PC 9-6-12 COA

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					                                                    EXHIBIT A

         FINAL CONDITIONS OF APPROVAL FOR THE PROJECT ON PROPERTY AT

                            140 Front Street – Application CP12-0101
 Special Use Permit, Coastal Permit and Design Permit to construct a 33,648 square foot
     quasi-public building and supporting structures in the RH zone district. Planned
Development Permit to allow variations to setbacks, building height, parking, and to allow
 sale of alcohol at events. Boundary Adjustment to shift approximately 5,000 square feet
into 140 Front Street lot and 1,000 square feet to 203 Laurel Street. One heritage tree will
                                be removed for the project..

1. If one or more of the following conditions is not met with respect to all its terms, then this
   approval may be revoked.

2. All plans for future construction which are not covered by this review shall be submitted to the
   City Planning and Community Development Department for review and approval.

3. This permit shall be exercised within three (3) years of the date of final approval or it shall
   become null and void.

4. The use shall meet the standards and shall be developed within limits established by Chapter
   24.14 of the Santa Cruz Municipal Code as to the emission of noise, odor, smoke, dust,
   vibration, wastes, fumes or any public nuisance arising or occurring incidental to its
   establishment or operation.

5. The applicant shall be responsible for the completeness and accuracy of all forms and supporting
   material submitted in connection with any application. Any errors or discrepancies found
   therein may result in the revocation of any approval or permits issued in connection therewith.

6. All final working drawings shall be submitted to the Zoning Administrator for review and
   approval in conjunction with building permit application. The plans submitted for building
   permits shall have the same level of articulation, detailing, and dimensionality as shown in the
   approved plans. All approved exterior finishes and materials shall be clearly notated on the
   building permit plans.

7. The applicant and contractor who obtains a building permit for the project shall be required to
   sign the following statement at the bottom of this condition, which will become conditions of the
   building permit:

    “I understand that the subject permit involves construction of a building (project) with an
    approved Design Permit. I intend to perform or supervise the performance of the work allowed
    by this permit in a manner which results in a finished building with the same level of detail,
    articulation, and dimensionality shown in the plans submitted for building permits. I hereby
    acknowledge that failure to construct the building as represented in the building permit plans,
    may result in delay of the inspections process and/or the mandatory reconstruction or alteration
    of any portion of the building that is not in substantial conformance with the approved plans,
    prior to continuation of inspections or the building final.”




P:\_Public\PACKETS\2012\CPC\09-06-12 - WARRIORS\PC 9-6-12 COA.doc
EXHIBIT “A”
CONDITIONS OF APPROVAL
For 140 Front Street – Application No. CP12-0101
Page 2
    ______________________________________________________________________
    Signature of Building Contractor                     Date

8. The development of the site shall be in substantial accordance with the approved plans submitted
   and on file in the Department of Planning and Community Development of the City of Santa
   Cruz. All aspects of construction must be completed prior to occupancy. Major modifications to
   plans or exceptions to completion may be granted only by the City authority which approved the
   project.

9. This zoning permit approval is only in effect for seven years from the date of the Certificate of
   Occupancy for the facility. At the end of the seven years all structures shall be removed and /or
   dismantled and the site returned to a parking lot in a manner subject to the approval of the
   Building Official and Zoning Administrator.

10. All requirements of the Building, Fire, Public Works and Water Departments shall be completed
    prior to occupancy and continuously maintained thereafter.

11. Adequate provisions shall be made to supply water to the premises covered by this application.
    The design of water facilities shall be to standards of the Water Department, and plans therefore
    must be submitted to the Water Department Director for review and approval prior to the
    issuance of a building permit.

12. Bike parking shall be provided for 50 bicycles in a manner and location subject to the approval
    of the Zoning Administrator and the Bicycle Coordinator. During the first season the City will
    monitor the bicycle demand for the arena and if additional racks are needed then the
    applicant will be required to increase that number appropriately prior to the opening of the
    2013 basketball season.

13. All utilities and transformer boxes shall be placed underground unless otherwise specified.

14. During all grading and subsurface excavations (including utility-line trenching) an archaeologist,
    authorized by the Planning Department, shall be present to observe operations. The archeologist
    shall have authority to halt operations if significant archeological resources are found. The cost
    for this service shall be paid by the applicant. The Zoning Administrator shall be provided a
    copy of the contract agreement with the archeologist and the applicant prior to grading
    commencing.

15. During all grading and subsurface excavations (including utility-line trenching), construction
    will be halted if significant archaeological resources are discovered. For the purpose of this use
    permit, significant archaeological resources shall include the remains of previous Indian living
    areas or human burials or any artifacts or any other object which reasonably appears to be
    evidence of an archeological or cultural resource. In the instance of Indian living areas, these
    objects shall be recorded and mapped prior to further excavation on that portion of the site. In
    the event human burials are discovered during excavation, work shall be halted and the County
    Coroner, the Northwest Indian Cemetery Protective Association (NICPA), and other appropriate


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EXHIBIT “A”
CONDITIONS OF APPROVAL
For 140 Front Street – Application No. CP12-0101
Page 3
    authorities shall be notified. Mitigation measures developed by the applicant and authorized
    archaeologists shall be subject to the approval of the Planning Department.

16. Any information developed as a result of this survey shall be forwarded to the County
    Archaeological Society, the County Historical Museum, and the Santa Cruz Collection,
    University of California Library.

17. The plan for erosion control approved as part of this application shall be submitted and all work
    installed by November 1, or to the satisfaction of the Chief Building Official.

18. All downspouts shall be directed either to the approved drainage system in a manner subject to
    the approval of the Department of Public Works. A drainage plan shall be submitted in
    conjunction with application for building permits

19. Grading shall be done during periods of dry weather and protective measures shall be
    incorporated during grading to prevent siltation from any grading project halted due to rain. No
    earth-moving activities shall occur between November 1 and April 1 without approval of the
    Building Official.

20. Prior to site grading or any disturbance all trees and/or tree stands indicated for preservation or
    approved plans shall be protected through fencing or other approved barricade. Such fencing
    shall protect vegetation during construction and shall be installed to the satisfaction of the
    Director of Planning and Community Development.

21. Any tree marked for preservation which is subsequently removed shall be replaced by two (2)
    specimen trees of a variety and at locations specified by the Zoning Administrator. All such
    trees shall be replaced prior to occupancy of the premises.

22. The applicant shall obtain a Heritage Tree Removal Permit from the Department of Parks and
    Recreation to remove one heritage tree on the project site – a 19-inch pittosporum undulatum,
    Mock Orange approved as part of this permit as indicated on the approved plans. One 24-inch
    tree will be planted offsite in accordance with City requirements at a location to be determined
    by the City Forester.

23. Handicap access shall be provided in accordance with California Building Code.

24. All new mechanical equipment and appurtenances, including gas and water meters, electrical
    boxes, roof vents, air conditioners, antennas, etc. visible from the public way and from adjacent
    properties, shall be screened with material compatible with the materials of the building and
    shall be subject to the approval of the Zoning Administrator.

25. The sports arena shall be a non-smoking site with no smoking allowed on the property. The
    operators shall ensure that areas around bathrooms and exits doors remain smoke free. Signage
    shall be provided throughout the facility and it shall be announced over the PA system at least
    once 15 minutes prior to the start of the event that the facility and premises are smoke free.


P:\_Public\PACKETS\2012\CPC\09-06-12 - WARRIORS\PC 9-6-12 COA.doc
EXHIBIT “A”
CONDITIONS OF APPROVAL
For 140 Front Street – Application No. CP12-0101
Page 4
26. That all sporting and other events shall start at sufficiently early to ensure that all patrons will be
    out of the facility no later than 10:00 PM. Employees/cleaning crews may work later.

27. Plans submitted for building permits shall demonstrate compliance with Stormwater Best
    Management Practice (BMP) and Low Impact Development (LID) requirements for single
    family residential dwelling projects contained in “Chapter 6 of the Best Management Practices
    Manual for the City’s Storm Water Management Program” dated October 2011. At a minimum,
    downspouts shall be disconnected from underground pipes or prohibited from directly flowing
    onto impervious surfaces and instead be redirected to landscaping or bioswales. Pervious
    walkway surfaces and driveways shall be installed where possible. Show all implemented LID
    measures on the plans.

28. Landscape plans for the bioswales shall be submitted for reviewed by both the Planning
    Department and Water Department. The landscape plans shall comply with all requirements of
    the City’s landscape water conservation ordinance and be installed prior to issuance of the
    Certificate of Occupancy. Additional landscape opportunities, such as planters, shall be
    reviewed after the first year of operation possibly along Spruce and Front Streets once the
    operational characteristics of the use are better known.

29. The final exterior colors of the building shall be generally consistent with the submitted
    conceptual color scheme. The main building, supporting structures and exterior fencing shall be
    continuously maintained in a clean and graffiti free manner.

30. Litter and trash receptacles shall be located at convenient locations inside and outside the facility
    and the applicant shall patrol the exterior of the property and the immediate neighboring
    properties for litter and debris after events.

31. The Public Works Department shall review and approve the trash enclosure and final details
    regarding refuse collection.

32. The construction hours will be Monday through Friday 7:00 AM to 9:00 PM and Saturday and
    Sunday 9:00 AM to 7:00 PM. Heavy equipment use shall not be allowed between 7:00 and 8:00
    AM and 7:00 to 9:00 PM Monday through Friday. Exceptions to the above may be allowed per
    the Municipal Code. The applicant shall send notices of construction hours and days to residents
    within 300 feet of the subject site with a contact number for questions or issues during the
    construction period. A construction sign with hours of operation shall be placed on the site with
    a contact number for questions or issues during the construction period. Both shall occur within
    a week prior to commencement of construction.

33. That knox boxes and/or access codes and/or keys be provided to the Police and Fire Departments
    to any secured gate to allow access to the enclosed areas to the south and east of the arena for
    emergency purposes.

34. To ensure safety, lighting should be properly maintained and in working order in the interior and
    exterior areas of the arena complex. All exterior lighting shall be shielded to prevent light from


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EXHIBIT “A”
CONDITIONS OF APPROVAL
For 140 Front Street – Application No. CP12-0101
Page 5
    spilling over to the riparian corridor or adjacent residential areas. Building illumination and
    architectural lighting shall be indirect and concealed from view. Decorative building lighting
    shall be subtle.

35. The applicant shall prepare a signage plan for the project and submit it for design permit review
    and approval before occupancy of structure.

36. To ensure that adequate noise attenuation is achieved the following measures must be
    complied with:
                 The speakers shall be mounted behind the bleachers facing toward the court. This
                  design will mitigate the issue of aiming the speakers directly at the
                  sidewalls/tensile fabric of the arena and consequently the sensitive receivers
                  behind it.
                 Selecting PA grade “horns” in lieu of full bandwidth music speakers, which will
                  increase the directional control of the sound system and eliminate the production
                  of low-frequency energy which the tensile fabric has a limited ability to attenuate.
                  If a "horn" type speaker is selected, encasing the speakers themselves in a solid
                  enclosure will also reduce the amount of sound energy emitted from the rear of
                  the speaker.
                 If possible locate entry doors so that there is not a direct sound path through the
                  doors and the surrounding environment. Positioning these doors behind bleachers
                  will mitigate a bulk of the speaker and crowd noise energy before if passes
                  through the doors.
                 Select high performance acoustical doors, which will increase the amount of noise
                  transmission loss before it reaches the exterior of the structure. High performance
                  acoustical doors should include proper perimeter gasket seals, as well as a
                  threshold and drop door bottom. The door panel, frame and hardware should
                  come as a complete package from a single manufacturer with a test report to
                  confirm their ability to provide the required Sound Transmission Class (STC).
                  The noise investigation assumed a single high performing STC-43 steel door
                  wherever they are located in the final design.

     The applicant shall provided the Zoning Administrator a letter from the noise consultant
     confirming that these conditions have been complied with prior to the Certificate of
     Occupancy.

37. Provide a security, management and maintenance plan subject to the approval of the Police
    Chief to assure the property, structure and use are managed in a way to provide a safe
    environment. Said plan shall include the following:

             Alcohol Sales




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EXHIBIT “A”
CONDITIONS OF APPROVAL
For 140 Front Street – Application No. CP12-0101
Page 6
                 The selected vendor will obtain the appropriate ABC license for the sales of
                  alcohol (type 47 for stadiums, sporting events). The vendor will comply with all
                  terms and condition of the license including regulations on hawking alcohol.

                 Santa Cruz Warriors are to participate in responsible drinking programs
                  sponsored or endorsed by the National Basketball Association. Participation
                  includes signage, announcements and policies/practices that ensure responsible
                  alcohol consumption.

                 The applicant are required to complete and follow the Responsible Beverage
                  Service (RBS) practices and procedures. Employees who serve alcoholic
                  beverages are required to attend and complete L.E.A.D.S. training
                  offered/recommended by the Santa Cruz Police Department.

                 Pursuant to 397 of the California Penal Code and 25602(a) of the Business &
                  Professions Code, the vendor is not to sell alcohol to habitual drunkards,
                  identified serial inebriates or obviously intoxicated individual.

                 Alcoholic beverages may not be brought into the facility. All alcohol consumed
                  on the premises will be controlled/sold through the selected vendor.

                 Security and ushering personnel will proactively watch for and enforce underage
                  drinking laws, and facility policies.

                 No more than two alcoholic beverages may be purchased with each valid ID
                  shown in person by the purchaser.

                 Alcoholic beverages will not be sold after the end of the 3rd quarter. At no time
                  after the beginning of the 4th quarter will alcohol be allowed to enter the stands.

             Fan Conduct

                 The Santa Cruz Warriors will adopt the NBA Code of Fan Conduct and actively
                  hold attendees to those standards.
                 For security reasons, fans will not be allowed to bring into the arena any coolers,
                  large bags or backpacks.
                 Fans may be ejected for inappropriate conduct by any facility staff or police
                  officer.

             Facility


P:\_Public\PACKETS\2012\CPC\09-06-12 - WARRIORS\PC 9-6-12 COA.doc
EXHIBIT “A”
CONDITIONS OF APPROVAL
For 140 Front Street – Application No. CP12-0101
Page 7


                 To ensure staff and patron safety, all lighting surrounding the property shall be
                  properly maintained and in working order during all business hours.
                 Surveillance camera(s) are recommended for all exterior areas of the business to
                  curb loitering and discourage criminal behavior. In addition, interior surveillance
                  cameras should be able to do the following:
                     o Fully functional system that actually works and is maintained, Images
                         recorded on media,
                     o Accessibility to recording media for retrieval and review during times the
                         business is open,
                     o Image quality that would allow a person to be identified in daylight and
                         low light situations,
                     o Adequate coverage of the facility front and rear exterior areas, and
                     o Periodic audits by facility management to monitor for problematic
                         activity, and system functionality

                 A walkthrough of the facility (both interior and exterior) should be done with a
                  member of the Santa Cruz Police Department and a Santa Cruz Warriors (or
                  future operator) representative prior to opening, and periodically thereafter, to
                  address environmental concerns that could lead to criminal behavior.

                 A trespass letter be obtained from the Police Department to assist officers in
                  addressing criminal behavior when it does occur on the premises after hours. The
                  Santa Cruz Warriors (or future operator) can fill out a trespass letter, which permits
                  Law Enforcement to arrest anyone unlawfully on their property. The trespass letter is
                  valid for one year and must be renewed annually.

                 Up-to-date emergency contact information will be provided to the Police
                  Department for after hour emergencies and/or facility concerns.

                 The Santa Cruz Warriors (or future operator)will provide adequate uniformed and
                  easily identifying staff to provide security and ushering services and player
                  security, before, during and after for each game.

                 The Santa Cruz Warriors (or future operator) will be required to hire a minimum
                  of two police officers for each game at the current billing rate minimum of four
                  hours to handle law enforcement impacts/problems, before during and after each
                  game.

             Traffic Impacts

P:\_Public\PACKETS\2012\CPC\09-06-12 - WARRIORS\PC 9-6-12 COA.doc
EXHIBIT “A”
CONDITIONS OF APPROVAL
For 140 Front Street – Application No. CP12-0101
Page 8


                 The Santa Cruz Warriors (or future operator) will provide traffic control
                  mitigations for pedestrian and vehicle traffic impacts immediately adjacent to
                  their facility, pre and post-game.
                 Any closure of Spruce Street shall be coordinated with the Public Works and
                  Police Departments. Any closure of Spruce Street beyond Santa Cruz Warriors
                  games shall require notification to the Beach Hill Residents Association. Closure
                  of Spruce Street during the summer months May thru September will be
                  discouraged.

38.   All refuse and recycling activities during construction shall be done in accordance with
      Chapter 6.12 of the Santa Cruz Municipal Code. Be aware that private companies offering
      refuse or debris box services are not allowed to operate within the City limits, except under
      certain limited circumstances detailed in Chapter 6.12.160.

39.   The approved lot line adjustment does not authorize any construction. Any plans for future
      construction shall be submitted to the Department of Planning and Community Development
      of the City of Santa Cruz for review and approval.

40.   The applicant or successor in interest shall provide to the Zoning Administrator legal
      descriptions for each of the parcels affected by the lot line adjustment. The legal descriptions
      shall be prepared by a licensed civil engineer or land surveyor and shall substantially conform
      to the plans submitted and on file with the Department of Planning and Community
      Development of the City of Santa Cruz. Modifications to plans or exceptions to completion
      may be granted only by the City authority which approved the project.

41.   The applicant or successor in interest shall be responsible for recording new legal descriptions
      for each parcel that have been approved by the Zoning Administrator with the County
      Recorder’s Office and a copy of each recorded description provided to the City of Santa Cruz
      Planning Department and the Water Department. The legal descriptions shall match the plans
      as shown on the approved plans submitted and on file with the Department of Planning and
      Community Development.

42.   A sanitary sewer easement shall be placed on the 203 Laurel Street parcel as part of the
      recording of the new legal description for this parcel in a manner subject to the approval of the
      Department of Public Works.

43.   That the Department of Public Works shall meet with the Beach Hill Residents Association
      prior to the start of the Santa Cruz Warriors’ basketball season to determine if they support
      changing their Beach Area Residential Permit Program from “No Parking 9:00 a.m. to 9:00
      p.m., Everyday, Monday through Sunday, except by permit from May 15 to September 30”
      to a year round program with the same hours of enforcement.

44.   The applicant shall work with the Department of Public Works and the Department of
      Economic Development to plan and develop parking management strategies, including

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EXHIBIT “A”
CONDITIONS OF APPROVAL
For 140 Front Street – Application No. CP12-0101
Page 9
      signage and visitor information, to ensure efficient use of available parking spaces during
      events. Parking information shall be provided as part of a season ticket holders package as
      well as on the Santa Cruz Warriors website, the City website and any other future users
      website if or when they have one. This information should be available for the public at
      least one month prior to the first game at the facility and continuously maintained and
      upgraded thereafter.

45.   The applicant, City staff and representatives from the Beach Hill Residents Association shall
      meet once every six months for the first two years to discuss the parking and traffic
      management plans for improvement or changes once the operational characteristics of the
      use are better known.




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