O 621 ORDINANCE NO. 621
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING DEVELOPMENT AGREEMENT 09 -002 TO
CONSTRUCT A MULTI - PURPOSE RECREATION CENTER ON A
PROPERTY LOCATED AT THE CORNER OF WEST BRANCH STREET
AND OLD RANCH ROAD
WHEREAS, space devoted to indoor recreation court facilities are limited in the City of
Arroyo Grande and are currently used at full capacity; and
WHEREAS, the Five Cities Community Service Foundation seeks to develop a two story,
53,712 square feet recreation center that includes areas for court games, multipurpose
rooms and offices; surface parking facilities; and wall signs totaling 142 square feet; and
WHEREAS, the City of Arroyo Grande, owns an approximately 5 -acre parcel on the corner
of West Branch Street and Old Ranch Road which is zoned as Public Facilities; and
WHEREAS, a development agreement is a contractual agreement which specifies the
intensity, timing and conditions of development of real property; and
WHEREAS, development agreements are used to provide an enhanced degree of
certainty in the development process for both the property owner /developer and the public
agency; and
WHEREAS, due to the long -term fundraising efforts needed for a project of this type and
the importance of a recreational facility of this nature to the community, the 5 Cities
Community Foundation is pursuing a Development Agreement with the City of Arroyo
Grande; and
WHEREAS, Municipal Code Section 16.16.150 addresses development agreements; and
WHEREAS, the City's Architectural Review Committee has reviewed the proposed
recreation center at their meetings of January 11, 2010; and
WHEREAS, pursuant to Municipal Code Section 16.16.150, a duly noticed public hearing
was held by the Planning Commission on February 16, 2010; and
WHEREAS, pursuant to Municipal Code Section 16.16.150, the Planning Commission, on
February 16, 2010 adopted a resolution recommending that the City Council approve a
development agreement for the recreation center; and
WHEREAS, pursuant to Municipal Code Section 1616.150, after consideration of all
testimony and all relevant evidence, the City Council has determined that the following
findings of fact can be made in an affirmative manner:
ORDINANCE NO. 621
PAGE 2
a) 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;
b) 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;
c) The development agreement is in conformity with public convenience,
general welfare, and good land use practice;
d) The development agreement will not be detrimental to the health, safety,
or general welfare;
e) 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, THE CITY COUNCIL OF THE CITY OF ARROYO DOES ORDAIN
AS FOLLOWS:
SECTION 1: The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2: The City Council adopts the Mitigated Negative Declaration.
SECTION 3: The City Council hereby approves the Development Agreement with the 5
Cities Foundation as set forth in Exhibit "A ".
SECTION 4: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text
of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen
(15) days after adoption of the Ordinance, the summary with the names of those City
Council members voting for and against the Ordinance shall be published again, and the
City Clerk shall post a certified copy of the full text of such adopted Ordinance. This
Ordinance shall take effect and be in full force and effect thirty (30) days after its passage.
SECTION 5: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 6: If any section, subsection, sentence, clause, or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional by a decision of any court of competent
ORDINANCE NO. 621
PAGE 3
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance
and each and every section, subsection, sentence, clause, or phrase not declared invalid
or unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
On motion of Council Member Fellows, seconded by Council Member Guthrie, and on the
following roll call vote to wit:
AYES: Council Members Fellows, Guthrie, Costello, and Mayor Ferrara
NOES: None
ABSENT: Arnold
the foregoing Ordinance was adopted this 13 day of April 2010.
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ORDINANCE NO. 621
PAGE 4
T F ,MAYOR
ATTE T:
KELL
WMORE, CITY CLERK
APPROVED AS TO CONTENT:
1r
STE N ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIM . MEL, CITY ATTORNEY
EXHIBIT A
RECORDING REQUESTED
BY AND WHEN
RECORDED RETURN TO:
City of Arroyo Grande
Attn: City Clerk
PO Box 550
Arroyo Grande, CA 93421 FOR RECORDER'S USE ONLY
DEVELOPMENT AGREEMENT
(NO RECORDING FEE -- EXEMPT)
THIS DEVELOPMENT AGREEMENT (this "Agreement ") dated as of this day of
, 2010 (the "Effective Date "), by and between the City of Arroyo Grande ( "City "),
a municipal corporation, and 5 Cities Community Services Foundation ( "5 Cities
Foundation "), a California non - profit corporation.
RECITALS
WHEREAS, City is the owner of a real property located at 400 West Branch Street in
the City of Arroyo Grande, State of California and legally described in Exhibit A, at-
tached hereto and incorporated herein by this reference (hereinafter referred to as the
"Property ");
WHEREAS, on November 14, 2006, the parties entered into a Lease Agreement (the
"Lease "), a copy of which is on file at the Office of the City Clerk, located at 214 E.
Branch Street and incorporated herein by this reference, leasing the Property to 5 Cities
Foundation for a term of fifty (50) years automatically renewing for an additional year
after each January 1; and
WHEREAS, the purpose of the Lease is for 5 Cities Foundation to construct and
operate a community sports and recreational center (the "Project "); and
WHEREAS, the City Council finds that construction and operation of the Project
provides a significant overall public benefit for the community by providing valuable
recreational facilities; and
WHEREAS, to strengthen the public planning process, encourage private participation
in comprehensive planning and reduce the economic risk of development, the
Legislature of the State of California enacted California Government Code § 65864; and
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WHEREAS, City, in order to accomplish the same, enacted Arroyo Grande Municipal
Code § 16.16.150, setting forth the required process for reviewing, processing and
approving development agreements; and
WHEREAS, City published a notice of intention to consider adoption of this Agreement
pursuant to Government Code Sections §§ 65090 and 65091 and duly held a public
hearing; and
WHEREAS, by this Agreement, the City intends to provide 5 Cities Foundation certain
assurances with respect to development of the Project in an effort to reduce the
economic costs of development of the Project, encourage investment and provide
maximum efficient utilization of resources at the least economic cost to the public;
WHEREAS, the City finds the following:
a. This Agreement is consistent with the goals, objectives, policies, general
land uses and programs specified in the General Plan.
b. This Agreement is compatible with the uses authorized in, and the
regulations prescribed for, the Community Facilities district in which the
Project is located.
c. This Agreement is in conformity with public convenience, general welfare
and good land use practice.
d. This Agreement will not be detrimental to the health, safety or general
welfare.
e. This Agreement will not, in respect to the Property, or any other property,
adversely affect the orderly development thereof or the preservation of
property values; and
WHEREAS, pursuant to Ordinance No. , the City approved this Agreement with 5
Cities Foundation, setting forth the conceptual plans and conditions of approval, the
permitted uses of the Property, design guidelines, density or intensity of use, and the
maximum height and size of building.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is acknowledged, City and 5 Cities
Foundation agree as follows:
2
Section 1. Recitals. The above recitals are hereby incorporated into the body of this
Agreement as though set forth in full herein.
Section 2. Term and Periodic Review.
a. This Agreement shall be effective immediately upon the Effective Date
and shall expire ten (10) years from funding budgeted for, and California
Department of Transportation's ( "CalTrans ") approval of, the Brisco/
Halcyon interchange project, unless otherwise extended by City in writing
pursuant to Section 7.
b. City shall, not Tess than every twelve (12) months from the Effective Date,
comprehensively review 5 Cities Foundation's efforts to comply with the
terms and conditions of this Agreement.
Section 3. Development Entitlements. For the term of this Agreement, the Project is
hereby approved, pursuant to the Project concept plans presented to the Arroyo Grande
City Council on March 9, 2010 and on file in the Community Development Department,
located at 214 E. Branch Street, and subject to the terms and conditions set forth herein
and in Exhibit "B" attached hereto and incorporated herein by this reference.
a. The Project shall include an approximately 53,712 square foot recreational
facility (the "Facility "), for use as a sports courts, multi - purpose rooms and
offices. The Facility shall be divided into two (2) separate building areas
with a "non- separated occupancy" including 37,692 square feet of sports
courts and a mezzanine running track, and a 15,572 square foot multi-
purpose building.
b. The Facility shall not exceed a height of forty eight feet, 2 inches (48'2 ").
c. 5 Cities Foundation shall construct a minimum of 179 parking spaces.
d. Hours of operation of the Facility shall be limited from 7 am to 10 pm
seven (7) days per week.
e. City shall enter into a shared parking agreement with the Women's Club
and City of Arroyo Grande Community Center for overflow parking of the
Facility.
f. Final design shall be coordinated with and accommodate the final design
of the proposed interchange at Old Ranch Road and West Branch Street
as part of the Brisco Interchange Improvements.
g. No construction shall take place until the City's Interim Urgency Ordinance
No. 618 has expired.
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h. No construction shall take place until the Brisco interchange
improvements are approved by the City and Caltrans and funding is
budgeted.
i. 5 Cities Foundation shall commence construction of the Project within five
(5) years of approval and funding of the Brisco interchange improvements.
j. City shall have the right of first refusal to be the operator of the facility. If
the City chooses to operate the facility, the City would be required to pay
all operational costs of the Facility, but would not be required to pay any
fee to 5 Cities Foundation or any reimbursement for construction costs.
The entitlements set forth above will include various additional conditions and
requirements including, but not limited to additional discretionary and ministerial
approvals, with which 5 Cities Foundation will be required to comply in order to develop
the Property and construct and operate the Project. Such approvals shall be reviewed
and approved in accordance with the City of Arroyo Grande Municipal Code, California
Environmental Quality Act and all other applicable local, state and federal laws and
regulations.
Section 4. Vested Right. 5 Cities Foundation shall have a vested right to develop the
Project in accordance with this Agreement.
Section 5. Fees. City shall waive all fees, including, but not limited to development
impact, building permit, plan check, inspection, water and sewer connection fees,
encroachment permit, improvement plan, application and processing or other City
development related fees.
Section 6. Referendum. The parties acknowledge that City's approval of this Agreement
is a legislative act subject to referendum.
Section 7. Amendment or cancellation. This Agreement may be amended, or canceled
in whole or in part, by mutual written consent of the parties subject to compliance with
Arroyo Grande Municipal Code Section § 16.16.150.F.2. Notice of intention to amend or
cancel any portion of the Agreement shall be given in a manner provided by
Government Code Section § 65867.
Section 8. Environmental Compliance. A Mitigated Negative Declaration has been
created, reviewed and adopted for the project. Mitigation measures to reduce impacts to
less than significant levels have been created related to biological resources,
utilities /service systems, hydrology /water quality, noise, air quality, and geology /soils.
These mitigation measures will be monitored by the City of Arroyo Grande and must be
completed by the 5 Cities Foundation per the Mitigated Negative Declaration.
4
Section 9. Attorneys' Fees, Costs, and Expenses. In any litigation, arbitration, or other
proceeding in law or equity by which one party to the Agreement seeks to enforce its
rights under the Agreement, to resolve an alleged dispute, breach, default, or misrepre-
sentation in connection with any of the provisions of this Agreement, to seek a declara-
tion of any rights or obligations under this Agreement, or to interpret the provisions of
this Agreement, the prevailing party shall be entitled to recover from the losing party ac-
tual attorneys' fees incurred to resolve the dispute and to enforce the final judgment,
award, decision, or order and such fees, costs; or expenses shall be in addition to any
other relief to which the prevailing party may be entitled.
Section 10. Notices. To be effective, all notices, requests, demands, and other commu-
nications required or permitted under this Agreement shall be in writing and shall be de-
livered either in person or by certified mail, postage prepaid, return receipt requested.
Notice is deemed effective on delivery if served personally on the party to whom notice
is to be given and delivery is confirmed by a receipt. Notice is deemed effective on the
second day after mailing if mailed to the party to whom notice is to be given, by first
class mail, registered or certified, return receipt requested, postage prepaid, and proper-
ly addressed as set forth below. Any correctly addressed notice that is refused, un-
claimed, or undeliverable because of an act or omission of the party to be notified shall
be deemed effective as of the first date that said notice was refused, unclaimed, or
deemed undeliverable by the postal authorities. The addresses for purposes of giving
notice are as set forth below but each party may change its address by written notice in
accordance with this paragraph.
If to FIVE CITIES FOUNDATION: Five Cities Community Service Foundation
400 West Branch Street
Arroyo Grande, CA 93421 -0633
If to CITY: City of Arroyo Grande
Attn: City Manager
P.O. Box 550
Arroyo Grande, CA 93421 -0550
Section 11. Authorizations. All officers and individuals executing, this and other docu-
ments on behalf of the respective parties do hereby certify and warrant that they have
the capacity and have been duly authorized to so execute said documents on behalf of
the entity so indicated.
Section 12. Headings and Captions. The captions and headings of this Agreement are
inserted for convenience only and shall not be deemed a part of this Agreement and
shall not be used in interpreting this Agreement or in determining any of the rights or ob-
ligations of the parties to this Lease.
5
Section 13. Severability. If any term, provision, covenant, or condition of this Agreement
shall be or become illegal, invalid, null, void, unenforceable, or against public policy, in
whole or in part, or shall be held by any court of competent jurisdiction to be illegal,
invalid, null, or void, or against public policy, the term, provision, covenant, or condition
shall be deemed severable, and the remaining provisions of this Agreement shall re-
main in full force and effect and shall not be affected, impaired, or invalidated. The term,
provision, covenant, or condition that is so invalidated, voided, or held to be unenforce-
able shall be modified or changed by the parties to the extent possible to carry out the
intentions and directives set forth in this Lease.
Section 14. Counterpart Execution. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which together shall constitute
one and the same instrument.
Section 15. Entire Agreement. This Agreement constitutes the final, complete, and ex-
clusive statement of the terms of the agreement between the parties pertaining to the
Agreement and supersedes all prior and contemporaneous agreements, promises, re-
presentations, warranties, understandings, or undertakings by either of the parties, ei-
ther oral or written, of any character or nature. No party has been induced to enter into
this Agreement by, nor is any party relying on, any representation or warranty outside
those expressly set forth in this Lease.
Section 16. Ambiguities. Each party and its counsel have participated fully in the review
and revision of this Lease. Any rule of construction to the effect that ambiguities are to
be resolved against the drafting party shall not apply in interpreting this Lease.
IN WITNESS WHEREOF, the parties have executed this Agreement which shall be
deemed effective as of the first date set forth above.
[Signatures on following page]
6
CITY OF ARROYO GRANDE
BY:
Tony Ferrara, Mayor
Date:
Attest:
Kelly Wetmore, City Clerk
Date:
As Approved to form:
Timothy J. Carmel, City Attorney
Date:
5 CITIES COMMUNITY SERVICES
FOUNDATION
By:
Its:
Date:
7
EXHIBIT A
Order Number: 4001 - 3308678 (U)
Page Number: 6
LEGAL DESCRIPTION
Real property in the City of Arroyo Grande, County of San Luis Obispo, State of California,
described as follows:
Parcel 1 of Parcel Map AG 87 -203, in the City of Arroyo Grande, County of San Luis Obispo, State
of California, according to map recorded March 21, 1989 in Book 44, Page 96 of Parcel Maps.
Excepting therefrom an undivided 5 /12ths interst in and to all oil, gas and other hydrocarbon
substances produced on said land as reserved by William Quaresma, Joseph Quaresma, Edward
Quaresma, Eveline Lovaa, formerly Eveline Quaresma, Ernest Olive and Lucille Olive Simas, in
deed dated Janaury 3, 1952 and recorded Janaury 28, 1952 in Book 643, Page 426 of Offidal
Records.
APN: 007 -011 -044
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First American Title
EXHIBIT "B"
CONDITIONS OF APPROVAL
DEVELOPMENT AGREEMENT 09 -002
THE CORNER OF WEST BRANCH STREET
AND OLD RANCH ROAD
This Agreement authorizes the construction of a two story, 53,712 square foot recreation
center that includes areas for court games and multipurpose rooms and offices; surface
parking facilities; and wall signs totaling 142 square feet.
PLANNING DIVISION
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 Development
Agreement 09 -002.
3. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at its meeting of February 16, 2010 and marked Exhibit
„
4. Development shall conform to all applicable development standards for the
Public Facility (PF) zoning district except as otherwise approved.
5. 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 altemative, to relinquish such approval. The applicant shall reimburse the City,
its agents, officers, or employees, for any court costs and attomey'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
Vernon Street, and on Old Ranch Road from West Branch Street to the northerly
side of the project site.
9. Install a wheel chair ramp at the corner of Old Ranch Road and West Branch
Street.
10. Install street lights along West Branch Road and Old Ranch Road to City
Standards.
11. 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. Connect fire hydrants and fire and domestic water services to the existing 12"
PVC waterline located along the easterly edge of the site.
14. 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. Connect the on -site storm water collection facilities to the storm drain on West
Branch Street.
17. Maintain post - development peak run -off rate and average volume of run -off at
levels that are similar to pre - development levels.
18. 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.
19. 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. 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.
22. Provide fire sprinklers per NFPA 13 and the California Fire Code, include an
appropriate coverage for the Kitchen area.
23. Provide a remote Fire Department connection so as to be within 50 feet of a
hydrant.
24. 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. This building will require an emergency voice/ alarm communications system per
NFPA 72. This will necessitate the inclusion of emergency power for that system.
27. Provide an all weather surface for fire department access around the perimeter of
the building.
ARCHITECTURAL REVIEW COMMITTEE
28. Windows on the north side shall be added at the approximate eye level of the
jogging mezzanine.
29. Tall fast - growing trees shall be planted along Old Ranch Road to screen /mask
that portion of the roofline from the residences above.
30. Monument signs at the entrances are deemed acceptable, but need review by
ARC before execution.
31. 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. Add additional street level signage to minimize the chance of people missing the
building and driving up Old Ranch Road.
35. The metal roof shall be reviewed by Architectural Review Committee before
issuance of a building permit.
36. The applicant shall consider the possibility of the Branch Street sidewalk being
relocated away from the street.
37. The trees to be removed shall be tagged; and Commissioner Barneich and the
City Arborist shall be consulted on the necessity for their removal.
38. Unnecessary wording regarding carwash facilities shall be removed from
Mitigation Measure VII -I.
MITIGATION MEASURES:
MM III -1
Naturally Occurring 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 any grading activities at the site, the project
proponent shall ensure that a geologic evaluation is conducted to determine if NOA is
present within the area that will be disturbed. If NOA is not present, an exemption
re • uest must be filed with the District see Attachment 1 . If NOA is found at the site the
applicant must comply 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 .orq /business/asbestos.asp for more information or contact the APCD
Enforcement Division at 781 -5912.
MM III -2
Developmental Burning
Effective February 25, 2000, the APCD prohibited developmental burning of vegetative
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 utility pipelines are scheduled for removal or relocation; or
buildin • s are removed or renovated this • ro'ect ma be sub'ect to various re•ulato
jurisdictions, including 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
781 -5912 for further 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 project is near potentially sensitive receptors (residences and a
school) and shall be conditioned to comply with all applicable Air Pollution
Control District regulations pertaining to the control of fugitive dust (PM10) as
contained in section 6.5 of the Air Quality Handbook. All site grading and
demolition plans noted shall list the following regulations:
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,
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
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 grading of the area.
MM III -5
Construction Permit Requirements
Based on the information provided, we are unsure of the types of equipment that may
be present during the project's construction 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 project, please contact the
APCD Engineering Division at (805) 781 -5912 for specific information regarding
permitting requirements.
MM III -6
Diesel Idling 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:
a. Idling Restrictions Near Sensitive Receptors 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 altemative 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. Idling 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.qov /msproq /truck - idling /2485.pdf.
c. Idling 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 /ord ies107 /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
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 Nitrogen 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 11
significance threshold value of 25 lbs/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 eight (8) APCD
Mitigation Measures listed in Table 3 -5 of the 2009 CEQA Air Quality Handbook
(see Attachment 2). Implement measures that reduce Ozone (0) pollution and
apply 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 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 Wilmer Avenue Fault.
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 Cleaning. 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.
• Outdoor Storage 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.
• Cleaning, Maintenance and Processing 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.
• 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/parking lot Sweeping: Implement a program to regularly
sweep streets, sidewalks and parking Tots 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 between 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
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).
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 621 which was
introduced at a regular meeting of the City Council /Redevelopment Agency on
March 23, 2010; was passed and adopted at a regular meeting of the City
Council of the City of Arroyo Grande on the 13 day of April 2010; and was duly
published in accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14
day of April 2010.
/ / f1t
KELLY ET • RE, CITY CLERK