HomeMy WebLinkAbout052124-08.1 ASR AND RESOLUTIONTO:
ADMINISTRATIVE STAFF REPORT 8.1
Town Council
May 21, 2024
SUBJECT: Consider adoption of Resolution No. 29-2024, adopting a Mitigated
Negative Declaration of Environmental Significance, and approving the
addition of Six New Pickleball Courts with Associated Seating at Osage
Station Park
BACKGROUND
The Town of Danville adopted its Parks, Recreation & Arts Strategic
Plan Update (Plan) in 2017. The Plan "establishes a long-range vision and course of
action for creating and sustaining a high quality, interconnected system of parks,
recreation and arts facilities, services and programs." The Plan contains several overall
recommendations for ways of keeping the Town's park system as relevant as possible.
One recommendation is to "Increase the multi -functionality and recreation value of
existing parks and facilities through capital improvements that incorporate new
recreation facilities and features." A second recommendation is to "Support emerging
recreation activities to address trends and add variety to the recreation options in
Danville." The plan also specifically "identifies outdoor recreation facilities to consider
for Danville's parks system to augment and diversify the existing inventory of sports
fields, courts, and playgrounds." Examples identified included a skatepark, disc golf,
pickleball, outdoor fitness area, and a destination play area (universally accessible)."
The Plan contains some specific recommendations regarding Osage Station Park,
including investigating "the possibility of installing a skate park where bocce courts were
planned in the park's 30 -year Master Plan." In 2020, the Town Council concluded that a
skate park should be located at Diablo Vista Park rather than Osage.
The Town's Osage Station Park Master Plan (prepared in 2011) envisioned several
possible new uses for the area of the park near the tennis courts. The options identified
ranged from the addition of more tennis courts to adding bocce courts to adding a snack
shack/community room. As of today, none of those improvements have been added,
with bocce being switched fully to Sycamore Valley Park.
The Plan includes several strategic recommendations for providing inclusive recreational
opportunities for users of all ages and supporting emerging recreation activities to
address trends and increase the variety of recreational opportunities available to the
community. Pickleball is an example of one such activity. Pickleball was a
recommendation brought through the Plan development based on community input and
was determined to be a priority recommendation for the Parks, Recreation and Arts
Commission (Commission).
Pickleball programming was introduced in Danville through several pop-up events
presented by the Recreation, Arts, and Community Services staff at a variety of park
locations in the Town. Events were held indoors at the Los Cerros Gym, outdoors at the
basketball courts at Danville South and Sycamore Valley Parks, and at the tennis courts
at both Osage Station and Diablo Vista Parks. The goal was to introduce the sport and
show the versatility of locations where it can be played.
At the January 13, 2021, Commission meeting, Town staff provided a report that included
information regarding tennis court reservation usage in the Town and the feasibility of
options for adding outdoor pickleball courts in Danville.
After discussing tennis court usage and pickleball options and hearing public comments,
the Commission recommended that staff move forward with Option 2 at Osage Station
Park by converting one tennis court into four dedicated pickleball courts by the spring or
summer of 2021. They also recommended Option 1 as a backup if timing and funding
were not lining up to be executed in a timely fashion (Attachment B). Although four
courts were approved, two were ultimately deleted due to insufficient space to
accommodate more within the current court configuration.
At its February 10, 2021, meeting, the Commission provided its final approval to move
forward with the conversion project, which was completed in April 2021 (Attachment C).
This resulted in the Town's first two pickleball courts at Osage Station Park. As expected,
the courts have proven to be extremely popular, particularly during the morning hours,
and there appears to be more than enough demand to warrant adding additional courts.
In June 2022, based on the apparent demand for additional pickleball courts, the Town
Council approved the 2022/ 2023 Operating Budget and Capital Improvement Program,
which included CIP Project B-637 Pickleball Courts, to expand the number of courts
available at Town parks. The funding is not tied to a particular location within the Town.
At its July 13, 2022, meeting, the Commission, based on its priority recommendation of
additional pickleball courts and the substantial use of the two courts at Osage Station
Park, received and reviewed a preliminary site analysis to determine where adding
courts may be feasible (Attachment D).
After a discussion of the site analysis, the Commission determined Osage Station Park to
be the optimal location for additional courts. The recommendation was to potentially
Pickleball 2 May 21, 2024
increase the number of pickleball courts from two to up to a maximum of 14 courts and
the addition of another tennis court to bring the total number back to four tennis courts.
At its November 9 and November 30, 2022, meetings, the Commission conducted public
hearings to review options for additional courts at Osage Station Park, including
increasing the number of pickleball courts to up to eight courts, the number of tennis
courts, hours of use, precise siting within the park, seating options, etc. (Attachment E)
The Commission received extensive public input on the proposal directly from residents,
both in favor of and in opposition to the addition of courts. The Commission
unanimously directed staff to conduct an Initial Study pursuant to the California
Environmental Quality Act ("CEQA"), to retain an acoustical consultant to assist in the
environmental review, which would look at the potential environmental impacts of
creating a project with a maximum of eight pickleball courts and up to four tennis courts,
along with seating area.
Given the Commission's direction provided at the November 2022 meetings, the Town
worked through completing the CEQA process to study the potential environmental
impacts of the proposed project. The two prime areas of study were noise and
traffic/ parking.
At its December 13, 2023, meeting, the Commission reviewed the results of the study and
the recommendation to adopt the resolution adopting the Negative Declaration of
Environmental Significance and approving one of the project options of adding up to six
new pickleball courts as shown in Attachment F. Both the acoustical and traffic studies
reviewed concluded that there were no potentially significant impacts associated with
the proposed project. With respect to parking, adequate parking is available to
accommodate the proposed project. For traffic, even with the additional trips generated,
the overall traffic is within the identified capacity for all roadway segments. For the
acoustical analysis, the study concluded that the addition of six pickleball courts would
not create any significant environmental impacts and that no environmental mitigation
is necessary. (Attachment F)
After receiving public input, the Commission adopted the resolution and approved the
addition of six courts at Osage Station Park. Although the CEQA process revealed no
significant environmental impacts requiring mitigation, the Commission added
conditions to the project to address concerns raised by neighbors and/or to ensure
compatibility with other activities in the park. Those conditions included limiting the
hours of use, prioritizing use, and adding sound barriers.
With the approval by the Commission of the project and the Negative Declaration, the
Commission was made aware that its decision could be appealed to the Town Council
Pickleball
3 May 21, 2024
for their consideration. On December 19, 2023, a timely appeal was filed by Laurinda
Ochoa, on behalf of the group Preserve Osage Park.
DISCUSSION
The appeal to the Council challenges the Commission's approval of the project itself and
the Negative Declaration. Because the project has been described in detail above, this
section will focus on the environmental review. As explained in detail below, Town staff
and its acoustical consultant took a second look at the noise issues and, as a result, have
drafted and circulated a new Mitigated Negative Declaration (Attachment G).
Both the original Initial Study and Negative Declaration focused on two potential
environmental impacts of the project: traffic/parking and noise. The Town retained
outside consultants to look at each of these issues. The second Initial Study and Mitigated
Negative Declaration reviewed the revised acoustical study. There has been no change
to the traffic/parking study. Each is addressed here.
Traffic and Parking
The Town retained Kimley Horn and Associates (KHA) to study the potential traffic and
parking impacts of the project through a Transportation Impact Analysis (TIA)
(Attachment E). While the TIA includes an analysis of vehicle miles traveled (VMT)
impacts (which is the required standard under CEQA), the primary focus is on roadway
capacity analysis for the four roadway segments shown below, as well as a parking
occupancy and demand analysis to determine the proposed project's effects.
The TIA looked at the impacts of up to a total of eight pickleball courts and the three
existing tennis courts. Roadway segments analyzed were:
• Orange Blossom Way (south of Osage Station Park, south parking lot entry)
• Orange Blossom Way (north of Osage Station Park, south parking lot entry)
• Osage Station Park Driveway (east of Orange Blossom Way)
• El Capitan Drive (west of Orange Blossom Way)
For purposes of both traffic and parking analysis, any such study will rely on parking
and trip generation rates developed by the Institute of Transportation Engineers (ITE).
As discussed during the Commission hearings in November 2022, the ITE has not yet
developed trip and parking generation rates for pickleball, so the default is to use those
for tennis courts. However, in an effort to be conservative and to recognize the concerns
raised by members of the public, KHA was instructed to adjust the ITE tennis court rates
by a factor of 1.5, in other words, a 50% increase.
Pickleball 4 May 21, 2024
For both parking and traffic, the projected increased demand is added to measured peak
usage numbers to determine potential impacts. The KHA study concludes that with
respect to parking, there is adequate parking available to accommodate the proposed
project. For traffic, even with the additional trips generated, the overall traffic is within
the identified capacity for all roadway segments.
It should be noted that the TIA only studied three tennis courts to go along with either
six or eight pickleball courts. Town staff followed up to determine whether the TIA's.
conclusions would be the same with four tennis courts. The answer is that there would
still be adequate parking, but for traffic, there would be a slight exceedance of the vehicle
trips per day on the segment of Orange Blossom Way between the south parking lot and
El Capitan Drive during school pick-up and drop-off periods. In order to avoid this, the
project would need to be limited to eight pickleball and three tennis courts or six
pickleball and four tennis courts.
Noise
In order to address noise/acoustics, the Town selected Rincon Consultants, Inc. (Rincon).
Rincon had previously prepared CEQA work for proposed pickleball courts in Martinez.
The study prepared by Rincon assumed a total of eight pickleball courts plus three tennis
courts and looked at impacts on surrounding residences (Attachment F). To categorize
ambient noise levels surrounding the proposed project, noise reading measurements
were taken at the following six locations surrounding the current courts:
• At the end of the parking lot to capture noise generated from surrounding park
activity
• Near the parking lot to capture noise levels at the backyard of 882 Orange Blossom
Way
• Approximately 50 feet east of the existing pickleball courts while games were
underway
• At the southern boundary of Osage Station Park to capture noise levels at the
backyard of 535 El Capitan Drive
• Near the west end of the basketball courts at Charlotte Wood Middle School
• Approximately 50 feet north of the northern
The original noise study supporting the Negative Declaration included two factors
challenged by the appellants in this matter. First, it used as a threshold of significance
the noise levels found in Policy 27.09 of the Town's General Plan. Those levels were used
as they are the only quantifiable standards in the General Plan or Municipal Code.
Second, the noise meter used for the testing was set to a "slow" meter response.
Pickleball 5 May 21, 2024
The consultant retained by the appellants in this matter opined that these factors did not
adequately analyze the noise impacts of pickleball due to the "impulsive"nature of the
racket hittingball. It should be noted thatthe appellant's letter and
noise generated by
consultant did not specify a different noise threshold to use in place of those found in
Policy 27.09 of the Town's General Plan. While Town staff remains comfortable with the
original study, our acoustical consultant was asked to reexamine the study, taking into
account the appellant's concerns. This led to the Updated Noise study dated April 18,
2024, and found as Attachment G. This represents a more conservative view of potential
noise impacts.
The first change in the Updated Study is the threshold of significance. The Town 's
consultant recommended the use of residential noise limits found in the Model Community
Noise Control Ordinance (State of California 1977). While the Town has not adopted this
model ordinance, it is used throughout the state for CEQA purposes, including by
agencies that have not formally adopted it. A 5 decibel adjustment was applied to
residential noise limits due to the impulsive nature of pickleball sound. The second
change is that the consultant took another reading of existing noise at the park (identified
as ST -6 in the study) with the noise meter set to a "fast" response. That was then used to
model the projected project noise at nearby residential property lines.
With these two changes, the Updated Study concluded that without mitigation, there
would be some exceedances of the thresholds of significance in some circumstances (see
Table 6 of the Updated Study). Given that, the Updated Study then proposes mitigation
measures to reduce impacts. With mitigation, the noise produced is less than significant.
This finding is the basis for the Mitigated Negative Declaration which is presented for
approval with the project.
The primary mitigation proposed is to include the installation of "sound blankets" on the
fencing surrounding the courts. These had already been approved by the Commission
as a condition of approval -this simply makes it a mitigation measure. The other proposed
mitigations include calling for the use of "Quiet Category" paddles and a future follow-
up study. In addition to these, the Commission had included conditions of approval
aimed at further reducing noise impacts. Those conditions (limiting hours of use and
establishing priority of use for Town activities) are still recommended for approval.
The Updated Study looked at one final issue which the Commission had asked about -if
reducing the total number of courts from eight to six would make a significant difference.
The Updated Study found that this reduction in courts would only reduce noise levels by
1 decibel.
Pickleball 6 May 21, 2024
FISCAL IMPACT
Sufficient funding has been appropriated for pickleball expansion as part of the 2022/23
Capital Improvement Program.
RECOMMENDATION
Adopt Resolution No. 29-2024, Adopting a Mitigated Negative Declaration of
Environmental Significance and approving the Addition of Six New Pickleball Courts
with Associated Seating at Osage Station Park.
Prepared and Reviewed by:
4/?-eP--
Henry Perezalonso
Recreation, Arts & Community Services Director
Attachments: A - Resolution No. 29-2024
B January 2021 Staff Report and Summary of Actions
C - February 2021 Staff Report and Summary of Actions
D - July 2022 Staff Report and Summary of Actions
E- November 2022 Staff Report and Summary of Actions
F - December 2023 Staff Report, Summary of Actions and Negative
Declaration and Supporting Studies
G - Mitigated Negative Declaration and Supporting Studies
H - Correspondence
Pickleball 7 May 21, 2024
DocuSign Envelope ID: 1305E7AF-58E8-49E5-8EE1-6F0500A32177
RESOLUTION NO. 29-2024
ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVING THE ADDITION OF SIX NEW PICKLEBALL
COURTS WITH ASSOCIATED SEATING AT OSAGE STATION PARK
WHEREAS, Policy 19.03 of the Town of Danville's 2030 General Plan calls for the Town
to monitor the adequacy of the Town's existing community facilities and expand capacity
and use as needed; and
WHEREAS, the Town of Danville's Parks, Recreation & Arts Strategic Plan (the
"Strategic Plan"), as updated in 2017, establishes a long range vision for creating and
sustaining the Town's parks and recreation opportunities for residents; and
WHEREAS, Chapter 4 of the Strategic Plan contains a number of recommendations for
sustaining and reinvesting in the Town's parks, including:
• Recommendation 2, "Increase the multi -functionality and recreation value of
existing parks through capital improvements that incorporate new recreation
facilities and features...."; and,
• Recommendation 6, "Support emerging recreation activities to address trends
and add variety to the recreation options in Danville. Examples
...include...pickleball...."; and
WHEREAS, in 2021, the Parks, Recreation and Arts Commission (the "Commission")
approved the conversion of one existing tennis court at Osage Station Park to create two
pickleball courts, the first permanent pickleball courts installed by the Town; and
WHEREAS, based on the popularity and usage of these two courts, coupled with the
rapid growth in pickleball as a recreational activity, in June 2022, the Town Council added
Project B-637 to the Town's Capital Improvement Program to expand the number of
courts available. Project B-637 did not specify a location or the number of courts to be
added, deferring those decisions to the Commission; and
WHEREAS, at its July 13, 2022, meeting, the Commission reviewed options for location
of new pickleball courts in a number of Town parks and determined that adding courts
at Osage Station Park was the best location; and
WHEREAS, at its meetings of November 9 and November 30, 2022, the Commission
conducted public hearings to review options for additional courts at Osage Station Park,
including the number of pickleball courts, the number of tennis courts, hours of use,
precise siting within the park, seating options, etc. The Commission received extensive
public input on the proposal; and
DocuSign Envelope ID: 1305E7AF-58E8-49E5-8EE1-6F0500A32177
WHEREAS, at the conclusion of the November 30, 2022, meeting, the Commission
unanimously directed staff to conduct an Initial Study pursuant to the California
Environmental Quality Act ("CEQA"), to retain an acoustical consultant to assist in the
environmental review, which would look at the potential environmental impacts of
creating a project with a maximum of eight pickleball courts and four tennis courts, along
with bench seating; and
WHEREAS, pursuant to the requirements of CEQA, an Initial Study of Environmental
Significance was prepared for the project, which included a Noise Study prepared by
Rincon Consultants, Inc. and a Transportation Impact Study prepared by Kimley - Horn
Associates, Inc. These studies concluded that adding six new pickleball courts would not
result in any significant environmental impacts in the areas of Noise and Transportation
and, on that basis, a draft Negative Declaration of Environmental Significance was
prepared; and
WHEREAS, the Town's Parks, Recreation and Arts Commission held a public hearing on
December 13, 2023, to consider the project and the Negative Declaration of
Environmental Significance; and
WHEREAS, at the conclusion of the public hearing, the Commission adopted the
Negative Declaration and approved the addition of six new pickleball courts, with
associated seating, at Osage Station Park; and
WHEREAS, on December 19, 2023, a timely appeal of the Commission's decision was
filed on behalf of Preserve Osage Park; and
WHEREAS, subsequent to the Commission's approval, the Town directed its acoustical
consultant to prepare an Updated Noise study applying a more conservative threshold
of significance, studying the noise impacts with the noise meter set to a "fast" setting and
looking at potential noise reductions of reducing the total number of courts from eight to
six; and
WHEREAS, based on the Updated Noise study, it was determined that the project could
potentially lead to thresholds of significance being exceeded. Based on this information,
a draft Mitigated Negative Declaration of Environmental Significance has been prepared
for the project indicating that, as modified through project revisions and/ or
recommended conditions of approval, no significant adverse environmental impacts are
expected to be associated with the project. The draft Mitigated Negative Declaration has
been circulated for public comment and is now recommended for adoption by the Town
Council; now, therefore, be it
RESOLVED that the Danville Town Council adopts the Mitigated Negative Declaration
of Environmental Significance and approves the addition of six new pickleball courts,
PAGE 2 OF RESOLUTION NO. 29-2024
DocuSign Envelope ID: 1305E7AF-58E8-49E5-8EE1-6F0500A32177
with associated seating, at Osage Station Park. This will result in a total of eight pickleball
and three tennis courts. These approvals are based on the following findings in support
of this action:
FINDINGS OF APPROVAL
Mitigated Negative Declaration of Environmental Significance
1. The Council has independently reviewed and analyzed the draft Mitigated
Negative Declaration of Environmental Significance, all documents supporting it
and all comments received.
2. The Council finds that the Mitigated Negative Declaration and supporting
documents reflect the independent judgment of the Council.
3. The City Clerk, whose office is located at 500 La Gonda Way in Danville, is the
custodian of all documents and materials constituting the record of proceedings
of this item before the Council.
4. The mitigations proposed and incorporated into the project as conditions of
approval will mitigate the effects of the project so that no significant effect on the
environment will occur.
5. There is no substantial evidence in the record that the project, as conditioned,
will have a significant impact on the environment.
Approval of Additional Pickleball Courts
1. Chapter 4 of the Danville Parks, Recreation & Arts Strategic Plan (2017 update)
contains a number of recommendations for sustaining and reinvesting in the
Town's parks, including:
a. Recommendation 2, "Increase the multi -functionality and recreation value
of existing parks through capital improvements that incorporate new
recreation facilities and features...."; and
b. Recommendation 6, "Support emerging recreation activities to address
trends and add variety to the recreation options in Danville. Examples
...include ...pickleball...."; and
2. The residents of the Town have demonstrated the need for additional pickleball
courts in Danville.
3. The Council has reviewed the analysis of all Town parks to determine the most
feasible location for additional pickleball courts and concluded that Osage Station
Park is the most feasible.
4. The addition of six pickleball courts at Osage Station Park, for a total of eight
pickleball and three tennis courts, will best serve the needs of the Town's residents,
is consistent with the Town's General Plan and Strategic Plan and adds to the
variety of recreational uses at Osage Station Park.
PAGE 3 OF RESOLUTION NO. 29-2024
DocuSign Envelope ID: 1305E7AF-58E8-49E5-8EE1-6F0500A32177
CONDITIONS OF APPROVAL
Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated
Negative Declaration of Environmental Significance prepared for the project.
The following conditions of approval shall be incorporated into the project approval:
1. Hours of play for the pickleball courts shall be limited to 7:30 a.m. to Dusk on
weekdays, and 8:00 a.m. to Dusk on weekends.
2. Town leagues, classes and camps will have first priority use of the courts.
3. No commercial use, league play or tournaments, other than those offered by the
Town's Recreation Department, will be allowed.
4. Prior to project operation, affix sound blankets of a minimum 12 foot height to the chain-
link fences enclosing the courts along the project southern, western, and eastern court
boundaries. The sound blankets shall be at least 1/8 -inch thick, continuous from grade to
top of the blankets with no gaps and have a minimum sound transmission class (STC) rating
of 28.
S. Prior to project operation, post signs at the pickleball court entrances with a list of
allowable USA Pickleball "Quiet Category "-compliant paddles. Non -quiet paddles shall
be prohibited.
6. Following project implementation, the Town shall retain a qualified acoustical consultant
to measure project operational noise levels to verify that noise levels at the closest
residential property lines do not exceed the Town's thresholds.
APPROVED by the Danville Town Council at a regular meeting on May 21, 2024, by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
1--DocuSigned by:
E44,1 foLfsi
CiffrinRNEy
MAYOR
ATTEST:
CITY CLERK
PAGE 4 OF RESOLUTION NO. 29-2024