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PC R 10-2116 RESOLUTION NO. 10-2116 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE�RECOMMENDING THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE SPECIFIC PLAN AMENDMENT 10-001; LOCATED AT THE SOUTHWEST CORNER OF EAST GRAND AVENUE AND SOUTH COURTLAND STREET; APPLIED FOR BY NKT COMMERCIAL � WHEREAS, the applicant has filed Specific Plan Amendment 10-001 to amend the Berry Gardens Specific Plan as it relates to the development of Subareas 3; 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 draft Negative Declaration; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on December 7, 2010; and -� � WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Specific Plan Amendment Findings: 1. The proposed Specific Plan Amendment is consistent with the goals, objectives, policies and programs of the General Plan. The proposed Spec�c Plan Amendment would allow the development of 6.1 acres with both commercial and affo�able mulfi-family apartment uses consistent with the goals, objectives, policies and programs of the General Plan. 2. The proposed Specific Plan Amendment will not adversely affect the public � health, safety and welfare or result in an illogical land use pattern; � There is nothing contained within the proposed Spec�c Plan Amendmenf that will adversely affect the public health, safety or welfare. The proposed Specifrc Plan Amendment contains mixed-use development standards which are consistent with the Mixed-Use (MU) land use designation and provide for an adequafe buffer between dissimilar uses (commercial and residential); therefore, the proposed Spec�c Plan Amendment will not result in an illogical land use pafitem. 3. ' The proposed Specific Plan Amendment is necessary and desirable in order to implement the provisions of the General Plan; RESOLUTION NO. 10-2116 � SPA 10-001 DECEMBER 7, 2010 PAGE 2 of 11 The proposed Specific Plan Amendment is necessary to implement � provisions of the Genera! Plan regarding higher-intensity mixed-use development of 6.1 acres of vacant land along the City's main commercial corridor(East Grand Avenue). 4. The development standards contained in the proposed Specific Plan Amendment will result in a superior development to that which would occur using standard zoning and development regulations. The development standards contained within the proposed Spec�c Plan Amendment wil! resulf in a superior development to that which would occur using standard zoning and development regulations as they a/low for development of a higher-intensity mix of uses, including commer�ial and affordable mu/ti-family apartments. 5. The proposed Specific Plan Amendment will not create internal inconsistencies within the Specific Plan and is consistent with the purpose and intent of the Specific Plan it is amending. The proposed Specific Plan Amendment will not create any intemal inconsistencies within the Berry Gardens Specific Plan and is consistent _ with the Berry Gardens Specific Plan as it provides for both commercial and affordable multi-family apartment development. Required CEQA Findings: 1. The City of Arroyo Grande has prepared an Initial Study pursuant to Section 15063 of the Guidelines of the Califomia Environmental Quality Act (CEQA), for Specific Plan Amendment 10-001. 2. Based on the Initial Study, a Mitigated Negative Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. � 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopts the Mitigated Negative Declaration and finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. Further, the City Council finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. RESOLUTION NO. 10-2116 SPA 10-001 DECEMBER 7, 2010 . PAGE 3 of 11 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends the City Council adopt the Draft Mitigated Negative Declaration and approve Specific Plan Amendment 10-001 with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Ruth, seconded by Commissioner Barneich, and by the following roll call vote, to wit: AYES: Commissioners Ruth, Barneich, Keen and Sperow NOES: None ABSENT: Commissioner Martin the foregoing Resolution was adopted this 7th day of December, 2010. ATTEST: �J , DEBBIE WEICH NGER,—� KEE , I E-CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: . � � TERE A MCCLI COM UNITY DEVELOPMENT DIRECTOR � RESOLUTION NO. 10-2116 SPA 10-001 DECEMBER 7, 2010 PAGE 4 of 11 I EXHIBIT `A' CONDITIONS OF APPROVAL SPECIFIC PLAN AMENDMENT 10-001 SOUTHWEST CORNER OF EAST GRAND AVENUE AND SOUTH COURTLAND STREET This approval authorizes an amendment to the Berry Gardens Specific Plan as it relates to development of Subareas 3 and 4. GENERAL CONDITIONS: 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Specific Plan Amendment 10-001. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at its meeting of December 7, 2010. 4. The applicant shall agree to defend at his/her sole expense any action� brought . against the City, its present or former agents, officers, or employees because of � � the issuance of said approval, or in anyway relating to the implementation thereof, - � . or in the alternative, to relinquish such approval. The applicant shall reimburse the . � City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole.discretion, participate at its � own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. PLANNING DIVISION: � 5. The applicant shall provide the Community Development Department with finrelve (12) copies of the complete Berry Gardens Specific Plan, including all provisions of Specific Plan Amendment 10-001 as approved. MITIGATION MONITORING PROGRAM: 6. MM III-1: The following conditions shall be included on all construction plans and adhered�to for all construction-related permits: • Reduce the amount of disturbed area where possible. __ , RESOLUTION NO. 10-2116 SPA 10-001 DECEMBER 7, 2010 PAG E 5 of 11 • Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increase watering frequency when wind speeds exceed 15 MPH. Reclaimed (non-potable) water shall be used whenever possible. • All dirt stockpile areas should be sprayed daily or as needed. • Permanent dust-control measures identified in the approved revegetation/landscape plans should be implemented as soon as possible following completion of any soil-disturbing activities. • Exposed ground areas that are planned to be reworked more than one (1) month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. • All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting or other methods approved in advance by the Air Pollution Control Board (APCD). • All roadways, driveways, sidewalks and other areas to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are � used. • Vehicle speed for all construction vehicles shall not exceed 15 MPH on any unpaved surface at the construction site. • All trucks hauling dirt, sand, soil or other loose materials are to be covered or shall �maintain at least two (2) feet of freeboard (minimum vertical distance befinreen top of load and top of trailer) in accordance with CVC Section 23114. • Wheel-washers shall be installed where vehicles enter and exit unpaved roads onto streets or wash off trucks and equipment�prior to leaving the construction site. • Streets shall be swept at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed (non- potable) water should be used where feasible. • The contractor/builder shall designate a person or persons to monitor and implement these measures as necessary to minimize dust complaints, � reduce visible emissions below 20% opacity and to prevent the transport of dust off-site. The name and telephone number of such persons shall be provided to the Air Pollution Control District (APCD) prior to the start of any construction-related activities. • Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors. • Diesel idling within 1,000 feet of sensitive receptors shall not be permitted. • Use of alternative-fueled equipment is recommended whenever possible. • Signs that specify the no idling requirement shall be posted and enforced Iat the construction site. RESOLUTION NO. 10-2116 SPA 10-001 DECEMBER 7, 2010 PAG E 6 of 11 Monitoring: Plan check Responsible Party: Building Division Timeline: Prior to issuance of a building or grading permit 9. MM III-2: Prior to any grading activities, the project sponsor shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos (NOA) is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the APCD. If NOA is found at the site, the applicant must comply with all requirements outlined in the Air Resource Board � (ARB) Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying and Surface Mining Operations. Monitoring: Plan check Responsible Party: Engineering Division Timeline: Prior to issuance of a grading permit 10. MM III-3: A�I portable equipment (50 horsepower or greater) used during construction must be issued a permit by either the CARB or the APCD. Monitoring: Site inspection � Responsible Party: Building Division Timeline: During construction activities 11. MM III-4: Should hydrocarbon-contaminated soil be encountered during construction activities, the APCD shall be notified within forty-eight (48) hours of such contaminated soil being discovered to determine if an APCD permit is required. In addition, the following measures shall be implemented immediately after contaminated soil�is discovered: • Covers on storage piles shall be maintained in place at all times in areas not actively involved in soil addition or removal. • Contaminated soil shall be covered with at least six (6) inches of packed, uncontaminated soil or other TPH — non-permeable barrier such as plastic tarp. No headspace shall be allowed where vapors could accumulate. • Covered piles shall be designed in such a way as to eliminate erosion due to wind or water. No openings in the covers are permitted. • During soil excavation, odors shall not be evident to such a degree as to cause a public nuisance. • Clean soil must be segregated from contaminated soil. � Monitoring: Site inspection Responsible Party: Building Division Timeline: During construction activities RESOLUTION NO. 10-2116 SPA 10-001 DECEMBER 7, 2010 IPAG E 7 of 11 13. MM III-5: Operation of any commercial building with a loading area shall include the establishment of a `no idle' zone for diesel-powered delivery vehicles. Vehicle idling shall be minimized to the maximum extent feasible using the . following techniques: • Each delivery vehicle's engine shall be shut off immediately after arrival in the loading dock or loading area, unless the vehicle is actively maneuvering. • The scheduling of deliveries shall be staggered to the maximum extent feasible. • Vehicle operators shall be made aware of the `no idle' zone, including notification by letter to all delivery companies. • Prominently lettered signs shall be posted in the receiving dock area to remind drivers to shut off their engines. • Diesel idling within 1,000 feet of sensitive receptors is not permitted. • Use of alternative-fueled vehicles is recommended whenever possible. • Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors. Monitoring: Site inspection Responsible Party: Building Division Timeline: Prior to certificate of occupancy, periodical during operation of commercial buildings 14. IVIM V-1: Any areas where native (non-stockpiled) soil will be disturbed by construction activities (grading, footings, utilities, etc) shall first be inspected by a qualified archeologist to determine if any cultural resources are present. If cultural resources are present, a phase two archeological study shall be conducted by a qualified archeologist and further mitigation measures identified and implemented. Monitoring: Plan check Responsible Party: Engineering Division Timeline: Prior to issuance of a grading permit 15. MM VI-1: The project proponent shall submit a revised geotechnical study or addendum to the original study that either states that all conclusions and recommendations in the original report are valid or, if the original conclusions and recommendations are not valid, includes updated conclusions and recommendations where necessary. Monitoring: Plan check RESOLUTION NO. 10-2116 SPA 10-001 � DECEMBER 7, 2010 - PAGE8of11 . Responsible Party: Engineering Division Timeline: Prior to issuance of a building or grading permit 16. MM VI-2: All construction plans shall incorporate the recommendations of and updated geotechnical study based on the study prepared for the project by GSI Soils Inc. dated April 2006. Monitoring: Plan check Responsible Party: Engineering Division Timeline: Prior to issuance of a grading permit 17. MM VII-1: All construction plans shall reflect the following GHG-reducing measures where applicable. Prior to issuance of building permits, the project sponsor shall submit impact reduction calculations based on these measures to the APCD for review and approval, incorporating the following measures: • Incorporate outdoor electrical outlets to encourage the use of electric appliances and tools. • Provide shade tree planting in parking lots to reduce evaporative emissions from parked vehicles. Design should provide 50% tree coverage within 10 years of construction using low ROG emitting, low maintenance native drought resistant trees. • No residential wood burning appliances. •� Provide employee lockers and showers. One shower and 5 lockers for every 25 employees are recommended. � e Trusses for south-facing portions of roofs shall be designed to handle dead weight loads of standard solar-heated water and photovoltaic panels. Roof design shall include sufficient south-facing roof surface, based on structures size and use, to accommodate adequate solar panels. For south facing roof pitches, the closest standard roof pitch to the ideal average solar exposure shall be used. • Increase the building energy rating by 20% above Title 24 requirements. � Measures used to reach the 20% rating cannot be double counted. • Plant drought tolerant, native shade trees along southern exposures of buildings to reduce energy used to cool buildings in summer. e Utilize green building materials (materials which are resource efficient, recycled, and sustainable) available locally if possible. • Install high efficiency heating and cooling systems. • Design building to include roof overhangs that are sufficient to block the high summer sun, but not the lower winter sun, from penetrating south facing windows (passive solar design). • Utilize high efficiency gas or solar water heaters. • Utilize built-in energy efficient appliances (i.e. Energy Star�). - RESOLUTION NO. 10-2116 SPA 10�-001 DECEMBER 7, 2010 IPAGE9of11 • Utilize double-paned windows. • Utilize low energy street lights (i.e. sodium). • Utilize energy efficient interior lighting. • Install energy-reducing programmable thermostats. • Use roofing material with a solar reflectance values meeting the EPA/DOE Energy Star� rating to reduce summer cooling needs. • Eliminate high water consumption landscape (e.g., plants and lawns) in residential design. Use native plants,that do not require watering and are � low ROG emitting. � • Provide on-site bicycle parking both short term (racks) and long term (lockers, or a locked room with standard racks and access limited to bicyclist only) to meet peak season maximum demand. One bike rack space per 10 vehicle/employee space is recommended. • Require the installation of electrical hookups at loading docks and the � connection of trucks equipped with electrical hookups to eliminate the need to operate diesel-powered TRUs at the loading docks. • Provide storage space in garage for bicycle and bicycle trailers, or covered racks / lockers to service the residential units. Monitoring: Plan check Responsible Party: Planning Division Timeline: Prior to issuance of a building or grading permit 18. 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 pre-development levels. • Labelina 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 RESOLUTION NO. 10-2116 SPA 10-001 DECEMBER 7, 2010 PAGE 10 of 11 I designed to prevent run-on or run off from the area, and plumbed to drain to the sanitary sewer. � • Car Washinq. Commercial car wash facilities shall be designed and operated such that no runoff from the facility is discharged to the storm drain system. Wastewater from the facility shall discharge to the sanitary sewer or wastewater reclamation system. o 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. e Outdoor Storaqe Controls. Oils, fuels, solvents, coolants, and other chemicals stored outdoors must be in containers and protected from drainage by secondary containment structures such as berms, liners, vaults or roof covers and/or drain to the sanitary 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. • Cleanina, 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. RESOLUTION NO. 10-2116 SPA 10-001 . � DECEMBER 7, 2010 IPAG E 11 of 11 • Loading Dock Controls. Design loading docks to be covered, surrounded by berms or curbs, or constructed to prevent drainage onto or from the - area. Position roof downspouts to direct stormwater away from the loading area. 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/ParkinQ Lot Sweepinq 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. Monitoring: Plan check Responsible Party: Engineering Division . Timeline: Prior to issuance of a grading permit -- 19. MM XII-1: All store deliveries shall be restricted to between the hours of 7:00 AM to 10:00 PM, and the current parking limitations on either side of South Courtland Street shall be maintained. Monitoring: Plan check Responsible Party: Engineering Division Timeline: Prior to issuance of a building or grading permit, periodical during operation of commercial buildings 20. MM XII-2: Construction plans for any store located along the rear of Subarea 3 shall include a noise barrier, either a block wall or an extension of the store building, to be not less than twelve (12) feet above the delivery area, tapering to - a height of six (6) at the eastern property line (back of sidewalk) at a 1:1 ratio. Additionally, any residential structures that, absent the noise barrier, would have a direct line of sight to the delivery area shall include acoustical treatment to reduce exterior noise levels by thirty (30) decibels, the cost of which shall be borne by the developer of the store. Monitoring: Plan check Responsible Party: Engineering Division Timeline: Prior to issuance of a building or grading permit , � �