes at minimal
expense to the City.
The Pedestrian Realm
Added elements between
pedestrians on a sidewalk
and the street, such as street
trees, mailboxes, planters,
trashcans, streetlights, and
signs, create a more distinct
and safe space for
pedestrians. An added
benefit to bicycle racks along
sidewalks is a further defined
pedestrian realm. The
inverted U bike rack (Figure
3-3) is an acceptable type for
this location.
Figure 3-3
32"
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12
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City Council Draft, November 28, 2006
Park and Ride
Providing long-term bicycle parking at Park and Ride locations, as well as major public
and employment centers, will reduce motor vehicle trips to these locations. Converting
one or two of the spaces into bike lockers could accommodate more than 8 to 16
bicycle commuters.
POLICIES
Short-term Darkina
1. The City shall encourage the use of inverted "U" racks (Figure 3-3) and "Peak
Racks" (Figure 3-2) for the preferred design of short-term parking facilities.
2. Inverted "U" racks or the bike "Peak Rack" shall be utilized for short-term
parking located on sidewalks. These racks shall be placed as close to the
curb as is allowed by Caltrans design standards and ensure clearance
requirements mandated by the Americans with Disabilities Act (ADA).
Lona-term Parkinq
1. Bicycle lockers, locked rooms, or standard racks in a monitored location shall
be provided to satisfy long-term bike parking, particularly at major
employment centers and public facilities.
2. Bicycle lockers should be located close to the entrance of intended arrival
locations and in well-lit areas.
3. Bicycle lockers should be integrated into a project's overall architecture and
site design.
4. The City and regional transit agency shall provide long-term bike parking
facilities at all Park and Ride Locations in Arroyo Grande.
5. Major public facilities and employment centers of greater than 15,000 square
feet (gfa) shall provide for both short and long term bicycle parking.
Priorities
Although long-term bike parking is desirable at major transfer points and destinations in
Arroyo Grande, the priority is for convenient short-term parking facilities. The Planning
Commission recommends emphasis on pedestrian enhancements and completion of
sidewalk and bikeway routes and lanes but encourages provision of short-term parking
and other amenities.
13
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"~ City Council Draft, November 28, 2006
4. BICYCLE SAFETY, EDUCATION, AND OUTREACH
GOAL
Educate school age children and the general public about bicycle safety.
OBJECTIVE
Conduct annual or more frequent new and existing education programs that promote
bicycle safety.
BICYCLE SAFETY AND EDUCATION PROGRAMS
Educational programs for bicycling is an integral part of bicycle safety. As the bicycle
acciqent data reveals, most collisions occur because the bicyclist, the driver, or both
acted improperly. Therefore, a greater effort needs to be made to educate motorists
and bicyclists regarding safe practices for coexisting on the roadways. Safety education
programs for schools and the community provide an essential foundation for bicycle
safety by informing cyclists of their rights and responsibilities as a moving vehicle.
Schools should be encouraged to maintain and expand existing student education,
including, at a minimum, annual bike safety presentations.
Bicycle events not only increase safety awareness and bicycle usage, but also provide
community-oriented activities that build community character and pride. While current
programs, such as the police department's education program, provide much needed
in-school bicycle safety awareness, bicycle events in the community, sponsored by local
businesses and organizations, can teach children and adults about bicycle safety and
the benefits of bicycling.
San Luis Obispo County Regional Rideshare and San Luis Obispo County Bicycle
Coalition sponsor and facilitate several programs that Arroyo Grande could bring to the
community. Collaboration with these entities is important to providing residents with
bicycle education and promotional activities.
Current Programs available to Arroyo Grande
Arrovo Grande Police Department Bicvcle Education ProQram
The Drug Abuse Resistance Education (DARE) division of Arroyo Grande Police
Department offers bicycle safety and education programs to local schools and
organizations such as the boy scouts and girl scouts. The program covers bicycle
maintenance, traffic laws and proper riding techniques. The DARE program utilizes
flyers, videos, and demonstrations to emphasize the importance of bicycle safety.
Bike to Work DavlWeeklMonth Promotion
This is typically a series of events arranged by Regional Rideshare, the Bicycle
Coalition, and community members. Bike Fest and Bike Rodeos typically occur during
14
. .'.:;.:[:11.4
,,",~ City Council Draft, November 28, 2006
this month. Bike rodeos or festivals are outdoor events where children interact with
bicycles and learn about bicycle safety with instructors, obstacle courses, and other
activities. Bicycle rodeos and festivals are useful in not only teaching safe bicycle
practices, but also creating a fun community event. They have been successful in
places like San Luis Obispo and San Francisco.
Bicvcle Safetv School Assemblv
The San Luis Obispo County Bicycle Coalition gives school assemblies that teach
school children about bicycle safety.
Helmet Campaians
Often sponsored by local public agencies and businesses, helmet campaigns aim to
provide helmets for free or at a discount to school-aged children.
POLICIES
1. Work with Regional Rideshare and the San Luis Obispo County Bicycle
Coalition to encourage promotional and educational activities within the
community.
2. Work with Lucia Mar Unified School District to identify potential bicycle
education programs in schools.
15
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City Council Draft, November 28, 2006
APPENDIX A: EXISTING CONDITIONS
EXISTING BIKEWAYS
The existing bikeway system is disjointed and inadequately signed and striped in most
of the city. The current bicycle network consists mainly of on-street facilities that include
Class /I and Class /II bikeways. In addition to the on-street facilities, the Rancho
Grande trail is an off-street, multi-use trail designated for bicycle, pedestrian, and
equestrian activities. Table A-1 and Figure A-1 show the existing designated class I,
class /I, and class III bikeway locations in the City.
The Class /II Bikeways in the City, as identified by the 1988 Parks and Recreation
Element of the General Plan, were designated because they have shoulders wide
enough to accommodate bikes and/or street parking. Most Class /II bikeways within the
City are deficient because they lack posted signage despite subsequent updates to the
General Plan's CirculationlTransportation Element and Parks and Recreation Element
in 1991 and 2001.
Table A-1 gives a summary of the existing bikeways in the City showing the street
where the bikeway is located and the "From" and "To" streets that indicate where the
bikeway begins and ends.
Table A-1: Summary of Existing Bikeways
Street From To Class Deficient
The Pike City limit South Halcyon
Oak Park Boulevard The Pike Grand Ave
Fair Oaks Ave South Halcyon Road Valley Road
East Grand Ave Oak Park Boulevard North Elm
West Branch Street Oak Park Boulevard Vernon Street
James Way Oak Park Boulevard Mesquite Lane
Rancho Parkway James Way West Branch Street Yes
Camino Mercado Rancho Parkway West Branch Street Yes
Fair Oaks Ave Valley Road Traffic Way I
Bridge Street Olohan Alley Traffic Way III
Valley Road Fair Oaks End of High School II
Valley Road End of High School Sunrise Terrace III
Valley Road Sunrise Terrace City Limit II
16
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~ City Council Draft, November 28, 2006
EXISTING CLASS I AND CLASS II FACILITIES
Class I Facilities
1. Oak Park Acres Multi-Use Trail
Rancho Grande - Recreational trail easements for equestrian, hiking, and
bicycle activities exist within the City limits and are a part of the Rancho
Grande and Oak Park Acres developments in the northwest part of the city.
These trails may provide an enjoyable environment for recreational riding and
are accessible from a trail-head along James Way.
Class II Facilities
1. West Branch Street
Oak Park Boulevard to Vernon Street - The existing Class II bike lanes
provide bicyclists with access from the Arroyo Grande Village to the City's
northern boundary with relatively accessible connections to Grover Beach
and Pismo Beach. Shoulder striping is not continuous and the existing bike
lanes are not clearly marked, lacking both signs and painted stencils. A gap
exists in the shoulder striping at the Rancho Parkway intersection and lane
widths are inconsistent, narrowing to widths less than four feet. Lanes are
absent on West Branch Street near the Village.
2. James Way
Oak Park Boulevard to Tally Ho Road - Class II bike lanes run along James
Way through Oak Park Acres, Rancho Grande, and other suburban
residential developments. On-street parking is allowed from Meadow Creek to
Stevenson Drive forcing bicyclists into traffic lanes when parked vehicles are
present. Situated in a residential development, the lanes provide connection
to the Rancho Grande Recreational Trail, Rancho Grande Park, and link to
Pismo Beach. While these bike lanes lack signage, they are designated by
pavement striping and stencils.
3. Rancho Parkway
James Way to West Branch Street - A Class II bike lane exists on the
northern side of Rancho Parkway, but is absent on the opposite side. Situated
in a residential development, the bikeway potentially offers residents a
convenient connection to West Branch Street that provides access to nearby
schools, entertainment, and shopping. The lane is striped and stenciled but
lacks signage and needs a similar lane on the opposite side.
4. Camino Mercado
19
1 City Council Draft, November 28, 2006
Rancho Parkway to West Branch Street - A Class II bike lane partially exists
along the northern side of Camino Mercado. The bike lane exists from
Rancho parkway but terminates before connection with West Branch Street
as the road narrows and becomes steeper at the Oak Park Professional
Center. The lanes lacks signs but are marked by pavement striping and
stencils.
5. Huasna Road
Highway 227 to Strother Park- Existing Class II bike lanes serve as a
connection from the Arroyo Grande Village to the City's northeastern
boundary where the road narrows and continues towards Lopez Lake.
Existing conditions on this roadway show discontinuity in bikeway facilities.
Gaps exist in the striped shoulders on the north and south side of the road
and lanes are deficient, lacking signs and stencils.
BICYCLE RELATED ACCIDENTS
The California Statewide Integrated Traffic Records System Reports (SWITRS),
compiled by the California Highway Patrol, provide bicycle accident data. Table A-2
details the location of accidents involving a bicyclist. Between 2001 and 2005 there
have been 30 reported accidents.
Table A-2: 2001 - 2005 Bicycle Accident Locations
Year Location
2001 Oak Park Blvd. I1l> EI Camino Real
EI Camino Real !lil Hillcrest
W. Branch Sl. @ Oak Park Blvd.
E. Grand Ave. I1l> Fair View
E. Grand Ave. @ Halcyon Rd.
Elm I1l> Ash
Elm !lil Ash
Halcyon Rd. I1l> Cameron CI.
Fair Oaks Ave. !lil AGHS Parkina Lot
Crown Hill !lil Crown Terrace
2002 Mason SI. !lil E. Branch SI.
Traffic Wav I1l> Fair Oaks Ave.
2003 S. Halcvon Rd. I1l> Woodland Dr.
E. Grand Ave !lil W. Branch Sl.
Short Sl. !lil Allen Sl.
400 Blk. Greenwood Dr.
2004 Wal-Mart Parkino Lot
1100 Blk. Fair Oaks Ave.
Olive SI. I1l> S. Halcvon Rd.
S. Halcyon Rd. !lil Fair Oaks Ave.
E. Branch Sl. I1l> Short SI.
2005 W. Branch SI. !lil Oak Park Blvd.
1401 E. Grand Ave.
20
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"
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City Council Draft, November 28, 2006
S. Halcvon Rd. Fair Oaks Ave.
Todd Ln. @ Fair Oaks Ave.
Fair Oaks Ave. l!i) AGHS Parkina Lot
100 Blk. Fair Oaks Ave.
300 E. Grand Ave.
BIKE DESTINATIONS
There are several locations within the City of Arroyo Grande that attract bicycling.
Schools, retail centers, and office centers offer specific destinations that attract bicycle
traffic, Additionally, the area's scenic landscape and agricultural setting attract
recreational cyclists, These characteristics have increased the overall demand for
bicycling in Arroyo Grande. The following table (Table A-2) and map (Figure A-3) lists
locations of bicycle traffic demand (also see Bike Map for locations).
Table.A-3: Bike Destinations
Name Location Tvoe
Rancho Grande Park James Wav & Salida Del Sol Park
Terra De Ora Park Gularte & Oro Park
Strother Park Huasna & Ikeda Park
Villaae Green and Bandstand Mason & Nelson Park
Elm Street Park Ash & S Elm Park
Berry Gardens Park Courtland & Blueberrv Park
Soto Soorts ComDlex Ash & Courtland SDOrts Fields
Pauldina Middle School 600 Crown Hill Middle School
Arrovo Grande HiohSchool 495 Vallev Rd Hiah School
M Harloe Elementary 901 Fair Oaks Ave Elementarv School
Ocean View Elementarv 1208 Linda Dr Elementarv School
SI. Patrick's School 900 W Branch St Private School
Vallev View Academv 230 Vernon St Private School
Coastal Christian School 1220 Farroll Ave Private School
Oak Park Plaza Center !K-Mart) W Branch & Camino Mercado Retail I EmDlovment
Five Cities ShoDDina Center !Wall-Mart) W Branch & Rancho Parkwav Retail I Emnlovment
El Camino Reali Brisco District Brisco & El Camino Real EmDlovment
Courtland I E. Grand Centers Courtland & East Grand Retail I EmDlovment
Elm - Brisco I E. Grand Centers Elm & East Grand Retail I Emalavment
Halcyon I E. Grand Centers E Grand !West of Halcvon) Retail I EmDlavment
The Villaae East Branch (Traffic Wav to Mason) Retail I Emnlovment
Library I South County Government Center 800 W Branch St Public Facilitv
Community Center & Woman's Club 211 Vernon St Public Facilitv
Clark Center far the Performina Arts 487 Fair Oaks Ave Entertainment
Community Hosoital 345 S Halcyon Rd Public Facilitv
21
cA
City Council Draft, November 28, 2006
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22
:rii{j
. ~ City Council Draft, November 28, 2006
APPENDIX B: NETWORK IMPROVEMENT PRIORITIES
This section outlines the priorities for future bicycle improvements. These priorities are
intended to guide funding and planning mechanisms to ensure that the priorities that are
ranked higher are given precedence. Details regarding the cost, design, and location of
each of the ten (10) priorities are provided.
The ten (10) priorities were chosen with the guidance and recommendation of advisory
groups and commissions including the Planning Commission, Traffic Commission,
Parks and Recreation Commission, and Staff Advisory Committee. Furthermore, public
input was sought through the SLO County Bicycle Coalition and gathered at public
hearings and meetings.
23
4~?h
~ City Council Draft, November 28, 2006
PRIORITY 1
East Grand Avenue - Class II Lanes
Cost Estimate - $27,736
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Elm to Halcvon (80' curb to curb. 100' right of wav)
Parking with bike lanes can ,be accommodated within the 80 feet curb to curb road
width.
. Striping, Signs
Halcvon to HWY 101 (59' - 62' curb to curb. 80' riaht of way)
Remove parking on both sides to enable two travel lanes in each direction plus a two-
way left-turn median within the 59' - 62' curb to curb road width.
. Striping, Signs
Alpine to Bell (59' curb to curb. 80' right of way)
Unfortunately, the curb to curb width cannot accommodate bike lanes without street
widening and reconstruction requiring additional right of way. Instead, the curbside
travel lanes should be wider than the standard 12' where possible and this segment
signed as a bike route.
24
;it1 City Council Draft, November 28, 2006
PRIORITY 2
James Way - Class II Lanes
Cost Estimate - $10,524
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On this segment, parking can be accommodated on one side (south side) of the street
with two 12' travel lanes and two 5' bike lanes,
. Striping, Signs
Meadow Way to Stevenson
On this segment, parking will no longer be allowed in order to provide a median turning
lane, or left turn pockets, Signs and bike legend need to be added after restriping of the
street to accommodate turn lanes,
. Striping, Signs
Stevenson to Colina
Add signs and bike legend to existing lanes.
Colina to Tallv Ho
A centerline needs to be striped. In order to accommodate bike lanes and parking on
this segment, travel lanes must be reduced to 10',
. Striping, Signs
25
"-::j_~T~\
~ City Councii Draft, November 28, 2006
PRIORITY 3
Tally Ho - Class III Route
Cost Estimate - $3,000
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Add bike route signs (curb to curb width inadequate for bike lanes with on-street parking
on both sides). Consider three-way stop and crosswalk at James Way to reduce speed
and increase safety.
26
'",_; 'L?"~~
,:>:'~ City Council Draft, November 28, 2006
PRIORITY 4
West Branch - Class II Lanes
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The street lacks curb, gutter and sidewalk on the northeast side and allows on-street
parking in front of residential uses, creating both unsafe pedestrian and street travel
lanes. It is recommended that curb, gutter and sidewalk be installed on the north side
and bike lanes included on both sides with a 12' travel lane in each direction prohibiting
on-street parking on both sides.
27
'!fff~
~ City Council Draft, November 28, 2006
PRIORITY 5
Traffic Way
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Branch Street to Station Way (includina bridae)
Restripe existing 4 - 10' wide travel lanes to provide 3 - 11' lanes with narrow shoulders
for bike route on both sides across bridge (see Traffic Way Streetscape Plan for
details),
Station Way to Bridae Street
Restripe existing 4 lanes to provide two-way left-turn and 12' travel lane in each
direction with bike lanes and parking on both sides,
Bridae Street to south of Allen Street
Due to Fair Oaks intersection capacity constraints with 3-way stop, retain 4 lane
configuration without bike lanes until signalization, Sign as bike route through this
segment
South of Allen Street to South Traffic Way Extension and Freewav on and off ramps
Restripe existing 4 lanes to provide left-turn pockets and two-way left-turn median with
bike lanes and parking generally on both sides. Striping and signs on all segments per
Traffic Way Streetscape Plan proposals.
28
~ City Council Draft, November 28, 2006
PRIORITY 6
Rancho Parkway & Camino Mercado - Class II Lanes
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Add bike lanes and two way left turn lane. Two 12' travel lanes, two 4' bike lanes, and a
12' turning lane/median. No parking will be allowed on either side.
· Restriping, signs
Camino Mercado to W. Branch Street
Restripe per traffic study concurrent with Five Cities Center Phase 2, Pad '1'
reconfiguration.
Camino Mercado between Rancho Parkwav and West Branch Street
Provide for 12' left-turn lanes and 12' travel lane in each direction with 4' bike lanes on
both sides. If on-street parking is essential, allow on one side only and eliminate left-
turn median where feasible. Restripe and sign concurrent with Five Cities Center
Phase 2, Pad 'I' reconfiguration.
29
~ City Council Draft, November 28, 2006
PRIORITY 7
Oak Park Boulevard - Class II Lanes from The Pike to Highway 101; Class III
Route from Highway 101 to Old Oak Park
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The 80' right of way includes a 16' landscaped median island with 2 12' travel lanes in
each direction to north of James Way intersection with no parking or bike lanes on
either side and sidewalks on both sides. This section precludes bike lanes but Bike
Route signs can be installed on both Arroyo Grande and Pismo segments to
supplement No Parking signs.
30
M"~'''"
,..~ City Council Draft, November 28, 2006
PRIORITY 8
Farroll Avenue - Class II Lanes
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Oak Park to Halcvon
Segments of the street with less than 60' wide right of way have accommodated
standard 12' wide travel lanes in each direction with 4' bike lanes on both sides and turn
lanes at major intersections by elimination of parking on both sides where 44' curb to
curb is feasible, Generally, the turn lane is unnecessary, enabling parking on one or
both sides of a 40' curb to curb street section.
. A detailed restriping plan will be prepared as part of a planned 2007 - 2008 street
reconstruction project, including 4' bike lanes on each side of travel lane in each
direction.
31
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~ City Council Draft, November 28, 2006
PRIORITY 9
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Courtland Street! Ash Street - Class III Bike Boulevard or Class II Lane
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Courtland and Ash Streets
Install special street signs and signage for bicycle boulevards
and bikeway through Soto Sports Complex. Coordinate with
#8 Farroll and/or proposed bike path through Soto Sports
Complex to connect new Parkside residential project north of
Farrall Avenue/Bakeman Lane to provide cross-town bike
boulevard parallel to Oak Park Boulevard between Newport
and Farrall Avenues.
32
.
."...@r'Imi
>"- ~ City Council Draft, November 28, 2006
Appendix C: Land Use Map
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34
,
ATTACHMENT 2
"
DRAFT, APRIL 2006
Arroyo Grande
Sidewalk/ Pedestrian
Enhancement Plan
City of Arroyo Grande
Community Development Department
214 East Branch Street
Arroyo Grande, CA 93420
\.. 2
::..\" 1\ __
SIDEWALK/PEDESTRIAN ENHANCEMENT PLAN
Introduction:
Most areas of the City of Arroyo Grande have provided at least one side of the local,
collector and arterial street system with concrete sidewalks for separated pedestrian
traffic. There are, however, some "gaps" or short segments on several arterial and
collector streets where topography, large tree, prior development or some other
obstacle, caused a void in the sidewalk pattern. There are also some residential areas
now within the City, where development was allowed without any provision for
separated pedestrian traffic. Additionally, there are several arterial and collector streets,
which traverse or adjoin agricultural areas, where neither the City nor the County have
required any separate curb, gutter, sidewalk, or shoulder improvements to
accommodate the volumes of traffic now traveling these "rural character" road
segments.
Safe Routes to Schools & Parks:
Recognizing that, due to budget constraints, the Lucia Mar Unified School District
(LMUSD) has been considering reduction or elimination of busing students to school,
particularly those within short walking distance to its schools, the City's priority for
completion of sidewalks logically radiates outward from the three (3) elementary
schools, one (1) middle school and one (1) high school serving the community.
Additionally, the City believes thatfour (4) church schools and six (6) neighborhood and
community parks should also be provided safe pedestrian access routes, particularly
along arterial and collector streets.
Other Public Facilities and Commercial Centers:
There are several other public facilities and commercial centers that are destinations
within the urban area or which involve concentration of pedestrian traffic, requiring
sidewalks along local access as well as collector and arterial routes. These include the
historic Village commercial and mixed use area; Traffic Way and Station Way shopping
areas; East Grand Avenue commercial corridor; Halcyon Road public and medical
facilities and offices; EI Camino Real office, highway and service commercial areas;
West Branch Street government center and regional shopping centers; and Oak Park
Boulevard mixed use centers. Fortunately, most of these areas are served by complete
sidewalk networks, but again, there are some "gaps" or missing segments that lack safe
pedestrian connections.
Arterial and Collector Street Sidewalk Deficiencies:
Figure 1 is a generalized citywide street system illustration that highlights the existing
and proposed arterial and collector routes and the location of schools, parks,
commercial areas and other public facilities, which are the important pedestrian oriented
areas. The map also shows the general locations where sidewalks are missing on one
or both sides of existing local, collector and arterial streets. Although the City will
eventually want to encourage safe pedestrian facilities on all local streets, the priority
should be for correcting the existing deficiencies on at least one side of all arterial and
- 1 -
collector streets, particularly those ,providing access to schools, parks, commercial
areas and other public facilities.
First Priority Program Recommendations:
Considering that many elementary school age children are bused or driven to school by
their parents, and that a substantial portion of high school students are able to drive
rather than bus, bike or walk to school, the highest priority for safe routes to school
within the City of Arroyo Grande involves pedestrian access to Paulding Middle School.
Specifically, the highest priority arterial and collector streets requiring sidewalk
deficiency corrections, radiating outward from Paulding Middle School are:
1) Crown Hill Street, south side.
2) Corbett Canyon Road/Highway 227, west side (Huasna Road to Printz Road).
3) Stagecoach Road, west side (gap near Huasna Road).
4) Huasna Road, north side (between Stagecoach Road and Calle Court).
5) Tally Ho Road, south side (Via La Barranca to Printz Road).
6) James Way, eastside (gap near Tally Ho Road).
Near the three existing LMUSD elementary schools serving the City of Arroyo Grande
(Oceanview, Harloe and North Oceano), the apparent sidewalk deficiencies on arterial
and collector routes to school include:
7) Farroll Road, north side (gaps near Walnut and Alder Streets).
8) South Elm Street, east side (gaps near The Pike, Ash, Maple and Sunset
Avenues).
9) Ash Street, south side (gaps near Elm and Alder Streets).
10)Maple Street, north side (gaps near Elm and Pine Streets.
11 )Dodson Way, north side (gaps near Alder, Halcyon and Alpine Streets).
12)South Alpine Street, east side (gaps between Cerro Vista Circle and East Grand
Avenue).
13)Arroyo Grande High School has poor pedestrian access from the south, where
Valley Road traverses agricultural areas: A roadside trail rather than sidewalks is
recommended on the east side of Valley Road to correct this deficiency.
Most of these collector and arterial streets also provide pedestrian connections to Elm
Street Park/Soto Sports Complex, and Strother Park, increasing the need for sidewalks
on the above collector and arterial streets. Rancho Grande Community Park is
provided safe pedestrian access from the more complete sidewalk network serving Oak
Park Acres, Rancho Grande and Royal Oak suburban residential developments.
Secondary Priority Program Recommendations:
Northeast of Freeway 101, the most apparent sidewalk deficiencies along arterial and
collector streets are:
14)West Branch Street, north side (gap at Camino Mercado).
-2-
15)West Branch Street, north side between Brisco Road and East Grand Avenue-
(including County Government Center).
16)Rodeo Drive, west side, adjoining St. Patrick's Catholic School.
17)So. Traffic Way Extension from Traffic Way to Trinity Avenue.
On the southwest side of Freeway 101, the most obvious sidewalk deficiencies on
arterial and collector streets include:
18)EI Camino Real, south side (between Oak Park Boulevard and Robles Road).
19)Hillcrest Drive, east side (between EI Camino Real and Montego Avenue).
20)Newport Avenue, north side (gap near Hillcrest Drive).
Proposed Funding for the Priority Improvement Programs:
These twenty (20) identified priority areas for sidewalk improvements can be partially
provided by pending or probable developments proposed along these frontages during
the next five (5) years. But many involve gaps or segments along arterial or collector
streets where no immediate development or redevelopment is anticipated. Therefore,
the City is proposing three new sources to fund the priority program of
sidewalk/pedestrian enhancement improvements:
First, would be to require all new developments not providing sidewalks on
their frontages, including both sides of all public or private internal local
streets, to contribute an "in-lieu" fee for off-site sidewalk deficiency
corrections on these arterials and collectors, in their respective
neighborhoods.
Second, would be to utilize the provisions of the Street and Highways Act
of _' to require property owners with sidewalk gaps in blocks where
the majority of frontage improvements are existing, to provide or contribute
to the cost of completion of said improvements.
Third, would be to propose a special "annual capitol improvement
installment" using gas tax, general funds and/or enhancement grants that
may be received by the City for this purpose.
Local Street Sidewalk Deficiencies:
Finally, as previously noted, there are some existing residential areas where the local
access streets lack any provision for safe separate pedestrian traffic. Each of these
areas should be given an opportunity to "retofit" at least one side of the local street
system to include a path or sidewalk connecting to the nearest collector and arterial
street system. Consideration of separate, neighborhood improvement assessment
districts could be initiated by the City for the following generalized areas, identified on
the map:
- 3-
A) The Hillcrest, Sierra, and Chilton Drive area, southeast of EI Camino Real and
Oak Park Boulevard;
B) The Poplar, Sage, Cedar Avenues and Aspen Street area, west of South Elm
Street;
C) The Lancaster Drive, Vista Court area, northeast of The Pike and South Elm
Street;
D) The Gaynfair Terrace and Sandalwood Avenue area, southwest of Farroll
Avenue and South Halcyon Road;
E) The Willow Lane, Virginia Drive and Woodland Drive area, east of South Halcyon
Road;
F) The Western Addition area (Cornwall, Bennett, Faeh Avenues and Rena, Alpine,
Bell and Oak Streets), northeast of North Halcyon Road and East Grand Avenue;
G) The Larchmont Drive and Vernon Street area, northwest of West Branch Street
near Traffic Way and Wesley Street;
H) The Via La Barranca, Colina Street area, northwest of James Way and Tally Ho
Road;
I) The Miller Way and Le Point Street area, north of the Village; and
J) The Crown Hill area (May, McKinley, LePoint, Harrison Streets, LePoint and
Crown Terrace), east of the Village.
These ten (10) local neighborhood improvement assessment district areas could be
offered City assistance in formation and funding to encourage completion of sidewalk or
paths that could be designed to fit the constraints and character of particular areas. The
same funding sources as identified for the priority improvement program, plus the
income from the local improvement assessment districts would finance this portion of
local deficiency correction program.
Other Pedestrian Enhancements:
While continuous sidewalks on both sides of all arterial and collector streets are
eventually needed for pedestrian safety in Arroyo Grande, and also desirable on at least
one side of all local streets, there is more to enhancement and encouragement of
walking and biking than just concrete, asphalt or pathways. Street trees for shade,
benches and trash receptacles along the major street routes and at destinations, ADA
accessible ramps at all corners; public restrooms at community parks; neighborhood
park, play, and picnic facilities, and other amenities such as landscape features, public
art and drinking fountains, all contribute to the quality of life for residents and visitors.
The best existing, concentrated example of such pedestrian enhancements is the
Arroyo Grande Creek Promenade extending along this waterway from Mason Street to
Bridge Street in the heart of the Village, including Heritage Square, Nelson Green, the
historic swinging bridge, Kiwanis Park and the recently improved Creek Promenade
adjoining Olohan Alley. During the next five (5) years, this creek walk should be
extended westerly from Bridge Street to Traffic Way, along the south side of the creek,
to connect with the Village Creek Plaza and Village Promenade creekside plazas. In
the future the Creek Promenade should also be extended easterly along the north
creekbank to enhance and connect to East Village Plaza (Paulding Circle) and northerly
-4-
along Corbett (Tally Ho) Creek to the Loomis Creekside properties at the foot of Crown
Hill.
Recreational Trails and Short Cuts:
Other open space and creekside trails should also be improved and connected to create
a recreational circulation system in suburban portions of the City. These include the
James Way/Rancho Grande and Oak Park Acres hiking and riding trail system along
Meadow Creek and its east fork; the Grace Lane/Royal Oak proposed link from Rancho
Grande Park to the South County Government Center; and the proposed bike and
pedestrian path through the middle of Soto Sports Complex between Farroll Road and
Ash Street.
Providing "short cuts" across major crosstown barriers is also an important
enhancement to bike and pedestrian circulation. The Arroyo Grande Creek and
Freeway 101 are the two obvious examples of such barriers which lack adequate
crossings. On Arroyo Grande Creek there are three (3) potential bike/pedestrian bridge
crossings proposed by this plan which would provide significant "short cuts" compared
to existing routes: Coach Road, Stanley Street and LeAnna Drive. All three would
require pathway extensions as well as bike/pedestrian bridge improvements, but each
would cut miles off alternative existing street and sidewalk routes. Unfortunately,
crossing the Freeway 101 barrier is far more difficult and expensive, so the plan
proposes no new crosstown connections, instead focusing on minor improvements at
Oak Park Boulevard overpass, Brisco underpass, East Grand Avenue overpass and
Fair Oaks Avenue overpass. Improved lighting, signage, and public art at these
crossings can provide more immediate enhancements at minimal cost. Of course in the
future, the Brisco/Halcyon Interchange and the Traffic Way/EI Campo interchange
improvements should include safe and attractive bike and pedestrian crossings as well
as better crosstown circulation for motor vehicles.
-5-
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\\l Sll San Luis Obispo County Bicycle Coalition
~V;. #1'", PO Box 14860 . San Luis Obispo, CA 93406-4860
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· ATTACHMENT 3
I I
Bicijcle Coalition
Adam Fukushima, Executive Diret;tor
Phone: 805-541-3875
Email: adamf@slobikelane.org
03/29/2006
RECEIVED
MAR!)
C/7Y OF ... 12006
COA. ARRo
r>'/MUN/7Y Yo GI?A
DE\li:LO NDE
PMENr
Rob Strong
City of Arroyo Grande, Community Development
214 E. Branch St, P.O. Box 550
Arroyo Grande, Ca 93421
_ Dear Rob, -
Thank you for joining the'SLO County Bicycle Coalition. Your membership helps us to transform San
Luis Obispo County into a safer and more livable community by promoting cycling and walking for
everyday transportation and recreation. Our members are the most important part of our
organization. Without them, the Coalition would have no voice. Our strength comes from you, and
this strength will only increase as we expand our membership base. Be sure to keep an eye on your
mailbox for our quarterly newsletter, "The Spoken Wheel," which will keep you informed about our
cal activities as well as national cycling and pedestrian related issues. We also send out periodic email
_pdates to keep you abreast of local bicycling and pedestrian related information. ' .
Membership bas its benefits and we are proud to announce discounts to local bike shops and other
services. To prove membership, simply show this letter or the mailing label from your coming
newsletter_ Details on participating shops can be found on our website at
(www.slobikelane.org/members.html).
The Bicycle"Coalition openItes on.an annual dues ~ where all members renew for the calender
year. Your membership is valid ootill2/31n006.
You may use this letter as a receipt for your $75 contribution. SLOCBC is a nonprofit, public benefit
corporation under the US Internal Revenue Code, section 501(cX3). All donations are tax-deductible.
For your reference, our Federal Tax ID number is 75-3021545. This receipt also states that you are
receiving nothing of value for your contribution.
Thanks again for your support.
~--:7 .
Adam Fukushima, Executive Director
"an Luis Obispo County Bicycle Coalition
Aqenda Item No. 6D
Parks & Recreation Com. Mtg
April 12, 2006 .
MEMORANDUM
.
'.
PARKS AND RECREATION COMMISSION
DANIEL C. HERNANDEZ, DIRECTOR OF PARKS, RECREATION AND
FACILITIES
SUBJECT: CONSIDERATION OF 2006 BIKEWAY AND PEDESTRIAN
ENHANCEMENT PLAN
TO:
FROM:
DATE:
APRIL 12, 2006
REcoMMENDATION:
It is recommended the Parks and Recreation Commission provide input and comments
on the draft Bikeway and Pedestrian Enhancement Plan and priority program for the
City of Arroyo Grande.
FUNDING:
The preliminary plan does not include cost estimates at this time for new bike racks or
other necessary improvements for implementation. "
DISCUSSION:
The 2001 General Plan CirculationfTransportation Element as well as the Parks and
Recreation Element propose that all arterial and collector streets, and a system of
"recreational trails," should be established with bike lanes, routes and paths for use by
local residents and visitors to Arroyo Grande Valley. The draft Bikeway and Pedestrian
Enh"ancement Plan is intended as a 2006 General Plan Amendment to both elements
providing more specific policies, programs and implementation proposals that the City
will consider to encourage increased bike and pedestrian circulation.
The draft plan has been formulated by the Community Development Department staff
including Planning Intern Brian Soland and Director Rob Strong. The plan will be
brought before the Traffic Commission on April 17th and the Planning Commission on
May 2nd before being submitted to the City Council in June.
Attachments:
1. Bikeway Enhancement Plan
2.
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MEMORANDUM
TO: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS .
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~<>
SUBJECT: EAST GRAND AVENUE RESTRIPING PLAN ALTERNATIVE
DATE: MARCH 28, 2006
Thanks for providing me a review copy of the draft restriping plan for the segment of East
Grand Avenue between Rena Street and Oak Street, and for meeting with Steve Adams
and me to discus~ an alternative. As you know, 1 have encouraged restriping during the
last three years primarily to improve traffic safety by including a two-way left tum median
similar to the other segments of East Grand Avenue to the west of Halcyon. But I am also
advocating that restriping should consider bike lanes on both sides of the street, even if
this altemative requires elimination of on-street parking on both sides.
The draft drawing indicates a 62 foot curb to curb section on two of the three blocks. with
the block between Bell and Alpine Streets being only 59 feet curb to curb. In this one
constricted block the sidewalks and predominant driveways along the north side frontage
are 13 feet wide rather than the typical 10 feet width. The draft plan provides for 6 on-
street parking spaces on the north side in the block from Oak to Bell Street and 5 on-street
parking spaces on the south side in the blo?k between Rena and Alpine Streets.
While 11 spaces are important to the residents and businesses in these two blocks, it
requires transition "weaving" of travel and tum lanes at three intersections and is
inconsistent with City policy regarding bike lanes. Specifically, the 2001 General Plan
Circulation Element policy CT1 provides that arterial and collector streets include bike
lanes, with on-street parking optional. depending on available right of way and other
design features. I request and recommend an alternative design proposing four 1 Oor 11
foot wide travel lanes with a 10 foot wide two-way left tum median and 5 foot wide bike
lanes on both sides of the street with no on-street parking along either side from Freeway
101 to Halcyon Road. If necessary, I will suggest supplemental off-street parking or
additional marked on-street spaces located on the side streets to compensate for the
elimination of on-street parking on this segment of East Grand Avenue. It may also be
necessary to propose reconstruction of sidewalks and driveways in the one block with only
59 feet curb to curb. -
The bike lanes would serve to separate the slower non-motorized vehicles and- provide a
shoulder for motor vehicles entering the adjacent travel lane. It would also reduce conflicts
from vehicles stopping or maneuvering into parking spaces and eliminate the need for
weaving travel and tum lanes. It would conform to General plan Circulation Element
policy.
3,
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Hello Rob Strong and City of AG ~Ianning Commission;
~-. :.
. .
,.. .
I saw some of the recent Pedestrian study that you and the student intern
presented to the AG Planning commission. It is great to see some analysis and
planning on such an important, and often-neglected topic.
Somewhere in the evening- the Bob Jones Trail that SLO treasures came into
.,
discussion. I think AG has the potential to really tie-in to an already existing trail
system- the James Way open space- and creating a multi-pedestrian corridor
and wildlife corridor that would also tie-into the Rancho Grande Park, The South
County Library, and future recreation center.
There could be two phases- Phase one being an easy connection to the
wonderful James Way open space trail system and Rancho Grande Park, the
library, and the future Recreation Center. Rhase one would.be easy enough to
incorporate into the proposed GRAC,E LANE DEVELOPME.NT submitted by
home builder Greg Nester. The patnway and terrain would take little funding or
creativity to make enjoyable. Any builder, and Developer are going to need to
mitigate some of the wetlands that now occur on this parcel. What a great way to
help them sell their homes, and give something like a natural trail system to the .
community!!
Please, Please, take the time to take a nice little stroll or ride from the Library, up
the existing pathway to Rancho Grande park. Then, sit down and look at the
logical and natural tie-in this pedestrian corridor would make for all the residents
of Arroyo Grande. . .
I, for one, have been enjoying this natural pathway to the library with my young
children for the past 6 years. It is not uncommon to see other young families,
joggers, dog walkers, and bikers on this natural trail. I fear the day this open
space is converted to more houses and paved roads.
PHASE 1:
The trail would begin with the existing James Way Trail system and continue up
James Way to the Rancho Grande Park; Then the trail would again begin at the
end of Grace lane and follow the well-'used footpath at the top of the creek due
West towards the South County Library. With only 2 Road crossings-James Way
and Rodeo Drive- Pedestrians could effectively enjoy a 3 Mile trail from James
Way to W. Branch St- where the South County Library sits or across the way to
the potential future rec center site.
Phase I alone would help reinforce the GENERAL PLAN to provide for open
space, pedestrian, corridors, and linkage to community centers. It would be .l
useful for all residents of Arroyo Grande, but especially for the concentration of~
residences within all of the Rancho Grande Tracts, the Equestrian Estates,
James Way, Miller Way. Etc.
4
WHY EVEN CONSIDER THIS: .
* Our recently revised general plan (specifically see C!OS3, C!OS1
and C!OS2) and planning commission guidelines -which specifically define a
premium be put on riparian and wildlife corridors
",
* Recent public meetings and E1R review and comments- where the
general public, several natural resource groups, and the .residents of AG
expressed great compassion and concern for watersheds, open space, and
habitat for plants and animals who have sacrificed much of their space for the
roads, houses, and impacts of our little community.
* Growth continues to snarl the Rancho Parkway! West Branch system.
Pedestrian safety and minimizing the vehicle load on surface streets is vital.
* .. OPEN SPACE! Relief areas are needed within walking distance to other
corrim.unity treasures. This pathway would link Libraries! parks! rec centers, and
residents of AG via a riparian corridor and natural space.
PHASE 2:
From that point a freeway undercrossing ( where there currently exists a
drainage system) or throw this requirement into the Halcyon! Brisco under
crossing project the trail could noW meander towards the ocean via Valley Rd?
. .
We need not look far to see the impacts of growth on our natural community. .
1 )the Pismo lagoon sediment load- that is tied directly to construction.
2) the Oceano flooding and sedimentation, the reason.
3rnie Pismo Clarkia, Red.legged Frog and other declining plants and animals all
point to the impacts of growth.. At the same time-, it is very clear that growth
and change in our community, and elsewhere, is inevitable; how and where we
grow is the thing we need to examine most.
Thank you for your time, commitment and consideration for our fair community.
Please feel free to contact me if you need clarification on anything- but hopefully
you will at least take me up on my challenge to walk or ride the phase 1 trail that I
propose be considered.
Respectfully yours,
Bruce Berlin
221 Avenida De Diamante
Arroyo Grande, CA 93420
(805) 481-4428
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cROM Panasonic FAX SYSTEM.
PHONE NO.
Apr. 25 2005 03:31PM P1
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TO:
DAN HERNANDEZ
FROM:
RON ADDISON
SUBJECT: BIKEWAY AND PEDESTRIAN ENHANCEMENT PLAN
DATE:
APRIL 24, 2006
Having missed the last Commission meeting, I was delighted with the opportunity to
accompany Rob Strong and the rest of the group on today's tour of the principal points of
impact ;nvolved in the Bikeway Plan. I regret that I will miss at least one and possibly two
of our 'next meetings.
Th~re are several comments I would like to make regarding the proposed plan. Mainly;
the number of bicycle lanes proposed seems redundant and 1.UlI1ecessary. As an example,
there are three parallel east/west routes from Halcyon to Elm. One marked bicycle route
should be sufficient for the traffic. .- .' "
Secondly, Mr. Strong proposes reducing the automobile traf!ic lanes on Elm Street from
four to two, south of East Grand to allow for additional sid,ewalks and bicycle lanes in both
directions. I travel this route several times,daily and can understand the desire to make it
safer. The impact on automobile traffic will probably be quite negative. At present, the
three stop signs at Ash, Fair Oaks and Farroll often result in bottlenecks and are often
ignor.ed by bicyclists. Most bicyclists traversing the area use the existing pathway on Oak
., .. .
Park. ~ L'r"- ~I. ,,' I
Another concern 1 have is marking a pathway through the Village proper when Mason
Street to OIllian Alley is existing and much, much safer. .' " I I
,My wife and I walk throughout the Village quite often and do" miss the presence of
sidewalks hi some areas. J question the necessity of changing the flavor of the Village by
adding sidewalks and bike lanes in all the areas where they.are missing. I guess it's a
question of adequate access aI?-d s!lfety .versus the additional cost of updating our. ~ntire
.' ,
Infrastructure. ',. . ,., .. .... "":(."." '. .
~ ~.. r"'Io .
I'll be leaving toWn p;~b~bly- o~-th~' aitem~on of May liih and returning late June 16th.
7
ROM : Panasonic FAX SYSTEM
PHONE NO. :.
Apr. 25 2006 03:31PM Pi
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TO:
. DAN HERNANDEZ
FROM:
RON ADDISON
SUBJECT: BlKEW A Y AND PEDESTRIAN ENHANCEtvlliNT PLAN
DATE:
APRIL 24, 2006
Having missed the last Commission meeting, I was delighted with the opportunity to
accompany Rob Strong and the rest of the group on today's tour of the principal points of
. impact ilJ.volved in the Bikeway Plan. I regret that I will miss at least one and possibly two
of our -neXt meetings.
There are several comments I would like to make regarding the proposed plan. Mainly,
the number of bicycle lanes proposed seems redundant and unnecessary. As an example,
there are three parallel east/west routes from Halcyon to Elm. One marked bicycle route
. should be sufficient for the traffic. r- .' "
Secondly, Mr. Strong proposes reducing the automobile traflic lanes on Elm Street from
four to two, south of East Grand to allow for additional sid.ewalks and bicycle lanes in both
directions. I travel this route several times daily and can understand the desire to make it
safer. The impact on automobile traffic will probably be quite negative. At present, the
three stop signs at Ash, Fair Oaks and Farroll often result in bottlenecks and are often
ignored by bicyclists. Most bicyclists traversing the area use the existing pathway on Oak
- . I .' ..'
Park. . I or 0 - - . ~ I. ..' I - .
Another concern I have is marking a pathway through the Village proper when Mason
Street to OIihan Alley is existing and much, much safer. .'" . I I r
.My wife and I walk throughout the Village quite often and do" miss the pres~nce of
sidewalks hi soine areas. J question the necessity of changing the flavor of the Village by
adding sidewalks and bike lanes in all the areas where they are missing. I guess it's a
question of adequate access aI].d s?-fety,versus the additional cost of updating ow: ~ntire
infrastructure. ...... _ __,' .. _ ..A '_. ~;c..""..r' f. ~
I'll be leaving town Pr-~b;bly- o~ -th~o aitern~on ~fMay 11th and returning late June 16th.
6
- AG bike plan
http://mai1.google.comlmaiV? &ik=89445I b 192&view=pt&th= lOaf...
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Brian Soland <bsoland@gmail.com>
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AG bike plan
Sat, Apr 29, 2006 at 7:09 PM
Adam Fukushima <adamf@slobikelane.org>
To: Brian Soland <bsoland@gmail.com>
Hello Brian,
I wanted to give you feedback on the bike plan. Sorry for taking a while to reply.
I'm really impressed with the bike plan and only have a few criticisms. It's concise, easy to read and
understand. Bravo. A fine job! I would like to come to council and give public comment in favor of it.
Let me know when it is.
Here ar~ my comments.
Would it be possible to put in some words about having traffic law violators (when it involves a
bicycle) take a bicycle education course in lieu of a fine? That way people could learn from their
~istakes rather than just paying a fine and going out to make the same mistake again.
Could the plan establish standards for new development, i.e. when and where a new subdivision
should include bicycle lanes? Also, it would be nice to see the city code require bicycle parking and
!f1ention as to when it is adequate. . .
Could a bike lane be proposed for Arroyo Grande High School on Fair Oaks?
Let me know if you have any questions. Once again, great job.
Best,
Adam.
Adam Fukushima, Executive Director
San Luis Obispo County Bicycle Coalition
P.O. Box 14860
San Luis Obispo CA 93406
Phone (805) 541-3875
Email: adamf(a)slobikelane.orq
Web: www.slobikelane.orq
[Quoted text hidden]
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:nail . AG bike plan
http://mail.google.com/mail/?&ik=89445IbI92&view=pt&th=1 Oaf...
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Brian Soland <bsoland@gmail.com>
.
. .
AG bike plan
Adam Fukushima <adamf@sIobikelane.org>
To: Brian Soland <bsoland@gmail.com>
Mon, May 1, 2006 at 9:56 PM
Brian,
Oh, I forgot to mention that the Bicycle Coalition already offers a
bicycle education course lest you think we expected you to come up with
one on your own. Currently, we are trying to get the City of SLO to allow
bicycle violators to take our course in lieu of a fine. We'd love to do.
the same in AG.
Keep IJP.the good work and I look forward to hearing from you about when
the plan goes to council and the commission.
Best,
Adam
[Quoted text hidden]
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."
5/3/2006 11:22 A~I
ATTACHMENT 2
MEMORANDUM
"
TO:
TRAFFIC COMMISSION
FROM:
MIKE LINN, ASSISTANT CITY ENGINEER
SUBJECT: REVIEW AND COMMENT ON BICYCLE & PEDESTRIAN PATHWAY PROPOSAL
DATE:
JUNE 19,2006
RECOMMENDATION:
It is recommended that the Traffic Commission review the enclosed Bicycle Plan and pedestrian
Pathway Enhancement Plan, Iisten.to the presentation, and provide comments accordingly.
FUNDING:
There are no costs at this time.
DISCUSSION:
Rob Strong, Community Development Director, will present a PowerPoint presentation on the
proposed Bicycle Plan and Pedestrian Enhancement Plan (see Attachment No.1). The
Community Development Department will compile comments from the Planning Commission,
Traffic Commission and City Departments and present them to the City Council at their meeting
on July 13, 2006. Public Works has enclosed their comments for your information.
ALTERNATIVES:'
1. Approve staffs recommendation;
2. Modify staffs recommendation; or
3. Provide direction to staff;
Attachments: . . ? ~..., /,'0" ''\
1. Bike Plan and Pedestrian Enhancement Plan [:..l i C-t>.ol...~, I r, I _C \'....~ ,./
2. Public Works Comments Ccl.o$.Ui .j()('~.l&>,70t:" ('-r.,:, It. './" :'i"'~,yc.(lJ
(etll'\ )
MEMORANDUM
Date:
June 16, 2006
To:
Traffic Commission
From:
Don Spagnolo, Director of Public Works I City Engineer
Mike Linn, Assistant City Engineer
Subject:
Public Works Comments
2006 Bike Plan and Pedestrian Enhancement Plan
The Public Works Department has reviewed the proposed 2006 Bike Plan and.
Pedestrian Enhancement Plan and has the following comments:.
Bike Plan
1. The City's sign inventory is already quite large. Creation of bicycle paths
on streets proposed in the plan will greatly increase the number of signs in
the City.
2. The plan must address implementation. Funding and responsibility for the
additional maintenance labor and resources will also be required.
3. Implementation of the "Road Diet" must be evaluated through the City's
Traffic Model to ensure that there are no adverse affects to the traffic
volumes on adjacent streets.
4. James Way is listed as an "Existing Bike Lane". James Way is currently
striped with edge lines, not bike lane lines that are often assumed to
designate bike lanes.
5. Valley Road is listed as a proposed bike lane. However, it is currently
signed as a bike lane within the City. The County portion is designated as
a bike route.
( Ct i to,)
2.
, .
Creation of bike lanes and paths require ample room within the roadway. Areas,
such as East Grand Avenue from Barnett Street to Halcyon Road, do not have
adequate width and the bike lanes should be located on a parallel street. Cherry
Avenue, Brisco Road and Brand) Mill Road also lack adequate width and should
be designated as bike routes.
The Public Works Department has been very successful and instrumental in
, constructing bike paths throughout the City. Through capital road projects and
special funding allocations bike path~ have been constructed on Fair Oaks
Avenue, Bridge Street, Huasna Road, the Pike, Valley Road, East Grand
Avenue, Olohan Alley and a number of other locations.
Pedestrian Plan
1. The plan must address funding and responsibility for the additional
maintenance labor and resources that will be required.
'.
2. The plan must be coordinated with the recently developed master plan for
ADA compliance.
I I,~ '\ ~
L0'!-\ j
TRAFFIC COMMISSION REVIEW AND COMMENT ON BICYCLE & PEDESTRIAN
PROPOSAL
Mr. Rob Strong, Community Development Directed made a presentation on the draft,
June 2006 Arroyo Grande Bike Plan. He said the purpose of the Bike Plan' is to
improve and encourage bicycle transportation within the City. This will be the City's first
adopted Bicycle Plan and will be an important tool in providing current and meaningful
policies and proposals to shape bicycle facilities and planning the City. Mr. Strong
described the ten priorities and the Commissioners provided the following comments:
. Priority 1 - East Grand Avenue - Class II Lanes - Proposed striping changes will
result in loss of parking. Many of the businesses are small and dependent upon
the on-street parking. The two-way center turn lane is the biggest concern. Rob
Strong stated that Public Works has developed a "weaving plan" to alternate on-
street parking on each side of East Grand Avenue. Rob Strong suggested that a
public hearing could be held to discuss alternatives. Staff could then return to
the Traffic Commission to present the results.
. Priority 2 - James Way - Class II Lanes - This would be a good time to review
. the necessity of stop signs on James Way at Colina Street and Hidden Oaks.
'. Parking on the east side is dangerous. James Way should have minimal stops.
. Priority 3 -South Elm - Class II Lanes- Does Concerned about the potential
negative effects of removing traffic lanes. Believes it will affect the traffic
volumes and may create traffic problems elsewhere. . Commission Borda
emphasized that Elm Street is one of the better streets for moving volumes of
traffic. Commissioner Ross believed the removal of traffic lanes may affect sight
distances for residential driveways.
. Priority 4 ~ Tally Ho - Class III Route - No comment.
. Priority 5 - East Branch/Corbett Canyon (State Highway 227) - Class II Lanes -
The commissioners questioned the placement of bike lanes due to the narrow
width on segments of Highway 227 and asked if Caltrans would be agreeable to
widening the roadway. Rob Strong believed that Caltrans may be able to fund
such a project if a legitimate safety concern is presented.
. Priority 6 - West Branch - Class II Lanes - Most Commissioners believed this
segment of West Branch needs attention. Commissioner Ross stated that this
option may not be worthwhile as an alternatives for the Brisco realignment would
divert traffic from this segment of West Branch. Commissioner Ross did not
agree with the loss of residential parking.
. Priority 7 _ Rancho Parkway - Class II Lanes - Concerned with the completion
of the new senior complex on Camino Mercado and the elderly drivers entering
onto Rancho Parkway. How will bicyclists enter West Branch Street from Rancho
Parkway?
. Priority 8 _ Oak Park Boulevard - Class II Lanes from The Pike to Highway 101;
Class III Route from Highway 101 to Old Oak Park - No comment.
. Priority 9 _ Courtland Street/Ash Street - Class III Bike Boulevard or Class II
Lane - No comment.
. Priority 10- Farroll Avenue - Class II Lanes - Move this priority up on the list.
Director Strong, Community development department, will transmit the Commissioners
comments to the Planning Commission.
The commissioners also received with their agenda packet a copy of the Draft, April
2006 Arroyo Grande Sidewalk/Pedestrian Enhancement Plan for their information.
t&!\'\)
L\
, ,
MEMORANDUM
Date:
July 27,2006
To:
From:
Planning Commission
Don Spagnolo, Director of Public Works I City Engineer ~
Mike Linn, Assistant City Engineer .
S~bject:
2006 Bike Plan and Pedestrian Enhancement Plan
The Public Works Department has reviewed the proposed 2006 Bike Plan and
Pedestrian Enhancement Plan and has the following comments:
Bike Plan .
. The City's sign inventory is already quite large with almost 3,000 signs in a
5.45 square mile area. Signage for bike lanes is required. Creation of
bike routes on streets proposed in the plan, especially residential streets,
will greatly increase the number of signs in the City by almost 1,000 signs.
. The plan must address implementation. Funding and responsibility for the
additional maintenance labor and resources that will also be required.
. Implementation of the proposed "Road Diet" must be evaluated through
the City's Traffic Model to ensure that there are no adverse affects to the
level of service on adjacent streets.
. Valley Road is listed in the plan as a proposed bike lane. However, it is
currently signed as a bike lane within the City. The County portion is
designated as a bike route.
Pedestrian Plan
. The plan must be coordinated with the recently developed master plan for
ADA compliance.
. There does not appear that constructability of the proposed walkway was
considered since several areas have grade problems and property
acquisition.
.'
. The plan must address funding and responsibility for the additional
maintenance labor and resources that will be required. Although some
funding sources have been identified for construction, there have not been
any on going funding identified for maintenance.
. The plan does not address pedestrian movements and priority projects to
enhance pedestrian movements as they relate to connection with area
transit.
Creation of bike lanes and paths require ample room within the roadway. Areas,
such as East Grand Avenue from Barnett Street to Halcyon Road, do not have
adequate width and the bike lanes should be located on a parallel street. Cherry
Avenue, Brisco Road and Branch Mill Road also lack adequate width and should
be designated as bike routes.
Also consideration needs to be given to constructability, property acquisition and
ADA requirements for the pedestrian plan.
c: City Manager
. PLANNING COMMISSION
MINUTES
AUGUST 1, 2006
ATTACHMENT 41
PAGE 11
RESOLUTION NO. 06.2006
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL
AMEND PORTIONS OF TITLE 16 OF THE ARROYO GRANDE
MUNICIPAL CODE (DEVELOPMENT CODE AMENDMENT CASE NO.
04-005) MODIFYING THE ZONING MAP AND CHAPTERS 16.04, 16.12,
16.32 & 16.44 TO ENSURE CONSISTENCY WITH THE ARROYO
GRANDE GENERAL PLAN
The motion was approved by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Brown, Parker, Tait and Chair Fellows
None
Commissioner Ray
Chair Fellows (abstain from Design Overlay District 2.2 & 2.3 only)
The foregoing resolution was adopted this 1st day of August 2006.
Ms. McClish stated that discussion on this item will continue to the September 5, 2006
meeting.
C. GENERAL PLAN AMENDMENT CASE NO. 06-002 - BIKE & PEDESTRIAN
PLAN; APPLICANT CITY OF ARROYO GRANDE; LOCATION - CITYWIDE
Community Development Director, Rob Strong, presented the staff report for review of a
bike and pedestrian plan prepared by Planning Intern, Brian Soland and himself, and
the recommendations of Parks and Recreation Commission and Traffic Commission to
amend CirculationlTransportation and Parks & Recreation Elements of the 2001
General Plan. In conclusion, Mr. Strong recommended the Planning Commission
approve the Resolution recommending that City Council adopt the 2006 Bikeway and
Pedestrian Enhancement Plan.
Mr. Strong replied to Commission questions:
. The proposed Class 1 bike paths near Oak Park, north of New Hope church, are
currently in the Circulation and Parks and Recreation Elements, but there is no
trail and it is wetland and would definitely require environmental analysis.
. The proposed bike trail from La Canada to the future Hidden Oaks School is not
a priority at this time.
. The suggestions from Adam Fukushima, Bicycle Coalition, regarding bicycle
violators taking a course in bicycle education in lieu of a fine, could be included in
the Bike Plan
. Re grants/Federal funding: Having a bike plan will enable the City to apply for
these grants.
. Re "The Safe Routes to School Program", most of the priorities listed are routes
to school.
PLANNING COMMISSION
MINUTES
AUGUST 1, 2006
PAGE 12
. Regarding Hwy 227 (was priority 3), The State has not yet relinquished this
portion; Caltrans is responsible for weed abatement in the area along East
Branch Street below Paulding Middle School; the lane striping is not a bike lane,
but a shoulder strip; concerns regarding the weed encroachment and the fact
that this is a high accident spot can be forwarded to Caltrans with a request to
maintain more frequently.
In reply to a request from Commissioner Parker regarding the Accident Report from
Public Works becoming available, Mr. Devens stated he would pass this request on to
Don Spagnolo, Director of Public. Works.
In reply to questions from Commissioner Brown, Mr. Strong stated he believes the
City will move forward on the top 10 priority list to do striping plans, signage
plans, and cost estimates if the Council approves the plan.
Commissioner Brown stated he believed that pedestrian routes were more
important than bicycle routes and should have first priority.
Chair Fellows opened the public hearing for public comment and hearing none closed.
Commission Comments:
Brown:
. He wanted to make the recommendation that the priority should be on pedestrian
walkways although bikeways are important; the City should get creative to figure
out a way to fund this.
Tait:
. He agreed with Commissioner Brown's comment particularly how the Bike and
Pedestrian plan can be implemented and the funding sought.
. Pedestrian bicycle bridges (links for shortcuts) are also important.
. Re the Grand Jury Report and their findings that up to 25% of morning commutes
consists of parents driving their children to school, exposing them to hazards of
air pollution, traffic, and causing lack of physical activity; it is important to get the
children out to walk or bike to school; the City should look for funding for safe
routes to school and the school district should also encourage this.
. It is important that the City look into tying into an already existing trail system, the
James Way open space, as recommended in Mr. Berlin's letter to the City, in
order to create a multi-use pedestrian and wildlife corridor that would also tie into
Rancho Grande Park, the library, and the future recreation center.
Parker:
. She would like the reference to the proposed bike path on the property on La
Canada to Hidden Oaks as well as the connection north of New Hope Church
removed from the report; both sites are a huge environmental issue.
PLANNING COMMISSION
MINUTES
AUGUST 1, 2006
PAGE 13
. Priority should be given to the pedestrian connections across Arroyo Grande
Creek (two connections: Strother Park/Coach Road and Cherry Creek), for
student's safe access.
. She would like to remove references that bicycle lockers must/shall be provided
(page 13 &15); long-term parking is expensive and could provide problems for
keeping them clean (may provide shelter for animals and the homeless); she
would rather see money spent on sidewalks, bike paths, and pedestrian safety at
this time.
. It is a good idea to include the recommendation regarding safety classes instead
of fines.
Fellows:
. Thanked staff for the plan and stated he hopes this plan will encourage bicycle
riders although he agrees that there are more walkers than riders at present.
. The bridges are important; there is also a need for a narrow bridge where Le
Point is broken in two near Tally Ho Creek.
Commissioner Brown stated he would like the motion to have language that would
include a recommendation to City Council that places pedestrian infrastructure of first
importance.
Chair Fellows stated that he would like to see the bike and pedestrian plan presented as
being of equal importance.
Chair Fellows made a motion, seconded by Commissioner Parker, to recommend
approval to the City Council of the General Plan Amendment Case No. 06-002 with the
Commissioners comments included.
Commissioner Tait said the Commissioner's comments are on record so the City
Council will be made aware of them.
The motion remained as stated including adoption of:
RESOLUTION NO. 06-2007
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THE CITY COUNCIL APPROVE
GENERAL PLAN AMENDMENT CASE NO. 06-002, TO ADOPT THE
2006 BIKEWAY AND PEDESTRIAN ENHANCEMENT PLAN & AMEND
THE 2001 GENERAL PLAN CIRCULATlONITRANSPORTATION AND
PARKS AND RECREATION ELEMENT AS INITIATED BY THE CITY OF
ARROYO GRANDE
The motion was approved by the following roll call vote:
PLANNING COMMISSION
MINUTES
AUGUST 1, 2006
PAGE 14
AYES:
NOES:
ABSENT:
Chair Fellows, Commissioners Parker, Brown and Tait
None
Commissioner Ray
The foregoing Resolution was adopted this 1st day of August 2006.
III. NON-PUBLIC HEARING ITEMS: None.
IV. REFERRAL ITEMS FOR COMMISSION ACTIONI
NOTICES OF ADMINISTRATIVE DECISIONS SINCE JULY 18, 2006: None.
V. DISCUSSION ITEMS: Alternative Process and Schedulinq of Administrative
Decisions to the Planninq Commission (continued from the special meetinq of Julv 13,
2006): Mr. Strong stated he was looking for Commission direction on the best way to
allow adequate time for discussion of an Administrative Agenda that the Commission
may wish to appeal.
Commissioner Tait stated that this is a complex and important issue and due to the late
hour he would like to delay the discussion to the joint meeting.
Commissioner Parker referring to the staff report, expressed her disagreement with two
statements in the report: 1) First page, last sentence, regarding automatic extension of
the adjournment at 10:00 pm. to allow time for Commission discussion, and stated the
decision to extend the meeting past 10:00 p.m. should be a Commission decision, 2)
First paragraph, second page, regarding the "courtesy appeal" if a Commissioner has a
question about a project it is important to hear it out, especially if adequate information
has not been provided.
Commissioner Brown agreed with Commissioner Parker's comment regarding the
"courtesy appeal", but believed that this discussion was taking place due to the fact that
insufficient information was given to the Commission (due to staff shortage) on a project
which caused an appeal to be requested; the process has otherwise been successful
and he did not that they should "make a mountain out of a molehill". He would like to
see the appeal process stay in place.
The Commission decided to defer further discussion until the joint meeting of August 14,
2006.
VI. PLANNING COMMISSION ITEMS AND COMMENTS:
Chair Fellows stated he had two comments: 1) That generic name plates be placed at
the staff table for public information during Planning Commission meetings, 2) That
seagoing containers were becoming part of the landscape of the City and Mr. Strong
has confirmed that the City will be enforcing the Code and not allow the containers.
Commissioner Brown asked Mr. Strong if Cingular Wireless had contacted the
Methodist Camp to discuss the feasibility of locating the monopine at their location.
,
,
~ ATTACHMENT 5
(':J~Sii~. ;'~., .j ~ .:': '. "
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. . r,.. ./:' ' J
--.,'.:I;;[lI'
'/'"
. San Luis Obispo County Grand Jury J,JI'J ~_: ~~ ~,~I".~
2005-2006 FINAL REPORT CITY 0'0 p"
r. . I "~ROYO GO
TABLE OF CONTENTS .-O;v,.";1U;"lilY DE\'EL~~:i:'i~
TABLE OF CONTENTS .......................:..............................................:........................... 1
INTRODUCTORY LETTER....... .... .... ........... ............... ... ............. ....... ..... ........................3
Special Acknowledgements......................................................................................:..... 6.
AUTHORITIES FOR GRAND JURY INQUIRIES ............................................................ 9
AUTHORITY FOR AGENCY RESPONSES.................................................................. 11
Reports:
DEPARTMENT OF CHILD SUPPORT SERVICES - AKA: Deadbeat Parents ............. 13 .
ARE SAN LUIS OBISPO COUNTY CITIZENS SAFE? ................................................. 17
RED LIGHT - GREEN LIGHT........................................:.............................................. 19
COUNTY HARBORS ................. .......... ...................:~..................... ...............................25
PESTICIDE USE AT THE AGRICUL TURALlURBAN INTERFACE........................~..... 35
THE SAN LUIS OBISPO COUNTY GANG TASK FORCE.............................:...:...:...... 49
THE CUESTA COLLEGE NURSING PROGRAM AND THE NURSING SHORTAGE IN
SAN LUIS OBISPO COUNTY ...................................................:...........................:.......55
THE SAN LUIS OBISPO COUNTY PLANNING COMMISSION ...................:............... 61
ADDE;NDUM TO PLANNING COMMISSION REPORT ................................................ 73
SHELTER FROM THE STORM - An Inquiry Into Resources for Battered Women in San
Luis Obispo County............... .... .... .........:..... ............................................ .....................77
. LOS OSOS COMMUNITY SERVICES DISTRICT ........................................................81
AREA ADVISORY COUNCIL RESOLUTION...........................,..:................................. 87
y_ BICYCLE RIDJN~ IN SAN lUI;; QBISPO COUNTY: "Sharing the Road"................... 107
J ___-- .." .--- -----,- ---..-----.-- ---... . ------------ -----.
ATASCADERO HIGH SCHOOL: Racial Issues .......................................................... 119
COMMUNITY SCHOOLS........ ..... .... ............................................. ............ ....... ...... ..... 131
OAK TREE PRESERVATION IN SAN LUIS OBISPO COUNTY ................................141
AGING OUT: The Future of Foster Children ............................................................... 151
RESTRAINING ORDERS: "Paper Thin Protection" .................................................... 161
SAN LUIS OBISPO COUNTY FLEET GARAGE......................................................... 189
Page 1 of265
- - - - - - - - - - -
-
BICYCLE RIDING IN SAN LUIS OBISPO COUNTY:
"Sharing the Road"
The bicycle is the most common form of mechanical
transportation in the world. It is recognized as a form of
efficient, clean and quiet transportation. In many countries like
Denmark, the Netherlands and China, bicycle commuters far
outnumber motor driven commuters; worldwide, bicycling is
second only to walking as the dominant means of
transportation.
"
/,-'.:
i':I"..
The modern multi-speed bicycle was invented in the 1890s.
The bicycle became so popular that the first paved streets and
. roads in this country were designed for the bicycle. Shortly
after the introduction ofthe multi-speed bike, the horseless carriage rolled onto the ~cene. .As the
early automobile.made its way onto urban streets and country roads, the bike vs. car tension
began. A new issue emerged: Can the bicycle and the automobile safely exist together in'
hamlOny? Today in the US, as the automobile dominates the roadways, the tension is greater
than ever, and there is still the issue of safety.
ORIGIN
The Grand Jury feels an inquiry into the safety of bicycle use in San Luis Obispo (SLO) County
is warranted. After observing numerous bicyclists failing to follow basic traffic laws, members
of the Grand Jury were concerned about the safety of cyclists in the County.
METHOD
The Grand Jury's research included:
tJ Interviews with local law enforcement agencies and the Califomia Highway Patrol
" Interviews with a local cycling club and cycling advocates
tJ An interview with a representative of the San Luis Obispo County Bicycle Advisory
Pg 107 of265
I
Ii
Committee
" An interview with a representative from the San Luis Obispo County Bike Coalition
" Interviews with San Luis Obispo COUnty Public Works staff
" Review of the Califomia Vehicle Code Sections covering bicYcle Operation
" Review of statistics in San Luis Obispo COUnty regarding fatalities, injuries and personal
property damage related to bicycle accidents
" Review of League of American Bicyclists 'BikeEd' bicycle safety COurse
" Review of funding SOurces for bicycle safety programs and infrastructure
" Review of the Federal Highway Administration Safe ROutes to School Program
'.
s" L,;, Ob;,,,, Co,o", ;, 00' of ,", P"m;" bky,!;o, '"'' ;0 C'!;fo,.;,. Th, '0,"".,
weather, gorgeous scenery, rolling terrain, and relatively low automobile traffic volume attract
cyclists from all over the state and the country.
NARRATIVE
Share the Road - For over a century, motorists and bicyclists have vied for the finite amount
. . .
of space on roads alld streets. The automobile has replaced the bicycle as the dominant means of
transportation in this COUntry. Yet the efficient, flexible and environmentally sound bicycle
continues to fight for its place on public streets and roads.
Some motorists perceive the streets and highways as conduits for motorized traffic, and see
cyclists as an impediment. On the other hand, some cyclists defend their intrinsic right to use the
roadways but belie~e compliance with some traffic laws is only meant for motorized traffic.
Both sides of this debate complain that it slows them down. .
According to the Federal Energy Information Administration. nearly 63% of the oil we consume
is to power cars and trucks. In an effort to reduce oil consumption, government agencies and
environmental and transportation experts enCOUrage the adoption of tranSportation alternatives.
Bicycles are praised as a culturally and environmentally healthy mode of transport. .
Pg 108 of265
Bicycle use will continue to grow as an integral component of our future transportation system:
The automobile culture will encounter many more bicycles on the streets and roads (keep in
mind that over 95% of cyclists also drive cars).
Retail bicycle sales have seen a modest increase in the past t\\:o years. Sales oflarge automobiles
are down substantially, and small, fuel-efficient car sales are booming. The key to coexistence is
learning to share the road legally and respectfully.
Bicycle Accident Statistics - Following is a table displaying the bicycle-related accident
statistics in the unincorporated areas of the County. The data source for the table is page six of
the 2005, Calmty Bikeways Plan.
Bicycle-Related Accident Statistics In Unincorporated Areas of SLO County
Bike at Bike at Auto at Auto.at Other
5-Year Accidents Fatalities
Fault Fault Fault Fault Fault
Blocks' # #
# % # % %
2000-2004 65 31 48 25 38 14 0
1995-1999 82 54 66 21 26 8 2
1990-1994 128 102 80 23 18 2 2
# = Number % - Percent
* NofiguresfiJr ]()()5 (II'ailahle.
Analysis of the table, Bicycle-Related Accident Statistics, indicates that the number of bicycle
accidents has declined 49% in the last 15 years. The statistics for accident responsibility reveal
that cyclist fault dropped by nearly 70% while automobile fault increased 8%.
Based upon complete data from the IS-year period from 1990 through 2004, there is a strong
trend toward increased bicycling safety. The data show a steady and dramatic decline in cycling
accidents and cyclist-caused accidents in the last fifteen years. Whether the reduction is a result
of improved safety education, more effective regulation or public awareness, cycling is safer
today than 15 years ago.
Pg 109 of265
Education - Few of us can forget the joy in receiving our first bicycle. Yet, how many of us
,
remember being taught our new bike was, a vehicle; and we had the same rights and
responsibilities as any motorist behind the wheel of a car? How many of us were told the new
bike was not a toy but a mode of transportation? Most our parents told us to stay out of the way
of cars and stop at stop signs.
Today, many Americans still see cycling as a means of recreation rather than seTJOUS
transportation. The League of American Bicyclists (founded as the League of American
Wheel men in 1880) offers a series of comprehensive cycling safety Courses for every skill-level
and age of rider. This series of courses (BikeEd) provides bicyclists and motorists alike with the
essentials for safe cycling. The San Luis Obispo Bicycling Club (SLOBC) offers this quality
training to the public at no cost. For years, the SLOBC has been providing free helmets to
juvenile riders as another commitment to safe cycling. The San Luis Obispo Bike Coalition
offers additional bicycling safety training. The SLO Bike Coalition is an organization of cycling
advocates and a variety of bike-friendly, local businesses that promote increased walking and
bicycling for daily transportation and recreation. Every two months the Bike Coalition teaches a
safety course for experienced cyclists.
Ideally, teaching safe bicycling must start with elementary school age children. Children must
be taught that when bicycles 'are ridden on streets and roads. they are vehicles not toys. Some
local schools in the county allow a child to ride a bike to school only after the child first passes
an annual "bicycle safety test." Some schools offer "bike rodeos" which test the young
participants' bike handling skills. Unlike "BikeEd," the programs fail to teach essential bicycle
safety and the concept of "being visible, predictable, and'legal" to young cyclists.
The benefits of vehicle safety training can be remarkable. For example, in I 988, California
implemented a mandatory motorcyclist safety:training program. In the first nine years of the
training program, California saw a 67% drop in motorcycle crashes and a 69% drop in
motorcycle crash fatalities. California and national highway safety experts credit this pre-
licensing safety-training program and mandatory helmet laws as the basis for the major reduction
in motorcycle fatalities.
Pg 110 of265
- - - - - - - - - - - - - - - -
Bicycle clubs and coalitions are working constantly to educate cyclists to be safe riders. Judging
from data presented in the Bic:\'de-Related Accident Statistics table, these groups appea~ to be
meeting with SO!l1e success.
Enforcement - Bicyclists, like motorists, are required to obey all traffic laws. Every person
riding a bike on a street or highway has all the rights, and is subject to all the rules applicable to
the driver of a motor vehicle (Vehicle Code 21200). This means stopping at stop signs and
traffic lights, signaling before turning, staying far to the right as a slower vehicle, etc. Bicycles
ridden at night are required to have reflectors and ample lighting. Smart night-riders go beyond
what is require?, by wearing reflective clothing and ensuring they are readily visible front, back
'and sides.
Ask almost any motorist if he or she has seen a cyclist disregard a traffic law and you'll likely
get a positive response: Ask almost any cyclist the same question, substituting car for cyclist.
and you'll get the same response. The Grand Jury heard testimony from law enforcemei1t
personnel, bicycle advocates, local bike club members and motorists. All agreed: numerous
cyclists disregard the traffic laws to a degree that creates a hazard for them and, to a lesser
extent, motorists. The most conlmon traffic citations issued to cyclists in the City of San Luis
Obispo are (I) running stop signs and traffic lights, (2) no helmet, (3) riding on sidewalks and (4j
wearing earphones.
Interviews revealed enforcement of traffic laws with regard to cyclists is not a top priority for
local law enforcement agencies or the California Highway Patrol (CHP). Limited ,law
enforcement staffing is the biggest obstacle to enforcing of traffic laws regarding cyclists. The
limited supply of traffic officers cannot meet the enforcement demands 'of cyclists and motorists.
As a result of recent state budget cuts, local law enforcement agencies have had to reestablish
~nforcement priorities.
fo the ire of many motorists and frustration of many cyclists, automobile traffic consumes most
)f the traffic-related law enforcement. There is good rationale behind prioritizing traffic
Pg II I of265
,
,
lI.IIl1Ifl
enforcement on cars rather than bicycles. If an auto runs a red light or a stop sign: causing an
accide,nt, the odds are the accident is more likely to result in multiple injuries and major property
damage. On the other hand, if a cyclist runs a red light, and an accident occurs, it is likely the
only injury is to the cyclist.
On occasion, in response to citizen complaints, the City of San Luis Obispo has targeted cyclists
for increased traffic enforcement. The result was a minor increase in bicycle compliance
coupled with a major increase in complaints, from both cyclists and motorists, that the police
were ignoring motorist violations and unfairly targeting cyclists. For the City of San Luis
Obispo, it was a 'no-win' exercise.
Engineering the Infrastructure - Currently, the County of San Luis Obispo owns and
maintains over 100 miles of bikeways. Since 1992, over 50 miles of bikeways have been added
to the county's inventory of bike routes.
Maintenance of bike lanes typically consists of sweeping road debris (broken glass, rock, sand.
etc.) from the bike lanes and surface repair (potholes, washouts, cracks, etc.).. Bike lane
maintenance is either done on a scheduled or an as-needed basis. To the cycling community.
bike lane maintenance is absolutely critical in providing and
sustaining a safe and viable bike route. Broken glass, debris and
road surface irregularities can cause a bike rider a flat tire or a
serious fall. If a bikeway is littered with debris or is too rutted or
cracked for safe bike handling, the cyclist is forced to ride in the
traffic lane (legal for cyclists in cases like this), which can be
dangerous for both motorists and cyclists. Bikeway maintenance
is most often mentioned in complaints and lists of cycling
community needs. Clean, well-maintained bikeways are
essential to safe bicycling.
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Providing enough shoulder width for bike lanes on rural roads is not always possible. In case,
where there is no shoulder or where road conditions make a bikeway impractical (gravel surfaced
Pg 112 of265
-
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ti
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I. cyclists have little or no separation from traffic lanes. Bike lanes are typically marked
I stenciled bicycle, and often streets and roads have signage cautioning motorists of cyclist
lce. Signage is needed on illl roads without bikeways, warning both cyclists and motorists
caution and share the road.
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Each year, local bicycle clubs and cycling advocates
provide the County with a list of issues that concern
the cycling community.
That list, "Unmet Bike
Needs," consists of infrastructure projects and
maintenance-needs which local cyclists identify as
important to safe bicycling. Of the 34 items on the
current list of cycling needs, nearly half are
maintenance issues. The remainder is requests for
\'ays, or portions thereof, to be constructed between communities or areas of concentrated
lation activities. The County currently has a list of 109 bikeway projects to be constructed,
of which have been on past cycling needs lists.
:'ounty Public Works Department and the San Luis Obispo Bicycle Advisory Committee (a
City cyclist advisory group) meet on a quarterly basis to review cycling-related issues,
ding progress on the "Unmet Bike Needs" list. The Bicycle Advisory Committee provides
;ight and policy direction on matters related to bicycle transportation in San Luis Obispo and
lationship to bicycling outside the city.
jing and Promotion - The Grand Jury examined a number of legislative bills, regulations,
programs that provide funding or support for bicycle use. According to the 2005 COllll/Y
\l'ays Plall funding sources include:
State gasoline taxes - This is a source of revenue that is expected to decline over time as
more fuel-efficient cars are used and as a result of state budget shortfalls.
General Fund - Not a reliable source as expenditures in other areas of government
increase.
Pg 113 of265
II Local sales tax and assessment districts - Not reliable, as both require public, ~upport for
tax increases and assessments.
II Transportation legislation - The California legislature provides a moderate level of
funding for traffic projects throughout the state. Grant funding includes money for
transportation, traffic safety, and bikeways projects. However, obtaining these grants is a
highly competitive process.
An example of a transportation legislation program is the Bicycle Transportation Account
(BT A). The 2006-07 BT A program provides approximately $5 million for bicycle
projects. Local agencies can only submit one application and compete on a statewide
basis for these funds. Competition for BT A funds is significant. In 200 I the State of
California received over $29 million in requests for BT A funding, but only 25% of those
requests could be funded.
II Air qualitv mitigation - California and county coalitions provide a .moderate level of
grant funding for alternative transportation and clean air projects. In southern SLO
County, an air quality impact fee is administered by.a coalition of county agencies. The
fee generates revenues to support transit improvements, park-and-ride lots and bicycle
facilities.
II Clean Air arid Transportation Act - In 1990 an initiative ballot measure to fund a
variety of alternative transportation projects, including bikeways. The SLO County
region received $10 million to divide among the county and the seven incorporated cities.
The voters have defeated subsequent similar bond measures, soit is unclear whether there
is a reliable future in this type of funding.
II Development impact fees and developer extractions - Both of these funding approaches
rely on new development but only to the extent of mitigating the impacts of development.
New development can only be charged for the impacts it creates, not for correcting any
existing deficiency. When construction and need for new roadways are triggered by
development, the developer is required to construct the roadways and bikeway facilities.
Pg 114 of265
" Parks. trails and user fees - Meant to directly assess users; this funding source has not
.
.
been successful. Bicycle registration and use fees have. for the most part. not been
successful because of enforcement.difficulties.
Safe Routes to Schools - The once common sight of children walking or riding bicycles to
school has all but vanished in many communities. The Federal Highway Administration offers
these statistics: up to 25 percent of morning commutes consists of parents driving children to
school. Fewer than 15 percent of all school trips are made by walking or bicycling. one-quarter
are made on a school bus. and over half of ail children arrive at school in private automobiles.
According'to the California Dept. of Health Services. pedestrian/auto accidents are the second
leading cause of fatal injuries among 5-12 year-olds; bicycle crashes are fifth. Children and
seniors are at greatest risk of injury as pedestrians and cyclists. Traffic experts list two
fundamental reasons: (]) unsafe traffic spe~ds and (2) inadequate or no sidewalks or bikeways.
The purpose of the Federal Safe Routes to School Program (SRS) is to'address these issu.eshead
on, with the support of the California Department of Health Services, CHP and the Califomia
Bicycle Coalition
The SRS program, administered by the CHP and Department of Transportation. grants the state
the authorfty, .....to /lse federal transportation jilllds for the construction of hic:\'c!e and
pedestrian sqFety and trq/lie calming projects." With transportation funding available
specifically for this purpose, many communities all across California are implementing SRS
projects.
I"
Both Canada and England have seen remarkable success in the implementation of SRS. The
installation of bike lanes. raised pedestrian crossings. and traffic calming have cut traffic speeds
considerably, making conditions much safer for pedestrians and cyclists. Bicycle use tripled in
t\\'o years and bike parking capacity doubled. Reduced residential zone speeds (flOW 20 mph)
resulting in a 70% reduction in child pedestrian injuries and a nearly 30% reduction in child
Pg 115 of265
'.'
bicycling causalities.
Finding 1: Bicyclists are required to obey all traffic laws. Every person riding a bike on a street
or highway has all the rights and is subject to all the rules applicable to the driver of a 1110tor
vehicle. (Vehicle Code 21200)
FINDINGS
Finding 2: Law enforcement agencies set higher priority on enforcement of motorized traffic.
There are so many more cars than bicycles. and the consequences of a traffic accident while
driving a car are likely to be significantly more serious than those involving a bicycle.
Finding 3: Testimony revealed substantial state funding cuts have forced the SLO Police
Department to reduce traffic enforcement by 40% in recent years. The funding cuts have
impacted the County Sheriffs Department as well. (The CHP is required to enforce traffic laws
on unincorporated roads as well as state highways.)
Finding 4: Providing enough shoulder width foi bike lanes on rural roads is not always
possible. There is too little signage on roads without bikeways. warning both cyclists and
motorists to use caution and share the road.
Finding 5: There was unanimous agreement among local cycling club members and cyclists
interviewed that toO many cyclists fail to folloW basic Vehicle Code regulations. Cycling groupS
from the League of American Bicyclists to SLO Bike Club encourage tough enforcemcnt of
traffic laws for cycling violations.
Finding 6: Although there is real need for bike safety programs for all cyclists. there are 'a
limited number of bicycle safety programs in SLO County.
Finding 7: There is an ongoing need for additional bikeways and maintenance of existing
bikeways. Although there are a number of funding sources for bikeways and safe cycling
projects. development of cycling and pedestrian friendly infrastructu're is expensive. The
competition for these funds is fierce.
Pg 116 of265
- - - - - - - --
- - - - - - - --
- - - - - - - --
- - - - - - --
-
RECOMMENDATIONS
Recommendation I: Working with local cycling groups and the Bicycle Advisory Committee.
local law enforcement agencies and San Luis Obispo County should generously support the
countywide implementation of the "BikeEd" program or similar bicycle safety training program.
Support may be monetary, venue provision, advertising. staff assistance, etc. or other in-kind
services. (Findings 1,5 & 6)
Recommendation 2: The County should continue to actively seek funding for bikeways and
bike and pedestrian safety construction projects and programs, such as the "Safe Routes to
Schools" program. (Findings 6 & 7)
Recommendation 3: Law enforcement agencies should implement target enforcement programs
aimed at improving cyclist compliance with traffic regulations to insure public safety. (Findings
1,2,3 &5)
Recommendation 4: Motorists and cyclists alike would travel safer if narrow, rural roads were
marked with permanent signage waming both cyclists and motorists to use caution and share the
road. (Finding 4)
REQUIRED RESPONSES
.
The San Luis Obispo County Public Works Department: Due 7/21106 (Findings 4& 7
and Recommendations 1,2 & 4)
. .The San Luis Obispo County Sheriff's Department: Due 7/21106 (Findings 1,2 & 5 and
Recommendations 1 & 3)
.
The San Luis Obispo County Board of Supervisors: Due 8/23/06 ,(Findings 1,2,4,5 & 7
and Recommendations I through 4) ,
.
The San Luis Obispo City Police Department: Due 7/21/06 (Findings 1,2,3 & 5 and
Recommendations I & 3)
.
The San Luis Obispo City Council: Due 8/23/06 (Findings 1,2,3 & 5 and
Recommendations I & 3)
Pg 117 of265
CONCLUSION
"
Bicycling accident statistics indicate that bicyclists are riding safer today than they were 15 years
ago. There is still a need for cyClist safety training and enforcement of traffic laws as they appl\'
to the bicycle rider. Educating the bicyclist to ride safely and share the road with motorists
should start with youngsters. Teaching our children that bicyCles are vehicles, to be operated
accordingly, is the key to bicycle safety.
The Grand Jury believes school districts should teach safe cyCling, like the nationally cel1ified
"BikeEd" safety course, through the use of local resources like the San Luis Obispo Bicycle
-. Club. The approach need not use additional Classroom or staff time. Bike safety courses can be
taught by League of American BicyClists certified trainers during established physical edu~ation
times in three to four Classes per school year
Furthermore, the Grand Jury encourages school districts to implement the local "Safe Routes to
Schools" program in their respective communities. The daily ritual of parents delivering their
children to school exposes children to the hazards of traffic, air pollution arid a lack of physical
activity. The SRSprogram inCludes the "Walk to School Day," funding for crossing guards,
reducing traffic congestion, learning traffic safety skills, separating drop-off areas to protect
children who walk or bike, and other useful ideas. The California Department of Health Sen'ices
and the California Safe Routes to School Clearing House are the program contacts.
Law enforcement agencies establish their enforcement priorities based on staffing levels. There
is greater demand for enforcing traffic laws for motorists rather than for cyclists. Limited
staffing is the biggest barrier to enforcement demands from both cyClists and motorists
As the number of automobiles and bicycles increases, it is necessary for motorists and cyclists to
practice tolerance and patience toward each other. Traffic jams and fuel prices can act as a
catalyst for a new wave of cyCling. Using a combination of education, enforcement and
engineering increases awareness and improves infrastructure, allowing everyone to share the
road.
Pg 118 of265
9.d.
MEMORANDUM
TO: CITY COUNCIL
FROM: TIMOTHY J. CARMEL, CITY ATTORNEY~
SUBJECT: CONSIDERATION OF A RESOLUTION ORDERING FORMATION OF
THE GRACE LANE ASSESSMENT DISTRICT, CONFIRMING
ASSESSMENTS, DISTRICT DIAGRAM AND APPROVING THE
LEVYING OF ASSESSMENTS
DATE: NOVEMBER 28,2006
RECOMMENDATION:
It is recommended the City Council adopt a Resolution Ordering the Formation of the
Grace Lane Assessment District, Confirming Assessments, Assessment District
Diagram and Approving the Levying of Assessments.
FUNDING:
The total assessment amount of $9,334.95 per annum collected from all benefited
properties within the District is the estimated cost of operation and maintenance of
improvements, as described below. This amount includes administrative costs and is
subject to an annual cost of living adjustment.
DISCUSSION:
The conditions of approval for the Grace Lane Subdivision ("Tract 2236") require
formation of an assessment district to fund the operation, maintenance, and repair costs
associated with certain specified tract improvements. Pursuant to the procedure set
forth in the Landscaping and Lighting Act of 1972 (Streets and Highways Code 922500
et seq.) Vista Roble LLC, ("Owner"), the sole owner of the Grace Lane Subdivision, has
filed a petition ("Petition") (Attachment 1), which requests establishment and formation
of the Grace Lane Assessment District. On September 26, 2006, the Council adopted a
Resolution initiating proceedings for formation of the Grace Lane Assessment District.
On October 10, 2006, the Council adopted a Resolution declaring an intention to form
the Grace Lane Assessment District. Vista Roble LLC, has prepared, and the Council
has considered and tentatively approved the required Engineer's Report (Attachment 2),
which describes and establishes the formula utilized, assessment amounts for each
benefiting unit as well as the total assessment within the proposed assessment district.
Pursuant to Government Code 953753, the City served the required forty-five (45) day
notice and provided the Owner with an assessment ballot ("Assessment Ballot") to
support or oppose formation of the Grace Lane Assessment District prior to final Council
consideration of the formation of the Grace Lane Assessment District. This preserves
CITY COUNCIL
CONSIDERATION OF A RESOLUTION ORDERING FORMATION OF THE GRACE LANE
ASSESSMENT DISTRICT, CONFIRMING ASSESSMENTS, DISTRICT DIAGRAM AND THE
LEVYING OF ASSESSMENTS
NOVEMBER 28, 2005
PAGE 2
the Owner's absolute right to prevent District formation. The City received the
Assessment Ballot with an affirmative vote, which was determinative, for formation of
the Grace Lane Assessment District. As of the date of preparation of this memorandum,
the affirmative vote for formation of the District has not been changed. The owner has
an absolute right to change its affirmative'vote through the close of the public hearing
for this item. The final step in this process is the Council's consideration of a Resolution
ordering formation of the Grace Lane Assessment District, confirming assessments,
district diagram and approving the levying of assessments. The Resolution is structured
to take effect upon the recordation of the final map for Tract 2236. .
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve staffs recommendation to adopt a resolution ordering the formation of the
Grace Lane Assessment District, and confirming assessment, diagram, and levying
assessments thereon;
2. Do not approve staffs recommendation'to order formation;
3. Provide direction to staff.
Attachments:
1. Petition
2. Final Engineer's Report
3. Notice of Public Hearing and Assessment Ballot
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ORDERING FORMATION OF THE
GRACE LANE ASSESSMENT DISTRICT CONFIRMING
ASSESSMENTS, ASSESSMENT DISTRICT DIAGRAM,
AND APPROVING THE LEVYING OF ASSESSMENTS.
WHEREAS, the City of Arroyo Grande ("City") is authorized under the procedures of the
Landscaping and Lighting Act of 1972 (commencing with Streets and Highways Code
922500 et seq.) to form an assessment district and to levy assessments thereon to
maintain certain specified improvements within the City; and
WHEREAS, Vista Roble, LLC, ("Owner") is the sole owner of certain real property (the
"Property") located within the City being developed as a residential subdivision ("Tract
2236" and/or the "Project") and including certain improvements; and
WHEREAS, Owner has filed a petition with the City Clerk ("Petition"), requesting the
City to form an assessment maintenance district, commonly referred to as the Grace
Lane Assessment District (hereinafter referred to as "District") to provide a means to
finance the costs of the maintenance, operation and service (including administrative
costs, and establishing a reasonable reserve), for improvements that specifically benefit
the Property; and
WHEREAS, said improvements are described in the Engineer's Report (the
"Improvements") and include, but are not limited to 1) a pedestrian trail across the open
space property (Lot B) including, but not limited to, the existing informal hiking trail
currently passing through Lot B, signage, fencing; 2) common areas and facilities,
including, but not limited to, the open space parcels and drainage facilities; 3) open
space and maintenance thereof in accordance with fuel modification specifications as
described in Mitigation Measure No. 15 in Resolution No. 3732 of the City Council of the
City of Arroyo Grande; and 4) a private drive and associated improvements for Lots 16
through 19; and
WHEREAS, pursuant to Streets and Highways Code 922565 et seq., the Owner
prepared and the Council has approved an Engineers Report, on file in the Office of the
City Clerk and incorporated herein, which describes and establishes the assessment
amount(s) for each benefiting unit; and
WHEREAS, pursuant to Streets and Highways Code 922587, the City Council has
adopted Resolution No.: 3959 indicating the City Council's intention to order the
formation of the District and levy of assessments; and
WHEREAS, pursuant to Government Code Section 53753, the City provided all
required notice of the hearing on the proposed assessment district to the Owner along
with an -assessment ballot ("Ballot") and City received the Ballot with an affirmative vote
of support for the proposed formation of the District and levy of assessments, a copy of
which is attached hereto as Exhibit "A", and said affirmative vote was not withdrawn by
the Owner; and
RESOLUTION NO.
PAGE 2
WHEREAS, the Owner is the sole owner the Property comprising the District and its
support of the proposed District is determinative, therefore there is no protest to
assessment district formation and levy of assessments.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo
Grande, as follows:
1. The foregoing recitals are true and correct, and incorporated herein by this
reference.
2. That the public necessity, convenience and desirability requires the maintenance
of those certain Improvements, more particularly described in the Engineer's
Report for the Grace Lane Assessment District and hereby orders such
Improvements to be maintained by District, which is hereby formed pursuant to
the Landscaping and Lighting Act of 1972.
3. That all the parcels of land within the District have been assessed in proportion to
the special benefit to be received by such parcels for the maintenance of such
Improvements, and the City Council hereby declares that such Assessment Roll
and Assessment District Diagram as contained in the Engineer's Report are
hereby adopted and confirmed by the City Council, and the assessments
contained or referenced in the Engineer's Report are hereby levied. Said
assessments are subject to annual adjustment according to changes set forth in
the U.S. Bureau of Labor Statistics Consumer Price Index used by the City.
4. That the City Clerk is hereby directed to file the Assessment District Diagram and
Assessment Roll with the County Auditor, and such assessments shall become
due and payable; and the City Clerk is hereby further directed to record in the
Office of the San Luis Obispo County Recorder a copy of such Assessment
District Diagram and to execute a Notice of Assessment and such assessment
will become a lien upon the land on which it is levied, all pursuant to the
Landscaping and Lighting Act of 1972.
5. That this Resolution shall not take effect unless and until the recordation of a final
map for Tract 2236 in the San Luis Obispo Clerk Recorder's Office.
On motion by Council Member
following roll call vote, to wit:
, seconded by Council Member
, and on the
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this
,2006.
day of
RESOLUTION NO.
PAGE 3
TONY FERRARA. MAYOR
ATTEST:
KELLY WETMORE. CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS. CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL. CITY ATTORNEY
---,~ --~_.~~.-----~-----
ATTACHMENT 1
PETITION REQUESTING FORMATION
OF THE GRACE LANE ASSESSMENT DISTRICT
WHEREAS, the Petitioner, Vista Roble, LLC, a California limited liability
company, (hereinafter referred to as "Owner") is the sole owner and joint developer, of
certain real property (hereinafter referred to as .Property") located in the City of Arroyo
Grande, (hereinafter referred to as the "City"), said real property being legally described
in Exhibit "A" attached hereto and incorporated herein (hereinafter referred to as the
.Property"); and
WHEREAS, Owner and Greg Nester Construction & Development, Inc.
(collectively referred to as "Developer") are developing the Property as a single family
residential subdivision approved by the City as Vesting Tentative Tract No. 2236
(hereinafter referred to as the .Project"); and
WHEREAS, the City of Arroyo Grande has conditioned and required the Project
to be improved with pedestrian hiking trails, drainage facilities, common areas and
facilities, and open space (hereinafter referred to as "Improvements"); and
WHEREAS, Owner, as the sole owner of the Property to be benefited by the
Improvements, hereby requests the City of Arroyo Grande under the conditions of
approval for the Project to establish an assessment district to provide for the cost of the
operation. maintenance and repair (including City's administrative costs and a
reasonable reserve) for said Improvements.
NOW, THEREFORE, by this Petition, the undersigned Owner and joint
Developer requests the City to accomplish the following with regard to the Property:
1. Formation of the Assessment District. Owner requests the City to form
an assessment district (hereinafter referred to as the "Grace Lane Assessment District")
for the purpose of levying an annual assessment against the Property and each lot or
parcel therein, in order to fund the annual costs of the operation, maintenance and
repair and incidental expenses (inclUding City administrative costs and a reasonable
reserve) for the Improvements. The undersigned Owner understands that such
Improvements and the operation, maintenance and repair of same are of special benefit
to the Property, each lot to be created therein, and the public.
2. Description of Land to be Included in Proposed Assessment District
The land to be included in the proposed Grace Lane Assessment District is the Property
legally described in Exhibit "A" attached hereto and incorporated herein, and in the
application for Vesting Tentative Tract No. 2236.
3. Names of all Owners of Land within Assessment District. Vista Roble,
LLC, whose address is 139 W. Branch St., Arroyo Grande, CA 93420, is the sole owner
of the Property.
1
"rr8C' 2236 As..'OC'S5mtnt Oistrkl
4. The Proposed Improvements to be Maintained by the Assessment
District are described as follows:
A. A pedestrian trail across the open space property (Lot B) including,
but not limited to, the existing informal hiking trail currently passing
through Lot B, signags, fencing.
B. All common areas and facilities, including, but not limited to, the
open space parcels and drainage facilities.
C. Maintenance of open space in accordance with fuel modification
specifications as described in Mitigation Measure number 15 in
Resolution No. 3732 of the City of Arroyo Grande.
D. A private drive and associated improvements for Lots 16 through 19.
5. Amount of the Annual Assessment. The formula for establishing the
assessment and the annual assessment to be levied against the Property to fund the
operation, maintenance, repair and incidental expenses (including administrative costs
and establishing a reasonable reserve) of the Improvements are to be described in an
engineers report for the Grace Lane Assessment District.
6. Apportionment of Annual Assessment Among Subdivision Lots or
Parcels. Owner understands that the formula used to calculate the assessments shall
accurately reflect the proportionate special benefit received by each such lot or parcel or
by the public arising from the operation, maintenance and repair of the Improvements,
as determined by the City. .
7. Waiver of Notice of Assessment District Protest Hearing. The
undersigned Owner, as sole owner of the Property to be included in the proposed Grace
Lane Assessment District, hereby waives the resolution, report, notices of hearing, right
of majority protest, and any other formalities in establishing the Grace Lane Assessment
District in order to effectuate its formation.
8. Effect of City's Failure to Form Assessment District. In the event the
City fails to form the Grace Lane Assessment District, Owner understands that Owner
shall be responsible for maintenance of the Improvements through the establishment of
a Homeowners Association as required by the conditions of approval for Vesting
Tentative Tract No. 2236.
9. Ballot in Favor of Assessment District. The undersigned Owner
executes this Petition both a8 the Owner's Petition for the formation of the Grace Lane
Assessment District. and as the Owner's Ballot in favor of the assessments to be
charged or levied against the Property and the individual lots and parcels therein. In
addition, the undersigned Owner hereby authorizes the City Clerk to file this Petition as
Owner's ballot in favor of forming the Grace Lane Assessment District.
2
TrUCI2236 Assessmfnl District
10. Notices. Notices required to be given shall be addressed as follows:
CITY:
OWNER:
DEVELOPER:
City of Arroyo Grande
City Clerk
214 E. Branch Street
Arroyo Grande, CA 93420
Vista Roble, LLC
AUn: Greg Nester
139 W. Branch Street
Arroyo Grande, CA 93420
Greg Nester Construction
& Development, Inc.
Attn: Greg Nester
139 W. Branch Street
Arroyo Grande, CA 93420
11. Successors and Assigns. The Developer declares that this Petition
shall run with the land and shall be binding upon the Developer, its heirs, successors,
executors, administrators and assigns, including successor individual lot owners.
12, Authority to Execute Agreement The undersigned hereby represents
that the individual executing this Petition is expressly authorized to do so for and on
behalf of Vista Roble LLC.
PROPERTY OWNER:
Vista Roble LLC, a California limited liability company
By:
.-~<:~
Greg Nester( Manager
DEVELOPER:
Greg Nester Construction & Development, Inc.
By:
~~--
.~ (/'. ~ ""---'
Greg Nester, President
3
Tract 2236 A~S~s5m~nl Di!OIriL1
Grace Lane Assessment District
Fiscal Year 2006-07
Engineer's Report
For
Grace Lane
Assessment District
Fiscal Year 2006-07
'\'HE
CITY
s. .
<14' .
lUJ-'
,~
OBlSPO
Prepared for:
Greg Nester Construction & Development, Inc.
Prepared by:
eda-Design Professionals
1998 Santa Barbara SI.
San Luis Obispo, CA 93401
Novem ber 28, 2006
ATTACHMENT 2
Grace Lane Assessment District
Fiscal Year 2006-07
TABLE OF CONTENTS:
City of Arroyo Grande ......................................................................................................................1
Certificates .......... .................................. ..... ........... .......... .... ..... ........ ............. .............................. ..... 2
Section I ............... ............... ...................... ..... ................ ............... .... ......... .............. ........................4
Section II ........... ................................ ..... .................................... ............................... ...... .................5
PART A ........................................................................................................................................7
PART B................................... .................................. ............. ...................................................... 8
PART C ................................ ........................................................................................................ 9
PART D ......................................................................................................................................10
PART E .....................................,................................................................................................12
Exhibit C: ASSESSMENT DIAGRAM ..........................................................................,................. 13
Exhibit D: FUEL MODIFICATION SPECIFICATIONS ...................................................................14
Exhibit E: FUEL MODIFICATION ZONES..................................................................................... 15
Exhibit F: STORM DRAIN MAINTENANCE..................................................................................16
Exhibit G: SLOPE MAINTENANCE/ROAD MAINTENANCE ........................................................17
Appendix 1: Cost of Improvements ................................................................................................ 18
Appendix 2: Benefit Exhibit ............................................................................................................ 19
Appendix 3: Tract 2236 Landscaping Bid ......................................................................................20
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Grace Lane Assessment District
Fiscal Year 2006-07
CITY OF ARROYO GRANDE
MAYOR AND CITY COUNCIL MEMBERS
11/2/06
Tony M. Ferrara
MayorlChair
Jim Guthrie
Mayor Pro T eml Vice Chair
Jim Dickens
Council I Board Member
Joe Costello
Council I Board Member
Ed Amold
Council I Board Member
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Grace Lane Assessment District
Fiscal Year 2006-07
CERTIFICATES
CITY OF ARROYO GRANDE
GRACE LANE ASSESSMENT DISTRICT
FISCAL YEAR 2006-07
The undersigned, acting on behalf of Greg Nester Development, Inc., respectfully submits the
attached Engineer's Report as directed by the City of Arroyo Grande pursuant to the provisions of
Article XIIID, Section 4 of the California Constitution and the Landscaping and Lighting Act of
1972, Sections 22500 seq. of the California Streets and Highway Code. The undersigned
. certifies that he is a Professional Engineer registered in the State of California.
Dated:
I HEREBY CERTIFY that the attached Engineer's Report, together with the Assessment Roll and
Assessment Diagram thereto attached, was filed by me on the day of
2006.
Kelly Wetmore, City Clerk
City of Arroyo Grande
San Luis Obispo County, California
By:
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J
Grace Lane Assessment District
Fiscal Year 2006-07
I HEREBY CERTIFY that the attached Engineer's Report, together with the Assessment Roll and
Assessment Diagram thereto attached was approved and confirmed by the City Council of the
City of Arroyo Grande, San Luis Obispo County, California on the day of
,2006.
Kelly Wetmore, City Clerk
City of Arroyo Grande
San Luis Obispo County, California
,
By:
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and
Assessment Diagram thereto attached was filed with the County Audilor of the County of San
Luis Obispo, on the day of , 2006. .
City Clerk.
By:
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Grace Lane Assessment District
Fiscal Year 2006-07
SECTION I
INTRODUCTION
ENGINEER'S REPORT
CITY OF ARROYO GRANDE
GRACE LANE ASSESSMENT DISTRICT
FISCAL YEAR 2006-07
To insure a flow of funds for the construction, operation, maintenance and servicing of specified
improvements within the boundary of the subdivision known as Tract 2236 in the City of Arroyo
Grande; the City Council approves the City of Arroyo Grande's Grace Lane Assessment District
("The Districf') this fiscal year. As required by the Landscaping and Lighting Act of 1972 ("The
Act"), this Engineer's Report describes the improvements to be constructed, operated, maintained
and serviced by the District for Fiscal Year 2006-07, provides a most probable estimated budget
for the District, and lists the proposed assessments to be levied upon each assessable lot Within
the District. The boundaries of the District are reflective of Tract 2236, shown on the Assessment
Diagram and incorporated into this report as Part "C".
The cost of operation, maintenance and servicing of the improvements to be funded by the
District will be apportioned to each lot within the District in proportion to the special benefit it
receives. The method of assessment may be amended from time to time by the City Council, in
order to apportion the costs in reiation to the benefits being received. However, if the
assessments are increased from the prior year they will be subject to the noticing and balloting
procedures reference in Proposition 218.
Payment of the assessment for each lot will be made in the same manner and at the same time
as payments are made for property taxes. All funds collected through the assessment must be
placed in a special fund and can only be used for the purposes stated within this report.
The City will hold a Public Hearing on to provide an opportunity
for any interested person to be heard. At the conclusion of the Public Hearing, the City Council
may adopt a resolution confirming the levy of assessments as originally proposed or as modified.
Following the adoption of this resolution and recordation of the District's Tract Maps, the final
Assessor's roll will be prepared and filed with the San Luis Obispo County Auditor's office to be
included on the Fiscal Year 2006-07 tax roll.
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Grace Lane Assessment District
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SECTION II
ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF LANDSCAPING
- AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679
OF THE CALIFORNIA STREETS AND HIGHWAY CODE
CITY OF ARROYO GRANDE
GRACE LANE ASSESSMENT DISTRICT
FISCAL YEAR 2006-07
Pursuant io the Landscaping & Lighting Act of 1972 (Part 2 of Division 15 of the Streets and
Highways Code of the State of California, commencing with Section 22500), this Engineer's
Report is submitted to the City Clerk of the City of Arroyo Grande in connection with the
proceedings of the City Council to consider the establishment of the Grace Lane Assessment
District. Jeffrey Wagner, duly-authorized representative of eda Design Professionals, Inc.,
consultant to the City, submits this Engineer's Report consisting of the following parts:
PART A: PLANS AND SPECIFICATIONS
This part describes the improvements of the District. Preliminary design documents for the
improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of
the City Engineer of the City of Arroyo Grande, and are incorporated herein by reference. Plans
are incorporated into the assessment diagram, listed as Exhibit "C", Exhibit "D", Exhibit "E",
Exhibit "F", and Exhibit "G", as allowed under Section 22568 of the Act. Exhibit "CO shows the
public trail to be maintained, Exhibit "D" explains The City of Arroyo Grande's fuel modification
specifications by zone and Exhibit "E" shows fuel modification zones 1, 2 and 3 in Tract 2236.
Exhibit F shows the storm drain maintenance and exhibit G shows the slope maintenance and
road maintenance for Tract 2236.
PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements for fiscal year 2006-07,
including incidental costs and expenses in connection therewith, as set forth on the lists thereof,
attached in appendix 1.
PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates, by reference, a Diagram of the District describing the exterior boundaries
of the District, the boundaries of any zones within the District, and the lines and dimensions of
each iot or parcel of land within the District (see Exhibits "C", "E", "F", and "G"). These diagrams
have been prepared by the Engineer of Work. The lines and dimensions of each lot within the
District are those lines and dimensions to be shown on the maps of the San Luis Obispo County
Assessor following the recordation of Tract Map 2236. An assessor's map(s) will be prepared
following the recordation of the Tract Maps.
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Grace Lane Assessment District
Fiscal Year 2006-07
PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part describes the method of apportionment based upon the parcel classification of land
within the District, and in proportion to the estimated benefits to be received.
PART E: ASSESSMENT ROLL
This part is a list of properties and proposed assessments for Fiscal Year 2006-07.
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Grace Lane Assessment District
Fiscal Year 200lHJ7
PART A
PLANS AND SPECIFICATIONS
The facilities within the Grace Lane Assessment District will be constructed by the sub divider.
Those improvements to be constructed will be operated, maintained and serviced generally
described as follows:
DESCRIPTION OF IMPROVEMENTS
The following improvements are proposed to be operated, maintained and serviced within the
Grace Lane Assessment District for Fiscal Year 2006-07:
Open space weed abatement, fire fuel suppression, and public trail maintenance.
Fire fuel suppression is to be completed on a continual basis per Tract 2236 Grace Lane, City of
Arroyo Grande P.U.D. Fuel Modification Specifications. (see exhibits D and E).
Drainage easements and the facilities as specified shall be maintained on an annual basis. Storm
drain lines shall be "jetted" and cleaned of any debris as necessary to maintain clear and
operational lines prior to the rainy season. Manholes, and catch basins shall be vacuumed and/or
cleaned of any debris as deemed necessary by City of Arroyo Grande Superintendent of streets
and drainage.(see exhibit F).
Maintenance of the slopes outside public right of way not including private lots are to be
maintained as deemed necessary by the City of Arroyo Grande Superintendent of streets and
drainage within two areas. Area "A", benefits lots 1-15, and Area "B", benefits lots 16-19. (see
exhibit G).
Road maintenance for the private drive to lots 16-19, shall be a seal coal/slurry seal at 5 year
intervals, and 2" A.C. overlay at 20 year intervals if required, based on City of Arroyo Grande road
maintenance department recommendations. (See exhibit G).
Services include, but are not limited to: personnel; contractual services; grading; clearing;
removal of debris; installation or reconstruction of said improvements at the end of their expected
lifespan; and any other items necessary for the maintenance or serving of the facilities.
Maintenance means the furnishin9 of services and materials for the ordinary and usual
operations, maintenance and servicing of the landscaping, or appurtenant facilities; providing for
the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming,
spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish,
debris and other solid waste.
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Grace Lane Assessment District
Fiscal Year 2006-07
PART B
ESTIMATE OF COST
As Preliminarily Approved As Confirmed and
Recorded
Fund balance Oct 10th $0.00 $0.00
Add Revenues:
Assessments $9,334.95 $9,334.95
Use of money $0.00 $0.00
Total Revenues
Less Appropriations
Maintenance $9,334.95 $9,334.95
Total Expenditures $9,334.95 $9,334.95
Revenues Over (Under) $0.00 $0.00
Fund Balance on Sept 30th $0.00 $0.00
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PART C
ASSESSMENT DISTRICT DIAGRAM
Properties located within the proposed City of Arroyo Grande Grace Lane Assessment District
are within the subdivision known as Grace Lane (Tract Map 2236).
The lines and dimensions are each lot within the District are those lines and dimensions shown
on the Tract Map approved by the City of Arroyo Grande for the year when this report was
prepared.
9
11/2/06
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Grace Lane Assessment District
Fiscal Year 2006-07
PART D
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of
1972, permits the establishment of assessment districts by Agencies for the purpose of providing
certain public improvements which include the operation, maintenance and servicing of
improvements.
Section 22573 of the Act requires that maintenance assessments must be levied according to
benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within as assessment district may be apportioned by
any formula or method which fairly distributes the net amount among all assessable lots of
parcels in proportion to the estimated benefit to be received by each such lot or parcel from the
improvements."
"The determination of whether or not a lot or parcel will benefit from the improvements shall be
made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000 of the
Streets and Highways Code, State of California)."
In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any
assessment to the proportional special benefit conferred on the property.
Because assessments are levied on the basis of benefit, they are considered a user's fee, not a
tax, and, therefore, are not governed by Article IliA of the California Constitution.
The 1972 Act permits the designation of zones of special benefit within any individual assessment
district if "by reasons or variations in the nature, location, and extent of the improvements, the
various areas will receive different degrees of benefit from the improvement" (Sec. 22574). Thus,
the Act requires the levy of true "assessment" rather than "special tax."
Article XIIID provides that publicly owned properties must be assessed unless there is clear and
convincing evidence that those properties receive no special benefit from the assessment.
Exempted from the assessment would be the areas of public streets, public avenues, public
lanes, public roads, public drives, public courts, public alleys, public easements and right-of-ways,
public greenbelts and public parkways.
BENEFIT ZONE CLASSIFICATION
The City of Arroyo Grande's Grace Lane Assessment District will be formed to provide a funding
source for the operation, maintenance and servicing of improvements within the boundaries of the
District. All lots within the tract 2236 benefit from the open space and public Irail.
ASSESSMENT METHODOLOGY
The total operation, maintenance and servicing costs for the improvements are apportioned to
each lot as follows: lots 1-15 benefit from storm drain maintenance and a portion of the slope
maintenance covered in Area "A", but do not benefit from the slope maintenance covered in Area
"B", which only benefits the private drive for Lots 16-19. Likewise, only lots 16-19 benefit from the
road maintenance for the private drive in Area "B".
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Grace Lane Assessment District
Fiscal Year 2006-07
BENEFIT DETERMINATION
It is necessary to identify the special and direct benefits that the improvements will render to the
properties within the Assessment District as distinguished from the general benefits to the general
public.
The proposed public trail easement provides a place for recreation and access through the
District, thereby providing special and direct benefits to each property located within the District.
However, the City of Arroyo Grande has determined that the public trail easement will provide
benefit to the general public. Since the trail is accessible to the general public, 15 percent of the
benefit is classified as general. The remaining 85 percent of the benefit is classified as special.
The open space parcels located adjacent to the public trail provide beautification of the
surroundings, therefore providing a special benefit to each property located within the District.
Because the proposed improvements do not provide benefit to properties outside the District, no
allocation of general benefit is required for the fire suppression maintenance of the open space
parcels.
The slopes identified in Area "A" (exhibit G) provide for roadway access for the entire Tract 2236.
The maintenance for these slopes therefore provides a special and direct benefit to each property
located within the District.
The slopes in Area "B" provide roadway access for lots 16-19, thereby providing a special benefit.
The storm drain maintenance provides a special and direct benefit to each property located, within
the District.
The road maintenance in Area "B" provides a special and direct benefit only to lots 16-19.
Therefore this benefit would be classified as special.
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Grace Lane Assessment District
Fiscal Year 2006-07
PART E
ASSESSMENT ROLL
As Preliminarily Approved As Confirmed and Recorded
APN (lot #)
(LOT 1) APN
(LOT 2) APN
(LOT 3) APN
(LOT 4) APN
(LOT 5) APN
(LOT 6) APN
(LOT 7) APN
(LOT 8) APN
(LOT 9) APN
(LOT 10) APN
(LOT 11)APN
(LOT 12) APN
(LOT 13) APN
(LOT 14) APN
(LOT 15) APN
(LOT 16) APN
(LOT 17) APN
(LOT 18) APN
(LOT 19)APN
TOTAL:
11/2106
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$608.93
$608.93
$608.93
$608.93
$9,334.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95
$459.95 .
$459.95
$459.95
$608.93
$608.93
$608.93
$608.93
$9,334.95
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Grace Lane Assessment District
Fiscal Year 2006-07
EXHIBIT C: ASSESSMENT DIAGRAM
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Grace Lane Assessment District
Fiscal Year 2006-07
EXHIBIT 0: FUEL MODIFICATION SPECIFICATIONS
In accordance with Municipal Section 8.44.020 all grass, weeds, brush, and other combustibles
will be maintained in a condition that will make it unlikely that it will become easily ignited or
support the spread of fire. The Fire Department encourages the property owner to consider the
use of livestock (goats, cattle, etc.) to ecologically maintain the fire safety of this land.
Zone 1
Grasses shall be cut down to a iength of 4 inches or less yearly, or as required by the City of
Arroyo Grande Fire Department. All brush and pampas grasses will also be cut down in this zone.
Zone 2
Shrubs under oaks and within 10 feet of tree canopies shall be removed. Brush in this area shall
be thinned to the satisfaction of the Arroyo Grande Fire Department to allow for minimal spread of
fire and to allow adequate access for firefighting suppression efforts. Grasses and brush shall be
kept mowed in this zone as well.
Zone 3
To eliminate ladder fuels beneath oak trees, oak tree limbs to be considered for removal shall be
less than 4 inches in diameter and within 4 feet of the ground. Branches must be chipped for
mulch and spread on site.
Grasses in this zone shall be kept mowed where practical.
Trees with shrubs adjacent to the canopy shall likewise have limbs 4 inches or less removed until
clearance is achieved between canopy and shrubs.
Some shrubs in this area may be indicated in the field to be thinned.
Existing fallen branches located in treated zones shall be chipped and used as mulch.
Removal of larger tree limbs over 4 inches in diameter which pose a hazard or are within 4 feet of
vertical clearance zone must be approved by an arborist and the Director of Parks, Recreation,
and Facilities.
All pruning work done on oak trees in this zone shall be done only after the issuance of a Pruning
Penmit by the Director of Parks, Recreation, and Facilities.
Notes
A site walk with the owner or Homeowners Association's Representative and the City of Arroyo
Grande Fire Marshall is required prior to the commencement of any work in the defined open
space areas.
All work on and around existing oak trees shall confonm to the conditions of the City of Arroyo
Grande Community Tree Ordinance 431 C.S. All Pruning of oak trees shall be executed per
documented recommendations by a certified arborist using ISA approved pruning standards. All
contractors and subcontractors shall have read the community tree ordinance and be familiar with
the conditions therein.
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Grace Lane Assessment District
Fiscal Year 2006-07
EXHIBIT E: FUEL MODIFICATION ZONES
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11/2106
Grace Lane Assessment District
Fiscal Year 2006-07
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eda ' Design Professionals
Grace Lane Assessment District
Fiscal Year 2006-07
EXHIBIT G: SLOPE MAINTENANCElROAD MAINTENANCE
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eda - Design Professionals
Grace Lane Assessment District
Fiscal Year 2006.{)7
APPENDIX 1: COST OF IMPROVEMENTS
Clearing Weeds from path and along 1
pathway (includes equipment) $50.0.00 $500.00
Trimming trees along path and chipping 1
material (includes equipment) $600.00 $600.00
General trail cleanup 1 $100.00 $100.00
Sign maintenance along trail 1 $200.00 $200.00
Trail Subtotal: $1,400.00
Less 15% for public
benefit: -$210.00
Trail Total: $1,200.00
Fuel Management (fire suppression)':
Mowing grass and weeds 1
(includes equipment) $3,000.00 $3,000.00
Trimming trees and chipping material 1
(includes equipment) $1,000.00 $1,000.00
Hand work with weed abatement 1 $800.00 $800.00
(includes equipment)
Total Fuel Management: $4,800.00
Slope Maintenance:
Slope management Area "A" 1 $639.00 $639.00
Slope management Area "B" 1 $126.75 $126.75
Total Slope Maintenance: $765.75
Storm Drain Maintenance:
Jet pump/vacuum - maintain storm drain 1 $2,100.00
lines & remove debris $2,100 - Lump Sum
Total Storm Drain $2,100.00
Maintenance:
Road Maintenance:
Seal coaUslurry seal access road to lots 16- 1 $220.80
19 (5 year interval). $55.20
2" A.C. overlay access road to lots 16-19 (20 1 $248.40
year interval). $62.10
Total Road Maintenance: $469.20
'All costs are from an estimate by JC Landscaping dated Oelober 10lh 2005 (see appendix 3)
18
eda - Design Professionals
11/2/06
Grace Lane Assessment District
Fiscal Year 2006-07
APPENDIX 2: BENEFIT EXHIBIT
Unit Cost Revenue Number of Lots Total Revenue/year
Per Parcel
Trail maintenance $1,200.00 $62.16 19 $1,200.00
LS
Weed Control (fire $4,800.00 $252.63 19 $4,800.00
suppression) LS
Slope maintenance: $0.05/sq. ft. $33.63 19 $639.00
(Area "A") 12,780sq ft.
'Slope maintenance: $0.05/sq. ft. $31.69 4 $126.75
(Area "B") 2,535sq ft.
Storm drain $2,100.00 $110.53 19 $2,100.00
maintenance LS
'Road maintenance $0.30/sq. ft. $55.20 4 $220.80
(seal coat/slurry seal) (3,680 S.F.)
'Road maintenance $1.35/sq. ft. $62.10 4 $248.40
(2" A.C. overlay) (3,680 S.F.)
TOTAL: $9,334.95
, For benefit of Lots 16-19 only
19
eda - Design Professionals
11/2106
Grace Lane Assessment District
Fiscal Year 2006-07
APPENDIX 3: TRACT 2236 LANDSCAPING BID
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11/2106
eda - Design Professionals
ATTACHMENT 3
GRACE LANE ASSESSMENT DISTRICT
NOTICE OF PUBLIC HEARING ON THE PROPOSED FORMATION OF THE GRACE
LANE ASSESSMENT DISTRCIT AND LEVY OF ASSESSMENTS UPON
BENEFITING PROPERTY
This notice is given pursuant to Government Code Section 953753 and is intended to
provide notice to the owner of the real property commonly known as Tract 2216 ("Grace
Lane") of a public hearing to be held by the City Council of the City of Arroyo Grande
with regard to the proposed formation of an assessment district known as the "Grace
Lane Assessment District" and the proposed levy of assessments on said real property.
The purpose of the proposed assessments is to ensure funding for the annual
operation, maintenance and repair of certain specified improvements associated with
Grace Lane. The total amount of the proposed annual assessment for Grace Lane is
NINE-THOUSAND THREE HUNDRED THIRTY FOUR DOLLARS and NINETY FIVE
CENTS ($9,334.95). The total assessment is calculated based on the cost of annual
operation, maintenance and repair of specified improvements and is equitably
distributed within Grace Lane on the bass of the benefit of said improvements to each
parcel located therein. These assessments would be levied upon said real property and
collected annually with the property tax of each respective parcel. A copy of the
Assessment Engineer's Report upon which the proposed assessment is based is on file
and may be reviewed at the office of the City Clerk, City of Arroyo Grande, located at
214 E.. Branch Street, Arroyo Grande, CA. A public hearing regarding the proposed
formation of the Grace Lane Assessment District and levy of assessments is scheduled
for November 28, 2006 at 7:00 p.m. in the Arroyo Grande City Council Chambers
located at 215 E. Branch Street, Arroyo Grande, CA.
Attached to this notice as Exhibit "A" is a Ballot regarding the proposed assessment.
The Ballot should be completes and submitted to the City Clerk of the City of Arroyo
Grande at the above referenced address. Because you are the sole owner of all
benefiting properties within the proposed Grace Lane Assessment District, your support
or opposition to the proposed assessment will be determinative.
Attachment: Assessment Ballot
Grace Lane Assessment District
Tract 2236
NOTICE OF HEARING &
ASSESSMENT BALLOT
EXHIBIT "A"
ASSESSMENT BALLOT
FOR THE PROPOSED GRACE LANE ASSESSMENT DISTRICT
TOTAL ASSESMENT AMOUNT: $9,334.95
Owner's Name:
Vista Roble LLC
Street Address:
Tract 2236
Arroyo Grande, CA 93420
Subdivision No.
Tract 2236
This Assessment Ballot is for the use of the owner of the real property described above
to support or oppose the levy of the proposed assessment district for the Grace Lane
Assessment District. This Assessment Ballot must be signed and either mailed or
otherwise delivered to the City of Arroyo Grande at 214 E. Branch Street, Arroyo
Grande, CA 93420, prior to the conclusion of the public hearing on the above
assessment, which hearing is scheduled to be held on Tuesday, November 28, 2006 at
7:00 p.m., at the Arroyo Grande City Council Chambers located at 215 E. Branch
Street, Arroyo Grande, CA. Regardless of the method of delivery, this Assessment
Ballot must have a mark next to "support" or "oppose" and must be properly signed in
the place provided and must be received at such address or at the location of such
public hearing, prior to the conclusion of the public hearing. The Assessment Ballot may
be changed or withdrawn after it is submitted by the person who submitted the Ballot
prior to the conclusion of the public hearing on the proposed assessment. Because you
are the only property owner of the benefiting property, your Assessment Ballot will
determine whether or not the Grace Lane Assessment District will be formed and the
assessment levied.
In order for your Assessment Ballot to be effective, please:
1. Check the appropriate box;
2. Print and sign your name in the space provided; and
3. Return your Assessment Ballot to the City of Arroyo Grande prior to the
conclusion of the public hearing referenced above.
I hereby certify that I am an owner of the above referenced real property or authorized
to vote on behalf if the ownership, and:
Grace Lane Assessment District
Tracl2236
NOTICE OF HEARING &
ASSESSMENT BALLOT
~. I SUPPORT the proposed assessment as described above.
D No, I OPPOSE the proposed assessment described above.
~
~...ti A~.6'~ t.~ Y,'k I ~J~'
Print Owner's Name or Owner's Sign
Authorized Agent
Date:jv/i r04.
*If signed by Authorized Agent then Owner's signed, written authorization must be
attached to this Ballot.
Grace Lane Assessment District
Tract 2236
NOTICE OF HEARING &
ASSESSMENT BALLOT
TOTAL P.05
10.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
BY: MIKE LINN, ASSISTANT CITY ENGINEER
SUBJECT: CONSIDERATION OF ADOPTION OF THE FIVE-YEAR RADAR SPEED
SURVEY FOR WEST BRANCH STREET, EAST GRAND AVENUE AND
OLOHAN ALLEY
DATE: NOVEMBER 28, 2006
RECOMMENDATION:
It is recommended the Council:
A. adopt a resolution certifying the five-year radar speed survey for West Branch Street
and East Grand Avenue; and classifying Olohan Alley as an alley and establish a
posted speed limit of 15 miles per hour;
B. direct staff to implement striping revisions to Rancho Parkway and perform a follow-up
radar speed survey on Rancho Parkway for future consideration by Council.
FUNDING:
Any cost associated with speed limit signs or traffic legends will be accommodated within the
Public Works Departmental budget for FY 2006/07. The striping revisions for Rancho
Parkway are estimated at $12,000.
DISCUSSION:
On July 11, 2006, staff presented the results of the five-year radar speed survey to the City
Council. Based on the information presented, the City Council requested that staff perform
additional research for potentially mitigating factors that may justify lowering the speed limit for
the three streets; West Branch Street (between Rancho Parkway and Vernon Street), East
Grand Avenue (between Halcyon Road and Oak Park Boulevard), and Rancho Parkway
(between West Branch Street and James Way). The City Council then adopted a resolution
certifying an engineering and traffic speed survey for the remaining streets in the survey.
S:\Public Works\Engineering\Traffic Commission\Major IssuesWehicle Speed Survey\Council\Council Memo - Vehicle Speed Survey 2006-
11-28.doc
CITY COUNCIL
CONSIDERATION FOR ADOPTION OF THE FIVE-YEAR RADAR SPEED SURVEY
NOVEMBER 28, 2006
PAGE 2
The California Vehicle Code requires an engineering and traffic speed survey be performed
every five years to enable the radar enforcement of any speed limit set by a local jurisdiction.
Section 8-03.3.B.2 of the Caltrans Traffic Manual details the methodology for conducting
engineering and traffic surveys to be used to establish or justify prima facie speed limits on
City arterial and collector streets. The Public Works Department, in close coordination with
the Police Department, conducted the survey between ,July 2005 and May 2006.
The following are the original staff recommendations to Council on July 11, 2006, the concerns
expressed by the Council, and the follow up research results and recommendations by staff:
East Grand Avenue - Halcyon Road to Oak Park Boulevard
Julv 11, 2006 Recommendation
The roadway is classified as a major arterial street in the City's General Plan, Based on
the vehicle speed data, staff calculated the 85th percentile speed between 38 and 39
miles per hour. Staff recommended raising the posted speed limit from 35 miles per
hour to 40 miles per hour.
Council Concerns
Heavy RV traffic utilizes East Grand Avenue to access Pismo State Beach. Changes in
speed limit should be coordinated with Grover Beach for consistency, Potential safety
considerations at uncontrolled crosswalks.
Staff Recommendation
In response to Council's concerns, staff reviewed speeds with City of Grover Beach
staff. While the existing speed limit in Grover Beach is 35 miles per hour, staffs
analysis indicated that the Arroyo Grande segment of East Grand Avenue differs
considerably from the Grover Beach segment. The Grover Beach segment has large
landscaped concrete bulb-outs planters within the parking lanes directly west of Oak
Park Boulevard intersection. There are also a number of signalized intersections
proceeding westward towards the beach that slows vehicle speeds, Staff affirms its
recommendation to raise the posted speed limit from 35 miles per hour to 40
miles per hour.
Rancho Parkway
Julv 11, 2006 Recommendation
The roadway is classified as a collector street in the City's General Plan and was
constructed to arterial roadway standards. Due to the limited sight distance at Via
Vaquero, staff recommended establishing two separate speed limits for Rancho
Parkway, a 35 mile per hour speed limit between West Branch Street and Camino
Mercado, and a 40 mile per hour speed limit between Camino Mercado and James
Way. Although the data would normally necessitate a 45 mile per hour speed limit,
staff believed that a ten mile per hour increase in speed between the two zones was
excessive and justified the 40 mile per hour speed on this segment.
CITY COUNCIL
CONSIDERATION FOR ADOPTION OF THE FIVE-YEAR RADAR SPEED SURVEY
NOVEMBER 28, 2006
PAGE 3
Council Concerns
Council directed staff to develop recommendations regarding potential traffic
channelization and signage methods prior to approving the proposed speed limit
changes. Investigation of the superelevation of the roadway near the James Way
intersection was also requested.
Staff Recommendation
Staff has developed a channelization plan that will narrow the drive lanes, provide
bicycle paths in both directions, and provide turn pockets at Via Poca, Palos Secos and
Camino Mercado (see Attachment No.1). Staff determined that the superelevation of
Rancho Parkway is in accordance with the design requirements of the Caltrans
Highway Design Manual. Staff recommends implementing the channelization plan
and foJ/ow up with a separate radar speed survey several months after its
completion for Council's consideration.
West Branch Street - Vernon Street to Rancho Parkway
Julv 11. 2006 Recommendation
The roadway is classified as a minor arterial street in the City's General Plan. Based on
the vehicle speed data, staff calculated the 85th percentile speed at 44 miles per hour in
each direction. Staff recommended raising the posted speed limit from 40 miles per
hour to 45 miles per hour.
Council Concerns
The segment of West Branch Street between Brisco Road and Rancho Parkway
experiences high levels of vehicular congestion. The grade of the roadway is steep and
there is limited spacing between two signalized intersections. There is also a lack of
sidewalks between Brisco Road and Vernon Street.
Staff Recommendation
Staff has revised the limits of the speed limit increase solely from Vernon Street to
Brisco Road. It is recommended that the posted speed limit be raised from 40
miles per hour to 45 miles per hour for West Branch Street from Vernon Street to
Brisco Road. The segment of West Branch Street from Brisco Road to Rancho
Parkway will remain at 40 miles per hour.
Staff also recommends the establishment of a 15 mile per hour speed limit for Olohan Alley.
Olohan Alley was not part of the July 11, 2006 staff report and a radar speed survey was not
performed as it is not an arterial or collector street. However, it is the engineering judgement
of staff that the varying width of the roadway, the access to the rear or side areas of abutting
business properties, and the safety considerations due to the high pedestrian volumes and the
adjacent park areas qualifies the roadway for the prima facie speed of 15 miles per hour in
accordance with California Vehicle Code Section 22358.3.
CITY COUNCIL
CONSIDERATION FOR ADOPTION OF THE FIVE-YEAR RADAR SPEED SURVEY
NOVEMBER 28, 2006
PAGE 4
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve staff's recommendations;
. Do not approve staff's recommendations;
. Modify as appropriate and approve staff's recommendations; or
. Provide direction to staff.
Attachments:
1. Rancho Parkway Striping Revisions
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING SPEED LIMITS ON EAST
GRAND AVENUE, WEST BRANCH STREET AND OLOHAN ALLEY
WHEREAS, the City Council of Arroyo Grande has conducted engineering and traffic speed
surveys on various City streets in accordance with the requirements of the California Vehicle;
and
WHEREAS, the Director Public Works has analyzed said surveys, made appropriate
adjustments, and made recommendation for the establishment of speed limits on said streets
in accordance with the requirements of the California Vehicle Code; and
WHEREAS, radar enforcement of any speed limit other than those expressly established by
State law requires that such be based upon an engineering and traffic speed survey as has
been conducted; and
WHEREAS, the Police Chief supports the recommendations of the Director of Public Works;
and
WHEREAS, on October 17, 2005 the Traffic Commission supported the recommendation of
the Director of Public Works for the speed limits on the various streets identified herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby establishes speed limits on various City streets as provided below:
East Grand Avenue (Halcyon - Oak Park)
Olohan Alley
West Branch Street (Vernon to Brisco Road)
West Branch Street (Brisco Road to Oak Park)
40 mph
15 mph
45 mph
40 mph
On motion by Council Member
the following roll call vote, to wit:
, seconded by Council Member
, and by
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this
day of
,2006.
RESOLUTION NO.
PAGE 2
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
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MEMORANDUM
TO: CITY COUNCIL
FROM: I/;tf. KELLY HEFFERNON
n' ACTING COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONSIDERATION OF ORDINANCE APPROVING
DEVELOPMENT CODE AMENDMENT NO. 06-003 AND
ADOPTION OF RESOLUTION APPROVING VESTING
TENTATIVE TRACT MAP NO. 04-002 AND PLANNED UNIT
DEVELOPMENT NO. 04-002; APPLICANT - CREEKSIDE
ESTATES OF ARROYO GRANDE, LLC; LOCATION - 9 ACRES
LOCATED EAST OF NOGUERA PLACE AND NORTH OF EAST
CHERRY AVENUE EXTENSION (CHERRY CREEK PROJECT)
DATE: NOVEMBER 28, 2006
RECOMMENDATION:
1) Adopt Ordinance amending the Zoning Map to designate the subject property
as Single-Family Residential (SF); Development Code Amendment 06-003,
applied for by the City of Arroyo Grande for property located east of Noguera
Place and North of East Cherry Avenue Extension; and
2) Adopt a Resolution approving Vesting Tentative Tract Map No. 04-002 and
Planned Unit Development NO. 04-002.
FUNDING:
There would be additional City costs associated with landscape maintenance within the
creek setback area if the Council approves the Cherry Creek Project and accepts the
offer of dedication. There would also be City costs associated with maintenance of
drainage facilities. In addition, the City has proposed to pay $280,000 towards the
regional portion of the drainage improvements. This funding is available in the Newsom
Springs Capital Improvement Project (CIP) budget. However, the need for allocation of
some additional funding will be likely after costs are incurred for environmental review of
the regional Newsom Springs Drainage Project.
DISCUSSION
On November 14, 2006 the City Council took the following actions:
1. Adopted the revised and recirculated Mitigated Negative Declaration for the
Cherry Creek Project.
2. Introduced an Ordinance amending the Zoning Map to designate the subject
property as Single-Family Residential (SF).
CITY COUNCIL
NOVEMBER 28, 2006
CHERRY CREEK
PAGE 2
3. Took tentative action to approve Vesting Tentative Tract Map No. 04-002 and
Planned Unit Development No. 04-002 and direct staff to return with a
supporting Resolution as modified that the Design Guidelines go back to the
Architectural Review Committee (ARC) for final review; that improvement of
"dirt" Cherry is included in the proposal and that there be a 3-way stop sign at
Branch Mill and E. Cherry; that the tree spacing be a minimum of 40 feet; that
the wall located within the agricultural buffer adjacent to the residential
property shall not be located over the bioswale; that Mitigation Measure 2.2
include a 5-year monitoring plan of the buffer similar to Mitigation Measure
4.2; that the 24-gallon trees remain; and adding language that ensures the
affordable housing units are built in a timely manner.
These changes, as well as some of the changes previously requested by the applicant,
have been incorporated into the attached Resolution. In addition, David Wolff has
provided comments in response to City Council's discussion regarding the potential of
placing a pocket park within the riparian corridor (see Attachment 1) for Council
information.
Alternatives
The following alternatives are offered for Council's consideration:
1. Adopt the attached Ordinance rezoning the site and the attached Resolution
approving the project applications;
2. Adopt the attached Ordinance and modify the attached Resolution approving the
project applications; or
3. Provide other direction to staff.
Attachments
1. Correspondence from David Wolff dated November 16, 2006
S:ICommunity DevelopmenllPROJECTSINPlCherry CreekI11-28-06 CC rpt Cherry Creek.doc
l
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING THE ZONING MAP TO
DESIGNATE THE SUBJECT PROPERTY AS SINGLE-
FAMILY RESIDENTIAL (SF); DEVELOPMENT CODE
AMENDMENT 06-003, APPLIED FOR BY THE CITY OF
ARROYO GRANDE FOR PROPERTY LOCATED EAST OF
NOGUERA PLACE AND NORTH OF EAST CHERRY
AVENUE EXTENSION
WHEREAS, the 2001 General Plan Update Urban Land Use Element Map designates
the subject 9-acre property as Single-Family Residential Medium-Density with a
Neighborhood Plan overlay (SF-MD-NP); and
WHEREAS, the City of Arroyo Grande Zoning Map designates the subject property as
Single-Family Residential Rural (RR); and
WHEREAS, the City of Arroyo Grande has initiated Development Code Amendment 06-
003 to amend the Zoning Map and designate the project site as Single-Family Residential
(SF); and
WHEREAS, adoption of the proposed zoning designation would establish land use,
development and design standards for the above described area; and
WHEREAS, the Planning Commission of the City of Arroyo -Grande has reviewed
Development Code Amendment 06-003 at a duly noticed public hearing on November 6,
2006 in accordance with the Development Code of the City of Arroyo Grande at which
time all interested persons were given the opportunity to be heard; and
WHEREAS, the City Council of the City of Arroyo Grande has considered Development
Code Amendment 06-003 at a duly noticed public hearing on November 14, 2006, in
accordance with the Development Code of the City of Arroyo Grande at which time all
interested persons were given the opportunity to be heard; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearings, staff reports, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
A. Based on the information contained in the staff report and accompanying
materials, the proposed Development Code Amendment amending the Zoning
Map is consistent with the goals, objectives, policies and programs of the
General Plan is necessary and desirable to implement the provisions of the
General Plan.
"
ORDINANCE NO.
PAGE 2
B. The proposed Development Code Amendment amending the Zoning Map will
not adversely affect the public health, safety, and welfare or result in an illogical
land use pattern.
C. The proposed Development Code Amendment amending the Zoning Map is
consistent with the purpose and intent of the Development Code. Medium
Density residential development within the project area would be required to
meet development and design standards under the SF zoning designation that
insure orderly development.
D. The potential environmental impacts of the proposed Development Code
Amendment amending the Zoning Map are insignificant or can be mitigated to a
less than significant level.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SFCTION 1. The above recitals and findings are true and correct.
SECTION 2. Development Code Section 16.24.020 (Zoning Map) is hereby amended as
shown in Exhibit A attached hereto and incorporated herein by reference.
SECTION 3. If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SFCTION 4. Upon adoption of this Ordinance, the Director of Administrative Services
shall file a Notice of Exemption.
SFCTION 5. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the Director of
Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the
Ordinance, the summary with the names of those City Council Members voting for and
against the Ordinance. shall be published again, and the Director of Administrative
Services/Deputy City Clerk shall post a certified copy of the full text of such adopted
Ordinance.
SFCTION 6: This Ordinance shall take effect thirty (30) days fr~m the date of adoption.
I
ORDINANCE NO.
PAGE 3
On motion by Council Member
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this
. seconded by Council Member
day of
2006.
ORDINANCE NO.
PAGE 4
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
CITY CLERK
APPROVED AS TO CONTENT:
STEVEN D. ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
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ORDINANCE NO
PAGE 5 .
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EXHIBIT A
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING VESTING TENTATIVE TRACT MAP 04-002 AND
PLANNED UNIT. DEVELOPMENT 04-002, FOR PROPERTY LOCATED
BETWEEN EAST CHERRY AVENUE AND MYRTLE STREET, APPLIED
FOR BY CREEKSIDE ESTATES OF ARROYO GRANDE, LLC
WHEREAS, the City of Arroyo Grande Zoning Map indicates that the subject nine (9)
acre property is located in the Residential Rural (RR) zoning district; and
WHEREAS, the City introduced an Ordinance implementing Development Code
Amendment No. 06-003 on November 14, 2006 to change the zoning to Single Family
Residential (SF) consistent with the City's General Plan; and
WHEREAS, the City Council has considered Vesting Tentative Tract Map 04-002 and
Planned Unit Development 04-002 to subdivide a nine (9) acre site into thirty (30)
residential lots and four (4) open space lots; and
WHEREAS, the City Council has held duly-noticed public hearings on these applications
in accordance with the Development Code of the City of Arroyo Grande; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearing, staff report, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
1. Based on the information contained in the staff report and accompanying
materials, the proposed Vesting Tentative Tract Map and Planned Unit
Development ("the proposed project") is consistent with the goals, objectives,
policies, plans, programs, intent, and requirements of the General Plan.
2. The proposed project will not adversely affect the public health, safety, and welfare
or result in an illogical land use pattern because all street, drainage, water, sewer,
agricultural buffer, and conservation/open space considerations will be
coordinated.
3.
The proposed project is consistent with the purpose and intent of the Development
Code because the Zoning Map will be brought into consistency with the General
Plan designation for the subject property.
4.
The potential environmental impacts of the proposed project are insignificant or
can be mitigated to a less than significant level.
RESOLUTION NO.
PAGE 2
Tentative Tract Map Findings:
1. The proposed Tentative Tract Map is consistent with the goals, objectives, policies,
plans, programs, intent, and requirements of the Arroyo Grande General Plan and
the text and requirements of the Development Code because the tentative map
would allow the project area to be developed at a density and with uses that are
consistent with the City's General Plan Land Use Element and Single-Family (SF)
zoning designation.
2. The site, as shown on the tentative tract map, is physically suitable for the type of
development and density proposed because all necessary easements, access,
parking, open space, and setbacks can be provided.
3. The design of the tentative tract map or the proposed improvements are not likely
to cause substantial damage to the natural environment,' including fish, wildlife or
their habitat, with implementation of mitigation measures contained in the Mitigated
Negative Declaration.
4. The design of the subdivision or proposed improvements is not likely to cause
public health problems because adequate sewer, water, and drainage facilities are
provided.
5. The design of the tentative tract map or the type of improvements will not conflict
with easements acquired by the public at large for access through, or use of,
property within the proposed tentative tract map or that alternate easements for
access or for use will be provided, and that these alternative easements will be
substantially equivalent to ones previously acquired by the public. The property
has access to public roads.
6. The discharge of waste from the proposed subdivision into an existing community
sewer system will not result in violation of existing requirements a prescribed in
Division 7 (commencing with Section 13000) of the California Water Code.
7. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative tract map to support project development. The tentative tract
map is located adjacent to all necessary public facilities and will not negatively
affect the adequacy of those facilities.
Planned Unit Development Findings:
1. The proposed development is consistent with the goals, objectives, and programs
of the Arroyo Grande General Plan. The proposed development of thirty (30) units
is allowed in the SF-MD land use category.
2. The project site is adequate in size and shape to accommodate said use and all
yards, open spaces, setbacks, walls and fences, parking areas, landscaping,
agricultural buffer and other features required by the Development Code. The
RESOLUTION NO.
PAGE 3
proposed development provides an adequate amount of open space based on the
proposed density. The development has been designed so that each unit has an
average of approximately 4,000 square feet of private open space and over two (2)
acres will be dedicated as common open space.
3. The site for the proposed development has adequate access, meaning that the
site design and development plan conditions consider the limitations of existing
streets and highways.
4. Adequate public services exist, or will be provided in accordance with the
conditions of the development plan approval, to serve the proposed development;
and that the approval of the proposed development will not result in a reduction of
public services to .properties in the vicinity so as to be a detriment to public health,
safety, and welfare. The proposed development is adjacent or in close proximity to
all necessary public services. The proposed development will not cause a
reduction in these services or other properties in the vicinity so as to be a detriment
to public health, safety or welfare.
5. The proposed development, as conditioned, will not have a substantial adverse
effect on surrounding property, or the permitted use thereof, al]d will be compatible
with the existing single-family residential use in the surrounding area. The
proposed one hundred and thirty foot (130') wide agricultural buffer with sixty- to
eighty-foot (60'-80') wide landscape strip, fencing along the agricultural property,
and eight-foot (8') tall masonry wall adjacent to the new residential development
will adequately separate conflicting Agricultural and residential uses.
6. The improvements required, and the manner of development, adequately address
all natural and man-made hazards associated with the proposed development of
the project site, including, but not limited to, flood, seismic, fire and slope hazards.
7. The proposed development carries out the intent of the Planned Unit
Development provisions by providing a 'more efficient use of the land and an
excellence of design greater than that which could be achieved through the
application of conventional development standards. The proposed development
provides a more efficient use of the land than could be achieved through the
strict application of the SF zoning district by allowing the property to be
subdivided in a manner consistent with and reflective of allowed density, while
providing an adequate amount of open space and all necessary parking.
8. The proposed development complies with all applicable performance standards
listed in Development Code Section 16.32.050.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Vesting Tentative Map 04-002 and Planned Unit Development
04-002, with the above findings and subject to the conditions as set forth in Exhibit "A",
attached hereto and incorporated herein by this reference.
RESOLUTION NO.
PAGE 4
BE IT FURTHER RESOLVED that this Resolution shall take effect upon the effective
date of Ordinance No. _, revising the City of Arroyo Grande Zoning Map to change
the zoning of the subject property from Residential Rural (RR) to Single Family
Residential (SF).
On motion by Commissioner
and by the following roll call vote, to wit:
, seconded by Commissioner
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this
day of
2006.
/
RESOLUTION NO.
PAGE 5
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
CITY CLERK
APPROVED AS TO CONTENT:
STEVEN D. ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
PAGE 6
EXHIBIT A
CONDITIONS OF APPROVAL for:
VESTING TENTATIVE TRACT MAP 04-002 and
PLANNED UNIT DEVELOPMENT 04-002
For property located between East Cherry Avenue and Myrtle Street
Creekside Estates of Arroyo Grande, LLC
COMMUNITY DEVFI OPMENT nFPARTMFNT
GFNFRAL CONnlTIONS
This approval authorizes a thirty (30) lot residential subdivision in a Planned Unit
Development configuration with four (4) open space parcels on the nine (9) acre
Subarea 1 property.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Vesting Tentative
Tract Map 04-002 and Planned Unit Development 04-002.
3. The tentative map and PUD approval shall automatically expire two years after the
certification of the EIR for the Newsom Springs Drainage Project unless the final
map is recorded or an extension is granted pursuant to Section 16.12.140 of the
Development Code.
4. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of November 14, 2006 and marked Exhibits "B1 -
B10" except as modified by these conditions of approval.
5. The applicant shall, as a condition of approval of this tentative map application,
defend, indemnify and hold harmless the City of Arroyo Grande, its present or
former agents, officers and employees from any claim, action,., or proceeding
against the City, its past or present agents, officers, or employees to attack, set
aside, void, or annul City's approval of this subdivision, which action is brought
within the time period provided for by law. This condition is subject to the
provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
SPFCIAI CONnlTIONS
6. The project shall comply with the provisions of the Agricultural Preservation
Overlay District (AG-2.2). No new residential structures shall be allowed within the
Agricultural Buffer area unless approved through the Conditional Use Permit
process.
RESOLUTION NO.
PAGE 7
7. Prior to issuing a grading or building permit, the Environmental Impact Report
(EIR) for the Newsom Springs Comprehensive Drainage Master Plan must be
certified and the final project Drainage Plan shall require approval by the Director
of Public Works to ensure consistency with the findings of the EIR.
8. The wall located within the agricultural buffer adjacent to the residential property
shall not be located over the bioswale.
9. Consistent with the City's Housing Element policies, the project shall restrict ten
percent (10%) of the new units, or 2.7 units, to qualified families earning a
moderate-income (based on the City's affordable housing standards). The
developer shall pay an affordable housing in-lieu fee for any fraction of a unit.
Prior to issuance of a grading or building permit the applicant shall enter into
an agreement, in a form approved by the City Attorney, whereby the applicant
agrees on behalf of itself and its successors in interest to maintain the affordability
of the units for thirty (30) years or longer, as well as other terms and conditions
determined to be necessary'to implement this condition (see also MM 9.1).
10. Prior to issuing a certificate of occupancy for the thirteenth (13th) home
constructed, building permits must be issued for the two (2) affordable housing
units and construction started.
11. Design of all units shall be consistent with the Cherry Creek Design Guidelines.
12. The meandering pedestrian path through the Agricultural buffer shall be made of
concrete and not decomposed granite.
13. Landscaped parkways shall be included adjacent to sidewalks fronting lots 2-14
and 18-29.
14. The CC&Rs shall require uniformity in all backyard fencing and shall restrict any
construction or obstructions in the City's drainage easement throughout the swale.
15. The internal road .name shall be changed from "Surefire Drive" to "Stilwell Drive".
16. The Design Guidelines shall go back to the Architectural Review Committee for
final review prior to issuance of a grading or building permit.
17. The extension of East Cherry Avenue shall include the alignment incorporating
"Dirt Cherry" as indicated on the tentative map.
18. The following list of permits are required from various responsible agencies:
a. Biological Opinion and Take Permit; US Fish and Wildlife Service; prior to
issuance of Grading Permit
RESOLUTION NO.
PAGE 8
b. Storm Water Pollution Prevention Plan (SWPPP); Regional Water Quality
Control Board; prior to issuance of Grading Permit
c. Section 404 permit (potential - refer to Due Diligence Report of the East
Village Neighborhood Plan Appendix); Army Corps of Engineers; prior to
issuance of Grading Permit
d. Streambed Alteration Agreement (potential - refer to Due Diligence Report
of the East Village Neighborhood Plan Appendix); California Department of
Fish and Game; prior to issuance of Grading Permit.
NOISE
19. Similar to MM 8.1, construction activities shall be restricted to the hours of 8:00
AM to 5:00 PM Monday through Friday. There shall be no construction activities
on Sundays. Interior finish work is allowed on Saturdays that does not include
hammering, the use of power tools or any other noise generating activities. On-
site equipment maintenance and servicing shall be confined to the same hours.
DFVELOPMFNT CODF
20. Development shall conform to the Single-Family Residential (SF) zoning
requirements except as otherwise approved.
21. Minimum separation between buildings on adjacent lots shall not be less than ten
feet, except for attached units.
22. The fence/wall combination along the East Cherry Avenue frontage adjacent to the
residential subdivision shall not exceed eight feet (8') in height. All other fences
and/or walls within the subdivision shall not exceed six feet (6') in height unless
otherwise approved with a Minor Exception or Variance application.
23. The developer shall comply with Development Code Chapter 16.20, "Land
Divisions" .
24. The developer shall comply with Development Code Chapter 16.64, "Dedications,
Fees and Reservations."
25. The following shall be included in the CC&Rs regarding open space:
a. The dedicated open space parcels shall not be further subdivided in the
futu re;
b. The use of the open space shall continue in perpetuity for the purpose
specified;
c. Appropriate provisions shall be made for the maintenance of the open
space; and
d. Common undeveloped open space shall not be turned into a
commercial enterprise admitting the general public at a fee.
RESOLUTION NO.
PAGE 9
26. A property owners' association and covenants shall be established to ensure that
common areas are owned and maintained by Planned Unit Development
property owners.
a. The homeowners association must be established before the homes
are sold;
b. Membership must be mandatory for each homebuyer and any
successive buyer;
c. The open space restrictions must be permanent, not just for a period
of years;
d. The association must be responsible for liability insurance, local taxes,
and the maintenance of recreational and other facilities;
e. Homeowners must pay their pro rata share of the cost, and the
assessment levied by the association can become a lien on the
property if allowed in the master deed establishing the homeowners
association; and
f. The association must be able to adjust the assessment to meet
changed needs.
PRIOR TO ISSUANCE OF GRADING PERMIT
27. All walls, including screening and retaining walls, shall be compatible with the
approved architecture and Development Code Standards, and shall be no more
than 3 feet in height in the front setback area, subject to the review and approval of
the Community Development Director.
PRIOR TO RECORDING THE FINAL MAP
28. The applicant shall submit final Covenants, Conditions and Restrictions (CC&Rs)
that are administered by a subdivision homeowners' association and formed by the
applicant for common areas within the subdivision. The CC&Rs shall preclude
private property owners from utilizing the 25' creek setback area for private use.
The CC&Rs shall be reviewed and approved by the City Attorney and recorded
with the final map.
29. A landscaping and irrigation plan shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development and
Parks and Recreation Departments. The landscaping plan shall include the
following for all public street frontages and common landscaped areas:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
c. The required landscaping and improvements. This includes:
(1) Deep root planters shall be included in areas where trees are within
five feet (5') of asphalt or concrete surfaces and curbs;
RESOLUTION NO.
PAGE 10
(2) Water conservation practices including the use of low flow heads,
drip irrigation, mulch, gravel, drought tolerant plants and mulches
shall be incorporated into the landscaping plan; and
(3) All slopes 2:1 or greater shall have jute mesh, nylon mesh or
equivalent material.
(4) An automated irrigation system.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
30. All fencing shall be installed.
31. The applicant shall submit final Covenants, Conditions and Restrictions (CC&Rs)
that are administered by a subdivision homeowners' association and formed by the
applicant for common areas within Subarea 1. The CC&Rs shall be reviewed and
approved by the City Attorney and recorded with the final map.
ARCHITECTURAl RFVII=W COMMITTEF (ARC)
32. The ARC shall review the architectural plans for each unit to determine compliance
with the Design Guidelines approved for the project.
33. The ARC shall review the final landscape plan.
PARKS AND RECRFATION DEPARTMFNT CONDITIONS
34. The applicant shall comply with the provisions of Ordinance 521 C.S., the
Community Tree Ordinance.
35. Linear root barriers shall be used at the front of the project to protect sidewalks.
36. All street front trees shall be 24-inch box and shall be located a minimum of one
(1) tree for every forty feet (40') of street frontage.
37. The CC&Rs shall address trash service in areas with receptacles, period cleaning
and maintenance of any grills, tables, benches, etc. All trees and other
landscaping along East Cherry Avenue within the project area shall be maintained
by the HOA on both sides of the street.
BUILDING AND FIRE DEPARTMENT CONDITIONS
LJRC/LJFC
38. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
RESOLUTION NO.
PAGE 11
39. The project shall comply with State and Federal disabled access requirements at
public areas.
SFTRACKS
40. The applicant shall show all setback areas for each lot on the tentative tract map
prior to map recordation. Also, the applicant shall show all setback areas for
each lot on an additional page for the final tract map prior to map recordation.
41. There shall be a minimum three-foot (3') setback .for the garage on the Peters
Trust property.
FIRE LANFS
42. Prior to issuance of a certificate of occupancy, all fire lanes must be posted
and enforced, per Police Department and Fire Department guidelines.
43. On-street parking shall be required to leave a twenty-foot (20') clearance.
FIRF FlOW/FIRE HYDRANTS
44. Project shall have a minimum fire flow of 1,000 gallons per minute for a duration
of 2 hours.
45. Fire hydrants shall be relocated per City standards.
46. Prior to bringing combustibles on site, fire hydrants shall be installed 300 feet
apart, per Fire Department and Public Works Department standards. Locations
shall be approved by the Fire Chief.
FIRE SPRINKI FR
47. With the exception of the historical Vandeveer home, prior to occupancy, all
existing and new buildings must be fully sprinklered per Building and Fire
Department guidelines.
ARANnONMFNT/NON-CONFORMING
48. Prior to issuance of a grading permit or building permit, whichever occurs first,
the applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
OTHFR APPROVAl S
49. Prior to issuance of a building permit, County Health Department approval is
required for well abandonment if applicable.
RESOLUTION NO.
PAGE 12
50. Project must comply with Federal and local flood management policies.
51. Prior to issuance of building permit, a demolition permit must be applied for,
approved and issued for buildings to be removed. Development fees resulting
from demolition will be appropriately credited to the property.
52. Any review costs generated by outside consultants shall be paid by the applicant.
PUBLIC WORKS nFPARTMENT CONDITIONS
All Public Works Department conditions of approval as listed below are to be complied
with prior to recording the map or finalizing the permit, unless specifically noted otherwise.
FFFS
53. The applicant shall pay all applicable City fees at the time they are due. (For
your information, the "Procedure for Protesting Fees, Dedications, Reservations
or Exactions" is provided below).
54. Fees to be paid prior to plan approval:
a. Map check fee.
b. Plan check for grading plans based on an approved earthwork estimate.
c. Plan check for improvement plans based on an approved construction
cost estimate.
d. Permit Fee for grading plans based on an approved earthwork estimate.
e. Inspection fee of subdivision or public works construction plans based on
an approved construction cost estimate.
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A) Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
RESOLUTION NO.
PAGE 13
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E) The imposition of fees, dedications, reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a specific
development.
GFNFRAI CONOITIONS
55. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations
or as directed by the Director of Community Development or the Director of
Public Works.
56. Perform construction activities during normal business hours (Monday through
Friday, 8 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 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.
57. Install deep tree root barriers for all trees planted adjacent to water, sewer and
storm drainage lines.
RESOLUTION NO.
PAGE 14
IMPROVFMFNT PLANS
58. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
59. Submit four (4) full-size paper copies and one (1) full-size mylar copy of
approved improvement plans for inspection purposes during construction.
60. Submit as-built plans at the completion of the project or improvements as
directed by the Director of Public Works. One (1) set of mylar prints and an
electronic version on CD in AutoCAD format shall be required.
61. The following Improvement plans shall be prepared by a registered Civil
Engineer and approved by the Public Works Department:
a. Grading, drainage and erosion control.
b. Street paving, curb, gutter and sidewalk.
c. Public utilities.
d. Water and sewer.
e. Landscaping and irrigation.
f. Any other improvements as required by the Director of Public Works.
g. Profile water, sewer, storm drain and retaining walls.
62. The site plan shall include the following:
a. The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
b. The location, quantity and size of all existing and proposed sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the
property.
e. The location and dimension of all existing and proposed paved areas.
f. The location of all existing and proposed public or private utilities.
63. Improvement plans shall include plan and profile of existing and proposed
streets, utilities and retaining walls.
64. Landscape and irrigation plans are required for landscaping within the public
right of way, and shall be approved by the Community Development and Parks
and Recreation Departments. The Director of Public Works shall approve any
landscaping or irrigation within a public right of way or otherwise to be
maintained by the City.
RESOLUTION NO.
PAGE 15
WATER
65. Whenever possible, all water mains shall be looped to prevent dead ends. The
Director of Public Works must grant permission to dead end water mains.
66. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters. .
67. Each parcel shall have separate water meters. Duplex service lines shall be
used if feasible.
68. Lots using fire sprinklers shall have individual service connections. If the units
are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the
water meters.
69. Existing water services to be abandoned shall be properly abandoned and
capped at the main per the requirements of the Director of Public Works.
70. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
a. Implement an individual water program consisting of retrofitting existing off-
site high-flow plumbing fixtures with low flow devices. The calculations shall
be submitted to the Director of Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council for
approval prior to implementation; OR,
b. The applicant may pay an in lieu fee of $2,200 for each new residential unit.
71. The applicant shall replace the existing 6" water main with an 8" water main from
the project site underneath Myrtle to the 10" main underneath Garden Street.
The applicant may enter into a reimbursement agreement for this work with
Subarea 2 residents.
72. The applicant shall install an 8" water main and blow off from Myrtle Street to the
eastern property line. The location and surface material shall be reviewed and
approved by the Director of Public Works.
SFWER
73. Each parcel shall be provided a separate sewer lateral.
74. All new sewer mains must be a minimum diameter of 8".
75. All sewer laterals within the public right of way must have a min. slope of 2%.
RESOLUTION NO.
PAGE 16
76. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
77. Existing sewer laterals to be abandoned shall be properly abandoned and
capped at the main per the requirements of the Director of Public Works. .
78. The applicant shall connect all existing residences within the project to the
sanitary sewer system when tested and approved.
79. The applicant shall sewer the project in the following manner:
a. Extend a parallel sewer main underneath East Cherry Avenue from the
intersection of Pacific Coast Railway and East Cherry Avenue.
b. Extend the main across the property frontage.
c. The main shall tie into the South San Luis Obispo County Sanitation
District Trunk Main at the intersection of East Cherry Avenue and Pacific
Coast Railway. This main is approximately 12' deep at this location.
d. Size the main to handle all possible future development in the area.
e. The main shall remain sufficiently deep to ensure adeq"uate slope and
depth for future extension.
f. The applicant may enter into a reimbursement agreement for this work
with Subarea 2 residents.
80. Install all necessary sewer mains on site.
81. Project shall be subject to the review of the South San Luis Obispo County
Sanitation District.
82. The applicant shall pave over all sewer main easements passing through private
property.
83. All sewer mains shall be straight between manholes.
PIJRIIC UTiliTIES
84. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
85. Underground all existing overhead public utilities on-site and in the street to the
next existing pole outside of the tract boundaries.
86. Underground improvements shall be installed prior to street paving.
RESOLUTION NO.
PAGE 17
87. Submit all improvement plans to the public utility companies .for approval and
comment. Utility comments shall be forwarded to the Director of Public Works
for approval. '
88. Submit the Final Map to the public utility companies for review and comment.
Utility comments shall be forwarded to the Director of Public Works for approval.
89. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
STRFFTS
90. Consistent with MM 12.2, the developer shall design and install a controlled 3-
way stop at the intersection of East Cherry Avenue and Branch Mill Road as
approved by the Director of Public Works.
91. Obtain approval from the Director of Public Works prior to excavating in any
street recently over-laid or slurry sealed. The Director of Public Works shall
approve the method of repair of any such trenches, but shall not be limited to an
overlay, slurry seal, or fog seal.
92. All trenching in City streets shall utilize saw cutting. Any over cuts shall be
cleaned and filled with epoxy.
93. All street repairs shall be constructed to City standards.
94. Street structural sections shall be determined by an R-Value soil test, but shall
not be less than 3" of asphalt and 6" of Class II AB.
95. Overlay, slurry seal, or fog seal any roads dedicated to the City prior to
acceptance by the City may be required as directed by the Director of Public
Works.
96. Handicapped ramps shall be installed where the sidewalk terminates on the
northeast corner of the project.
97. The extension of Myrtle Street past the internal road shall adhere to the following
design standards:
. 24 feet street width from curb to curb.
. 6 feet wide concrete sidewalk with concrete curb and gutter on the south
side of the street and concrete curb and gutter on the north side of the
street.
. 32 feet wide right-of-way.
. 25 mile per hour design speed.
. Traffic Index of 6.5.
98. Interior streets shall adhere to the following design standards:
RESOLUTION NO.
PAGE 18
o 36 feet .street width from curb to curb.
o 6 feet wide concrete sidewalks with concrete curb and gutter on both
sides of the street.
o 52 feet wide right-of-way.
o 25 mile per hour design speed.
o Traffic Index of 6.5.
99. The extension of East Cherry Avenue shall be designated as a local street and
shall adhere to the following design standards:
o 32 feet street width from curb to curb.
o Concrete curb and gutter on both sides of the street.
o 52 feet wide right-of-way.
o 25 mile per hour design speed.
o Red curb the southern curb adjacent to the Dixson Ranch.
o Traffic Index of 7.0.
100. The secondary access road to subarea 2 shall be paved and 20 feet wide.
CURB GUTTER AND SIDEWALK
101. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
102. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to
prevent damage due to root growth.
103. The applicant shall install a meandering sidewalk along the north side of the
proposed East Cherry Extension.
104. The applicant shall install sidewalk on both sides of the Myrtle Street Extension
west of Stilwell Drive and then on the south side until the turn in front of the
Vanderveer home.
105. The applicant shall install a survey benchmark along East Cherry.
106. The applicant shall install all driveway approaches as such to maximize parking.
GRADING
107. Perform all grading in conformance with the City Grading Ordinance.
108. 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.
109. Submit all retaining wall calculations for review and approval by the Director of
RESOLUTION NO.
PAGE 19
Public Works for walls not constructed per City standards.
110. Prior to issuance of a grading permit, the applicant shall destroy all wells, septic
tanks, cesspools, etc. to County Health Department standards. The applicant
shall be responsible for providing all appropriate documentation from the County
Health Department to the Public Works Department prior to acceptance of the
improvements.
nRAINAGF
111. The proposed drainage facilities shall be designed to be compatible with the
Newsom Springs Regional Drainage project. System flowline elevations shall
allow for the extension of storm drains upstream with a capacity to convey the
100-year runoff and adequate cover.
112. The drainage system design shall include the connection of future Newsom
Springs storm drains. The design of the future connections shall direct the 100-
year flow into the system and provide a minimum of one foot of freeboard below
road overflow elevations without the use of a berm or wall to hold back flood
flows.
113. The main flow channel shall be designed to have a minimum of twelve inches
(12") of freeboard above the 100-year water surface elevation. The channel
shall be provided with a permanent erosion geotextile control rated to meet the
anticipated velocities.
114. . The applicant shall install box culverts across East Cherry Avenue and Myrtle
Street, and an open channel connecting to Arroyo Grande Creek, as shown on
the tentative map and as required by these conditions, sized to collect and
convey the 1 OO-year peak flow.
115. The applicant shall extend a 72" storm drain line along Branch Mill Road to the
existing stone culvert at Huebner Lane and construct other regional drainage
infrastructure. The applicant shall enter into a reimbursement agreement with
the City for this work. The City shall reimburse the applicant $280,000 for this
work.
116. All drainage facilities shall be designed to accommodate a 1 OO-year storm flow.
117. All drainage facilities shall be in accordance with the Drainage Master Plan.
118. The project is in Drainage Zone "B" and will require storm water runoff to be
directed to the creek.
119. The applicant shall perform a detailed drainage analysis prepared by a
registered Civil Engineer in the State of California.
RESOLUTION NO.
PAGE 20
120. The applicant shall coordinate with all appropriate regulatory agencies for the
outlet of the storm drain line to the creek.
121. The applicant shall remove, not abandon, the two 24" pipes underneath Myrtle.
122. The applicant shall install in-line filtration to remove hydrocarbons, sedimentation
and pollutants from on-site stormwater that does not flow through the bioswale,
prior to discharging to the creek.
123. The grading and drainage plans shall be reviewed by the Coastal San Luis
Obispo Resource Conversation District. The applicant shall reimburse the City
for this review.
nFnlCATIONS ANn FASEMENTS
124. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8 1/2 x 11
City standard forins, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City
processing.
125. Abandonment of public streets and public easements shall be listed on the final
map in accordance with Section 66499.20 of the Subdivision Map Act.
126. Street tree planting and maintenance easements shall be dedicated adjacent to
all street right of ways. Street tree easements shall be a minimum of 10 feet
beyond the right of way.
127. The applicant shall dedicate the appropriate right of way for the following streets
as shown on the tentative map:
. The extension of Myrtle Street.
. The extension of East Cherry.
. The construction of Stillwell Drive.
128. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide
adjacent to all street right of ways. The PUE shall be wider where necessary for
the installation or maintenance of the public utility vaults, pads, or similar
facilities.
129. Easements shall be dedicated to the public on the map, or other separate
document approved by the City, for the following:
. Drainage easements where shown on the tentative map. The
easements shall be a minimum of 15 feet wide.
. Sewer easements where shown on the tentative map. The easements
shall be a minimum of 15 feet wide.
RESOLUTION NO.
PAGE 21
. Water easements where shown on the tentative map. The easements
shall be a minimum of 15 feet wide.
. A 25' wide creek easement from the top of the bank.
PFRMITS
130. Obtain an encroachment permit prior to performing any of the following:
a. Performing work in the City right of way.
b. Staging work in the City right of way.
c. Stockpiling material in the City right of way.
d. Storing equipment in the City right of way.
131. Obtain a grading permit prior to commencement of any grading operations on
site.
AGRFFMFNTS
132. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
improvements.
133. Subdivision Improvement Agreement: The subdivider shall enter into a
subdivision agreement for the completion and guarantee of improvements
required. The subdivision agreement shall be on a form acceptable to the City.
134. Covenants, Conditions, and Restrictions for maintenance of all privately
maintained items. These shall be subject to the review and approval of the
Director of Public Works and the City Attorney.
135. An Open Space Agreement for review and approval by the Director of Public
Works and City Attorney.
IMPROVFMFNT SFCLJRITIFS
136. All bonds or security shall be in a form acceptable to the City, and shall be
provided prior to recording of the map, unless noted otherwise. The
Improvement securities shall be such that they shall not expire until the City
accepts the improvements.
137. Submit an engineer's estimate of quantities for public improvements for review
by the Director of Public Works.
138. Provide bonds or other financial security for the following, to be based upon a
construction cost estimate approved by the Director of Public Works:
a. Faithful Performance: 100% of the approved estimated cost of all
RESOLUTION NO.
PAGE 22
subdivision improvements.
b. labor and Materials: 50% of the approved estimated cost of all subdivision
improvements. .
c. One Year Guarantee: 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance of the
subdivision improvements.
d. Monumentation: 100% of the estimated cost of setting survey monuments.
This bond may be waived if the developer's surveyor submits to the Director
of Public Works a letter assuring that all monumentation has been set.
OTHFR DOr.IJMFNTATION
139. Tax Certificate: The applicant shall furnish a certificate from the tax collector's
office indicating that there are no unpaid taxes or special assessments against
the property. The applicant may be required to bond for any unpaid taxes or
liens against the property. .
140. Preliminary Title Report: A current preliminary title report shall be submitted to
the Director of Public Works prior to checking the map.
141. Subdivision Guarantee: A current subdivision guarantee shall be submitted to
the Director of Public Works prior to recording the Map.
PRIOR TO ISSUING A RUII DING PFRMIT
142. The Final Map shall be recorded with all pertinent conditions of approval
satisfied.
PRIOR TO ISSUING A r.FRTIFIr.ATF OF Or.r.UPANr.V
143. All utilities shall be operational.
144. All essential project improvements shall be constructed prior to occupancy. Non-
essential improvements, guaranteed by an agreement and financial securities,
may be constructed after occupancy as directed by the Director of Public Works.
145. The City shall have accepted all public improvements prior to issuing occupancy
for the final 10% of the lots.
/
RESOLUTION NO.
PAGE 23
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall
be monitored by the appropriate City department or responsible agency. The applicant
shall be responsible for verification in writing by the monitoring department or
agency that the mitigation measures have been implemented.
MM 1.1: The applicant shall submit a lighting plan for development of Phase
1 verifying that all exterior lighting for the development is directed downward and
does not create spill or glare on to adjacent properties and riparian habitat.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - COD; Police Dept.
Prior to issuance of Building Permit
MM 1.2: The applicant shall submit final design, exterior colors and
materials for the homes in Phase 1 for ARC review and approval.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - COD
Prior to issuance of Building Permit
MM 2.1: The City has adopted a Right-To-Farm Ordinance with provisions for
farmland preservation and protection, and serves to notify residents of farmers'
rights and clarify agricultural activities. As an added measure, all new property
owners within the Neighborhood Plan area must sign a Real Estate Transfer
Disclosure indicating that they acknowledge and agree to the provisions contained
in the City's Right-To-Farm Ordinance. The disclosure shall have a bolded
statement cautioning the purchaser that they are living close to farmland.
Responsible Party:
Monitoring Agency:
Timing:
Developer; Real Estate Agent
City of Arroyo Grande - COD
Prior to close of escrow
MM 2.2: The final landscape plan for the agricultural buffer shall be
prepared by a landscape professional having experience with designing
agricultural buffers. The plant selection 'shall provide effective and appropriate
screening with fast growing evergreen trees and shrubs. The vegetative
screening shall be installed prior to issuance of building permit to allow time for
the plants to become established. The CC&Rs shall contain assurances that the
screening is sufficiently maintained. At a minimum, the CC&Rs shall include
provisions for a five-year monitoring plan for the agricultural buffer landscaping.
RESOLUTION NO.
PAGE 24
Responsible Party:
Monitoring Agency:
Developer
City of Arroyo Grande - COD, PR&F (Parks,
Recreation and Facilities Dept.)
Prior to issuance of building permit.
Timing:
MM 2.3: To mitigate for the loss of approximately one (1) acre of prime soil
on the Subarea 1 property, the developer shall pay an in-lieu fee in the amount
of $56,000.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - COD
Prior to issuance of building permit.
Con!;trlldion Ph;:)!;e Fmi!;!;ion!;
The project shall comply with all applicable Air Pollution Control District (APCD)
regulations pertaining to the control of fugitive dust (PM10) as contained in section
6.5 of the Air Quality Handbook. All site grading and demolition plans shall list the
following regulations:
MM 3.1: All dust control measures listed below (MM 3.2 - 3.6) shall be
followed during construction of the project and shall be shown on grading and
building plans. The contractor or builder shall designate a person or persons to
monitor the dust control program and to order increased watering, as necessary, to
prevent transport of dust off site. The name and telephone number of such
person(s) shall be provided to the APCD prior to land use clearance for map
recordation and finished grading of the area.
MM 3.2: During construction, water trucks or sprinkler systems shall be used
to keep all areas of vehicle movement damp enough to prevent airborne dust from
leaving the site. At a minimum, this would include wetting down such areas in the
later morning and after work is completed for the day and whenever wind exceeds
15 miles per hour. Reclaimed (non-potable) water shall be used.
MM 3.3: Soil stockpiled for more than two days shall be covered, kept moist,
or treated with soil binders to prevent dust generation.
MM 3.4: All vehicles hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum vertical
distance between top of load and top of trailer) in accordance with CVC Section
23114.
MM 3.5: Install wheel washers where vehicles enter and exit unpaved roads
on to streets, or wash off trucks and equipment leaving the site. Vehicle speed for
all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site.
RESOLUTION NO.
PAGE 25
MM 3.6: Sweep streets at the end of each day if visible soil material is carried
on to adjacent paved roads. Water sweepers with reclaimed water should be used
where feasible.
MM 3.7: To mitigate the diesel PM generated during the construction phase,
all construction equipment shall be properly maintained and tuned according to
manufacturer's specifications. The measures below (MM 3.8 - 3.10) shall be
clearly identified in the project bid specifications so the contractors bidding on the
project can include the purchase and installation costs in their bids.
MM 3.8: All off-road and portable diesel powered equipment, including but not
limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets,
compressors, auxiliary power units, shall be fueled exclusively with California Air
Resources Board (ARB) motor vehicle diesel fuel.
MM 3.9: To the maximum extent feasible, the use of diesel construction
equipment shall meet the ARB's 1996 certification standard for off-road heavy-duty
diesel engines.
MM 3.10: If utility pipelines are scheduled for removal or relocation, or
building(s) are removed or renovated, this project may be subject to various
regulatory jurisdictions, including the requirements stipulated in the National
Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos
NESHAP). These requirements include, but are not limited to: 1) notification
requirements to the APCD, 2) asbestos survey conducted by a Certified Asbestos
Inspector, and 3) applicable removal and disposal requirements of identified
asbestos containing material.
MM 3.11: Prior to any grading activities at the site, the project proponent 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 filed with the APCD. If NOA is found at the
site, the applicant must comply with all requirements outlined in the Asbestos Air
Toxins Control Measure (ATCM) regulated under by the California Air Resources
Board (ARB).
Responsible Party:
Monitoring Agency:
Developer
City of Arroyo Grande - Public Works Dept.,
Building and Fire Department
Prior to issuance of Grading Permit and during
construction
Timing:
Oper::Jtion::J1 Ph::Jse Fmissions
MM 3.12: Provide continuous sidewalks separated from the roadway by
landscaping with adequate lighting and crosswalks at intersections.
RESOLUTION NO.
PAGE 26
MM 3.13: Provide shade tree planting along southern exposures of buildings to
reduce summer cooling needs.
MM 3.14:
Provide sodium streetlights.
MM 3.15:
Orient homes to maximize natural heating and cooling.
MM 3.16: Provide outdoor electrical outlets on homes to encourage the use of
electric appliances and tools. .
Responsible Party:
Monitoring Agency:
Developer
City of Arroyo Grande - COD, Public Works
Dept., and Building & Fire Dept.
Prior to issuance of Building Permit
Timeframe:
MM 4.1: The Final Tract Map shall show an irrevocable offer to dedicate to the
City the creek channel, the twenty-five foot (25') creek setback area measured from
top of bank, and any environmentally sensitive areas, as determined by a qualified
biologist, along the Phase I property boundary. An open space easement shall
also be recorded stipulating that no development shall occur within 25' creek
setback area.
Responsible Party:
Monitoring Agency:
Developer
City of Arroyo Grande - COD, Public Works
Dept.
Prior to Grading Permit
Timeframe:
,
MM 4.2: A Riparian Habitat Restoration and Native Tree Replacement
Mitigation and Monitoring Plan (Restoration Plan) shall be prepared by a qualified
landscape architect and/or restoration biologist experienced in native habitat
restoration for the dedicated open space 25-foot creek setback area measured
from top of bank and any environmentally sensitive areas, as determined by a
qualified biologist. The Restoration Plan shall include at a minimum a detailed
planting plan for the 25-foot setback area and for all disturbed areas from
culvert/outfall construction and Myrtle Street extension. The Restoration Plan shall
also include at a minimum the number and location of other native trees impacted
and location of replacement plantings, specific plant species palette, a non-native
species removal plan, success criteria, a five-year monitoring program, and
contingency measures to ensure meeting the success criteria. The Restoration
Plan shall also include an erosion control plan and Best Management Practices
(BMPs) for all disturbed areas within the 25-foot creek setback and exposed banks.
The erosion control seed mix for the riparian setback area shall be composed
exclusively of native species.
RESOLUTION NO.
PAGE 27
Responsible Party:
Monitoring Agency:
Timeframe:
Developer shall submit the plan to the City
City of Arroyo Grande - COD and PR&F;
CDFG
Restoration Plan shall be submitted and
approved prior to issuance of Grading Permit;
duration of monitoring shall be no less than five
(5) years.
MM 4.3: Landscaping within the bioswale shall be limited to native plant species.
The CC&Rs shall include a provision for continued maintenance of the bioswale
with regard to vegetation, sedimentation, reseeding and water quality monitoring.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer shall submit the landscape plan to
the City. The CC&Rs shall include a
maintenance provision.
City of Arroyo Grande - COD and PR&F
Final landscape plan shall be approved prior to
issuance of Grading Permit. CC&Rs shall be
approved prior to issuance of Building Permit.
MM 4.4: Any native trees intentionally or unintentionally killed or removed that are
greater than or equal to two (2) inches diameter at breast height (DBH) and less
than twelve (12) inches DBH shall be replaced at a 3:1 ratio. Trees removed that
are greater than or equal to twelve (12) inches DBH shall be replaced at a 5:1 ratio.
Replacement trees shall be limited to in-kind replacement of appropriate native tree
species as approved by a qualified landscape architect and/or restoration biologist,
and the City Parks, Facilities and Recreation Department's arborist. All trees to be
removed shall be clearly marked on construction plans and marked in the field with
flagging or paint. All trees to be retained shall be clearly identified on construction
plans and marked in the field for preservation with highly visible construction
fencing at a minimum around the drip line.
Native riparian trees impacted shall be replaced within the 25-foot riparian setback
area. Native trees impacted outside the riparian zone shall be replaced within the
riparian setback area or incorporated into the development landscaping plan.
Responsible Party:
Monitoring Agency:
Timeframe:
City of Arroyo Grande - COD, PR&F
City of Arroyo Grande - COD, PR&F
During construction
MM 4.5: A qualified biologist shall perform one pre-construction survey for
southwestern pond turtles immediately prior to initiation of site grading and
culver/outfall structure construction. If southwestern pond turtles are observed
within an area to be disturbed they shall be relocated out of harms way to an
appropriate area immediately upstream or downstream of the project area within
Arroyo Grande Creek.
RESOLUTION NO.
PAGE 28
Responsi~le Party:
Monitoring Agency:
Timeframe:.
. .
Developer
City of Arroyo Grande - COD
Prior to issuance of Grading Permit
MM 4.6: All tree removal shall be limited to the time period of September 1st to
March 1S\ which is considered to be outside the typical breeding season for birds. If
it is not feasible to. avoid the bird-nesting season and trees will be removed
between March 1st and September 1st, a pre-construction survey for nesting birds
shall be performed by a qualified biologist. . If active birds nests are located during
pre-construction surveys within the project area subject to tree removal or ground
disturbance, the nest site shall be avoided until the adults and young are no longer
reliant on the nest :site for survival as determined by a qualified biologist. If
determined necessary by a qualified biologist, a non-disturbance buffer zone shall
be established around each nest for the duration of the breeding season until such
time as the adults and young are no longer reliant on the nest site for survival as
determined by the qualified biologist.
Responsible Party:
Monitoring 'Agency:
Timeframe:
Developer
City of Arroyo Grande - COD
Prior to issuance of Grading Permit
MM 4.7: The applicant shall provide proof of Clean Water Act regulatory
compliance in the form of a permit from the Corps or written documentation from
the Corps that no permit would be required for diversion of the Newsom Springs
drainage at the stone culvert and placement of the culverts and outfall structure on
the bank of Arroyo Rrande Creek. Should a permit be required, the applicant shall
implement all the terms and conditions of the permit to the satisfaction of the City
and the Corps. Corps permits and authorizations require applicants to demonstrate
that the proposed project has been design~d and will be implemented in a manner
that avoids and minimizes impacts on aquatic resources. In addition, the Corps
requires compensatory mitigation for unavoidable impacts to achieve the goal of a
no net loss of wetland values and functions. As such, regulatory compliance would
reduce potential impacts on waters of the U.S. to a less-than-significant level.
Responsible Party:
Monitoring Agency:
Timeframe: . '
Developer
City of Arroyo Grande - COD; Corps
Prior to issuance of Grading Permit
MM 4.8: The applicant shall provide proof of compliance with Section 1600 et.seq.
of the California Fish and Game Code (Streambed Alteration Agreements) in the
form of a completed Streambed Alteration Agreement or written documentation
from the CDFG that no agreement would be required for diversion of the Newsom
Springs drainage at,. the stone culvert and placement of the culverts and outfall
structure on the bank of Arroyo Grande Creek. Should an agreement be required,
the applicant shall implement all the terms and conditions of the agreement to the
RESOLUTION NO.
PAGE 29
satisfaction of the City and the CDFG. The CDFG Streambed Alteration Agreement
process encourages applicants to demonstrate that the proposed project has been
designed and will be implemented in a manner that avoids and minimizes impacts
on riparian habitat and the stream zone. In addition, CDFG requires compensatory
mitigation for unavoidable impacts on riparian habitat in the form of habitat
restoration of disturbed areas to the extent feasible. As such, regulatory compliance
would reduce potential impacts on waters of the state to a less-than-significant
level.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - COD; CDFG
Prior to issuance of Grading Permit
MM 4.9: The applicant shall provide proof of compliance with the federal
Endangered Species Act for potential impacts on the CRLF in the form of a take
permit/authorization or written documentation from the U.S. Fish and Wildlife
Service (USFWS) that the proposed project would not result in take of the CRLF or
would otherwise not adversely affect the species. Should a take
permit/authorization be required, or conditions imposed by the USFWS to ensure
that no take would. result from the project, the applicant shall implement all the
terms and conditions of the USFWS permit, authorization, or recommendations to
the satisfaction of the City and the USFWS. The USFWS can only provide take
authorization for projects that demonstrate the species affected would be left in as
good as or better condition than before the project was implemented. Additionally,
the USFWS cannot authorize any project that would jeopardize the continued
existence of a listed species. As such, regulatory compliance would reduce
potential impacts on the CRLF to a less-than-significant level.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - COD; USFWS
Prior to issuance of Grading Permit
MM 4.10: The applicant shall provide proof of compliance with the federal
Endangered Species Act for potential impacts on the steelhead in the form of a
take permit/authorization or written documentation from the National Marine
Fisheries Service (NMFS) that the proposed project would not result in take of the
steelhead or would otherwise not adversely affect the species. Should a take
permit/authorization be required, or conditions imposed by NMFS to ensure that no
take would result from the project, the applicant shall implement all the terms and
conditions of the NMFS permit, authorization, or recommendations to the
satisfaction of the City and NMFS. The NMFS can only provide take authorization
for projects that demonstrate the species affected would be left in as good as or
better condition than before the project was implemented. Additionally, the NMFS
cannot authorize any project that would jeopardize the continued existence of a
listed species. As such, regulatory compliance would reduce potential impacts on
the steelhead to a less-than-significant level.
RESOLUTION NO.
PAGE 30
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD; NOAA Fisheries
Prior to issuance of Grading Permit
MM 5.1: A qualified archaeologist shall be retained to monitor all grading activities.
The monitor shall work closely with construction crews in close proximity to earth
moving equipment in order to investigate and evaluate exposed materials
immediately upon exposure and prior to disturbance. A daily log shall be
maintained by the monitor to record when and where earth-moving activities take
place within the project area, as well as the presence/absence of archaeological
materials in the monitored matrix.
In the event that prehistoric cultural materials, or historic cultural materials are
encountered, work in the immediate vicinity of the finds shall be suspended and the
archaeologist shall be allowed to quickly record, collect, and analyze any significant
resources encountered. The client and the City shall be notified should resources
meeting CEQA significance standards are discovered. The archaeologist shall
work as quickly as possible to permit resumption of construction activities. It is
preferred that location data of finds be recorded using a hand-held global
positioning system (GPS) receiver.
In the event that human remains (burials) are found, the County Coroner (781-4513)
shall be contacted immediately. If the coroner determines that the remains are not
subject to his or her authority and if the coroner recognizes the remains to be those
of a Native American, or has reason to believe that they are those of a Native
American, he or she will contact by telephone within 24 hours the Native American
Heritage Commission.
Following the field analysis work, the qualified archaeologist shall prepare final
monitoring/mitigation report that includes a description of the methods used,
materials recovered, and the results of historic or prehistoric analysis of those
materials. The final archaeological monitoring/mitigation report prepared by the
qualified archaeologist shall be accepted by the Community Development Director
prior to submittal to the repository and issuance of any final occupancy for the
project. A high-quality, laser or equivalent copy, shall be provided to the
Community Development Director for retention in the project file.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, Public Works
During grading and construction activities; prior
to issuance of a Certificate of Occupancy
MM 5.2: The owner of the property containing the Vandeveer house shall register
the residence in the California Register of Historic Places through the State Office
of Historic Preservation (OHP).
RESOLUTION NO.
PAGE 31
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, Building & Fire
Dept.
Prior to issuance of a Certificate of Occupancy
MM 5.3: Any alteration to the Vandeveer house shall comply with the Secretary's
Rehabilitation Standards and Guidelines (36 CFR part 68).
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Building & Fire Dept.
Prior to issuance of Building Permit for
alterations to the residence
MM 6.1: A project-specific soils report shall be prepared by a registered
geotechnical or soils engineer as required by the City's Grading Ordinance, and the
recommendations of that report shall be incorporated in the design and
construction of the proposed project. Final improvement plans submitted to the
City shall be accompanied by a letter of certification from the civil engineer that the
plans are in conformance with the soils report, and the certification shall confirm
that the plans include the following:
. The project shall be designed to withstand ground shaking
associated with a large magnitude earthquake on nearby active
faults.
. All proposed structures shall be designed to conform to the most
recent Uniform Building Code (UBC) Zone 4 guidelines.
. The project shall comply with the requirements of the City's
Grading Ordinance.
. Site-specific specifications regarding clearing, site grading and
preparation, footings, foundations, slabs-on-grade, site drainage,
and pavements or turf block shall be delineated.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to issuance of Grading Permit
MM 6.2: The soils report shall include the following considerations, at a minimum,
to ensure thatthe impacts related to soil instability and landslides are reduced toa
less-than-significant, level:
. Utilities should be designed with as much flexibility as practical to
tolerate potential differential movement without becoming
disconnected or broken.
. Subgrade or base material shall be replaced or covered with
suitable base material.
MM '6.3: Prior to issuance of a Grading Permit for the project, the applicant shall
prepare and submit a grading and erosion control plan in compliance with the City's
Grading Ordinance for review and approval by the Public Works Department, a
qualified biologist and hydrologist. The plan shall be prepared by a civil engineer to
address both temporary and long-term sedimentation and erosion impacts. The
erosion control plan shall be subject to review, approval and monitoring during
construction by an on-site biologist, soils or geotechnical engineer and City staff
and shall include the following, at a minimum:
Install and maintain silt basins and fences or straw bales along
drainage paths during construction to contain on-site soils until
bare slopes are vegetated. Carefully stockpile graded soils away
from drainages;
Restrict grading and earthwork during the rainy season (October 15
through April 15) and stabilize all exposed soils and graded areas
prior to onset of the rainy season through mulching and reseeding.
Permit grading within this period only with installation of adequate
sediment and erosion control measures;
Delineate and describe the practices to retain sediment on the site,
including sediment basins and traps, and a schedule for their
maintenance and upkeep;
Delineate and describe the vegetative practices to be used,
including types of seeds and fertilizer and their application rates,
the type, location and extent of pre-existing and undisturbed
vegetation types, and a schedule for maintenance and upkeep;
Comply with all applicable City of Arroyo Grande ordinances
including landscaping compatibility for erosion control;
Only clear land that will be actively under construction within 6 to
12 months;
Stabilize disturbed areas except where active construction is taking
place. Examples of stabilization techniques include jute netting,
hydro-seeding (using native plant composition in consultation with a
qualified biologist or re-vegetation specialist), etc. and provide
permanent stabilization during finish grade and landscape the site;
Dispose of all construction waste in designated areas, and keep
storm water from flowing on or off these areas; and
RESOLUTION NO.
PAGE 32
. Retaining wall design shall be prepared by a qualified structural
engineer based on the recommendations of a qualified civil
engineer and shall comply with the requirements of the City's
Grading Ordinance.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to issuance of Grading Permit
.
.
.
.
.
.
.
.
RESOLUTION NO.
PAGE 33
. Place perimeter controls where runoff enters or leaves the site prior
to clearing, grubbing, and rough grading. Perimeter controls may
include dikes, swales, temporary storm drains, sand bags or hay
bales.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, Public Works
Dept.; Consulting biologist and hydrogeologist
Prior to issuance of Grading Permit
MM 6.4: All project stormwater not passed through the bioswale shall be passed
through in line storm water filters prior to discharging to the creek.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, Public Works
Dept.
Prior to issuance of Building Permit
MM 6.5: The San Luis Obispo County Public Works Department shall review the
project improvement plans to determine potential impacts to the County's gauging
station for Arroyo Grande Creek. The project shall comply with all County
ordinances and mitigation set forth by this agency.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer; City of Arroyo Grande - Public
Works Dept.
City of Arroyo Grande - Public Works Dept.
Prior to approval of improvement plans
MM 8.1: Construction activitie~ shall be restricted to the hours of 8:00AM to 5:00
PM Monday through Friday. There shall be no construction activities on Sundays.
Interior finish work is allowed on Saturdays that does not include hammering, the
use of power tools or any other noise generating activities. On-site equipment
maintenance and servicing shall be confined to the same hours.
MM 8.2: All construction equipment utilizing internal combustion engines shall be
required to have mufflers that are in good condition. Stationary noise sources shall
be located at least 300 feet from occupied dwelling units unless noise reducing
engine housing enclosures or noise screens are provided by the contractor.
MM 8.3: Equipment mobilization areas, water tanks, and equipment storage areas
sh!'lll be placed in a central location as far from existing residences as feasible.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, Public Works
Dept.
During construction
RESOLUTION NO.
PAGE 34
MM 9.1: Ten percent (10%) of the new units constructed shall be sold to qualified
families earning a moderate-income (based on the County's Affordable Housing
Standards). The developer shall pay an affordable housing in-lieu fee for any
fraction of a unit. An affordable housing agreement between the City and
developer shall be recorded that stipulates the details of the terms and conditions
for producing and selling affordable ownership housing within the project. Said
agreement shall be reviewed and approved by the Community Development
Director and City Attorney, and shall be recorded prior to recordation of the final
tract map.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, City Attorney
Prior to recordation of the Final Tract Map
MM 10.1: The applicant shall pay the mandated Lucia Mar Unified School District
impact fee. .
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Building & Fire Dept.;
Lucia Mar Unified School District
Prior to issuance of Building Permit
MM 11.1: The developer shall pay all applicable City park development and impact
fees.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Building & Fire Dept.;
PR&F
Prior to issuance of Building Permit
MM 12.1: The developer shall pay the City's Traffic Signalization and
Transportation Facilities Impact fees.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Building & Fire Dept.;
. Public Works Dept.
Prior to issuance of Building Permit
MM 12.2: The developer shall design and install a controlled 3-way stop at the
intersection of East Cherry Avenue and Branch Mill Road as approved by the
Director of Public Works.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to recordation of the Final Tract Map
RESOLUTION NO.
PAGE 35
MM 13.1: . Existing and new residences located in Phase I shall hook up to the
City's sanitary sewer system and shall be provided with individual sewer laterals.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande -Public Works Dept.
Prior to issuance of Building Permit
MM 13.2: The developer shall pay the City's sewer hookup and SSLOCSD impact
fees.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Building & Fire Dept.;
Public Works Dept.
Prior to issuance of Building Permit
MM 13.3: The Final Tract Map shall show private sewer easements in the fire road
to benefit the existing residences along Lierly Lane for future sewer connection.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to recordation of the Final Tract Map
MM 14.1: The applicant shall submit a Notice of Intent to the Regional Water
Quality Control Board (RWQCB) to obtain a State Water Resources Control Board
General Construction Storm Water Permit. This shall include preparation and
submittal to the RWQCB of a City-approved Storm Water Pollution Prevention Plan
(SWPPP) and Erosion Control Plan that specifies the implementation of Best
Management Practices to avoid and minimize water quality impacts as required by
the Regional Water Quality Control Board (RWQCB). At a minimum, the SWPP
and Erosion Control Plan shall include:
. Designation of equipment and supply staging and storage areas at
least 200 feet from the outside edge of the Arroyo Grande Creek
25-foot setback area. All vehicle parking, routine equipment
maintenance, fueling, minor repair, etc., and soil and material
stockpile, shall be done only in the designated staging area.
. Major vehicle/equipment maintenance, repair, and equipment
washing shall be performed off site.
. A wet and dry spill clean up plan that specifies reporting
requirements and immediate clean up to ensure no residual soil,
surface water or groundwater contamination would remain after
clean up.
. Erosion control and bank stabilization measures for installation of
the stormwater outfall culverts on the banks of the creek.
RESOLUTION NO.
PAGE 36
. Designating concrete mixer washout areas at least 200 feet from
outside edge of Arroyo Grande Creek 25-foot setback with the use
of appropriate containment or reuse practices.
. A temporary and excess fill stockpile and disposal plan that
ensures that no detrimental affects to receiving waters would result.
. Required site preparation and erosion control BMPs for any work
that may need to be completed after October 15.
RElsponsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to issuance of Grading Permit
MM 14.2: The project shall comply with the City's required water conservation
measures including any applicable measures identified in any applicable City Water
Conservation Plans.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to issuance of Building Permit
MM 14.3: The project shall install best available technology for low-flow toilets,
showerheads and hot water recirculation systems.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande -Building Dept.
Prior to issuance of a Certificate of Occupancy
MM 14.4: The final landscape plan shall show low-water use/drought resistant species
and drip irrigation systems rather than spray irrigation systems.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - PR&F Dept.
Prior to issuance of Building Permit
MM 14.5: The project plans shall include methods for collecting surface run-off from
the site for use on landscaped areas to reduce water use and minimize run-off to the
extent feasible.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande -Public Works Dept.
Prior to issuance of Building Permit
MM 14.6: The applicant shall complete measures to neutralize the estimated increase
in water demand created by the project by either:
RESOLUTION NO.
PAGE 37
. Implement an individual water program consisting of retrofitting existing off-
site high-flow plumbing fixtures with low flow devices. The calculations shall
be submitted to the Director of Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council for
approval prior to implementation; OR,
. The applicant may pay an in lieu fee of $2,200 per new residential unit.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande -Public Works Dept.
Prior to issuance of Building Permit
11.a.
MEMORANDUM
TO:
FROM:
CITY COUNCIUREDEVELOPMENT AGENCY BOARD OF DIRECTORS
ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES
SUBJECT: FISCAL YEAR 2006-07 FIRST QUARTER BUDGET STATUS REPORT
DATE:
NOVEMBER 28, 2006
RECOMMENDATION:
It is recommended the City Council/Agency Board:
. Approve Carryover Appropriations as shown in Schedule A.
. Approve budget adjustments and recommendations as shown in Schedule A.
FUNDING:
The General Fund ending balance will be impacted by the approval of the recommended
revenue and appropriation adjustments as follows:
Unaudited Fund Balance 6/30/2006:
Carryover Appropriations
$2,367,761
(217.503)
2,150,258
Available Fund Balance 7/1/2006
Net Approved Adjustments
Budget Update Adjustments (7/25/06)
Proposed Adjustments
Total Decrease to General Fund Balance
(13,218)
6,722
( 102.033)
Adjusted Fund Balance 6/30/2007
(108.529)
$2.041.729
Because some projects, operations, and orders are not complete by the June 30 year-end
close, it is common for the projected fund balance to be reduced by expenses (carryovers) to
be paid in the current fiscal year.
CONSIDERATION OF FIRST QUARTER BUDGET STATUS REPORT
NOVEMBER 28, 2006
PAGE 2 .
DISCUSSION:
Backaround
Each year, the City CouncillRDA Board of Directors adopts a budget, which commits
resources to the accomplishment of its policies. The Financial Services Department routinely
prepares quarterly budget updates for the City Council.
The purpose of the City's First Quarter budget review is to:
. Provide a reconciliation of the expected and actual year-end General Fund Balance for
Fiscal Year 2006-07.
. Recommend the re-appropriation of prior year budgets for services/products that were
begun, but not completed as of June 30, 2006.
. Conduct a review of City funds to recommend budgetary changes to address known
budget deficiencies.
. Identify budget changes that materially impact fund balances.
Summary
· The General Fund Fiscal Year 2005-06, unaudited Fund Balance as of June 30, 2006 is
$2,367,761.
· The projected available General Fund Balance for the current fiscal year is approximately
$2,041,729. The projected General Fund balance is approximately 15% of
appropriations.
· Carryover appropriations from FY 2005-06 are reported on Schedule A. Carryover
budget amounts are unused appropriations in the 2005-06 Fiscal Year added to the 2006-
07 Fiscal Year. The carryover appropriations are for items or projects that began the
purchase process, but were uncompleted by June 30, 2006.
· The proposed budget adjustments include $217,503 for carryover appropriations in the
General Fund. Carryover appropriations of $135,067 are for projects and equipment.
Additionally, there is approximately $82,436 in carryover capital transfers to the CIP to
fund capital projects still in progress. These projects include $8,172 for the Police Station
parking lot, $30,000 for the Woman's Club roof replacement, $10,788 for the pavement
management program, $7,931 for the benchmark survey, $10,000 for ADA program and
retrofits, $2,897 for stop signs and ADA ramps at James Way/Rodeo Drive, and $12,648
for the Newsom Springs drainage project.
· The proposed budget also includes carryover appropriations of $3,288,723 for various
other Capital Improvement Projects in the CIP fund.
· The proposed budget adjustments include the following expenditures, which have already
been approved by Council:
CONSIDERATION OF FIRST QUARTER BUDGET STATUS REPORT
NOVEMBER 28, 2006
PAGE 3
1. General Fund - $13,000 for emergency repairs to one of the City's Fire'
engines, $9,000 for Fire Chief recruitment, $2,000 for additional User Fee
study expenses, $3,218 for two rebuilt copiers, and $10,000 for the MOU
with the Lucia Mar Unified School district;
2. In Lieu Affordable Housing Fund - $830,000 loan to the Redevelopment
Agency for the purchase of property located on Faeh Street.
· The proposed budget adjustments include the following new appropriations requested by
staff, which are explained in more detail in the attached Budget report:
1. General Fund - a total of $102,033;
2. Park Development Fund - $9000;
3. Park Improvement Fund - $7,000;
4. Streets Fund - $980;
5. Traffic Congestion Fund - $37,000;
6. Water Fund - $41,900;
7. Sewer Fund - $10,280.
· The proposed budget adjustments also include an adjustment to telecommunication site
lease revenue resulting from the new Cingular lease located on Ash Street.
. If the sales tax measure is approved, the Y, cent increase will take effect on April 1 , 2007.
Therefore adjustments regarding initial revenue will be made in the mid year budget
report in February 2007.
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
1. Approve the following Schedule A included in First Quarter Budget Status report that
summarizes budget adjustments;
2. Do not approve staff recommendation;
3. Modify staff recommendation and approve the schedule;
4. Provide direction to staff.
Attachment(s): Quarterly Financial Report
Schedule A
Schedule B
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Quarterly Financial Report
First Quarter of Fiscal Year 2006-07
November 28,2006
OVERVIEW
This report summarizes the City's overall financial position for
the fiscal year through September 2006. Except as noted
below, revenues and operating expenditures are generally on
target based on past trends for the first quarter.
Adjusted Budgets: The revenue projections and budgets
include the adjustments for encumbrances, carryovers, and
expenditures that are included in this report.
Mid-Year Review: The City's overall revenue and
expenditure picture will be discussed in greater detail during
the Mid-Year Budget Review scheduled for Council
consideration in February of2007.
GENERAL FUND
General Fund Financial Condition:
With 25% of the year complete, General Fund revenues are
consistent based on prior year payment schedules and
expenditures are at 24%. The projected General Fund balance
is approximately 15% of appropriations.
General Fund Balance Budget YTD Actual 0/0
Revenues 13,651,145 1,207,269 9%
Expenditures 13,977,177 3,370,615 24%
Beginning Fund Balance 2,367,761 -
Ending Fund Balance 2,041,729 -
Top Ten Revenues: The top ten revenues account'
for 78% of the General Fund revenue. By
highlighting these, we can get a better understanding
of the City's revenue position. Although there are
some fluctuations among the revenue line items, the
overall percentage is at 7%, which is consistent with
the prior year. Any significant variances are noted
on the next page.
I" uarter - Current Fiscal Year
Prope Tax 3,980,660 3%
Tri Ie Fli - Sales Tax 819,000 0%
Triple Flip - VLF 1,072,600 0%
Sales Tax 2,948,150 224,925 8%
TOT 461,000 106,480 23%
Franchise Tax 557,050 38,383 7%
Buildin Permits 228,533 39,481 17%
VLF 112,000 23,819 21%
Children in Motion 268,000 89,916 34%
Telecommunication site
leases 164,700 38,980 24%
Total 10,611,693 690,218 7%
Pro ert Tax 3,584,110 4%
Tri leFli - Sales Tax 798;666 0%
Triple Fli - VLF 1,026,511 0%
Sales Tax 2,873,000 243,944 8%
TOT 391,400 105,035 27%
Franchise Tax 530,500 36,134 7%
Buildin Permits 217,650 54,227 25%
VLF 114,000 21,291 19%
Children in Motion 255,000 82,067 32%
Telecommunication
site leases 135,000 23,733 18%
Total 9,925,837 700,781 7%
By comparing the YTD prior year revenue to the
current YTD revenue we can see an overall decrease
in the first quarter revenue of 2%. As shown on the
following table:
1
Quarterlv Financial Reoort
Com arison of Actnal YTD Revenne to Prior YTD Revenne
Prope Tax -5%
Tri Ie Fli - Sales Tax 0%
Triple Flip - VLF 0%
Sales Tax 224,925 243,944 19,019 -8%
TOT 106,480 105,035 1,445 1%
Franchise Tax 38,383 36,134 2,249 6%
Buildin Permits 39,481 54,227 14,746 -27%
VLF 23,819 21,291 2,528 12%
Children in Motion 89,916 82,067 7,849 10%
Telecommunication site
leases 38,980 23,733 15,247 64%
Total 690,218 700,781 10,563 -2%
of 1st Qtr Current Year Bndget to Prior Year
Property Tax 3,980,660 3,584,110 396,550 11%
Triple Rip - Sales Tax 819,000 798,666 0 0"10
Triple Rip - VLF 1,072,600 1,026,511 0 0"10
Sales Tax 2,948,150 2,873,000 75,150 3%
TOT 461,000 391,400 69,600 18%
Franchise Tax 557,050 530,500 26,550 5%
Building Permts 228,533 217,660 10,883 5%
VLF 112,000 114,000 (2,000 -2%
Children in l\.Iotion 269,000 255,000 13,000 5%
T e1ecorrrrunication site
leases 164,700 135,000 29,700 22%
Total 10,611,693 9,925,837 619,433 6%
Property tax: The City receives the majority of its
property tax revenue in December and April. The
decrease in property tax from the prior year is due to a
decrease in property transfer tax, This tax is charged
when a property is sold. This decrease indicates a
decline in property sales,
. Triple flip - Sales tax: This revenue is received in
February and May.
o Triple flip - VLF: This revenue is received in
February and May.
o
. Sales Tax - Sales tax is lower than the prior year due
to a smaller clean-up payment received in September.
The Board of Equalization (BOE) computes the
monthly advances using a formula based on prior year
receipts and estimated growth. The BOE then
reconciles the actual receipts against the advances and
this results in the clean-up payment that the City
First Quarter of Fiscal Year 2006-07
o
receives in September. This payment is lower
for two reasons; (I) sales activity in April,
May and June decreased and (2) the calculation
used by the BOE to determine the monthly
advances were more accurate.
Building Permits - The decrease in building
permits is due to the pulling of permits for
larger projects in the prior year. S&S homes
obtained 14 single-family dwelling permits
and the Le Point mixed-use project was
permitted at that time.
Telecommunication site leases: The increase
in this revenue is due to the fact that only two
months of revenue were recorded in the
previous first quarter and the City has begun
receiving revenue from a new Cingular site
located on Ash Street. Staff is requesting an
increase of $24,000 in this line item for new
lease revenue.
o
Expenditures: Operating costs are on target for the
first uarter as summarized below:
Salaries and Benefits 10,822,177 2,648,088 24%
Supplies 254,650 42,778 17%
Services 1,050,541 286,009 27%
Other 0 eratin costs 1,465,551 316,847 22%
Ca ital urchases 384,258 76,894 20%
Total 13,977,177 3,370,615 24%
The key variances "by type" are supplies and capital
purchases. Supplies are down due to the diligence of
all departments to contain their expenditures. A
majority of capital purchases had not been made by
the end of the first quarter.
Departmental operating expenditures are also on
tar et as summarized b the followin :
598,600 134,376 22%
180,576 34,932 19%
185,250 47,659 26%
526,081 106,276 20%
MIS 245,182 52,271 21%
Communi Dev 594,384 145,558 24%
Police 5,606,039 1,396,670 25%
Fire 2,042,368 487,155 24%
Public Works 1,293,337 260,698 20%
Parks and Recreation 2,096,139 551,705 26%
Non-Departmental 609,221 153,315 25%
Total 13,977,177 3,370,615 24%
2
Quarterlv Financial Reoort
The main variance in departmental expenditures is in the City
Clerk Department; this decrease is due to the budgeting of
election costs that will be paid in January.
FIRST QUARTER ADJUSTMENTS
Council approved budget adjustments:
. Mav 9. 2006 - Council approved up to $15,000 for the
reimbursement to Lucia Mar Unified School District for
consultant services associated with processing the
Memorandum of Understanding (MOU) regarding the
extension of Castillo Del Mar. Staff has determined that
$5,000 can be funded from the existing budget.
Therefore, only $10,000 is being appropriated from the
General Fund.
. Julv 15. 1006 - Council approved the loan of
$830,000 from the In Lieu Affordable Housing
Fund to the Redevelopment Agency for the
purchase of property located on Faeh Street.
. AUl!ust 22. 2006 - Council appropriated $13,000 from
the General Fund for emergency repairs to Arroyo
Grande Fi~e Department Engine 6695.
. AUl!ust 29. 2006 - Council appropriated of $9,000 from
the General Fund for recruitment services for the
Director of Building and Fire position.
. SeDtember 12. 2006 - Council approved; (I) $3,217.50
appropriation for purchase of two rebuilt copier systems
from the General Fund and; (2) $2,000 from the General
Fund for additional cost of the User Fee study.
Requested budget adjustments:
. Non-Departmental - During the year-end process for
Fiscal Year 2005-06, it was discovered that the Streets
Fund expenditures were greater than the revenues. This
requires a transfer of $22,733 from the General Fund in
order to avoid a negative fund balance.
. Financial Services - Due to the recent IRS audit, it was
determined that staff required additional training in State
and Federal tax policies. This training is approximately
$1,400.
. Automotive Shop - Secondary containment testing of
the Corporation yard underground storage tanks revealed
that repairs are needed before the City can perform the
new State mandated enhanced leak detection (ELD)
testing. It is estimated that the repairs will cost $14,000
and the ELD testing will cost $15,000.
. Government Bnildings - A request for $2,000 due to
extensive repairs to the main sewer line for the Elm
Street Community Center.
First Quarter of Fiscal Year 2006-07
. Building and Life Safety - (I) An increase of
$2,900 due to increased costs related to the
incorporation of the Neighborhood Services
division into the Building and Life Safety
Department. (2) An increase of $19,000 in
contractual services account due to the amount
of plans that are sent out to other agencies for
plan checking.
. City Attorney-Litigation - Staff is requesting
an increase of $25,000 for miscellaneous
litigation costs for ongoing cases. The
original budget included $17,000 for litigation.
Currently, this line item is over budget by
$24,000.
. Police Department - the Police Department
is requesting that $11,600 currently budgeted
for night vision equipment be reallocated for
the purchase of bulletproof vests, hands free
radios and handguns. There is no budget
impact for this reallocation.
. Park Development Fund - $9,000 from the
Park Development Fund for turf repairs at the
Soto Sports Complex
. Park Improvement Fund - $7,000 for the
purchase of new safety netting at the Babe
Ruth baseball field.
. Streets Fund - (I) Increase of $980 for base
line evaluation/medical exam to determine if
employees are capable of wearing a respirator.
(2) Staff is requesting that $19,957 be moved
from the salaries full-time line item to
contractual services due to the fact that
staffing is being filled by contract employees.
. Traffic Congestion Fund - $37,000 of
additional Prop 42 funds received in FY 2005-
06 to be transferred to the Pavement
Management Program in the CIP fund.
. Water Fund - Increase of $41,900 for base
line evaluation/medical exam to determine if
employees are capable of wearing a respirator.
. Sewer Fund - (1) $280 for base line
evaluation/medical exam to determine if
employees are capable of wearing a respirator.
(2)'$10,000 increase due to new requirements
for discharge reporting to San Luis Obispo
County Sanitation District.
OTHER FUNDS
Sewer Fund: The Sewer Fund ended the 2005-06
Fiscal Year with a fund balance of $240, I 02. Two
budget amendments are proposed in the Sewer Fund
3
Quarterlv Financial Report
for a total of $10,280. The estimated ending fund balance for
the Sewer Fund is $207,515. This does not yet meet the City
Council's goal of 60 days of operating expenses plus $500,000
in part due to the carryover for the financing of the Fair Oaks
Avenue Sewer Upgrade of $120,060. However, it represents
steady progress toward accomplishing this goal.
Water Fund: The Water Fund reports a fund balance of
$1,982,328 at the end of Fiscal Year 2005-06. There is one
proposed budget adjustment for the Water fund in this report.
The budget request of $41,900 is for base line
evaluation/medical exam to determine if the employee is
capable of wearing a respirator. The report includes $70,300
in carryover appropriations for the Reservoir No. 6-
construction project and the Water Well No.7 rehabilitation.
The estimated ending fund balance in this fund is $1,887,505.
This will meet the City Council's goal of 60 days of operating
expenses plus $500,000. The cost of much needed capital
improvements has reduced this balance significantly. The rate
increase put into place in the last fiscal year was designed to
provide for budgeted capital improvements while maintaining
the current fund balance goals.
Water Facility Fund: The Water Facility Fund has a
beginning fund balance of $931,703. Currently, there is
$514,800 budgeted for capital improvement projects and
$423,989 in carryovers for ongoing projects. The estimated
fund balance for Fiscal Year 2006-07 is $105,214.
Redevelopment Agency Fund: The Redevelopment Agency
(RDA) fund has a negative beginning fund balance of
$2,726,572. The increase in the negative fund balance is due
to the purchase of the Le Point Street and Faeh Street
properties. The estimated ending fund balance is a negative
$2,712,110. The RDA is in the process of issuing bonds,
which will enable the Agency to repay its' debt and pursue
new projects. The bonds will be repaid using the RDA tax
increment.
First Quarter of Fiscal Year 2006-07
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