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 ,
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