Sand City City Council
February 18, 2025

Financial statement disclosures
Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. There were no particularly sensitive financial statement disclosures.

The financial statement disclosures are neutral, consistent, and clear.

Significant unusual transactions
We identified no significant unusual transactions.

Difficulties encountered in performing the audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.

Uncorrected misstatements
Professional standards require us to accumulate all misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management.

Management did not identify and we did not notify them of any uncorrected financial statement misstatements.

Corrected misstatements
The following material misstatements detected as a result of audit procedures were corrected by management:
 Increase to unavailable revenue and decrease to revenues in the general fund of $961,000 for amounts received after the City’s period of availability that had been incorrectly recognized as revenue.

Disagreements with management
For purposes of this communication, a disagreement with management is a disagreement on a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditors’ report. No such disagreements arose during our audit.

Management representations
We have requested certain representations from management that are included in the management representation letter dated December 21, 2024.

Management consultations with other independent accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the entity’s financial statements or a determination of the type of auditors’ opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. 202
Honorable Mayor and City Council Members
City of Sand City

Significant issues discussed with management prior to engagement We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to engagement as the entity’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our engagement.

Required supplementary information
With respect to the required supplementary information (RSI) accompanying the financial statements, we made certain inquiries of management about the methods of preparing the RSI, including whether the RSI has been measured and presented in accordance with prescribed guidelines, whether the methods of measurement and preparation have been changed from the prior period and the reasons for any such changes, and whether there were any significant assumptions or interpretations underlying the measurement or presentation of the RSI. We compared the RSI for consistency with management’s responses to the foregoing inquiries, the basic financial statements, and other knowledge obtained during the audit of the basic financial statements. Because these limited procedures do not provide sufficient evidence, we did not express an opinion or provide any assurance on the RSI.

Other information included in annual reports
Other information (financial or nonfinancial information other than the financial statements and our auditors’ report thereon) is being included in your annual report and is comprised of the members of city council and staff schedule. Our responsibility for other information included in your annual report does not extend beyond the financial information identified in our opinion on the financial statements. We have no responsibility for determining whether such other information is properly stated and do not have an obligation to perform any procedures to corroborate other information contained in your annual report.

We are required by professional standards to read the other information included in your annual report and consider whether a material inconsistency exists between the other information and the financial statements because the credibility of the financial statements and our auditors’ report thereon may be undermined by material inconsistencies between the audited financial statements and other information.

If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. Our auditors’ report on the financial statements includes a separate section, “Other Information,” which states we do not express an opinion or any form of assurance on the other information included in the annual report. We did not identify any material inconsistencies between the other information and the audited financial statements. * * *
This communication is intended solely for the information and use of the City Council and management of City of Sand City and is not intended to be, and should not be, used by anyone other than these specified parties.

CliftonLarsonAllen LLP
Roseville, California
December 21, 2024
203

AGENDA ITEM
8B.

Approve a Resolution Denying Phase I
(Truck and Equipment Storage) of
Conditional Use Permit (CUP 23-007) at
725 Dias Avenue and Approve a
Resolution Approving a Conditional Use
Permit (CUP 23-007) and Site Plan for a
Food Truck Park and community event
space ("The Yard") at 725 Dias Avenue
204
City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Esme Wahl, Contract City Associate Planner
SUBJECT: Application for a Conditional Use Permit (CUP23-007) for Truck Storage (Phase I) and a Food Truck Park and Community Event Space (Phase II) on property located at 725 Dias Avenue (APN 011-192-003)
Applicant: Jeanne Colletto
DATE: January 21, 2025
DATE: February 18, 2025 (Revised)
_______________________________________________________________________

RECOMMENDATION
A. Staff recommends the City Council adopt a Resolution, attached as Attachment 1, to:

1. Determine that CEQA does not apply to projects which are rejected or disapproved, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b)(4) and 15270 (a); and

2. Deny the subject Conditional Use Permit – Phase 1 of CUP 23-007 for a Truck and Equipment Storage Yard (Corporation Yard), based on Findings contained in Exhibit A of Attachment 1 - Findings for Denial.

B. Staff recommends the City Council adopt a Resolution, attached as Attachment 2, to:

1. Determine that the subject project is exempt from CEQA (Categorical Exemption Class 1, CEQA Guidelines §15332, In-Fill Development Projects); and

2. Approve the subject Conditional Use Permit - Phase II of CUP 23-007 for a food truck park and related site improvements and activities, based on findings in Exhibit A and subject to conditions of approval in Exhibit B of Attachment 2. 205
City Council February 18, 2025
CUP 23-007
2 BACKGROUND
An application was submitted by Jeanne Colletto for a Conditional Use Permit (CUP 23- 007) to utilize an approximately 6,700 square foot fenced, unimproved lot at 725 Dias Avenue (APN 011-192-003) as a truck and equipment storage yard (Phase I), for a period of two years, and thereafter as a food truck court and community event space Phase II.

The applicant’s letter of intent for the truck and equipment storage aspect of the Conditional Use Permit was submitted on September 9, 2024.

On January 21, 2025, the City Council conducted a public hearing to consider the following Phases I and II of the proposed project:
 Phase I: Truck and equipment storage; and
 Phase II: Food Truck Park and community event space.

On that date, the City Council considered the staff report, including an analysis of the consistency of both Phases I and II with the General Plan and Vibrancy Plan. The City Council also considered public testimony and then closed the public hearing. On the basis of that review, the City Council continued consideration of the Conditional Use Permit to the meeting of February 18, 2025 and directed staff to return on that date with:
 A revised resolution (Attachment 1) for Denial of Phase I (Corporation yard – single user truck and equipment storage) with necessary findings; and  A revised resolution (Attachment 2) for Approval of Phase II (Food Truck Park) with necessary findings and conditions.

Conditional Use Permit
Under SCMC Section 18.13.040(J) a Conditional Use Permit is required for a food truck court and community event space in the MU-P Zoning District. Findings and related conditions of approval are included as Exhibits to Attachment 1, the City’s Resolution for approval of Conditional Use Permit 23-007, and the Site Plan (attached).

FISCAL IMPACT:

There is no additional fiscal impact associated with this approval. The cost associated with the Conditional Use Permit, is the staff time already spent to bring this application to the City Council for its consideration.

CALIFORNIA ENVIRONMENTAL EQUALITY ACT (CEQA):

The intended use of the subject property qualifies for a categorical exemption, under California Environmental Quality Act (CEQA) guidelines section 15332, In-Fill Development Projects, consisting of uses consistent with the general plan and applicable 206
City Council February 18, 2025
CUP 23-007
3 zoning designation, on a parcel within city limits on a project site of no more than five acres surrounded by urban uses, and with no value as habitat for endangered, rare or threatened species.

ATTACHMENTS:

1. Attachment 1 Resolution for Denial (Phase I Truck and Equipment Storage) Exhibit A Findings for Denial

2. Attachment 2 Resolution for Approval (Phase II Food Truck Park and Community Event Space)
Exhibit A Findings for Approval
Exhibit B Conditions of Approval

3. The following Exhibits are included as information:

Exhibit 1: Location Map
Exhibit 2: Aerial Map
Exhibit 3: Site Photos
Exhibit 4: Site Plan
Exhibit 5: Letter of Intent
Exhibit 6: Hazardous Materials Questionnaire
207
Attachment 1

RESOLUTION OF THE CITY COUNCIL OF

SAND CITY DENYING PHASE I (TRUCK

AND EQUIPMENT STORAGE) OF
CONDITIONAL USE PERMIT (CUP 23-007)
AT 725 DIAS AVENUE
208
ATTACHMENT 1

CITY OF SAND CITY
RESOLUTION SC ___, 2025

RESOLUTION OF THE CITY COUNCIL OF SAND CITY DENYING PHASE I (TRUCK AND EQUIPMENT STORAGE) OF CONDITIONAL USE PERMIT (CUP 23-007) AT 725

DIAS AVENUE
WHEREAS, Jeanne Colletto (the “Applicant”) submitted an application to the City of Sand City (the “City”) for a Conditional Use Permit and Site Plan approval to utilize the Subject Property as a corporation yard for a hauling business for a time period of two (2) years (Phase I) and after a period of two (2) years to establish and operate a food truck park and community event space consisting of up to four (4) food trucks, four (4) pop-up shops, a stage, and 31 seats (Phase II) (“the Yard”) within the approximately 6,700 square foot existing vacant lot at 725 Dias Avenue (APN 011-192-003); and WHEREAS, the City Council, considered Phase I (Truck and Equipment Storage) of the proposed Conditional Use Permit (CUP 23-007), as described in the January 21, 2025 City Council staff report, related attachments and public testimony during a duly noticed Public Hearing before the City Council on January 21, 2025; and WHEREAS, the City Council, considered the above requested use, public testimony, the evidence presented at the above referenced public hearing, and determined that Phase I (Truck and Equipment Storage) of the proposed project is inconsistent with policies of the General Plan and the Vibrancy Plan; and
WHEREAS, in accordance with California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(4) and 15270(a), the City Council acknowledges that CEQA does not apply to projects which are rejected or disapproved. Although the City Council considered potential environmental and health and safety concerns during their review of the Conditional Use Permit application, CEQA does not apply to the Phase I (Truck and Equipment Storage) of the subject Conditional Use Permit.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby DENY Phase l (Truck and Equipment Storage) of the Conditional Use Permit CUP23-007 based on the Findings in Exhibit A attached hereto and incorporated herein by reference.

PASSED AND ADOPTED by the City Council of the City of Sand City this 18th day of February, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Mary Ann Carbone, Mayor
ATTEST:

DATED: _________________
__________________________
Kerry Lindstrom, City Clerk
5912361.1
209
1 EXHIBIT A

CITY OF SAND CITY
CONDITIONAL USE PERMIT CUP23-007 FINDINGS FOR DENIAL

PHASE I TRUCK AND EQUIPMENT STORAGE
Project Name: Conditional Use Permit (CUP23-007) for temporary Truck Storage (Phase I) and a Food Truck Park and Community Event Space (Phase II) (“the Yard”)
Address: 725 Dias Avenue, Sand City, CA
Hearing Date: January 21, 2025
Continued
Hearing Date: February 18, 2025
Findings for Denial of Phase I (only) (Truck and Equipment Storage):

The City Council finds that:

1. Finding: In accordance with California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(4) and 15270(a), the City Council, in considering Phase 1 of the proposed project, acknowledges that CEQA does not apply to projects which are rejected or disapproved. Although the City Council considered potential environmental and health and safety related concerns (e.g. noise, dust, lack of public infrastructure) during their review of the project application, CEQA does not apply to the Phase I (Truck and Equipment Storage) of the subject Conditional Use Permit.

2. Finding: The proposed Phase I use, for improvement and use of the subject property as a corporation yard for the storage of four (4) trucks, six (6) employee vehicles, and a shipping container for a hauling business for a period of two years (until January 21, 2027) is inconsistent with the policy direction of the General Plan, Vibrancy Plan, and the requirements and the intent of the City’s Zoning Ordinance.

Under the circumstances of the particular case, the proposed project will be detrimental to the public welfare of the community as follows:
a. The proposed project, is inconsistent with the MU – D designation of the General Plan and the Vibrancy Plan. In particular, the proposed Phase I Truck and Equipment Storage project is inconsistent with the General Plan Goal 2.1 and which encourages new land uses that provide goods and services to the community in a manner that would further the Goals and Objectives of the Vibrancy Plan, including restaurants. The proposed use is inconsistent with General Plan Policy 2.1.2 which prohibits any new self-storage or purely 210
2 warehouse uses. The proposed use does not provide goods or services to the community on the subject property and is similar in nature to the referenced prohibited uses.
b. The project would not further transformation of the Old Town District to a compatible and complementary mix of commercial and residential land uses, and it would not contribute to the desired diversity of activities that would include artisans, markets, restaurants, entertainment and incubator industries. The proposed Phase I Truck and Equipment Storage project does not incorporate sufficient site or streetscape improvements with the required high degree of beautification that would further goals of the General Plan for this area. The sole activity of the site is that trucks would be parked and equipment stored overnight.

Activity is limited to employee parking on the site during the day and trucks leaving the site in the morning and entering the site in the evening. (General Plan Goal 2.1, Policy 2.1.1).
d. The proposed project is inconsistent with Vibrancy Plan recommendations for commercial development in the area that would support transformation of the warehousing/manufacturing/commercial – service orientation of the core planning area to one oriented to retail and visitor- serving uses.

In particular, the proposed Phase I Truck and Equipment Storage would impede and impair implementation of Vibrancy Plan tools LU-1d, LU-1h and ED-1 by not fostering “the greatest concentration of retail uses, restaurants, brew pubs, artists’ studios, and entertainment venues…” Vibrancy Plan tool LU-1a, states, “It is anticipated that a transition away from these uses would occur over time as existing businesses elect to re-locate. Ideally, these uses could be re-located within the Vibrancy Area but outside the core area. Most such businesses are well-established at their locations, and transition is likely to be a long-term process.”
The proposed Phase l use would impede, rather than facilitate, the process of transition of the planning area to small - scale retail, entertainment and visitorserving businesses due to the negligible improvements proposed, the characteristics of the proposed use including noise, dust, lack of public infrastructure, hauling truck traffic on adjacent streets, inadequate facilities for required ingress and egress, inadequate visual screening, substandard parking area surfacing and the undetermined characteristics of hauled material. e. The proposed Phase I Truck and Equipment Storage use is inconsistent with the Purpose of MU-P Planned Mixed Use District to achieve land use compatibility among uses that “maintain and enhance economic viability for manufacturers, artisans and artists in the district”, and to create “a more lively area of town” for employees, residents and visitors of the area. Proposed site improvements and the characteristics of the proposed use principally as a storage yard for trucks and equipment are inherently contrary to this purpose.
211
3 Evidence: The applicant’s letter of intent dated September 12, 2023, City review of adopted plans and Zoning Ordinance regulations, the staff report dated January 21, 2025 describing the characteristics of the proposed Truck and Equipment Storage; the record of City Council deliberations dated January 21, 2025.
5913918.1
212
Attachment 2
Resolution of the City Council
Of Sand City Approving
Conditional Use Permit (CUP 23-007) And
Site Plan For A Food Truck Park And
Community Event Space (“the Yard”) at
725 Diaz Avenue
213
ATTACHMNENT 2

CITY OF SAND CITY
RESOLUTION SC ___, 2025

RESOLUTION OF THE CITY COUNCIL OF SAND CITY APPROVING A CONDITIONAL USE PERMIT (CUP 23-007) AND SITE PLAN FOR A FOOD TRUCK PARK AND COMMUNITY EVENT SPACE (“THE YARD”) AT 725 DIAS AVENUE WHEREAS, Jeanne Colletto (the “Applicant”) submitted an application to the City of Sand City (the “City”) for a Conditional Use Permit and Site Plan approval to utilize the Subject Property as a corporation yard for a hauling business for a time period of two (2) years (Phase I) and after a period of two (2) years to establish and operate a food truck park and community event space consisting of up to four (4) food trucks, four (4) pop-up shops, a stage, and 31 seats (Phase II) (“the Yard”), both Phases I and II located within the approximately 6,700 square foot fenced and vacant lot at 725 Dias Avenue (also fronting the 700 block of California Avenue, APN 011-192-003) (the “Subject Property”), (the “Applicant’s Use”); and
WHEREAS, the City Council has determined that Phase I of the proposed Conditional Use Permit CUP 23-007 (Truck and Equipment Storage Yard), as described in the January 21, 2025 City Council staff report, related attachments and public testimony before the City Council on January 21, 2025, is inconsistent with policies of the General Plan and the Vibrancy Plan and has denied this use of the property as recommended in staff report dated February 18, 2025 and set forth in Attachment 1 (Resolution Denying Phase I, truck and equipment storage use), of the staff report dated February 18, 2025; and WHEREAS, the City Council has determined that Phase II of the proposed Conditional Use Permit (food truck park), as described in the January 21, 2025 staff report and related attachments and in public testimony before the City Council on January 21, 2025, is consistent with policies of the General Plan and the Vibrancy Plan and has directed staff to bring back a resolution for approval this use of the property as recommended in the staff report dated February 18, 2025 and as set forth herein.

Applicant’s Use of the subject property for a food truck park and community event space, at the scale and intensity described in the application and in the staff report dated January 21, 2025 and, with some modifications to the appropriate conditions of approval included, is consistent with General Plan Policy 2.1.1 and Municipal Code section 18.13.040.P for the non-coastal “Planned Mixed-Use” (MUP) zoning designation of the Subject Property and compatible with neighboring properties and uses; and WHEREAS, pursuant to AB 2097 the project is not required to comply with City parking requirements; however, the project is required to meet ADA parking requirements; and WHEREAS, the Applicant’s proposed use is subject to Municipal Code section 8.04 (Loud Noises) and is prohibited from generating excessive noise, vibration, odors, and/or pose a general nuisance to neighboring properties or the tenants therein; and WHEREAS, the Applicant is required to obtain all necessary approvals for water, sewer, gas and electric from Monterey Peninsula Water Management District, Seaside County Sanitation District, and Pacific Gas and Electric prior to issuance of building permits; and 214
WHEREAS, if it is determined by the Monterey Peninsula Water Management District that the on-site water credit is insufficient for the Applicant’s Use, the Applicant will be required to receive a water allocation from the City prior to issuance of building permits; WHEREAS, the type and scale of operation of the food truck park proposed by the Applicant are considered compatible with a mixed-use community and is not anticipated, as conditioned, to impose negative impacts or blighting influence upon the surrounding units and properties; and
WHEREAS, the Applicant’s proposed use within an urban lot qualifies for a Categorical Exemption under CEQA (California Environmental Quality Act) Guidelines, Section 15332 (Infill Development); and
WHEREAS, the City Council of the City of Sand City has reviewed and wishes to adopt the findings and conditions for approval of a food truck park and community event space, Conditional Use Permit CUP23-007, as supported by the City staff report dated January 21, 2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby APPROVE Phase II (Food Truck Park and Community Event Space) of Conditional Use Permit CUP23-007 and approve the Site Plan, based on the Findings of Approval in Exhibit A and subject to Conditions of Approval in Exhibit B, which are attached hereto and incorporated herein by reference.

PASSED AND ADOPTED by the City Council of the City of Sand City this 18th day of February, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:

DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
5915698.1
215
Exhibit A
CUP 23-007 Findings For Approval
1 EXHIBIT A

CITY OF SAND CITY
CONDITIONAL USE PERMIT CUP23-007 FINDINGS FOR APPROVAL

PHASE II FOOD TRUCK PARK
Project Name: Conditional Use Permit (CUP23-007) for a Food Truck Park and Community Event Space (Phase II) (“the Yard”)
Address: 725 Dias Avenue, Sand City, CA
Hearing Date: January 21, 2025
Continued
Hearing Date: February 18, 2025
Findings for Approval:

The City Council finds that:

1. Finding: The proposed project is exempt from the requirements of the California Environmental Quality Act. The intended use on this property qualifies for a categorical exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15332, Class 32, Infill Development.

Evidence: The staff report dated January 21, 2025, related exhibits and public testimony. The proposed project is fully surrounded by urban uses and the subject property has no value as habitat for endangered species. The proposed project, as conditioned, is consistent with applicable General Plan policies and zoning regulations.

2. Finding: The proposed use, which allows for the establishment of a food truck park and community event space, including up to four (4) food trucks, four (4) pop-up shops, restrooms and hand wash stations, 31 seats, a bike rack, firepits, a water storage tank, two (2) foot tall retaining wall, a stage and assembly area, and play structure, conforms to the policy direction of the General Plan.

Evidence: The proposed project, as defined in the Applicant’s letter of intent, the staff report, and as conditioned, is consistent with the MU – D designation of the General Plan and the Vibrancy Plan. Use of the subject property as a food truck court and community event space is consistent with General Plan Goal 2.1 and Policies 2.1.1 and 2.1.2 which encourage new land uses that provide goods and 216
Exhibit A
CUP 23-007 Findings For Approval
2 services to the community, including restaurants and is consistent with Vibrancy Plan LU-1e which encourages establishment of locations for use by food trucks;

3. Finding: The proposed Phase II Food Truck Park and Community Event Space use is consistent with the purpose and regulations of the Planned Mixed Use (MU-P) District to achieve land use compatibility among uses that maintain and enhance economic viability for Sand City to create a livelier town center for employees, residents and visitors of the area.

Evidence: The establishment of a food truck court and community event space with the intended use types as described in CUP24-077 and on the Site Plan is allowed under the MU-P zoning regulations (SCMC 18.13.040.P) with an approved Conditional Use Permit. The proposed project complies with the zoning regulations and purpose of the Planned Mixed Use (MU-P) outlined in Sand City Municipal Code Chapter 18.13 (MU-P), including, but not limited to, height, setbacks, and allowable area.

The intended use type for the subject property is compatible with the surrounding land uses also within the Planned Mixed-Use (MU-P) Zoning District. The property is predominantly surrounded by light industrial and commercial uses. The nearest residence is across the street on Dias Avenue, less than 100-feet away. Adjacent to the east, the property is owned by the same property owner and approved by the City Council, on January 21, 2025, for a Conditional Use Permit to allow a coffee roastery. Adjacent to the west of the subject property is a commercial building.

4. Finding: Any additional conditions stipulated by the City Council as deemed necessary in the public interest will be met:

Evidence: As conditioned, the project complies with parking requirements, requirements for commercial driveways, requirements for trash enclosures, and landscaping.

5. Finding: Such use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the public welfare of the community:

Evidence: Prior to issuance of building permits, the Applicant must obtain utility connections, including water, electricity, gas, and sewer; Evidence: Water allocation to accommodate the proposed use will require City Council approval (Condition #13);
217
Exhibit A
CUP 23-007 Findings For Approval
3 Evidence: Trash receptacles will be screened by a fully roofed and covered trash enclosure with a connection to the sanitary sewer;
Evidence: The Applicant’s Use is not anticipated to pose an impediment of traffic flow;
Evidence: The subject property must comply with Sand City Municipal Code 8.04 (Loud Noises) and events and food service is not allowed past 9:00 PM; and Evidence: Special events that do not fall into the hours of operation or exceed 100 attendees will be required to obtain a special event permit. 218

EXHIBIT B

CITY OF SAND CITY
CONDITIONAL USE PERMIT CUP23-007 CONDITIONS OF APPROVAL Project Name: Conditional Use Permit (CUP23-007) for a Food Truck Park and Community Event Space (Phase II) (“the Yard”)
Address: 725 Dias Avenue, Sand City, CA
Hearing Date: February 18, 2025
Conditions of Approval:

A. Permit Terms:

1. Purpose: The Use Permit (CUP23-007) allows for the establishment of a food truck park and community event space, including up to four (4) food trucks, four (4) pop-up shops, restrooms and hand wash stations, 31 seats, a bike rack, firepits, a water storage tank, two (2) foot tall retaining wall, a stage and assembly area, and play structure. There shall be no expansion to the scope or intensity of the Applicant’s Use beyond that as authorized by CUP23-007 and the Site Plan approval without either an amendment of said Permit or the issuance of a new land use entitlement permit.

2. Validity: Conditional Use Permit CUP23-007, is not valid, and project use(s) shall not commence, until two (2) copies of this Resolution/Permit, signed by the permittee and landowner, acknowledging receipt of the Resolution/Permit and acceptance of the terms and conditions, are returned to the City's Planning Department. Failure of the applicant to return the two (2) copies of the signed Resolution/Permit within thirty (30) days from the date of City Council approval shall cause said Conditional Use Permit to become null and void unless good cause to grant an extension is approved by the City Manager.

3. Violation: If the City determines any term, condition, and/or requirements of Conditional Use Permit CUP23-007 has been violated, written notice shall be issued to the property owner, that if such violation is not corrected or removed within a specified time, a public hearing may then be scheduled where the City Council may consider amending or revoking the Conditional Use Permit CUP23-007 and may then order said Permits amended or revoked. The Applicant and owner of the Subject Property shall be notified 219

EXHIBIT B
CUP23-007 CONDITIONS OF APPROVAL
2 of any such public hearing, and provided an opportunity to address the City Council prior to any action by the City Council to terminate CUP23-007.

4. Indemnification: The property owner agrees, as a condition of the approval of this discretionary development permit, to defend with counsel approved by the City, indemnify, and hold harmless the City of Sand City, its agents, officers, and employees from any legal claims or actions that seek to challenge, void, or annul the permit approval, as outlined in applicable laws. The property owner will reimburse the City for any court costs and attorney's fees the City is required to pay as a result of such actions.

B. Conditional Use Permit Special Conditions:

5. Revised Site Plan: A revised and final Site Plan shall be submitted within two (2) years of approval of this permit and include all permit conditions and requirements, to be approved by the City Planner and City Manager.

6. Property Maintenance: The site shall be maintained in a clean, orderly, weed-free, and litter-free condition. The property owner shall be responsible for maintenance and upkeep of the entire property.

7. Fencing: Prior to final occupancy approval, the Applicant shall remove and replace any deteriorated fencing and implement the proposed landscape plan.

8. Hours of Operation: Operation of the Subject Property for the Applicant’s Use shall only occur between the hours of 7:00 a.m. to 9:00 p.m. daily. A Special Event Permit shall be obtained for events that would occur past 9:00 pm or expect more than 100 attendees.

9. Sale of Alcohol: This permit shall constitute the local zoning permit only for ABC permits types limited to on-site sale of beer and wine (with minors allowed) such as Type 41 On – Sale Beer and Wine – Eating Place or Type 47 On Sale General – Eating Place or other type qualified pursuant to ABC regulations.
220

EXHIBIT B
CUP23-007 CONDITIONS OF APPROVAL
3 10.On-Site Parking: One (1) ADA van accessible space shall be provided on the Subject Property.

11.Noise: The Subject Property shall comply with Sand City Municipal Code

8.04 (Loud Noises). There shall be no noise or activity that disturbs the peace and quiet of neighboring businesses or residents. In the event of a complaint regarding activities on the property, the property owner and/or onsite manager shall respond within thirty (30) minutes from time of notification of any issue to address concerns/complaints pertaining, but not limited to, disorderly or unlawful conduct on the subject property, overcrowding, or unreasonable noise or other requirements or limits specified in the Sand City Municipal Code, the City’s administrative policies or procedures, or other governing law.

12.Loading/Unloading: Deliveries/shipments and/or loading/unloading activities of inventory and/or products related to the Applicant’s operation at the subject property shall not impede public vehicular circulation on City streets. All deliveries/shipments and loading/unloading of items associated with the Applicant’s Use shall only occur on-site and between the hours of 8AM and 5PM.

13.Refuse storage & pickup: Trash, litter, boxes, crates, debris, or other used and/or discarded materials generated by the Applicant’s Use shall be stored within the appropriate waste collection receptacle(s). All outdoor waste receptables/bins shall be contained within sight-obscuring enclosures. Plans for trash or material enclosures shall be reviewed and approved by the City Manager or designee and installed prior to final occupancy approval.

14.Signs: Any sign anywhere on the Subject Property, identifying the Applicant’s business and/or Use, shall be reviewed and approved, in the issuance of a sign permit by the Sand City Design Review Committee (DRC) prior to establishment of any such sign on the Subject Property. The Applicant shall not place any free-standing sign anywhere within City limits without approval.
221

EXHIBIT B
CUP23-007 CONDITIONS OF APPROVAL
4 15.Hazardous Material: No hazardous materials will be stored or used on-site.

16.Restrooms: A minimum of two fully ADA accessible restrooms with flush toilets and handwashing facilities are required on-site.

17.Circulation: A fully accessible path of travel between all entrances and exits shall be required. The path of travel shall be ADA compliant and the path material shall be subject to City review and approval.

18.Air District: The Applicant shall be responsible for complying with applicable rules and regulations of the Monterey Bay Air Resources District. Failure to comply shall be sufficient grounds for City termination of CUP23-007.

19.Landscaping: Landscaping must conform to the plans dated November 2024 and to the revised plans as required by condition B7.

20.Irrigation: Applicant is required to maintain landscaping in good, healthy condition.

C. Building Department:

21.Building and Fire Code: The Applicant shall comply with all applicable Building and Fire code requirements. Building permits will need to be acquired for all construction related activities, including construction of restrooms, stage, and trash enclosures, subject to approval of the City Building Official.

22.Trash Enclosure: The trash enclosure shall be fully roofed and covered with a sanitary sewer connection. A fire sprinkler shall be installed within the trash enclosure. Trash dumpsters shall be sited in a location with sufficient access for pick-up, subject to review and approval of the Building Official. Except on a designated trash collection day, said waste receptacle(s) shall be screened and/or enclosed from public view. The property owner shall be responsible for arranging and providing waste 222

EXHIBIT B
CUP23-007 CONDITIONS OF APPROVAL
5 hauler access for standard pick-up services, subject to review and approval of the City Building Official.

23.Electric and Gas: Prior to issuance of building permits, the Applicant shall be required to install electrical and gas services as needed for the project.

24.Lighting: A lighting plan shall be submitted for approval by the Planning Department to indicate the type and location of exterior lighting and to provide a code compliant exit path of travel.

25.Retaining Walls: If required for the Project, retaining walls greater than four (4) feet in height from bottom of footing to top of wall shall be structurally engineered and shall require a building permit. Retaining walls shall be located on-site and entirely within the property. Retaining walls shall be reviewed and approved by the City Building Official.

D. City Engineer:

26.Public Improvements: Public improvements required for the project shall be designed and installed by the Applicant in accordance with City standards and requirements, and to the satisfaction of the City Engineer. All public improvements shall be shown on public improvement plans and shall be designed by a California licensed professional civil engineer. a. Driveways: The existing driveway on California Avenue does not meet the City standard for a commercial driveway. The Applicant shall install a new driveway on California Ave. and on Dias Ave. to serve the use. All driveways shall be installed per City standards and requirements prior to commencement or any operation of the proposed food truck park use. b. Utility Improvement Plans: Before operation of the Food Truck Yard may begin, the applicant shall install any utilities that are required for the Project. The Applicant shall submit a Utility Improvement Plan showing how utilities will serve the property. The Utility Improvement Plans shall identify all utilities and connections required for the Project, including but not limited to storm drainage, sanitary sewer, water, electric, gas, 223

EXHIBIT B
CUP23-007 CONDITIONS OF APPROVAL
6 telephone, cable, and associated infrastructure. Any trenching of street asphalt pavement and/or concrete for utility connections shall require an Encroachment Permit and shall be replaced per City standards and requirements.
c. Encroachment Permits: An encroachment permit shall be required for any work within public rights-of-way and/or easements. An encroachment permit shall be issued based upon final, approved public improvement plans and an engineer’s estimate for the work to be performed. The Applicant shall submit an encroachment permit application to the City and shall pay all fees associated with the processing and review of the permit. All encroachment permits shall be subject to review and approval by the City Engineer. d. Coordination of Plans: All public and site improvement plans (architectural, civil, electrical, landscaping, etc.) shall be fully coordinated with each other to ensure that the improvements may be constructed safely and without conflict with one another.

27.Stormwater Management: The project shall comply with applicable requirements of Sand City Municipal Code (SCMC) 13.05 Stormwater Management and the City’s Phase 2 National Pollutant Discharge Elimination System (NPDES) General Permit, including the Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region (PCRs).
a. Water Runoff: The Applicant and/or the Use, and the employees and patrons thereof, shall not create water run-off within the City in accordance with Chapter 13.05 of the Sand City Municipal Code regarding Storm Water Management. The Applicant is prohibited from washing dust, debris, or particulate into the street, storm drain, and/or sewer system. There shall be no washing of vehicles on the Subject Property or within any public right-ofway in Sand City. b. Determination: The Applicant shall complete a Stormwater Compliance Tracking Form or similar documentation for review by the City Engineer, to determine whether the Project is subject to these requirements. 224

EXHIBIT B
CUP23-007 CONDITIONS OF APPROVAL
7 c. Stormwater Control Plan (SWCP) : If applicable, the Applicant shall prepare and submit a Stormwater Control Plan (SWCP) for the Project demonstrating compliance with the PCRs. The SWCP shall be prepared by a California licensed professional civil engineer. The SWCP shall be prepared in accordance with the latest adopted Stormwater Technical Guide (STG) and templates.
d. Agreement Regarding Maintenance and Right of Entry for Stormwater Control Measures: If determined that the Project is subject to the PCRs and structural Stormwater Control Measures (SCMs) are required, the Applicant shall enter into a written agreement with the City to provide for the long-term operation and maintenances of all SCMs. This agreement shall provide for ongoing maintenance and verification of maintenance by the Owner and any successors in interest, among other provisions. This agreement shall be based on the City’s latest adopted template and shall be prepared per City requirements. A fully executed copy of this Agreement shall be required prior to use of the site.
e. Operation and Maintenance Plan (OMP): If determined that the Project is subject to the PCRs and structural SCMs are required, the Applicant shall prepare and submit an OMP that establishes, identifies, directs, and records the operation and maintenance of all Project SCMs. The OMP shall be prepared by the project civil engineer in accordance with City requirements and the City’s latest adopted Stormwater Technical Guide (STG) and templates.
f. Certification of SCMs: If determined that the Project is subject to the PCRs and SCMs are required, the Applicant shall provide written certification by a California licensed professional civil engineer that all Project SCMs were constructed in accordance with the Project’s approved improvement plans and SWCP. The certification shall meet City requirements and shall be signed and stamped by a California licensed civil engineer. The certification shall be provided to the City prior to the issuance of any certificate of occupancy for the Project.
225

EXHIBIT B
CUP23-007 CONDITIONS OF APPROVAL
8 g. Best Management Practices (BMPs) : During all phases of construction and/or land disturbance activities, the Project shall implement site-specific BMPs to protect water quality and prevent storm water pollution, as required by SCMC 13.05 Stormwater Management. The Application shall submit an Erosion and Sediment Control Plan (ESCP) or Water Pollution Prevention Plan (WPPP), as applicable, for review and approval by the City Engineer, prior to the issuance of any grading and/or building permit(s).

E. Agency Requirements

28.Water: Prior to issuance of building permits, the Applicant must obtain a Water Permit from the Monterey Peninsula Water Management District (MPWMD). The Applicant must follow all water efficiency standards as set forth by the Water Permit. If additional water credits are required for the Change of Use, further water allocation will require separate City Council approval. The approval of the Conditional Use Permit (CUP23-007) does not convey water to the property.

29.Sewer: Prior to issuance of building permits, the Applicant must obtain a sewer permit for this Change of Use from the Seaside County Sanitation District / Monterey One Water.

30.Agency/Department Compliance: All requirements of the City’s Planning, Building, Fire, Public Works, and Engineering Departments, and the requirements of any Agencies with Jurisdiction (AWJ) over the project, including but not limited to: California American Water, Monterey Peninsula Water Management District, Seaside County Sanitation District (SCSD), Monterey One Water, and the Monterey County Health Department shall be implemented to the satisfaction of each agency/department. All requirements of AWJ over the project shall be met to the satisfaction of the City prior to issuance of any building permits and/or certificates of occupancy for the project.

31.Water and Sewer: All water and sewer improvements shall be designed and constructed in accordance with the standards and specifications of California American Water (Cal-Am) and the SCSD, and to the satisfaction 226

EXHIBIT B
CUP23-007 CONDITIONS OF APPROVAL
9 of the City Engineer. The Applicant shall provide approvals from both CalAm and the SCSD for all water and sewer improvements, and/or connections.

F. General Requirements:

32.Examination of Plans: All site and improvement plans, documents, reports, and supporting materials for the Project shall be reviewed and approved by the City prior to the issuance of any building or encroachment permits. Any and all requirements specified by the City during the plan review process shall be implemented to the satisfaction of the City.

33.Building Permit: The Applicant must obtain a building permit, and all City final approvals must be granted before any food service may commence.

34.Applicant must comply with all City rules and regulations, including but not limited to the City’s Building Department’s rules and regulations.

35.Applicant must comply with all applicable rules and regulations including but not limited to Monterey County Department of Consumer Health rules and regulations.

36.Interpretation: Any questions of intent or interpretation regarding any condition of Use Permit CUP23-007 shall be resolved by the City Manager or Designee.

37.Business License: The Applicant shall acquire, maintain, and annually renew a Sand City business license for the duration of the Applicant’s Use at the Subject Property. Failure to maintain a current Sand City business license may be sufficient grounds for termination of CUP23-007. 227

EXHIBIT B
CUP23-007 CONDITIONS OF APPROVAL
10 ___________________________ ____________________
Applicant Signature Date
___________________________ _____________________
Property Owner Signature Date
228
EXHIBIT 1

LOCATION MAP
Dias Avenue
EXHIBIT 1
CUP23-007 LOCATION MAP
Project Site
229
EXHIBIT 2

AERIAL MAP
EXHIBIT 2
CUP23-007 AERIAL MAP
Project Site
Parcel Lines
230
EXHIBIT 3

SITE PHOTOS
Exhibit 3
CUP23-007 Site Photos
Dias Avenue
California Avenue
231
O W N E R : J E A N N E C O L L E T T O , ( 8 31 ) 917 - 6 0 10 A P N 0 11 - 19 2 - 0 0 3 P M U P A R C E L

THE YARD SCHEMATIC LANDSCAPE DESIGN PACKAGE
E xhibit 4 Site Plan
232
PAGE 2
L O T 6 , 7, 9 ,11 E A S T M O N T E R E Y NOVEMBER 2024 L0.00 SITE ANALYSIS
SUNSET

CURB CUT

CURB CUT
SUNNY
TREES

ROAD SOUNDS
0 10 20 40
3 4
9 5
7 8
5 6
1 SUNRISE

APARTMENTS
SHED
1 2 3 4 5 6 7 8 9

AFTERNOON SHADE

PROPERTY LINE

MORNING SHADE
233
PAGE 3
L O T 6 , 7, 9 , 11 E A S T M O N T E R E Y NOVEMBER 2024

DESIGN PRECEDENTS
234
PAGE 4
3 4
6 2
3 4
5 4
6 6
7 7
8 8
9 10
9 12
12 15
16 16 16
14 11
11 1
1 13
17 L O T 6 , 7, 9 ,11 E A S T M O N T E R E Y NOVEMBER 2024 0 8 16 36 L1.00 CONCEPTUAL SITE PLAN

1. REGULAR AND ADA PORT-A-POTTY AND WASH
STATION*

2. ADA RAMP TO STAGE

3. FOOD TRUCKS

4. POP-UP SHOPS / FLEX SPACE

5. BIKE RACK

6. FIREPIT SEATING

7. BOARDWALK OVER SWALE

8. PEDESTRIAN ENTRANCE

9. VEHICLE ENTRANCE

10. WATER STORAGE

11. PLANTED BIOSWALE

12. BISTRO LOUNGE SEATING

13. REPLACE (E) RETAINING WALL, 2’ MAX

14. TRASH / RECYCLE / COMPOST

15. STAGE / DECK

16. PLAY ELEMENT / SEATING, FINAL DESIGN TBD

17. SHADE WALL
LEGEND

PRELIMINARY PLANT LIST
*SUBJECT TO CHANGE AWAITING SAND CITY’S DECISION TO SPONSER

PUBLIC RESTROOMS WITH COOPERATION OF PROPERTY OWNER

SITE PLAN

SITE SECTION A A
A

BOTANICAL NAME COMMON NAME

SHRUBS / PERENNIALS

ACHILLEA MILLEFOLIUM COMMON YARROW

ARCTOSTAPHYLOS 'PACIFIC MIST' MONTEREY MANZANITA
ARCTOSTAPHYLOS MANZANITA 'DR. HURD' DR. HURD MANZANITA

ARMERIA MARITIM

A THRIFT SEAPINK

ARTEMISIA PYCNOCEPHALA 'DAVID'S CHOICE' DUNE SAGEWOR
T

CAREX PANSA SAND DUNE SEDGE

CHONDROPETALUM TECTORUM 'EL CAMPO' SMALL CAPE RUSH

DESCHAMPSIA CESPITOSA TUFTED HAIRGRASS

ERIOGONUM LATIFOLIUM COAST BUCKWHEAT

ERIOPHYLLUM STAECHADIFOLIUM SEASIDE WOOLLY SUNFLOWER
ESCHSCHOLZIA CALIFORNICA VAR. MARITIMA CALIFORNIA POPPY 'MARITIMA'

FRAGARIA CHILOENSIS BEACH STRAWBERRY

JUNCUS PATENS COMMON RUSH

SALVIA MELLIFERA BLACK SAGE

SISYRINCHIUM BELLUM BLUE EYED GRASS
TREES

ARBUTUS MARINA PACIFIC MADRONE

CEANOTHUS 'RAY HARTMAN' RAY HARTMAN CEANOTHUS

HETEROMELES ARBUTIFOLI

A TOYON

SALIX LAEVIGATA RED WILLOW
VINES

BOUGAINVILLEA 'BABARA KARST' BARBARA KARST' BOUGAINVILLEA

VITUS CALIFORNICA 'ROGERS' RED' CALIFORNIA GRAPE 'ROGERS RED' 235
FS 36
FS 34.5
FS 35
FS 34
16'
15'
142'-1"
12'
20'
4'
10'
20'
46'-8"
1'
L1.00

LANDSCAPE SITE PLAN

NOT FOR CONSTRUCTION
“I, MARIE GOULET, CERTIFY THAT THIS LANDSCAPING AND IRRIGATION PLAN COMPLIES WITH ALL MONTEREY COUNTY LANDSCAPING REQUIREMENTS INCLUDING USE OF NATIVE DROUGHT TOLERANT, NON-INVASIVE SPECIES, LIMITED TURF AND LOW FLOW, WATER CONSERVING IRRIGATION FIXTURES.” 1" = 8'
8' 0 8' 16'
PAGE 5
1 1
2 3 4
4 5
6 6
7 8
8 9
9 10 12
13 17
15 16
14 11
L O T 6 , 7, 9 , 11 E A S T M O N T E R E Y NOVEMBER 2024

1. REGULAR AND ADA PORT-A-POTTY AND WASH
STATION*

2. ADA RAMP TO STAGE

3. FOOD TRUCKS

4. POP-UP SHOPS / FLEX SPACE

5. BIKE RACK

6. FIREPIT SEATING

7. BOARDWALK OVER SWALE

8. PEDESTRIAN ENTRANCE

9. VEHICLE ENTRANCE

10. WATER STORAGE

11. PLANTED BIOSWALE

12. BISTRO LOUNGE SEATING

13. REPLACE (E) RETAINING WALL, 2’ MAX

14. TRASH / RECYCLE / COMPOST

15. STAGE / DECK

16. PLAY ELEMENT / SEATING, DESIGN TBD

17. SHADE WALL
LEGEND

ADA PATH OF TRAVEL
NOTE: MAX SLOPE

THROUGHOUT SITE IS NOT
TO EXCEED 5% EXCEPT IN

BIOSWALE / PLANTING AREAS
*SUBJECT TO CHANGE AWAITING SAND CITY’S DECISION TO SPONSER

PUBLIC RESTROOMS WITH COOPERATION OF PROPERTY OWNER
0 8 16 36
L1.01 SITE PLAN BASE ELEMENTS AND DIMENSIONS
• LOT TOTAL: 6665 SQ FT
• ADA ENGINEERED MULCH: 5823 SQ FT
• PLANTED AREA: 662 SQ FT
• STABILIZED DG: 180 SQ FT
SITE COVERAGE:
236
PAGE 6
L O T 6 , 7, 9 ,11 E A S T M O N T E R E Y NOVEMBER 2024

PLAY SPACES PRECEDENTS
237
PAGE 7
L O T 6 , 7, 9 , 11 E A S T M O N T E R E Y NOVEMBER 2024

MATERIALS
238
Exhibit 5 Letter of Intent
239
240
&YIJCJU
6
)B[BSEPVT
.BUFSJBMT
2VFTUJPOOBJSF
241

AGENDA ITEM
8C.

Consideration of Acceptance of Public Art
and Site Selection of Sculptures
242
City of Sand City

STAFF REPORT
TO: Sand City City Council
FROM: Vibeke Norgaard, City Manager
SUBJECT: Consideration of Acceptance of Public Art and Site Selection - Sculptures DATE: February 18, 2025
_______________________________________________________________________ DISCUSSION:

Former Councilmember Greg Hawthorne was contacted by Julia Wong who offered to donate 3 large scale steel sculptures to the City. The sculptures were created by her deceased father Albert Bela Janko. Janko created more than 50 pieces, most of which were on display on their 10-acre property in Jacks Peak. Images are attached at Att. A.

The sculptures range in height from 7 to 15 feet. Two are created in Corten steel, one is made of painted steel.

According to the City’s public art policy (adopted by the City Council in May of 2020) (“Art Policy”), applications to donate art are initially considered by the Sand City Arts Committee, which in turn may recommend acceptance of art to the City Council.

The Arts Committee met on February 12, 2025, reviewed the request to donate the sculptures, and recommended that the City accept two of the sculptures, as long as they were in an acceptable condition. The committee requested that committee member Fred Saunders review the sculptures to assess their condition.

Following the Arts Committees’ request, Mr. Saunders, an expert metal fabricator, graciously took the time to examine the sculptures on 2/13/25 and found two of them to be in very poor condition. The third sculpture, the “blue chair” sculpture on the attached images, is in the best condition. However, Mr. Saunders estimates that repair is needed to the welds on the sculpture and that a base structure would be needed to bolt it to the ground. He estimates it would cost approximately $3,000 to do the work required. He does not recommend that the City accept the other two sculptures, as they are in very poor condition.

Criteria for City acceptance of public art:

The criteria in the City’s Art Policy (section 4) are as follows:
a. is the art thought-provoking, memorable or enduring and reflects the diverse social, cultural, or historic values of the City;
b. is the art appropriate in terms of scale, form, content, and the environment; c. is the art durable relative to theft, vandalism and the environment; 243
d. whether the art acknowledges and is sensitive to the importance of the contributions by local and regional artists to the City; e. whether the art is not religious iconography which might be perceived as government endorsement of religion in violation of the Establishment Clause of the Federal and State Constitutions;
f. ensure that the art would not, when displayed, create a hostile work environment for public employees;
g. ensure that the art does not depict graphic violence or overt sexual activity; h. is the art repetitive in that the City already has sufficient examples or better examples of the same type of object;
i. whether the City has the facilities and resources necessary to accept the object, knowing that the City has limited facilities and resources; j. whether the person wishing to loan, lease or donate the artwork to the City is prepared to execute a contract or other document which, in the estimation of the City Attorney and City Manager, protects and serves the fiscal and other interests of the City;
k. whether the artist who created the artwork that will be to loaned, leased or donated to the City is prepared to execute a waiver of their rights under California Art Preservation Act (Civil Code 987 and 989), the Visual Artist Rights Act (17 U.S.C. 106A, 113), and other applicable state and federal laws.

Site selection:

According to the City’s art policy, when recommending sites for works of art for loan, lease, or gift to the collection, the Committee considers:
a. whether the artwork can be properly installed, placed to be seen, and displayed with patron safety in mind;
b. the compatibility of design and location within unified design, environmental or historical character of the site;
c. landscaping, drainage, grading, lighting, and seating considerations; d. environmental impacts such as noise, sound and light; e. public accessibility to the artwork;
f. impact on adjacent property owner’s views; and
g. impact on operational functions of the City.

The Arts Committee recommends that the sculpture be displayed along the future proposed Bike trail in the TAMC right of way when it is constructed. In the meantime, the Public works Manager has stated there is ample space in the City’s public works yard to store the sculpture. Any site chosen for display of art is not eligible for art display unless and until the Director of Public Works and/or City Engineer determines that the use of the location for display of public art would not interfere with use by pedestrians or vehicles, would not create a safety hazard, or would otherwise be inappropriate. Once donated, the City-owned artwork will be the responsibility of the City.

The image of the proposed art is attached to this staff report. 244
The City Manager and Staff are recommending that the piece be placed on the City’s proposed bike trail when it is constructed, subject to the review by the City Engineer as set forth above.

FISCAL IMPACT: The art is being donated; however it is estimated that it will cost approximately $3,000 to fix the sculpture. If installation of the sculptures requires more capacity than our public works department can provide, the installation could result in a cost which would need to be determined closer to the time of installation and which would be budgeted in a future fiscal year.

CEQA:

The placement of the donated sculptures will be evaluated as part of the CEQA review for the Multiuse Trail Project within the TAMC right-of-way to ensure no significant environmental impacts occur. This review will assess aesthetic, safety, and environmental factors of incorporating the sculptures as part of the broader trail project’s environmental documentation. If no additional review is required beyond the approved CEQA findings for the trail, the installation would likely qualify for a categorical exemption under CEQA Guidelines Sections 15301 (minor alteration of existing facilities) 15303 (new construction of small structures, or 15311 (placement of accessory structures appurtenant to existing facilities).

RECOMMENDATION: It is recommended that Council follow the Arts Committee’s recommendation and accept the one piece of donated art referred to by the Committee as the “Blue Chair”. Further it is recommended that the Council approve the future bike trail in the TAMC right of way as a site for the installation of the sculpture after the trail is constructed if confirmed by the City Engineer, Public Works Manager and City Manager as a feasible and safe location.

ATTACHMENTS:

1. Images of Sculptures
245
246
247
248
249
250