CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
City Council Agenda Addendum
Tuesday, March 7, 2023, 6:30 PM
Council Chamber 1000 Spring Street, Paso Robles
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Pages
K. PUBLIC HEARINGS
*2. Amendment to Road Maintenance Agreement Condition of Approval for PD 20-17 and CUP 21-21 (P20-0085)ABI Construction maintenance shop and office - 70 Nutwood Circle / APN: 009-851-016 Applicant/Owner – Andy Brown, ABI
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Darren Nash, City Planner
CEQA Determination: The City Council determined the project was Categorically Exempt from environmental review per Section 15332 (Infill) of the State’s Guidelines to Implement the California Environmental Quality Act (CEQA) as part of City Council Resolution 21-145.
Recommendation: The Planning Commission is recommending Option 1 - to remove Condition No. 16. From the project.
City Council Agenda Report
From: Darren Nash, City Planner
Subject: Amendment to Road Maintenance Agreement Condition of Approval for PD 20-17 and CUP 21-21 (P20-0085)
ABI Construction maintenance shop and office - 70 Nutwood Circle / APN: 009-851-016 Applicant/Owner – Andy Brown, ABI
CEQA Determination: The City Council determined the project was Categorically Exempt from environmental review per Section 15332 (Infill) of the State’s Guidelines to Implement the California Environmental Quality Act (CEQA) as part of City Council Resolution 21- 145.
Date: March 7, 2023
Facts
1. The ABI Maintenance shop and office project is located on a twoacre parcel on the north side of Nutwood Circle, west of Theatre Drive, at 70 Nutwood Circle, and consists of developing a new 6,200 square foot industrial building, including a maintenance shop and office. Accessory to the ABI building would be an outdoor area for parking of construction equipment and materials.
2. On October 5, 2021, the City Council approved Resolution 21-145, approving the planned development and conditional use permit for this project.
3. Nutwood Circle is a private street, that was created in the County with a 2002 Tract Map, and serves three commercial properties in the City and 21 residential lots in the County.
4. The previous owner of Nutwood Circle, Eugene Durand, had voluntarily maintained road in good condition since 2002.
5. Nutwood Circle is now owned by Craig Archer who also owns the commercial property on the Theatre Drive frontage.
6. There is not a road maintenance agreement or other mechanism to require the Nutwood property owners to share the cost of maintaining the road.
7. To ensure emergency access to the commercial properties, Nutwood Circle will require on-going maintenance.
8. Condition No. 16 of the Site Specific Conditions of Approval, requires the applicant work with the owner of the other two properties located on Nutwood Circle within City limits, to develop a road maintenance agreement for the portion of Nutwood Circle within City limits.
9. On behalf of Mr. Brown, Attorney Thomas J. Madden has provided a letter (Attachment 1) requesting the road maintenance agreement condition No. 16 be removed from the project, because the property owners have been unable to agree on the terms of the maintenance agreement.
10. The Planning Commission held a public hearing for the project on February 14, 2023, and on a vote of 4- 3, to recommended the City Council approve the applicants request to omit Condition #16 of Resolution 21-0145, requiring a shared maintenance agreement, based on the inability of the property owners to agree on the terms of the maintenance agreement.
Options
1. Approve the request to omit Condition No. 16 of the Site-Specific Conditions of Approval;
2. Amend or modify Option 1;
3. Establish an alternative deadline for the applicant to complete the Road Maintenance Agreement;
4. Deny the request and leave Condition 16 unchanged; or
5. Refer the item back to staff for additional analysis.
Analysis and Conclusions
Condition No. 16, or an alternative developed by the City Council, is necessary to ensure that the portion of Nutwood Circle gets maintained in relation to the development of the three commercial properties. Without proper maintenance, the street will deteriorate and may eventually hinder emergency access. The purpose of the road maintenance condition is to protect public safety and ensure orderly development of the Nutwood commercial lots. There are two additional Nutwood development plan applications in process that will include the same road maintenance condition. If the property owners don’t maintain the road, there is a future risk that the City would have to use public funds to address public safety issue on Nutwood.
San Luis Obispo County final tract map
The Condition of Approval requires the three property owners within City limits to be a party to the agreement, there is no requirement for the County residential properties to participate. The applicant’s attorney, Thomas J.
Madden, has submitted a letter explaining that despite Mr. Brown’s best efforts, it is not possible to reach an agreement on the provisions of the Road Maintenance Agreement. Furthermore, Mr. Madden states that construction of Mr. Brown’s project has stopped and cannot move forward with foundation work without relief from Condition No. 16.
Nutwood Circle looking west from Theatre Drive.
The Planning Commission on a 4-3 vote recommended that the City Council omit the condition so that Mr. Brown could get a building permit for his building.
The City Council may take in consideration Mr. Brown’s request to remove Condition No. 16, establish an alternative deadline or to keep the existing condition of approval to require executing the maintenance agreement prior to the issuance of a building permit.
Recommendation
The Planning Commission is recommending Option 1 - to remove Condition No. 16. From the project.
Attachments
1. Tom Madden Letter
2. Resolution 23-XXX(A)
3. Mail Affidavit
4. Legal Affidavit
5. Public Comment Letter – Coast Counties Peterbilt
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Attachment 2
Resolution A
RESOLUTION 23-XXX(A)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES
APPROVING THE REQUEST TO OMIT ROAD MAINTENANCE AGREEMENT CONDITION NO. 16 OF RESOLUTION 21-0145 FOR ABI INDUSTRIAL PLANNED DEVELOPMENT 20-07 AND CONDITIONAL USE PERMIT 21-21
70 NUTWOOD CIRCLE / APN: 009-851-016
Removal of ABI Road Maintenance Agreement Condition of Approval WHEREAS, the project site is located on a 2-acre parcel on the north side of Nutwood Circle, west of Theatre Drive, at 70 Nutwood Circle; and
WHEREAS, the project consists of developing the site with a new 6,200 square foot industrial building for ABI Construction that would include a maintenance shop and office. Accessory to the ABI building would be an outdoor area for parking of construction equipment and materials; and WHEREAS, the City Council, after getting recommendation from the Planning Commission, approved Resolution No. 21-0145 on October 5, 2021; and
WHEREAS, condition No. 16 of Resolution No. 21-0145 requires the applicant to work with the owner of APN 009-851-022 (proposed Peterbilt site) and APN 009-851-023 (proposed Ayres Mini-storage site), which are also located on Nutwood Circle within City limits, to develop a collective road maintenance agreement for the portion of Nutwood Circle within City limits; and
WHEREAS, on behalf of Mr. Brown, Attorney Thomas J. Madden has provided a letter requesting that condition No. 16 be removed from the project; and
WHEREAS, the Planning Commission held a public hearing for the project on February 14, 2023, and by a vote of 4-3 recommended the City Council approve the applicant’s request to omit Condition #16 of Resolution 21-0145, requiring a shared maintenance agreement, based on the inability of the property owners to agree on the terms of the maintenance agreement.
WHEREAS, a duly noticed public hearing was conducted by the City Council on March 7, 2023, to consider the facts as presented in the staff report prepared for this project, to take in consideration the Planning Commission’s recommendation, and to accept public testimony regarding this request to amend a condition of approval for PD 20-07 & CUP 21-21 (Res. 21-145); and
NOW, THEREFORE, the City Council of the City of El Paso de Robles does hereby approve the applicant’s request to omit Condition No. 16 of Resolution 21-0145, requiring a shared maintenance agreement, based on the inability of the property owners to agree on the terms of the maintenance agreement.
Attachment 2
Approved this 7th day of March 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Steve Martin
ATTEST:
Melissa Boyer, City Clerk
CITY OF EL PASO DE ROBLES
“The Pass of the Oaks”
1000 SPRING STREET • PASO ROBLES, CALIFORNIA 93446 • www.prcity.com
AFFIDAVIT
OF MAIL NOTICES
PLANNING COMMISSION NOTICING
I, Marci Reynoso , employee of the City of El Paso de Robles, California, do hereby certify that the mail notices have been processed as required for the March 7, 2023 public hearing for P20-0085 on this 21st day of February, 2023.
City of El Paso de Robles
Community Development Department
Planning Division
Signed:
Marci Reynoso
Attachment 3
AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth 18693 386476 Print Legal Ad-IPL01108980 - IPL0110898 Marci R. $217.26 2 50 L Attention: Vikki Kuntz
City of Paso Robles 893989
1000 SPRING ST.
PASO ROBLES, CA 93446
In The Superior Court of The State of California
In and for the County of San Luis Obispo
1 insertion(s) published on:
02/24/23
Legals Clerk
STATE OF TEXAS)
SS
County of Dallas)
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above entitled matter; I am now, and at all times embraced in the publication herein mentioned
was, the principal clerk of the printers and publishers of The Tribune, a newspaper of general Circulation,
printed and published daily at the City of San Luis
Obispo in the above named county and state; that
notice at which the annexed clippings is a true copy, was published in the above-named newspaper and not in
any supplement thereof - on the following dates to wit; From 02/24/2023 To 02/24/2023 that said newspaper was
duly and regularly ascertained and established a
newspaper of general circulation by Decree entered in
the Superior Court of San Luis Obispo County, State of
California, on June 9, 1952, Case #19139 under the Gover I certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Notary Public in and for the state of Texas, residing in Dallas County
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!
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