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PC R 10-2100RESOLUTION NO. 10-2100 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION AND ADOPT AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT 09-002; LOCATED AT THE CORNER OF WEST BRANCH STREET AND OLD RANCH ROADE; APPLIED FOR BY THE FIVE CITIES COMMUNITY SERVICES FOUNDATION WHEREAS, the applicant has applied for a Development Agreement 09-002 to construct a new 53,712 square-foot recreation facility on property located at the corner of West Branch Street and Old Ranch Road; and WHEREAS, the Planning Commission has found that this project is consistent with the City's General Plan and Development Code; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered approval of Development Agreement 09-002 at a public hearing on February 16, 2010 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has reviewed the Mitigated Negative Declaration for the project; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that the following circumstances exist: 1. The development agreement is consistent with the goals, objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan; 2. The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; 3. The development agreement is in conformity with public convenience, general welfare, and good land use practice; 4. The development agreement will not be detrimental to the health, safety, or general welfare; 5. The development agreement will not, in respect to the subject property, or any other property, adversely affect the orderly development thereof or the preservation of property values. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of RESOLUTION NO. 10-2100 DEVELOPMENT AGREEMENT 09-002 FEBRUARY 16, 2010 PAG E 2 of 14 Arroyo Grande hereby recommends the City Council adopt a mitigated negative declaration and adopt an ordinance approving Development Agreement 09-002 with conditions of approval as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Chair Ray, seconded by Commissioner Brown, and by the following roll call vote, to wit: AYES: Chair Ray, Brown, Barneich, Keen and Ruth NOES: None ABSENT: None the foregoing Resolution was adopted this 16 day of February, 2010. RESOLUTION NO. 10-2100 DEVELOPMENT AGREEMENT 09-002 FEBRUARY 16, 2010 PAGE 3 of 14 ATTEST: KATHY MEN ZA FOR DEB EICHINGER, CAREN �Y, CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: � TE SA M CLISH, CO MUNITY DEVELOPMENT DIRECTOR � �� RESOLUTION NO. 10-2100 DEVELOPMENT AGREEMENT 09-002 FEBRUARY 16, 2010 PAG E 4 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL DEVELOPMENT AGREEMENT 09-002 THE CORNER OF WEST BRANCH STREET AND OLD RANCH ROAD This approval revises the authorizes the construction of a 53,712 square foot recreation center at the property located at the corner of West Branch Street and Old Ranch Road: PLANNING DIVISION GENERAL CONDITIONS: 2 3 0 5 The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Development Agreement 09-002. Development shall occur in substantial conformance with the plans presented to the Planning Commission at its meeting of February 16, 2010 and marked Exhibit "B". ' Development shall conform to all applicable development standards for the Public Facility (PF) zoning district except as otherwise approved. All conditions of approval for the project shall be included in construction drawings. 6. 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. ENGINEERING DIVISION 7. All conditions of approval included in City Council Resolution No. 4219 will apply. �� 8. Install City standard curb, gutter and sidewalk across all frontages of the project. This includes the frontages along West Branch Street from Old Ranch Road to RESOLUTION NO. 10-2100 DEVELOPMENT AGREEMENT 09-002 FEBRUARY 16, 2010 PAGE 5 of 14 9. 10 11 Vernon Street, and on Old Ranch Road from West Branch Street to the northerly side of the project site. Install a wheel chair ramp at the corner of Old Ranch Road and West Branch Street. Install street lights along West Branch Road and Old Ranch Road to City Standards. Install fire hydrants as directed by the Fire Department. Show easements for any on-site waterlines serving fire hydrants. 12. Connect to the 8" sewer main in West Branch Street and extend an 8" sewer main northerly along the easterly edge of the property to the north boundary of the site. 13 14 Connect fire hydrants and fire and domestic water services to the existing 12" PVC waterline located along the easterly edge of the site. The double check detector can be installed in the Recreation Center equipment room rather than near the entrance to the site. 15. Show easement(s) for the existing 12" PVC waterline and the proposed 8" sewer main along the easterly edge of the property. Provide a minimum of 15' of paved drivable access along the waterline and sewer easement to the pressure reduction vault. 16 17 18 19 Connect the on-site storm water collection facilities to the storm drain on West Branch Street. Maintain post-development peak run-off rate and average volume of run-off at levels that are similar to pre-development levels. Provide bio-swales, flow-through planters or other buffer strips to treat sheet flow from the parking lot prior to discharge into the storm drain system. Relocate the trash enclosure out of the utility easement. 20. Provide a striping plan for West Branch Street showing, at a minimum, 5' bicycle lanes on each side of the street, two 12' travel lanes and a 12' turn lane. The street section must be compatible with future plans for West Branch Street. BUILDING DIVISION 21 22 Provide fire flow and hydrants per California Fire Code, and locate hydrants on site with one hydrant to be within 50 feet of the fire department connection. Provide fire sprinklers per NFPA 13 and the California Fire Code, include an appropriate coverage for the Kitchen area. RESOLUTION NO. 10-2100 DEVELOPMENT AGREEMENT 09-002 FEBRUARY 16, 2010 PAGE 6 of 14 23 24. Provide a remote Fire Department connection so as to be within 50 feet of a hydrant. Provide accessible and emergency egress at all doors (note doors at rear of building to be accessible and for fire department usage) 25. Provide calculations for maximum possible occupant load including but not limited to, assembly uses without fixed seats, with concentrated uses as well as standing space. 26 27 This building will require an emergency voice/ alarm communications system per NFPA 72. This will necessitate the inclusion of emergency power for that system. Provide an all weather surface for fire department access around the perimeter of the building. ARCHITECTURAL REVIEW COMMITTEE 28. 29. 30. 31. Windows on the north side shall be added at the approximate eye level of the jogging mezzanine. Tall fast-growing trees shall be planted along Old Ranch Road to screen/mask that portion of the roofline from the residences above. Monument signs at the entrances are deemed acceptable, but need review by ARC before execution. ARC encourages balancing the grade (cut and fill). PLANNING COMMISSION 32. The water tower/sign shall not be included in the project. 33. The addition of the extra 13 parking spaces at the back of the property and an appropriate driveway is needed to allow for improved emergency access. This is opposite of the recommendation of the Architectural Review Committee. 34. 35. 36. 37. 38. Add additional street level signage to minimize the chance of people missing the building and driving up Old Ranch Road. The metal roof shall be reviewed by Architectural Review Committee before issuance of a building permit. The applicant shall consider the possibility of the Branch Street sidewalk being relocated away from the street. The trees to be removed shall be tagged; and Commissioner Barneich and the City Arborist shall be consulted on the necessity for their removal. Unnecessary wording regarding canivash facilities shall be removed from Mitigation Measure VII-I. RESOLUTION NO. 10-2100 � � DEVELOPMENT AGREEMENT 09-002 FEBRUARY 16, 2010 PAGE 7 of 14 MITIGATION MEASURES: MM 111-1 Naturallv Occurrinq Asbestos The project site is located in a candidate area for Naturally Occurring Asbestos (NOA), which has been identified as a toxic air contaminant by the California Air Resources Board (ARB). Under the ARB Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to anv qradinq activities at the site, the prolect proponent shall ensure that a qeoloqic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District (see Attachment 1). If NOA is found at the site, the applicant must complv with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Please refer to the APCD web page at http://www.slocleanair.org/business/asbestos.asp for more information or contact the APCD Enforcement Division at 781-5912. MM III-2 Developmental Burninq Effective February 25, 2000, the APCD prohibited developmental burninq of veqetative material within San Luis Obispo County. Under certain circumstances where no technically feasible alternatives are available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project, APCD approval, and issuance of a burn permit by the APCD and the local fire department authority. The applicant is required to furnish the APCD with the study of technical feasibility (which includes costs and other constraints) at the time of application. If you have any questions regarding these requirements, contact the APCD Enforcement Division at 781-5912. MM III-3 Demolition Activities The project referral indicated that the lot is vacant, however the following information is provided in the event that some demolition of existing structures or pipelines is required. Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). Asbestos containing materials could be encountered during demolition or remodeling of existing buildings. Asbestos can also be found in utility pipes/pipelines (transite pipes or insulation on pipes). If utilitv pipelines are scheduled for removal or relocation; or buildinq(s) are removed or renovated this proiect mav be sublect to various reuulatorv jurisdictions, includinq 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 District, 2) asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable removal and disposal requirements of identified ACM. Please contact the APCD Enforcement Division at RESOLUTION NO. 10-2100 DEVELOPMENT AGREEMENT 09-002 FEBRUARY 16, 2010 PAGE 8 of 14 781-5912 forfurther information. MM III-4 Dust Control Measures Construction activities can generate fugitive dust, which could be a nuisance to local residents and businesses in close proximity to the proposed construction site. Dust complaints could result in a violation of the APCD's 402 "Nuisance" Rule. Any project with a grading area greater than 4.0 acres exceeds the APCD's PM10 quarterly threshold. This proiect is near potentiallv sensitive receptors (residences and a school) and shall be conditioned to comply with all applicable Air Pollution Control District requlations pertaininq to the control of fuqitive dust (PM10) as contained in section 6.5 of the Air Quality Handbook. All site qradinq and demolition plans noted shall list the followinq requlations: a. Reduce the amount of the disturbed area where possible, b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non- potable) water should be used whenever possible, c. All dirt stock pile areas should be sprayed daily as needed, d. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities, e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating native grass seed and watered until vegetation is established, f. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD, g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used, h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site, i. All trucks 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, j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site, and k. Sweep streets at the end of each day if visible soil material is carried onto RESOLUTION NO. 10-2100 � DEVELOPMENT AGREEMENT 09-002 FEBRUARY 16, 2010 PAG E 9 of 14 adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. All PM10 mitigation measures required should be shown on grading and building plans. In addition, the contractor or builder should designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and finished qradinq of the area. I►�il►�i�ll�� Construction Permit Requirements Based on the information provided, we are be present during the projecYs construction unsure of the types of equipment that may phase. Portable equipment, 50 horsepower (hp) or greater, used during construction activities will require California statewide portable equipment registration (issued by the California Air Resources Board) or an APCD permit. The following list is provided as a guide to equipment and operations that may have permitting requirements, but should not be viewed as exclusive. For a more detailed listing, refer to the District's CEQA Handbook. • Power screens, conveyors, diesel engines, and/or crushers; • Portable generators and equipment with engines that are 50 hp or greater; • Internal Combustion engines; • Unconfined abrasive blasting operations; • Concrete batch plants; • Rock and pavement crushing; • Tub grinders; and • Trommel screens. To minimize potential delays, prior to the start of the proiect, please contact the APCD Enqineerinq Division at (805) 781-5912 for specific information reqardinq permittinq requirements. MM III-6 Diesel Idlinq Restrictions for Construction Phases Valley View School is next to the project site. Based on the proximity of the school and residences, the following idling restrictions are needed to reduce exposure to diesel exhaust. The APCD recognizes the public health risk reductions that can be realized by idle limitations for both on and off-road equipment. The following idle restricting measures are required for the construction phase of projects: RESOLUTION NO. 10-2100 DEVELOPMENT AGREEMENT 09-002 FEBRUARY 16, 2010 PAG E 10 of 14 a. Idlinq Restrictions Near Sensitive Receqtors for Both On and Off-Road Equipment 1. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; 2. Diesel idling within 1,000 feet of sensitive receptors is not permitted; 3. Use of alternative fueled equipment is recommended whenever possible; and, 4. Signs that specify the no idling requirements must be posted and enforced at the construction site. b. Idlinq Restrictions for On-Road Vehicles Section 2485 of Title 13., the California Code of Regulations limits diesel- fueled commercial motor vehicles that operate in the State of California with gross vehicular weight ratings of greater than 10,000 pounds and licensed for operation on highways. It applies to California and non- California based vehicles. In general, the regulation specifies that drivers of said vehicles: 1. Shall not idle the vehicle's primary diesel engine for greater than 5 minutes at any location, except as noted in Subsection (d) of the regulation; and, 2. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 100 feet of a restricted area, except as noted in Subsection (d) of the regulation. Signs must be posted in the designated queuing areas and job sites to remind drivers of the 5 minute idling limit. The specific requirements and exceptions in the regulation can be reviewed at the following web site: www.arb.ca. og v/msprog/truck-idlin /2�pdf. c. Idlinq Restrictions for Off-Road Equipment Off-road diesel equipment shall comply with the 5 minute idling restriction identified in Section 2449(d)(3) of the California Air Resources Board's In- Use off-Road Diesel regulation: www.arb.ca.gov/regact/2007/ordies107/frooal.pdf. Signs shall be posted in the designated queuing areas and job sites to remind off-road equipment operators of the 5 minute idling limit. OPERATIONAL PHASE MITIGATION MM III-7 �, i � RESOLUTION NO. 10-2100 =' �- DEVELOPMENT AGREEMENT 09-002 FEBRUARY 16, 2010 PAGE 11 of 14 Operational Permit Requirements Based on the information provided, we are unsure of the types of equipment that may be present at the site. Operational sources may require APCD permits. The following list is provided as a guide to equipment and operations that may have permitting requirements, but should not be viewed as exclusive. For a more detailed listing, refer to the District's CEQA Handbook. • Portable generators and equipment with engines that are 50 hp or greater; • The use of standby generator; • Boilers; • Internal Combustion Engines; MM III-8 Reactive Organic Gas and Nitroqen Oxide Impacts and Mitigation APCD staff has determined the operational impacts of this development through the use of the URBEMIS2007 computer model, a tool for estimating vehicle travel, fuel use and the resulting emissions related to this project's land uses. The results of the model demonstrated that the operational impacts will likely exceed the APCD's CEQA Tier II significance threshold value of 25 Ibs/day for the criteria ozone precursor pollutants, namely reactive organic gases (ROG) plus nitrogen oxides (NOx). As a result of this estimated threshold exceedence, this proiect must implement eiqht (8) APCD Mitiqation Measures listed in Table 3-5 of the 2009 CEQA Air Qualitv Handbook (see Attachment 2). Implement measures that reduce Ozone (0) pollution and applv to Commercial (C) land use. Should this project move forward, the APCD will consider the overall criteria pollutant air quality impacts from this project to have been reduced to a level of insignificance with the implementation of these mitigation measures. Other measures may be proposed as replacements by contacting the APCD's Planning Division at 781-5912. MM IV-1 If any tree is proposed to be removed during the nesting bird season (March 1 through September 1 S `), then a qualified biologist should conduct a nesting bird survey to ensure no birds or their nests are impacted. If active nests are located, then all construction work must be conducted at least 20 to 250 feet from the nest until the adults and young are no longer reliant on the nest site, as determined by a qualified biologist. This mitigation measure must be completed to the satisfaction of the Director of Community Development. MM VI-1 Prior to issuance of a building permit, the applicant shall submit a geotechnical investigation and report detailing potential impacts and recommendations to be adopted due to the proximity of the Wilmar Avenue Fault. RESOLUTION NO. 10-2100 DEVELOPMENT AGREEMENT 09-002 FEBRUARY 16, 2010 PAG E 12 of 14 POST CONSTRUCTION BMPS MM VII-1 The following BMPs shall be incorporated into the project: ■ Roof Downspout System. Direct roof drains to pervious areas to allow infiltration prior to discharging to water bodies or the municipal storm drain system. ■ Run-off Control. Maintain post-development peak runoff rate and average volume of runoff at levels that are similar to post- development levels. ■ Labeling and Maintenance of Storm Drain Facilities. Label new storm drain inlets with "No Dumping — Drains to Ocean" to alert the public to the destination of stormwater and to prevent direct discharge of pollutants into the storm drain. ■ Vehicle/Equipment Cleaninq. Commercial/industrial facilities or multi-family residential developments of 50 units or greater should either provide a covered, bermed area for washing activities or discourage vehicle/equipment washing by removing hose bibs and installing signs prohibiting such uses. Vehicle/equipment washing areas shall be paved designed to prevent run-on or run off from the area, and plumbed to drain to the sanitary sewer. ■ Common Area Litter Control. Implement trash management and litter control for commercial and industrial projects or large-scale residential developments to prevent litter and debris from being carried to water bodies or the storm drain system. ■ Food Service Facilities. Design food service facilities (including restaurants and grocery stores) to have a sink or other area for cleaning floor mats, containers, and equipments that is connected to a grease interceptor prior to discharging to the sanitary sewer system. The cleaning area should be large enough to clean the largest mat or piece of equipment to be cleaned. ■ Refuse Areas. Trash compactors, enclosures and dumpster areas should be covered and protected from roof and surface drainage. Install a self-contained drainage system that discharges to the sanitary sewer if water cannot be diverted from the areas. RESOLUTION NO. 10-2100 DEVELOPMENT AGREEMENT 09-002 FEBRUARY 16, 2010 PAGE 13 of 14 ■ Outdoor Storage Controls. Oils, fuels, solvents, coolants, and other chemicals stored outdoors must be in containers and protected from drainage by seconda ,ry containment structures such as berms, liners, vaults or roof covers and/or drain to the sanitary sewer system. Bulk materials stored outdoors must also be protected from drainage with berms and covers. Process equipment stored outdoors must be inspected for proper function and leaks, stored on impermeable surfaces and covered. Implement a regular program of sweeping and litter control and develop a spill cleanup plan for storage areas. ■ Cleaninq, Maintenance and Processinq Controls. Areas used for washing, steam cleaning, maintenance, repair or processing must have impermeable surfaces and containment berms, roof covers, recycled water wash facility, and discharge to the sanitary sewer. Discharges to the sanitary sewer may require pretreatment systems and/or approval of an industrial waste discharge permit. ■ Loadinq Dock Controls. Design loading docks to be covered, surrounded by berms or curbs, or constructed to prevent drainage onto or from the area. Position roof downspouts to direct stormwater away from the loading area. Water from loading dock areas shall be drained to the sanitary sewer, or diverted and collected for ultimate discharge to the sanitary sewer. Door skirts between the trailers and the building should be installed to prevent exposure of loading activities to rain. ■ Street/parking lot Sweeping: Implement a program to regularly sweep streets, sidewalks and parking lots to prevent the accumulation of litter and debris. Debris resulting from pressure washing should be trapped and collected to prevent entry into the storm drain system. Washwater containing any cleaning agent or degreaser should be collected and discharged to the sanitary sewer. MM XI-1 Construction activities shall be restricted to the hours of 8 a.m. and 7 p.m. Monday through Friday, and befinreen 8 a.m. and 5 p.m. on Saturday. No construction shall occur on Sunday. Equipment maintenance and servicing shall be confined to the same hours. To the greatest extent possible, grading and construction activities should occur during the middle of the day to minimize the potential for disturbance of neighboring noise sensitive uses. MM XI-2 All construction equipment utilizing internal combustion engines shall be required to RESOLUTION NO. 10-2100 DEVELOPMENT AGREEMENT 09-002 FEBRUARY 16, 2010 PAGE 14 of 14 have mufflers that are in good condition. MM XVI-1 The applicant shall offset the estimated water demand of the project by either: 1. Implementing an off-site water neutralization program for any facility or property served by the City that reduces water use by an equivalent (or greater) number of acre-feet per year as estimated project demand; or 2. Payment of a water neutralization fee (currently $5,995/acre-foot) to offset estimated project demand through funding of various water conservation programs administered by the City (cash for grass, appliance rebates, etc). MM XVI-2 Prior to construction, the applicant shall submit detailed calculations showing the total estimated water demand of the project based on implementation of specific on-site water-saving strategies (ultra low-flow fixtures, conversion of turf areas to drought tolerant landscaping, graywater systems, etc).