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HomeMy WebLinkAboutMINUTES - 10282003 - D5 TO: BOARD OF SUPERVISORS Y :k Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: October 28, 2003 SUBJECT: CONDITIONS OF APPROVAL FOR A LAND USE PERMIT FOR AN APPROXiMATLY 40,300 SQUARE FOOT YMCA FACILITY WITH OUTDOOR POOL,AIRNASIUM AND OUTDOOR SPORTS COURT. SUBJECT PROPERTY IS APPROXIMATELY 12.4 ACRES AND IS LOCATED TO THE EAST OF DANVI'LLE BOULEVARD AND IS ACCESSED THROUGH AN EASEMENT ON LEWIS LANE IN THE ALAMO AREA. (SAN RAMON VALLEY YMCA—APPELLANTS AND APPLICANT) (District Ill) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: A. FIND that the Environmental Impact Report with the attached Errata has been completed in compliance with CEQA and with the State and County CEQA Guidelines. if r, nt CONTINUED ON ATTACHMENT: X YES SIGNATURE _. 4._'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURESQi- �Lwz�f� i ACTION OF BOARb ON October 28, 2003 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE AND X UNANIMOUS(ASSENTNone ) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ASSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Aruna Bhat(925)335-1219 ATTESTED October 28, 2003 cc:San Ramon YMCA JOHN SWEETEN, CLERK OF THE BOARD OF Barbara Clancy SUPERVISORS AND COUNTY.ADMINISTRATOR Public Works Mark Armstrongs DEPUTY S Date of Board of Supervisors Hearing Board of Supervisors File#LP992025 Page 2 B. FIND that the Final EIR with the attached Errata was presented to the Board of Supervisors and the Board of Supervisors reviewed and considered the information contained in the Environment Impact Report prior to making a decision on the project. C. FIND that the Final Environment Report reflects the County's independent judgment and analysis. D. UPHOLD the Zoning Administrator's approval of the land use permit application with variances subject to the Conditions of Approval as modified by the Board at the October 21,2003 hearing and included in this report and adopt the findings in Resolution 13-2003 as the basis for the Board's actions provided, however,the findings relating to transportation circulation are based also on the attached information and analysis provided in the Errata. E. GRANT the appeal of San Ramon Valley YMCA. F. ADOPT the Mitigation Monitoring Program. G. DIRECT the Community Development Director to incorporate the Errata by margin notes into the Final Environmental Impact Report. H. DIRECT the Community Development Director to file a Notice of Determination with the County Clerk. FISCAL IMPACT: All costs for the land use permit processing are borne by the applicant. BACKGROUND INFORMATION; The appeal of the land use permit was heard by the Board of Supervisors on October 21, 2003. The Board took extensive testimony at that meeting, closed the public hearing and declared their intent to approve the land use permit with several modifications to the Conditions of Approval. The Board directed staff to bring the project back to them with the modified Conditions of Approval. These modifications are shown in underline. CONCLUSION: Staff recommends that the Board of Supervisors approve the attached Conditions of Approval, approve the project as identified in the recommendation above. G:CurPlan/Board/Board Orders/LP992025-BOARD Order 10/28/03 1 1 t 1 Aft MF 1 1 CONDITIONS OF APPROVAL FOR COUNTY FILE #LP992025 WITH MODIFICATIONS PROPOSED BY BOARD OF SUPERVISORS AT THE OCTOBER 21, 2003 HEARING (Shawn in Underline) 1. �® Development is approved as shownn on revised plans dated January 14, 2002, subject to final review and approval by the County Zoning Administrator prior to the issuance of a building permit and subject to the conditions listed below and the mitigation monitoring program. 2. Prior to the issuance of a building permit, elevations and architectural design of the building and the proposed climbing tower shall be subject to the final review and approval by the County Zoning Administrator at a noticed public hearing in the area. The roofs and exterior walls of the buildings shall be free of such objects as air conditioning or utility equipment, television aerials, etc., or screened from view. 3. This approval is based upon the exhibits received by the Community Development Department listed as follows; A. Exhibit A - Revised Site Development Plan dated January 14, 2002 prepared by Alquoit on file with the Community Development Department. The approval is also based upon the following reports B. Preliminary Geotechnical exploration dated March 15, 1999 prepared by ENOEO Incorporated and Geotechnical Exploration dated April 18, 2002 on file with the Community Development Department. 2 C. Tree Preservation Report prepared by HortScience, Inc. and dated received April 14, 1999 by the Community Development Department. D. Preliminary Wetland Delineation report dated May 143 1999 prepared by Sycamore Associates LLC and on file with the Community Development Department. 4. Approval is granted to allow for variances to setbacks/parking standards that meet the requirements of Section 26-2.2006 of the County Ordinance Code as follows: 25' front setback required by zoning ordinance. 0' front setback approved for the bridge .Maximum 3' retaining walls permitted zoning ordinance in side and rear setback. Maximum 12'6" retaining walls approved. 28' parking aisle required by zoning ordinance. 26' parking aisle approved. 5. At least 10 days.prior to hosting a special event the applicant shall send a courtesy notice to residents within 300' radius from the subject property, to the Alamo Improvement Association, County R-7A and to the Contra Costa County Community Development Department. 6. Special events shall be limited to a maximum of five per year, shall not exceed two consecutive days and shall be limited to daylight hours. Weekend special events shall be limited to 9 AM to 5 PM. 7. The applicant shall ensure that during special events adequate private shuttles be made available to patrons 3 from carpool areas on Rudgear Road or Sycamore Valley Road. 8. Traffic safety officers are required to be on the YMCA facility to enforce parking requirements and traffic safety during special events. 9. Prior to the issuance of the final building permit, the applicant shall provide an 8' paved path on the north side of Lewis Lane subject to the review and approval of the Zoning Administrator at a noticed public hearing in the area. A landscape plan for this area shall also be submitted for the review and approval of the Zoning Administrator at a noticed. public hearing in the area. The landscaping shall consist of a variety of 15-gallon trees and 5-gallon shrubs with groundcover. The applicant is responsible to maintain the landscape, consistent with the recorded Grant of Easement and Agreement to Improve, Maintain and Repair the northerly easement area. 10. The applicant shall install a 6' decorative wall along the north side of the Lewis Lane easement prior to the issuance of the final building permit. The design and location of the wall shall be subject to review and approval of the Zoning Administrator. 11. w No childcare programs are permitted to be operated at the facility except on-site care for children when members use the facility. 12. - All outdoor activities of the facility shall end at 9 PM. The facility may be open until 10 PM for other indoor activities. Weekend activities shall be limited to 7 AM — 5 PM. 13. This application is subject to an initial application fee of $ 10,000 which was paid with the application submittal, plus time and material costs if the application review expenses exceed 100% of the initial fee. Any additional 4 fee due must be paid within 60 days of the permit effective date or prior to use of the permit whichever occurs first. The fees include costs through permit issuance plus five working days for file preparation. The applicant may obtain current costs by contacting the project planner. if you owe additional fees, a bill will be sent to you shortly after permit issuance. 14. A parking plan shall be submitted for review and approval by the Zoning Administrator prior to issuance of building permits. The plan shall include the following requirements. The parking plan received on April 14, 1999 is approved subject to the following requirements; A. A minimum of 160 parking spaces shall be provided. B. Perimeter parking spaces may utilize an overhang into landscape areas (1'6" maximum). C. All parking spaces shall be double striped. D. Parking and driveway areas shall be paved so as to prevent dust and ponding of water. E. Handicapped spaces and compact car stalls shall be appropriately identified. 15. The applicant shall provide information on carpooling in a newsletter or other appropriate manner at least annually to all members stressing the importance of carpooling and explaining that if the number of vehicles coming to the YMCA facility during peak hours increased, then various mitigation measures have to be implemented. A minimum of five parking spaces shall be available for carpools during the hours of 7 — 9 AM and 4 -- 6 PM. 5 16. ®� To assure protection and/or reasonable replacement of existing trees to be preserved which are in proximity to project improvements, the applicant shall post a bond (or cash deposit or other surety) for the required work with the Community Development Department. The term of the bond shall extend at least 24 months beyond the completion of construction. Prior to posting the bond or deposit, a licensed arborist shall assess the value of the trees and reasonable compensatory terms in the event that a tree to be preserved is destroyed or otherwise damaged by construction-related activity. The tree-bonding program shall be subject to the review and approval of the Zoning Administrator. 17. A final landscaping and irrigation plan for all areas shown on the plan shall be submitted for review and approval of the Zoning Administrator at least 30 days prior to issuance of building permits. A cost estimate shall be submitted with the landscaping program plan. Landscaping shall conform to the County Water Conservation Landscape Ordinance 82-26 and shall be installed prior to approval of final building permit. The plan shall be prepared by a licensed landscape architect and shall be certified to be in compliance with the County Water Conservation Ordinance. 18. California native drought tolerant plant or tree shall be used as much as possible. All trees shall be a minimum 15-gallon size, all shrubs shall be a minimum 15-gallon size, except as otherwise noted. 19. The applicant shall provide additional landscape planting, berming, masonry walls or heavy wood fence or a combination of both to obscure the view of parking from the adjacent properties at the property lines. Heavy landscape planting shall be installed to screen parking areas from view from Hap McGee Park on the south side of the project site. Prior to the issuance of a building permit, revised plans showing landscaped parking areas shall be submitted for review and approval by the Zoning 6 Administrator. All work must be completed prior to issuance of final building permit. 20. The design, color and location of any project sign at the entrance to the property shall be reviewed and approved by the Zoning Administrator. 21. A sample section and color of the proposed retaining walls shall be submitted. Retaining walls colors shall be a muted earth-tone color. 22. Exterior lights shall be deflected so that lights shine onto applicant's property and not toward adjacent properties. 23. Contractor and/or developer shall comply with the following construction, noise, dust and litter control requirements: A. All construction activities shall be limited to the hours of 7:30 A.M. to 5:30 P.M., Monday through Friday, and shall be prohibited on Saturdays, Sundays and on state and federal holidays. B. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air compressors and concrete pumpers as far away from existing residences as possible. C. At least one week prior to commencement of grading, the applicant shall post the site and mall to the owners of property within 300 feet of the exterior boundary of the project site notice that construction work will commence. The posted and mailed notices shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list 7 shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of individuals responsi- ble for noise and litter control, tree protection, construction traffic and vehicles, erasion control, and the 24-hour emergency number, shall be ex- pressly identified in the notice. The notice shall be re-issued with each phase of major grading and construction activity. A copy of the notice shall be concurrently transmitted to the Community Development Department. The notice shall be accompanied by a list of the names and addresses of the property owners noticed, and a map identifying the area noticed. D. A dust and litter control program shall be submitted for the review and approval of the Zoning Administrator. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage, Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond has been posted. E. The applicant shall make a good-faith effort to avoid interference with existing neighborhood traffic flows. This shall include provision for an on-site area in which to park earth moving equipment. F. Transporting of heavy equipment and trucks shall be limited to weekdays between the hours of 9:00 AM and 4:00 PM and prohibited on Federal and State holidays. G. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 8 24. No loudspeakers or amplified music shall be permitted outside the enclosed building. Mitigation Measures 25. _ At least 30 days prior to the issuance of the building permit, the applicant shall submit a plan showing. the bicycle parking facilities, for the review and approval of the Zoning Administrator. (MM III.B.3) 26. Applicant shall comply with the following construction dust control measures: X Water all active construction areas at least twice daily. X Watering or covering of stockpiles of debris, soil, sand or other materials that can be blown by the wind. X Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. X Pave, apply water three times daily, or apply non- toxic soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. X Sweep daily preferably with water sweepers all paved access road, parking areas and staging areas at construction sites. X Sweep streets daily preferably with water sweepers if visible soil material is carried. onto adjacent public streets. X Hydroseed or apply non-toxic soil stabilizers to inactive construction areas previously graded areas inactive for ten days or more. X Enclose, cover, water twice daily or apply non- toxic soil binders to exposed stockpiles dirt, sand, etc. X Limit traffic speeds on unpaved roads 15 mph, 9 X Install sandbags or other erosion control measures to prevent silt runoff to public roadways. X Replant vegetation in disturbed areas as quickly as possible. (MM III.C.1) 27. poise from the access road and parking lot shall be reduced through either site grading (berm) and/or construction of a noise barrier, that would break the line of sight between the YMCA facility and the residences located in Zone A, as identified in figure III.D.1 of the Draft Environmental Impact Report. A 6' sound wall along the access road is required. Calculations shall be provided by the applicant verifying that the berm, or barrier, will achieve at least a 4 dB reduction in noise for the residences located in Zone A. At least 30 days prior to obtaining a building permit, the applicant shall submit a report prepared by an acoustical engineer for the review and approval of the Zoning Administrator. (MM III.D.1) 28. _ The design of the airnasium, and basketball courts shall include acoustical shielding along the western sides of these facilities between the facilities and the residences in Zone C as identified in figure III.D.1 of the Draft Environmental Impact Report. This may be accomplished through grading or construction of a noise barrier. At least 30 days prior to obtaining a building permit, the applicant shall submit a report to the Zoning Administrator prepared by an acoustical engineer verifying that site grading for barrier achieves at least a 5 dB reduction in noise for the residences located in Zone C. The barrier shall be constructed prior to occupancy of the facility. (MM III.D.2) 29. Noisy stationary equipment shall be located away from residential areas. All construction equipment shall be in good working order and mufflers shall be inspected for proper functioning. In addition, the project applicant shall designate a construction noise coordinator. This coordinator shall be available to respond to complaints io from neighbors and be responsible for appropriate measures to reduce the offending noise. (MM II1.D.3) 30. _ The applicant shall follow all recommendations included in the tree replacement report prepared by HortScience (1999). (MM III.E.2) Design 31. _ Any plan that could affect trees shall be reviewed by the applicant's arborist prior to implementation. Examples of plans include, but are not limited to improvement plans, utility and drainage plans, grading plans, landscape and irrigation plans and demolition plans. The arborist shall recommend any necessary measures to minimize or avoid impacts to trees not indicated for removal. The applicant shall comply with those recommendations. 32. The Arborist shall identify a Tree Protection Zone for trees to be preserved in which no soil disturbance is permitted. For design purposes, the Tree Protection Zone shall be defined by the dripline. If grading must encroach within the dripline, the project sponsor's arborist will determine if a smaller Tree Protection Zone is possible, subject to the approval of the Zoning Administrator. 33. Site and Grading Plans shall be modified to prevent any intrusion within the Tree Protection Zone of trees to be preserved. 34. Prior to any construction activity including grading, the Consulting Arborist will prepare a Tree Fencing Plan, detailing the location of all protective fencing. 35. No underground services including utilities, sub-drains, water or sewer shall be placed in the Tree Protection Zone. 11 3b. _ Tree Preservation notes shall be included on all plans. 37. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. 38. Irrigation systems must be designed so that no trenching will occur within the Tree Protection Zone. Pre-construction 39. All trees to be retained shall be fenced to completely enclose the Tree Protection Zone prior to clearing, grubbing, or grading. Fences shall be 6-ft. chain link or equivalent as approved by consulting arborist. Fencing shall be placed at the dripline. Fences are to remain until all grading and construction is completed. 40. Trees shall be pruned, based on a certified arborist's recommendation, to remove dead, decadent, or otherwise unhealthy or unsafe limbs. Healthy limbs should not be pruned if they are not deemed unsafe. During Construction 41. No grading, construction, demolition or other work shall occur within the Tree Protection Zone. Any modifications must be approved by the Zoning Administrator and monitored by the Consulting Arborist. 42. _ Roots greater than two inches in diameter which are encountered during grading or trenching for utilities shall be severed cleanly with a saw, rather than torn by grading equipment. 43. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the Tree Protection Zone. 12 44. Any additional tree pruning needed for clearance during construction must be performed by a Certified Arborist and not by construction personnel. 45. � At least 30 days prior to obtaining a building permit, the applicant shall submit a re-vegetation plan for the review and approval of the Zoning Administrator. 46. At least 30 days prior to any construction activity, the applicant shall submit evidence to the satisfaction of the Zoning Administrator that USFWS requirements regarding the red-legged frogs have been met. (MM 11LE.4a) 47. The applicant shall conduct pre-construction surveys for the western pond turtle within 48 hours of proceeding with any site grubbing, grading, or construction. If western pond turtles are identified during the pre- construction surveys they shall be moved out of the construction zone to suitable habitats along San Ramon Creek. The applicant shall consult with the USFWS and CDFG and provide evidence to the satisfaction of the Zoning Administrator. (MM III.E.4b) 48. If the applicant proposes to undertake construction between February 15 and August 31 (the nesting period for the species mentioned below), the applicant shall conduct pre-construction nesting surveys for the Cooper's hawk, sharp-shinned hawk, loggerhead shrike, yellow warbler, and California horned lark between the dates of May 1 to June 1. If any of these birds are identified nesting on the project site, the mitigation measures identified in Appendix G of the DEIR for this project shall be implemented. (TMM III.E.4c) 49. If the applicant proposes to undertake construction between February 15 and August 31 (the nesting period for the species mentioned below), the applicant shall conduct pre-construction nesting surveys for the red shouldered hawk, red-tailed hawk, and white-tailed kite 13 between the dates of April 15 to May 15. If any of these birds are identified nesting on the project site, the mitigation measures identified in Appendix G of the DEIR for this project shall be implemented. (MM II1.E.4d) 50. The landscaping for the project site shall include native plant species, thereby limiting the need for fertilizer. (MM III.F.3a) 51. The applicant shall make best efforts to utilize alternative means for pest control, such as Integrated Pest Management (IPM). (, M III.F.3b) 52. _ Chlorine and other chemicals used for pool maintenance shall be stored in a manner so that accidental spills of this material can be contained without running onto permeable areas (e.g. concrete-lined floor storage area). Pool areas shall be surrounded by impervious surfaces such as concrete so as to contain pool water and accidental spills of pool-chemicals from running onto permeable areas. (MM 1H.F.3c) 53. — To mitigate the shaking effects of an earthquake, all structures should be designed using sound engineering judgment and the latest (1997) Uniform Building Code (LTBC) requirements as a minimum. (MM III.G.1) 54. Any substantial cutting into slopes on the eastern side of the site shall be adequately retained with a below-grade retaining wall located at the top of the cut, between the parking area curb and 1-680. The applicant shall implement recommendations relating to the cut slope retaining wall contained in the geotechnical investigation report prepared by Engeo Incorporated, dated April 18, 2040 to ensure that implementation of the project will improve the stability of this slope. 55. _ The applicant shall install permanent inclinometer stations along this cut slope, in locations to be 14 determined by the County Zoning Administrator upon consultation with the County's geologist, to allow this slope to be monitored for possible movement following implementation of the project. The applicant shall submit a record of inclinometer readings along with any recommendations from the geotechnical engineer to the County Building Division every six months, for a period of two years. If the geotechnical engineer determines that no movement has occurred, then the inclinometers can be capped and no further monitoring need take place. If the geotechnical engineer determines that sufficient movement has taken place that warrants further corrective or preventative action, the project sponsor shall be responsible for all expenses associated with the costs of implementing any remediation recommended by the geotechnical engineer to ensure that the slope remains stable. Remediation shall be completed within three months of the geotechnical engineer's determination. Further monitoring by inclinometers may be required, if recommended by the geotechnical engineer. (MM III.G.2) 56. - Prior to occupancy of the facility, the applicant shall repair the existing landslide on south side of site and provide evidence to the satisfaction of the Zoning Administrator. Generally, this shall entail the removal of the affected soil and the rebuilding of the slope. Precise methods for rebuilding the slope shall be developed by a qualified geotechnical engineer and follow the recommendations related to slope stabilization contained in the geotechnical investigation report prepared by Engeo Incorporated, dated April 18, 2000. In repairing the landslide, the applicant shall work with the County and the Town of Danville in their positions as parties to the Joint Powers Agreement that manages Hap Magee Park. (MM III.G.3) 15 57, All graded slopes shall be planted with vegetation at least one month before the start of the winter rainy season. Wherever feasible, slopes shall be graded to a 3:1 horizontal to vertical ratio or less. Where slopes would be steeper than 3:1, additional erosion control measures (such as drainage ditches and. ben-ns) shall rewired as determined by the Zoning Administrator, (MM III.G.4) 8. If the project spans more than one season, interim erosion control measures shall be incorporated into the grading plan subject to the review and approval of the County Building Inspection Department. 59, The applicant shall implement all recommendations related to grading, fill, erosion control, and drainage contained in the geotechnical investigation report prepared by Engeo Incorporated, dated April 18, 2000. (MM III.G.5 and MM III.G.7) (All Geology) 60. All unengineered fill located within the limits of grading shall be removed,moisture conditioned, and recompacted during mass grading. (MM III.G.6) 61. - At least 30 days prior to obtaining a building permit, the ___y__ applicant shall submit plans for the review and design approval of the Zoning Administrator and the County Building Inspection Department, documenting that the airna,sium is consistent with the report prepared by Engeo Incorporated, dated April 18, 2000. (MM III.G.8) 62, __ __ The Applicant shall consult with EBMUD's Water Conservation Department. to develop ways to utilize water conservation measures for both internal and external use. This may include use of drought-resistant plants, use of inert materials, minimal use of turf areas, and the use of equipment, devices, and methodology that furthers water conservation and provides for long-term efficient water use. (MM III.H.2) 16 63. The Debris Recovery Program must be submitted prior to issuance of a building or demolition permit and the Debris Recovery Program shall be submitted prior to issuance of occupancy permits. (MM III.H.3) 64. The Applicant shall develop and implement a program to divert over 50% of the waste generated by the project, during both construction and operation. This program shall be developed in coordination with the Contra Costa County Community Development Department and the Central Contra Costa Solid Waste Authority. (MM III.H.4) 65. The Native American Heritage Commission shall be contacted to request information on the project area from their Sacred Lands file. Should the Native American Heritage Commission database search indicate the presence of sacred lands, or traditional or cultural use areas, appropriate consultation shall be undertaken with identified tribal representatives or individuals. (MM III.J.1) 66. _ Should previously unidentified paleontolocal resources be encountered during construction, work in the immediate area of the find shall stop until such time a qualified archaeologist can evaluate the find and make appropriate recommendations for mitigation, if warranted. If the find is significant, the resource shall be avoided if possible. If not possible, data recovery shall be undertaken as mitigation. Data recovery must be directed by an appropriate Research Design describing the methods to be used during recovery and analysis, research questions to be addressed, and artifact curation requirements. The technical report of findings shall be submitted to the appropriate California Historical Resources Information System Archaeological Information Center. (MM III.12) 67. In the event human remains are discovered, the County Coroner and Native American Heritage Commission 17 shall be contacted within 24 hours of the find, and the steps outlined in CEQA Section 15064.5(e) shall be followed. (MM 111.13) 68. The applicant shall utilize subdued colors on the western facades of the buildings that match the natural environment of the site. The color shall be reviewed and approved by the Zoning Administrator. (MM III.K.I) 69. _ The applicant shall submit a lighting plan for all proposed outdoor lighting. The lighting plan shall utilize directional lighting and shall also incorporate shields on all outdoor lighting to prevent glare to surrounding properties. (MM III.K.2) 70. Pursuant to government Code Section 66474.9, the applicant (or any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa County Planning Agency and its agents, officers, and employees from any claim, action, or proceeding against the Agency (the County) or its agents officers, or employees to attack, set aside, void or annul, the Agency's approval concerning; this Land Use Permit application, which action is brought within the time period provided for in Section 66499.37. The County will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. 18 CONDITIONS OF APPROVAL AS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT FOR COUNTY FILE #LP992025 Applicant shall comply with the requirements of Title 8, Title 9 and Title 10 of the Ordinance Code. Any exception(s) must be stipulated in these Conditions of Approval. Conditions of Approval are based on the revised site plan submitted to the Community Development Department on January 14, 2002. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT AND PRIOR TO INITIATION OF THE USE PROPOSED UNDER. THIS PEICMIT. General Requirements: 71. The applicant shall submit improvement plans prepared by a registered civil engineer to Public Works and pay appropriate fees in accordance with County Ordinances and these conditions of approval. The following conditions of approval are subject to the review and approval of Public Works: Roadway Improvements (Frontage/On-Site/Off-Site): 72. The applicant shall construct a street-type connection with 24± foot radii curb returns in lieu of standard driveway depressions at the intersection of Danville Boulevard and the project access road. 73. The applicant shall install the following safety related improvements on Danville Boulevard: A. A 5-foot paved pathwa /trail connecting the project entrance and Hemme Avenue on the east side of Danville Boulevard. B. An 8-foot paved athwa /bike path from Danville Boulevard to the project entrance. Circulation of bike 19 traffic to bicycle parking shall be incorporated into the site design. Access to Adjoining Property: Proof of Access 74. The applicant shall furnish proof to Public Works of the acquisition of all necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road and drainage improvements. Encroachment Permit 75. The applicant shall obtain an encroachment permit from the Application and Permit Center, if necessary, for construction of driveways or other improvements within the right of way of Danville Boulevard. The applicant shall submit a traffic control plan for the review and approval of the Public Works Department for any work within the right of way of Danville Boulevard. No lane closures will be allowed during the AM and PM peak hour and during school drop-off and pick-up times, subject to the review and approval of the Public Works Department. Site Access 76. The applicant shall only be permitted access at the locations shown on the approved site/development plan. Road Alignment/Intersection Design/Sight Distance: 77. The applicant shall construct a two-way left-turn lane on Danville Boulevard between the existing northbound left- turn lane at Hemme Avenue and Woodhaven Court, to be completed prior to the opening of the proposed YMCA. (MM III.B.2) za 78. The applicant shall post a sign at the project driveway intersection with Danville Boulevard, directing pedestrians to cross Danville Boulevard at the marked crosswalks located at Hemme Avenue or Camille Avenue. The applicant shall construct a 5-foot at-grade pedestrian path along the east side of Danville Boulevard between Hemme Avenue and the project driveway. The sign shall be installed prior to occupancy of the YMCA and shall be subject to the review and approval of the Zoning Administrator. (MM III.B.4) 79. _ After review of the sketch plan for the Lewis Lane/Danville Boulevard intersection, it is determined by the Public Works Department that the gated access to the private court presents a safety concern; the applicant shall modify the gated access subject to the review and approval of the Public Works Department. This may include removal and replacement of curb returns, pavement, the gate system and any appurtenant structures relevant to the reconfiguration. Any reconfiguration or modification shall be within the limits of the existing YMCA easement area. Sight Distance 80. _ The applicant shall grade, trim vegetation, widen pavement as necessary and realign the proposed access to provide sight distance at Danville Boulevard for a design speed of 45 miles per hour in accordance with the Caltrans Highway Design Manual. 81. The applicant shall submit a preliminary sketch plan and profile to Public Works for review showing all required improvements to the fronting or off-site County roadway. The sketch plan shall be to scale, show horizontal and vertical alignments, transitions, curb lines, lane striping and cross sections for Danville Boulevard using a design speed of 45 miles per hour in accordance with the Caltrans Highway Design Manual. The plan shall extend 21 a minimum. of 150 feet beyond the limits of the proposed work but may be longer in order to adequately show turn lane taper lengths and pavement conforms. The sketch plan shall include the private road intersection and shall show three lanes of traffic: A right turn onto Danville Boulevard, a left turn onto Danville Boulevard and a lane to the YMCA. Lane widths at the intersection shall be 12 feet wide and the left turn lane onto Danville Boulevard from the private road shall be three to five car lengths or up to 125 feet long. The maximum turn lane length shall be provided subject to the review and approval of the Public Works Department. Private Roads: 82. The applicant shall construct a (paved) turnaround at the end of the proposed private road. 83. _ The applicant shall construct an on-site roadway system to current County private road standards with a minimum traveled width of 20 feet, with concrete curb and gutter on both sides, within a 25-foot access easement. The bridge shall be constructed 28 feet wide with two 10-foot lanes and an 8-foot trail/bike path. 84. The applicant shall limit improvements within the private road corridor (Lewis Lane) adjoining assessor's parcel number 197-040-015 to landscaping, a pedestrian and bicycle path, lighting, underground utilities, fence, wall, curb and grading within the northerly 25 feet of the right of way. Street Lights: 85. _ The property owner shall apply for annexation to County Service Area L-100 Lighting District by submitting. a letter of request; a metes and bounds description; and, pay the current LAFCO fees. Annexation shall occur prior to final inspection of the building permit for the facility. The applicant shall be aware that this annexation 22 process must comply with State Proposition. 218 requirements, which state that the property owner must hold a special election to approve the annexation. This process may take approximately 4-6 months to complete. Bicycle- Pedestrian Facilities: Pedestrian Access 86. The applicant shall design all public and private pedestrian facilities in accordance with Title 24 (Handicap Access) and the Americans with Disabilities Act. Parking; 87. "No Parking" signs shall be installed along the access road to the separate parking areas to insure continued through access to and from the site, subject to the review of Public Works and the review and approval of the Zoning Administrator. The permittee shall enforce the no parking restriction at all times. I tilities[Undergrounding: 88. The applicant shall underground all new and existing utility distribution facilities. The applicant shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. A licensed civil engineer shall sign the composite drawings and/or utility improvement plans. 89. The improvement and grading plans for the project shall indicate a common trench for utilities underneath the proposed access road. (MM III.H.1) 23 Sanitation District: 90. The applicant will be required to obtain a Sanitation District permit to discharge sewage into the sewage sys- tem. All sanitary sewer facilities serving the property shall be connected to the District's collection system. Construction: 91. The applicant shall conduct a survey of the pavement condition on Lewis Lane prior to the commencement of any work on site, subject to the review and approval of the Public Works Department. The applicant shall complete any remedial work prior to initiation of use, OR, provide a bonded agreement assuring completion of the remedial work once the project is complete. Drainage Improvements: Collect and Convey 92. The applicant shall collect and convey all stonnwater entering and/or originating on this property, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage system which conveys the storm waters to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. 93. _ The applicant shall design and construct all storm drainage facilities in compliance with the Ordinance Code and Public Works design standards. Miscellaneous Drainage Requirements: 94. The applicant shall prevent storm drainage from draining across sidewalk(s) and driveway(s) in a concentrated manner. 24 95. The property owner shall dedicate a public drainage easement over any man--made drainage system, which conveys storm water runoff from public streets. 96. The applicant shall obtain a Mood Control Permit for construction of the storm drain outfall into San Ramon Creek and shall obtain a 1010 permit for construction of two outfalls and a mitigation area in the sub-watershed delineated on the site plan. 97. To reduce the impact of additional storm water run-off from this development on San Ramon Creek, one cubic yard of channel excavation material will be removed from the inadequate portion of San Ramon Creek for each 50 square feet of new impervious surface area created by the development. All excavated material shall be disposed of off-site by the applicant, at his cost. The site selection, land rights, and construction staking will be by the Flood Control District. Upon written request, the applicant may make cash payment in lieu of actual excavation and removal of material from the creek. The cash payment will be calculated at the rate of $0.10 per square foot of new impervious surface area created by the project. The added impervious surface area created by the development will be based on the Mood Control District's standard impervious surface area ordinance. The Flood Control District will use these funds to work on the creek annually. (MMT IHX.2) Creek Structure Setbacks: 98. The applicant shall relinquish "development rights" over that portion of the site that is within the structure setback area of San Ramon Creek based on the criteria outlined in Chapter 914-14, "Rights of Way and Setbacks," of the Subdivision Ordinance. The structure setback area may be reduced subject to the review of the Public Works 25 Department, Engineering Services Division and the review and approval of the Zoning Administrator, based on a hydrology and hydraulic study and geotechnical analysis of the soil which shows that the creek banks will be stable and non-erosive with the anticipated creek flows. The hydrology and hydraulic study shall be based upon the ultimate development of the watershed. (MM III.E.5) Those sections of "LMCA facilities or private access roads, which fall within the approximate structure setback area of the creek, shall also be subject to the above condition. If sections of the roadway fall within the structure setback area as defined by the Ordinance Code, then the applicant shall submit a soils and geotechnical report verifying the stability of the creek bank in the vicinity of the access road and the report will provide recommendations for the design of bridge foundations and abutments to insure structural integrity of the bridge subject to the review and approval of the Public Works Department. Fold Harmless 99. _ The property owner shall be aware that the creek banks on the site are potentially unstable. The property owner shall execute a recordable agreement with the County which states that the applicant and the property owner and the future property owner(s) will hold harmless Contra Costa County and the Contra Costa County Flood Control and Water Conservation District in the event of damage to the on-site and off-site improvements as a result of creek-bank failure or erosion. National Pollutant Discharge Elimination System (NPDES). 100. The applicant shall be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construction and industrial activities as promulgated by 26 the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay - Region II, or Central Valley - Region IV). Compliance shall include developing long-term best management practices (BMPs) for the reduction or elimination of storm water pollutants. The project design shall incorporate wherever feasible, the following long- term BMPs in accordance with the Contra Costa Clean Water Program for the site's storm water drainage Minimize the amount of directly connected impervious surface area. Stenciling all storm drain inlets "No Dumping, Drains to Bay" using thermoplastic tape. Incorporate shallow ponds that collect sediment and other particulates, but are designed to either dry out by mosquito breeding season or are designed using methods to insure no mosquito growth will occur. - Other alternatives comparable to the above as approved by Public Works. - Shallow roadside and on-site swales. - Distribute public information items regarding the Clean Water Program to members. - Filtering Inlets. - The applicant shall sweep the paved portion of the site at least once a year between September I't and October 15th utilizing a vacuum type sweeper. Verification (invoices, etc.) of the sweeping shall be provided to the County Clean Water Program., Administrative Assistant at 255 Glacier Drive, Martinez CA 94553 (925) 313-2238. Trash bins shall be sealed to prevent leakage, and shall be located within a covered enclosure. 27 ]Project Mitigation Conformance: 101. This project shall comply with the mitigation measures set forth in the project environmental impact report. Conformance with the Elft includes the following: 102. Prior to issuance of the final building permit, the applicant shall develop a Traffic Monitoring Program and submit it to the Zoning Administrator for review and approval. The Traffic Monitoring Program shall be a detailed monitoring program, to provide for the monitoring of trips generated at the project driveway. The Traffic Monitoring Program shall outline traffic procedures to be followed, including the proposed days and times of the traffic counts, and the type of equipment and personnel to be used to perform the traffic counts. The Traffic Monitoring Program shall be implemented when the YMCA opens to the public. The applicant shall perform monthly traffic counts, and shall provide a quarterly report to the Public Works Department for review. The report shall include the number of YMCA members, and the peak hour, trip generation at the project driveway intersection with Danville Boulevard. The Traffic Monitoring Program and subsequent reports shall be performed by a qualified traffic-consulting firm. Scheduled programs shall not begin or end during the peak traffic periods of 7:30 to 9:00 AM or 4.30 to 6:00 PM. After the YMCA has been in operation for at least one year and at the applicant's request, such peak hour programming may be allowed provided the Zoning Administrator determines at a noticed public hearing in the area that those programs will not cause peak hour thresholds to be exceeded. If it is determined that the project is generating more than 158 total AM or 155 PM peak hour trips at the project driveway intersection with Danville Boulevard, 28 the mitigation strategies, listed in order of consideration, are listed as A through D. Within ten calendar days following the provision of a quarterly report to the Public Works Department that confirms exceedence of AM or PM peak hour trips, the applicant shall submit the following modifications to the Zoning Administrator. The Zoning_Administrator shall ap rp ove or reject the modifications with 30 days after receiving them. A. Modify YMCA activity schedules to reduce peak hour travel demand. The specifics of the YMCA programming modifications shall be reviewed and approved by the Zoning Administrator. The applicant shall submit bi-weekly reports in accordance with the Traffic Monitoring Program following any programnung modifications to reduce peak hour travel demand for the following quarter. If the bi-weekly Traffic Monitoring Program reports indicate that the applicant is generating more than the allowable peak hour trips, the applicant shall further modify the YMCA activity schedules, subject to the review and approval of the Zoning Administrator. Following the second modification and subsequent bi-weekly reports, if the peak hour travel demand is not reduced, the applicant shall: B. Restrict YMCA operating hours, subject to the review and approval of the Zoning Administrator. The applicant shall follow the same process for restricting operating hours as was done for programming modifications in Section A above. C. Reduce the total YMCA membership, subject to the review and approval of the Zoning Administrator. 29 The applicant shall follow the same process for reducing the membership number as was done for programming modifications in Section A above. D. Modify the project driveway intersection with Danville Boulevard configuration and/or modify the timing of any signal, subject to the review and approval of the Public Works Department. If, after three (3) years of operation, the quarterly reports indicate that YMCA membership and the peak hour travel demand has not changed significantly, the Traffic Monitoring Program may be reduced to yearly reports, subject to the review and approval of the Zoning Administrator. The County reserves the right to reinstate the requirement for monthly monitoring at any time throughout the life of the project if the County determines that traffic levels warrant additional monitoring. (MM 111.B.1) The District III Supervisor may appoint a Traffic Compliance Oversight Committee to review the uarterly traffic monitoring reports and make recommendations to the Zoning Administrator. 103. Prior to issuance of the building or grading permit submit a report on compliance with the conditions of approval for the review and approval of the Zoning Administrator. The report shall list each condition followed by a description of what the applicant has provided as evidence of compliance with that condition. (A copy of the conditions of approval may be available on computer disk; to try to obtain, contact the project planner at 335-1210). Unless otherwise indicated, the applicant will be required to demonstrate compliance with the conditions of this report prior to issuance of construction permits. The Zoning Administrator may reject the report if it is not comprehensive with respect 30 to applicable requirements for the requested ministerial permit. The initial deposit for review of the Compliance Report is $1000, 104. Prior to issuance of the final building permit, the property owner(s) shall execute a deferred improvement agreement for the following improvements. A. Install a traffic signal at the project driveway intersection with Danville Boulevard, including any modification to the project driveway and/or Danville Boulevard, subject to the review and approval of the Public Works Department. B. At the time the deferred improvement agreement is called up, property owner shall submit improvement plans, prepared by a registered civil engineer, to Public Works and pay appropriate fees in accordance with County Ordinances and this deferred improvement agreement. 105. The applicant shall. submit an annual compliance report to the Zoning Administrator detailing how the applicant is in compliance with all the Conditions of Approval for this project, County file #LP992025. At least 30 days prior to completing one year of occupancy, the first compliance report shall be submitted to the Zoning Administrator for review at a public hearing in the area. Annual reviews and public hearings will be required for the first three years and one review and public hearing every three years after the first three years. The applicant will be responsible for all costs associated with this review. 106. Violation of the Conditions of Approval for this land use permit is subject to revocation proceedings in accordance with the provisions of Section 26-2.2020 of the County Code. 31 ADVISORY NOTES A. The YMCA shall determine and apply discounted rates for Alamo community and servicerg_qups in their use of eject facilities (g , rental of meeting rooms) and for programs in those facilities sponsored by such Alamor�oups, including�Ccjunty Service Area R7A The YMCA shall determine the appropriate amount and application of the discounted rates following consultation with and input from the County Service Area R7A. B. The Conditions of Approval for the project cannot be modified unless subject to a public hearing by the Zoning Administrator in accordance with the provisions of Section 26-2.2008 of the County Code. C. The applicant shall be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Alamo Traffic Fee, the Tri- Valley Transportation Fee, and the SCC Regional Fee, Area of Benefit. Payment shall be based on the commercial rate based on square footage or the actual peak hour trip generation from the development, substantiated by a traffic report prepared by a registered traffic engineer. The applicant shall be responsible for providing the required information in a timely manner for review and approval by the Public Works Department, Road Engineering Division. D. This project may be subject to the requirements of the Department of Fish and Game. It is the applicant's responsibility to notify the Department of Fish and Game, P.U. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish and Game Code. E.. This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained. F. Comply with the requirements of the Contra Costa Central Sanitary District. 32 G. Comply with the requirements of the San Ramon Valley Fire Protection District. H. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. 1. This project may be subject to the requirements of the Department of Fish & Game. It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47, 'Yountville, California. 94599, of any proposed construction within the development that may affect and fish and wildlife resources,per the Fish and Game Code. 90f J. Payment of Fish & Game Fee - The applicant is required to pay an environmental review fee of $850.00 for the Department of Fish and Game at the end of the appeal period. Failure to do so will result in fines. In addition, the approval is not final or vested until the fee is paid; nor may the County post a Notice of Determination until the fee is paid. A check for this fee shall be submitted to the Community Development Department made out to Contra Costa County for submittal with the final environmental documents. K. Comply with Floodplain Management Ordinance - The project lies within the 100-year flood boundary as designated on the Federal Emergency Agency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Floodplain Management Ordinance (Chapter No. 82-28 ) as they pertain to future construction of any structures and/or grading on this property. L. NPDES Requirements - The applicant shall be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System. (NPDES) permit for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board or any of its Regional Water Quality Control Boards (San Francisco .Bay-Regional II or Central Valley-Region V). G.CurPlar4/StaffR.eports/LP992025 coa for BOS 10/28/03 RESOLUTIO ,IIII N11111IIII 11I11III, IIIIIII 1II,II1III II IIII IIIIIIIIIII IIIIIIIIII IIIIII RESOLUTION NO. 26-2003 BOARD OF APPEALS CONTRA COSTA COUNTY STATE OF CALIFORNIA APPEAL - COUNTY FILE#LP992025 SAN RAMON VALLEY YMCA, (Applicant & Owner) BARBARA CLANCY -(Appellant) ALAMO AREA WHEREAS, a request by San Ramon Valley YMCA (Applicant and Owner) for a Land Use Permit for a 40,300 square foot YMCA facility with related uses was received by the Community Development Department on April 14, 1999; and WHEREAS, a Notice of Preparation of an Environmental Impact Report was sent on '.November 9, 1999 by the Community Development Department; and WHEREAS, on November 20, 1999 the County held a scoping session on the project in Alamo; and WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act and the State and County CEQA Guidelines, a Draft EIR was prepared and circulated for review and comments were received between March 5, 2002 and April 22, 2002 and the Zoning Administrator held a public hearing in the community on April 15, 2002 to provide further opportunity for public comments on the DEIR; and WHEREAS, following the close of comment period on the Draft EIR, the County prepared written responses to the comments received. On April 11, 2003, the County published the Response to Comments Document, which provides a reasoned response to all comments received during the comment period that raised significant environmental issues; and WHEREAS, the Response to Comments Document was distributed as required by the California Environmental Quality Act and the State and County CEQA Guidelines; and WHEREAS, after notice was lawfully given a public hearing was scheduled before the County Zoning Administrator on Wednesday, April 30, 2003 whereat all persons interested therein might appear and be heard; and Resolution No. 26-2003 File LP992025 Board of,Supervisors Page 3 WHEREAS, on Wednesday April 30, 2003 the County Zoning Administrator conducted a public hearing on the Land Use Permit; the applicant, San Ramon Valley YMCA, all persons who appeared were given the opportunity to testify; and WHEREAS, atter accepting testimony, the County Zoning Administrator closed the public hearing; and WHEREAS, on Wednesday, April 30, 2003, the County Zoning Administrator having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and WHEREAS, on Wednesday, April 30, 2003, the County Zoning Administrator made CEQA Findings on the proposed Alamo YMCA project based on substantial evidence in the EIR and on the administrative record as a whole and certified the EIR; and WHEREAS, on Wednesday, April 30, 2003, the County Zoning Administrator approved the land use permit with variances, subject to the conditions as recommended by staff in the Staff Report dated April 30,2003 with modifications to certain conditions; and WHEREAS, on May 8, 2003, an appeal of the Zoning Administrator's decision was filed by a neighboring property owner,Mrs. Barbara Clancy; and WHEREAS, after notice was lawfully given a Public Hearing was scheduled before the San Ramon Valley Regional Planning Commission; acting as the Board of Appeals, on Wednesday, July 16, 2003, wherein the Commission took extensive testimony and continued to August 20, 2003 whereat all persons interested might appear and be heard; and WHEREAS, the Contra Costa County Community Development staff recommended that the San Ramon Valley Regional Planning Commission; • Accept public testimony and close the public hearing, • Find that the FEIR was adequate prior to making a decision on the project, and find that it complies with County and State CEQA guidelines; • Uphold the Zoning Administrator's approval of the Land Use Permit with Variances subject to the Conditions of Approval and deny the appeal of Mrs. Barbara Clancy. WHEREAS, the San Ramon Valley Regional Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE BE IT RESOLVED that the San Ramon Valley Regional Planning Commission finds that for purposes of compliance with CEQA, the analysis and comparisons in the EIR were inadequate and the EIR was not adequate for approving the Land Use Permit. Resolution No.26-2003 Pile LP992025 Board of Supervisors Page 3 BE IT FURTHE RESOLVED that the San Ramon Valley Regional Planning Commission of the County of Contra Costa, State of California UPHOLDS the appeal of Mrs. Clancy (appellant) and denies the Land Use permit proposal for the YMCA facility. BE IT FURTHER RESOLVED that the: 1. The proposed YMCA facility if approved will create a nuisance or enforcement problem within the neighborhood or community since the project would create traffic problems. San Rafael and Palo Alto YMCA facilities had traffic problems after the approval of the facility and the proposed Alamo facility would also face the same situation due to its location in a residential area. 2. The proposed Land Use Permit will encourage marginal development within the existing residential neighborhood. Schools, churches although permitted upon obtaining Land Use Permit in residential areas, do not pose the same traffic volumes as the proposed YMCA facility. BE IT FURTHER RESOLVED that Commissioners McPherson and Matsunaga found that the EIR adequately analyzed the environmental impacts and found the proposed Land Use Permit to meet County Code Section 26-2.2008 and voted to approve the project and EIR; and BE IT FURTHER RESOLVED that the Secretary of the San Ramon Valley Regional Planning Commission shall respectively sign and attest the certified copy of this Resolution and deliver the same to the Board of Supervisors all in accordance with the planning laws of the State of California; and The instructions by the San Ramon Valley Regional Planning Commission to prepare this Resolution were given by motion of the Planning Commission on Wednesday, August 20, 2003 by the following vote: AYES: Commissioners—Gibson,Neely, Mulvihill and Ingalls NOES: Commissioners—McPherson and Matsunaga ABSENT: Commissioners - Couture ABSTAIN-: Commissioners -None Resolution No, 26-2003 File LP992025 .Board of Supervisors Page 3 KAREN McPHERSON Chairperson San Ramon Valley Regional Planning Commission County of Contra Costa State of California Can August 26, 2003, the Community Development Department received an appeal of the San Ramon Valley Regional Commission's action on this project from Mark Armstrong representing the applicants and owners. I, Catherine Kutsuris, Secretary of the San Ramon Valley Regional Planning Commission certify that the foregoing was duly called and approved on August 20, 2003. ATTEST: � Dennis M. Barry, Secretary of the San Ramon Valley Regional Planning Commission, County of Contra Costa, State of California AMB/bdm 8:\Current Planning\Board\YMCA-LP992025 Res 10-21-03 ERRATAI l-',II'I'I I IlIl-'',I,II IlIII II ll11III I I',II III 1'I 1II I II II'1,Il-I 11 I IIII I'l-I II-1IIIIIIIIIIII11'I I I,1I1lIl-1 I I I I I,I,-1 1 l I1 1 I I1I II1I III1I.I1III II ERRATA FOR THE DEIR AND FEIR This errata sheet clarifies incorrect or incomplete information included in the DEIR and FEIR relating to comparisons of the estimated square footages of the local YMCA facilities used to predict likely base case and worst case scenarios for the proposed Project. In order to provide for consistent comparisons,both indoor and outdoor use areas are included for each project. This errata sheet also addresses the methodology used in calculating the required parking spaces for the proposed YMCA. The discussion of traffic impacts as presented in the staff report is incorporated herein by reference. As explained more fully below,the revised square footage information and revisions to the number of parking spaces required do not change the conclusions presented in the DEIR or FEIN.,nor do they result in new impacts not previously identified, or require the inclusion of any new Mitigation measures. 1. Square Footage of Local YMCAs Table TA.1, located in Appendix B of the DEIR.and on Page III.5 of the FEIR,presented square footages for the local YMCAs that were incorrect. Table 1 below compares the square footages presented.in the DEIR and FEIR to the actually gross square footages for indoor/outdoor use areas confirmed in September 2003. The revised square footages obtained through staff contact with the identified YMCA facilities are comparable to the figures obtained earlier by Barbara Clancy,who appealed the Zoning.Administrator's approval of the project to the San Ramon Valley Regional Planning Commission. Table 1 also includes the actual trips counts from each facility and the revised trip generation rates based on the revised square footage. Table i — Gross Square Footage of YMCA facilities, Actual Trip Counts, and Revised Trip Generation Rates Square Revised Square Peak Revised Footage f=ootage Confirmed in Hour Trip Facility Presented in September 2003 Trips Generation the DEIR and (indoor/Outdoor Use Counted' Rate FEIR Areas f Palo Alto 61,000 43,838/0 255 5.82 San Rafael 49,000 41,295 /0 242 5.85 Fairfield/Suisun 41,000 36,062 /0 96 2.66 Pleasant Hills 51,000 23,200 /27,8004 177 3.47 ! i Proposed 40,300 40,300 /12,120 N/A N/A Pro ect l Counts were taken at Palo Alto and San Rafael in February 1999;Fairfield November 1999 and September 2000;and at Pleasant Hill in,Tune 2002. z Trip generation rate is presented per 1,000 gross square feet of indoor facilities use area. 3 The square footage of the Pleasant Hill facility was only presented in the FEIR- 4 4 The outdoor square footage includes a pool and skate park. 3 The outdoor square footage includes a poral and sports court. 2. 'Traffic Analysis Based on Devised Square Footage Table 2 illustrates the worst case peak hour trip generation for the proposed Project based upon the square footage estimates presented in the DEIR and FEIR., and the revised square footage information obtained in September 2003 as shown in Table 1. Table 2 -- Comparison of Worst Case Peak-Hour Trip Generation Worst Case Scenario Worst Care Scenario Based on Facility resented in DEIR and FEIR Sept. 2003 Square Footage Pro osed Pro'ect 240 peak dour tris 307 peak hour!rips During the Planning Commission hearing held on in August 20, 2003, staff presented a worst case scenario in which the project generates up to 300 pear hour trips,to determine whether the level of service at the project driveway would worsen beyond LOS E,the level of service identified in the DEIR and FEIR. Staff also evaluated the other local intersections studied in the DEIR and FEIR,to determine whether any of these intersections would worsen beyond LOS D under this worst case condition. As shown in Table 3,the revised worst case would not cause any change to the impacts identified in the DEIR.and FEIR. As presented in the worst case scenario in the DEIR and FEIR., the only potentially significant impact continues to be for motorists exiting Lewis Lane and attempting to turn left(south) on Danville Boulevard. All other intersections would continue to operate at acceptable levels of service. The revised information therefore does not change the conclusions presented in the DEIR or FEIR,nor does it require that any new mitigation measures be included. Table 3 •- Effect of Remised Worst Case Scenario on Area Intersections (No = no significant Impact, fifes = potentially significant impact) Mase-Case Worst-Case Worst-Case Based on Presented Presented in Revised Square Footage Study Location in DEIR DEIR and FEIR i.e., 307 peak hour trips) Stone Valle /I-680 NB No No No Stone Valle j-680 SB No No No Stone Valle tDanville Blvd No No No La Serena/Danville Blvd No No No Henune/Danville Blvd No No No Lewis Lane/Danville Blvd No "'YES - YES Carrulle/Danville Blvd No NoNo Del Amigo/Danville Blvd No No _ No El Cerro/Danville Blvd No No No El Cerro/La Gonda No No No El Cerro/I-680 SB No No No EI Cerro/I-680 NB No No } No 2 3. Parking Spaces Requirements The County Zoning Code does not specify parking requirements for recreational facilities such as a YMCA. Zoning Code Section 82-16.018 (20)indicates that"For a use not specified in this section,the same number of off-street parking spaces shall be provided as are required for the most similar specified use." Staff suggests that commercial use would be the most similar specified use,which requires one (1) off-street space for every 500 square feet of gross floor area. The YMCA's 40,3010 sf would therefore require 81 off-street spaces. Because the Zoning Code does not specify parking requirements for recreational facilities such as a YMCA, staff also calculated the required parking using two additional methods. In both cases, interior gross square footage was used, in accordance with standard County practice for calculating parking requirements. Method I -In Method 1, the Palo Alto and San Rafael YMCAs were surveyed to determine an average number of parking spaces per 1,000 square feet.Based on the parking provided at these facilities, staff identified an average of 3.7 spaces per 1,000 square feet of interior use area. Applying this figure to the proposed Alamo YMCA,a total of 148 spaces would be required. As described in the DEIR., a 5 percent buffer above the number spaces to be provided would address potential demand during peak periods,requiring a total of 155 spaces. The applicant proposes 160 spaces. Method 2 In Method 2, Chapter.11 of the DEIR"Project Description", staff calculated required parking spaces as shown in Table 11.3 of the DEIR,which is reproduced below. In this method, the proposed uses(administrative,multi-purpose,lockers roams,etc)were analyzed individually to determine required spaces per use area. Table 11.3 includes an incorrect amount of square footage for the indoor pool area. Table 11.3 includes a total of 3,375 sf for the indoor pool area,which is the are of the pool itself,while the building that houses the indoor pool and equipment area is 7,940 sf: This additional square footage results in a need for 31 spaces, 17 more than are listed in Table 11.3. The total parking requirement would therefore be 1617 spaces,rather than the 150 listed in Table 11.3. 'Cable 11.3 Alamo YI1t1+CA Facility, Parking Demand Calculation (revised information is shown in parenthesis) Type of Use Square Footage Parking Space Yp proposed Requirement Aerobics studio 2,290 sf 115 spaces Family fitness 6,325 sf 42 spaces Kids m' 2,000 sf13 spaces Lobby,administrative and program 5,720 sf _ 23 spaces Offices,restrooMS2 I Multipurpose rooms 1 1,275 sf 13 s aces Pool assume 1 per 250 square feet 3,375 sf 7,940 s 14 spaces 31 spaces) Basketball courts assume 5 per court) 2 courts 10 s aces Locker rooms 1 er 200 square feet 3,950 sf 20 s aces � '9 YotaE An-inn -D spaces 167 spaces) 4= 1 parking space per 150 sf 2= 1 parking space per 250 sf = 1 parking space per 100 sf ¢= 3,375 sf is the size of the pool itself;7,940 sf is the size of the building Conclusion: In averaging the three parking space determinations (81, 155, and 167) a total of 134 spaces would be required. 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