HomeMy WebLinkAboutPC-1012-2018 (SBDV-1211-2017 and EID-1303-2017 -- 3063 Rockview Pl.)RESOLUTION NO. PC-1012-2018
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, RECOMMENDING THE CITY
COUNCIL ADOPT A COMMON INTEREST VESTING TENTATIVE
TRACT MAP NO. 3113 TO CREATE EIGHT (8) RESIDENTIAL LOTS, A
USE PERMIT TO ALLOW DEVELOPMENT ON A SITE WITH A
SPECIAL CONSIDERATIONS OVERLAY, AND A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL REVIEW (SBDV-
1211-2017/EID-1303-2017)
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing on June 18, 2018 in the Council Hearing Room of City Hall, 990 Palm
Street, San Luis Obispo, California, for the purpose of considering ARCH-1209-2017, an
architectural review of eight residential units;
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing on July 11, 2018 in the Council Chamber of City Hall, 990 Palm. Street, San Luis Obispo,
California, for the purpose of considering SBDV-1211-2017, a vesting tentative tract map
subdividing an approximately 1.04-acre site into 8 lots;
WHEREAS, the Planning Commission considered an Initial Study -Mitigated Negative
Declaration (IS-MND) analyzing the proposed vesting tentative tract map; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. CE A Findings. Mitigation Measures and Mitigation Monitoring
Pro&xram. Based upon all the evidence, the Planning Commission recommends that the City
Council adopt the proposed Mitigated Negative Declaration of Environmental Impact that finds
that with incorporation of mitigation measures, environmental impacts will be less than significant
as follows:
Air Quality
AQ-1: Prior to grading plan approval, the project proponent shall ensure that a geologic evaluation
should be conducted to determine if NOA is present within the area that will be disturbed. If NOA
is not present, an exemption request must be filed with the District. If NOA is found at the site, the
applicant must comply with all requirements outlined in the Asbestos ATCM. This may include
development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for
Resolution No. PC- 1012-2018 (2018 Series) Page 2
approval by the APCD. Technical Appendix 4.4 of this Handbook includes a map of zones
throughout SLO County where NOA has been found and geological evaluation is required prior
to any grading. More information on NOA can be found at hM-//www_slocicanair.or rules -
re gu lati on slasbe stos. phn .
AQ-1 Monitoring Plan: All mitigation measures shall be shown on grading and building
plans. In addition, the contractor shall designate a person or persons to monitor compliance
with APCD requirements. The name and telephone number of such persons shall be
provided to the APCD, Community Development and Public Works Departments prior to
commencement of construction. The applicant shall provide documentation of compliance
with APCD requirements to City staff prior to issuance of any grading or building permits.
AQ-2: Any scheduled demolition activities or disturbance, removal, or relocation of utility
pipelines shall be coordinated with the APCD Enforcement Division at (805) 781-5912 to ensure
compliance with NESHAP, which include, but are not limited to: 1) written notification, within at
least 10 business days of activities commencing, to the APCD, 2) asbestos survey conducted by a
Certified Asbestos Consultant, and, 3) applicable removal and disposal requirements of identified
ACM. More information on NOA can be found at hgp://www.slocleanair.org/rules-
regulations/asbestos.php.
AQ-2 Monitoring Plan: All mitigation measures shall be shown on grading and building
plans. In addition, the contractor shall designate a person or persons to monitor compliance
with APCD requirements. Their duties shall include holiday and weekend periods when
work may not be in progress. The name and telephone number of such persons shall be
provided to the APCD, Community Development and Public Works Departments prior to
commencement of construction.
AQ-3: During construction/ground disturbing activities, the applicant shall implement the
following particulate (dust) control measures. These measures shall be shown on grading and
building plans. In addition, the contractor shall designate a person or persons to monitor the dust
control program and to order increased watering, modify practices as necessary, to prevent
transport of dust off site. Their duties shall include holiday and weekend periods when work may
not be in progress. The name and telephone number of such persons shall be provided to the
Community Development and Public Works Departments prior to commencement of construction.
a. Reduce the amount of disturbed area where possible.
b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site and from exceeding the APCD's limit of 20% opacity
for no greater than 3 minutes in any 60-minute period. Increased watering
frequency will be required whenever wind speeds exceed 15 m.p.h. and cessation
of grading activities during periods of winds over 25 m.p.h. Reclaimed (non -
potable) water is to be used in all construction and dust -control work.
c. All dirt stock pile areas (if any) shall be sprayed daily and covered with tarps or
other dust barriers as needed.
d. Permanent dust control measures identified in the approved project revegetation
and landscape plans shall be implemented as soon as possible, following
completion of any soil disturbing activities.
Resolution No. PC- 1012-2018 (2018 Series)
Page 3
e. Exposed grounds that are planned to be reworked at dates greater than one month
after initial grading shall be sown with a fast germinating, non-invasive, grass
seed and watered until vegetation is established.
f. All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the APCD.
g. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon
as possible. In addition, building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.
h. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any
unpaved surface at the construction site.
i. All trucks hauling dirt, sand, soil, or other loose materials, are to be covered or
shall maintain at least two feet of freeboard (minimum vertical distance between
top of load and top of trailer) in accordance with California Vehicle Code Section
23114.
j. Install wheel washers where vehicles enter and exit unpaved roads onto streets or
wash off trucks and equipment leaving the site.
k. Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers shall be used with reclaimed water where
feasible. Roads shall be pre -wetted prior to sweeping when feasible.
1. All PM10 mitigation measures required shall be shown on grading and building
plans.
in. The contractor or builder shall designate a person or persons to monitor the
fugitive dust emissions and enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible emissions below the
APCD's limit of 20% opacity for no greater than 3 minutes in any 60-minute
period. Their duties shall include holidays and weekend periods when work may
not be in progress. The name and telephone number of such persons shall be
provided to the APCD Compliance Division prior to the start of any grading,
earthwork or demolition.
AQ-3 Monitoring Plan: All mitigation measures shall be shown on grading and building
plans. In addition, the contractor shall designate a person or persons to monitor the dust
control program and to order increased watering, as necessary, to prevent transport of dust
off site. Their duties shall include holiday and weekend periods when work may not be in
progress. The name and telephone number of such persons shall be provided to the APCD,
Community Development and Public Works Departments prior to commencement of
construction.
AQ-4: Prior to any construction activities at the site, the project proponent shall ensure that all
equipment and operations are compliant with California Air Resource Board and APCD
permitting requirements and shall contact the APCD Engineering Division at (805) 781-5912 for
specific information regarding permitting requirements.
AQ-4 Monitoring Plan: All mitigation measures shall be shown on grading and building
plans. In addition, the contractor shall designate a person or persons to monitor compliance
with APCD requirements. The name and telephone number of such persons shall be
Resolution No. PC- 1012-2018 (2018 Series)
Page 4
provided to the APCD, Community Development and Public Works Departments prior to
commencement of construction. The applicant shall provide documentation of compliance
with APCD requirements to City staff prior to issuance of any grading or building permits.
AQ-5: To reduce sensitive receptor emissions impact of diesel vehicles and equipment used to
construct the project and export soil from the site, the applicant shall implement the following
idling control techniques:
1. California Diesel Idling Regulations
a. On -road diesel vehicles shall comply with Section 2485 of Title 13 of the
California Code of regulations. This regulation limits idling from diesel -fueled
commercial motor vehicles with gross vehicular weight ratings of more than
10,000 pounds and licensed for operation on highways. It applies to California
and non -California based vehicles. In general, the regulation specifies that drivers
of said vehicles:
1. Shall not idle the vehicle's primary diesel engine for greater than 5 minutes
at any location, except as noted in Subsection (d) of the regulation; and,
2. Shall not operate a diesel -fueled auxiliary power system (APS) to power a
heater, air conditioner, or any ancillary equipment on that vehicle during
sleeping or resting in a sleeper berth for greater than 5.0 minutes at any
location when within 1,000 feet of restricted area, except as noted in
Subsection (d) of the regulation.
b. Off -road diesel equipment shall comply with the 5-minute idling restriction
identified in Section 2449(d)(2) of the California Air Resources Board's In -Use
Off -road Diesel regulation.
c. Signs must be posted in the designated queuing areas and job sites to remind
drivers and operators of the state's 5-minute idling limit.
2. Diesel Idling Restrictions Near Sensitive Receptors (residential homes). In addition to the
State required diesel idling requirements, the project applicant shall comply with these
more restrictive requirements to minimize impacts to nearby sensitive receptors:
a. Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors.
b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted.
c. Use of alternative fueled equipment is recommended.
d. Signs that specify the no idling areas must be posted and enforced at the site.
3. Soil Transport. It is estimated that 16,000 cubic yards of cut material (i.e., soils) will be cut
from the site, but the final volume of soil that will be hauled off -site, together with the fleet
mix, hauling route, and number of trips per day will need to be identified for the APCD.
Specific standards and conditions will apply.
AQ-5 Monitoring Plan: All mitigation measures shall be shown on grading and building
plans. In addition, the contractor shall designate a person or persons to monitor that idling
control techniques are being implemented to reduce sensitive receptor emissions impact of
diesel vehicles and equipment during construction. Their duties shall include holiday and
weekend periods when work may not be in progress. The name and telephone number of
such persons shall be provided to the APCD, Community Development and Public Works
Departments prior to commencement of construction. The applicant shall provide
Resolution No. PC- 1012-2018 (2018 Series)
Page 5
documentation of compliance with APCD requirements to City staff prior to issuance of
any grading or building permits.
Cultural and Tribal Resources
CR-1: Preservation of Archeological Resources. A monitoring plan shall be prepared and
approved by the City prior to building permit approval. The plan shall include survey results that
outline where monitoring is required on the site and note when a Native American monitor is
required. The plan shall provide protocols for stoppage of work and treatment of human remains,
staff education requirements, and a data recovery plan to be implemented in case significant
deposits are exposed.
CR-1 Monitoring Plan: Building/grading plans shall show and outline all details and
requirements of the monitoring plan prepared by a City qualified Registered Professional
Archeologist to be implemented during construction. The monitoring plan shall specify
methods and procedures for identifying those deposits during construction; standards for
assessing the significance and integrity of any deposits so identified; and methods and
procedures for mitigating impacts on significant deposits. The plan also shall identify the
qualified professional who will conduct the monitoring and circumstances where a Native
American tribal representative or qualified site monitor may be required.
SECTION 2. Fflidliigs. Based upon all the evidence, the Planning Commission
recommends that the City Council adopt the following findings in support of the project:
a) As conditioned, the design of the Vesting Tentative Tract Map is consistent with the
General Plan because the proposed subdivision respects existing site constraints and
will incrementally add to the City's residential housing inventory.
b) The site is physically suited for the type of development allowed in the medium -high
density (R-2-SP) and conservation /open space (C/OS) zone.
c) The tentative map, as conditioned, will comply with all environmental mitigation
measures prescribed herein, and therefore is consistent with the California
Environmental Quality Act and the Initial Study -Mitigated Negative Declaration (IS-
MND).
d) The design of the vesting tentative tract map and the proposed improvements are not
likely to cause serious health problems or substantial environmental damage since
further development or redevelopment of the proposed parcels will occur consistent
with the City's Development Standards, Mitigation Measures, and Conditions of
Approval.
e) The project insures safe, orderly development along Rockview Place because the
project complies with the City's housing goals and the City's General Plan for
maintaining compact urban form.
Resolution No. PC- 1012-2018 (2018 Series)
Page 6
Findings for Special Considerations
f) Necessary public improvements are being secured through the permitting of the
proposed project, including frontage improvements and street trees.
g) Site drainage has been designed consistent with the stormwater control plan post
construction requirements.
h) The proposed project conforms to the Zoning Regulations requirement with the
approval of the use permit because the special considerations overlay that pertains to
substandard street width, slope, and drainage concerns site are addressed as part of the
project design.
SECTION 3. Action. The Planning Commission does hereby recommend the City
Council approve application SBDV-1211-2017 (VTM No. 3113), a vesting tentative tract map to
create up to eight (8) residential lots, subject to the following conditions:
Planning Division — Community Development Department
1. The project shall comply with the mitigation measures outlined in the Initial Study Mitigated
Negative Declaration.
2. The subdivider shall include the common open space area within an easement as a part of the
Final Vesting Tract Map to the satisfaction of the Community Development Director and the
Public Works Director.
Natural Resources Division - Administration Department
3. The subdivider shall dedicate a Private Open Space Easement encumbering the open space
area shown on the Vesting Tentative Tract Map to the satisfaction of the Natural Resources
Manager and in a form approved by the City Attorney.
Engineering Division — Public Works/Community Development Department
4. The subdivision shall be recorded with a final map. The map preparation and monumentation
shall be in accordance with the City's Subdivision Regulations, Engineering Standards, and
the Subdivision Map Act. The map shall use U.S. Customary Units in accordance with the
current City Engineering Standards. A separate application, checklist, and final map review
fee shall be paid at the time of final map processing.
5. Park in -lieu fees shall be paid for each new dwelling unit prior to map recordation. The fees
shall be based on the fee resolution in effect at the time of map recordation. Credit for the
removal of any lawful unit will be applied to the final fee.
6. Building demolitions and utility abandonments shall be completed to the satisfaction of the
City prior to map recordation. Utility abandonments related to the required subdivision
Resolution No. PC- 1012-2018 (2018 Series)
Page 7
improvements may be deferred if covered with the subdivision agreement and appropriate
surety.
7. Any easements including but not limited to provisions for all public and private utilities,
access, grading, drainage, slope banks, construction, common driveways, common areas, and
the maintenance of the same shall be shown on the final map and/or shall be recorded
separately prior to map recordation if applicable. Said easements may be provided for in part
or in total as blanket easements.
8. The required dedications for street purposes (curb, gutter, and sidewalk) and for the public
pedestrian easement for the ADA sidewalk extension at the driveway approach shall be based
on the approved subdivision improvement plans and shall be shown and noted on the final
map.
9. The street improvement plans shall detail any transition from the new integral curb, gutter, and
sidewalk back to the adjoining sections of 4' sidewalk where a transition is practical. The
northerly transition shall consider and provide a minimum 4' clearance around the existing
utility pole to remain in accordance with ADA and City Engineering Standards.
10. The subdivider shall dedicate a 10' wide street tree easement and public utility easement
(P.U.E.) across the frontage of each lot bordering Rockview Place.
11. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall be
served to each lot/parcel to the satisfaction of the Public Works Director and serving utility
companies. A private common sewer main may be proposed to the satisfaction of the Building
Official, Utilities Engineer, and Public Works Director. Wire utilities to new
residences/structures shall be underground.
12. Unless otherwise required by the Fire Department for an on -site fire hydrant or NFPA 13-R
fire sprinkler system, the project should be designed with residential NFPA 13-D fire sprinkler
systems served through the individual domestic meters. The common 4" fire service lateral
and double-check assembly shown on the tentative plans should be removed.
13. A separate subdivision improvement plan submittal is not required. The building plan
submittal may be used to show all required public and private subdivision improvements.
Improvements located within the public right-of-way will require a separate encroachment
permit and associated inspection fees based on the fee schedule in effect at the time of permit
issuance. A separate subdivision improvement plan review fee and subdivision map check fee
will be required for the review of subdivision improvements and map in accordance with the
most current fee resolution.
14. These lots shall be considered a common plan of development in relation to the Post
Construction Stormwater Requirements as promulgated by the Regional Water Quality Control
Board for redeveloped sites. The building plan submittal shall show compliance with the Post
Construction Stormwater Requirements. The replaced sidewalk shall be considered in the
compliance documentation and improvement plan design. The runoff from the sidewalk shall
be treated for water quality in accordance with the PCR's.
Resolution No. PC- 1012-2018 (2018 Series)
Page 8
15. An operations and maintenance manual (O&M) will be required for the post construction
stormwater improvements. The manual shall be provided at the time of building permit
application and shall be accepted by the City prior to building permit issuance. A private
stormwater conveyance agreement will be required and shall be recorded prior to final
inspection approvals. The O & M manual shall include provisions for the management and
maintenance of any nuisance created within the public right-of-way as a result of the discharge
of stormwater or groundwater to the public right-of-way.
16. In accordance with City Engineering Standard 1010 Section 5.3.1 (formerly 1010.B), the
developer shall retain any collected groundwater or stormwater on -site. If retention on -site is
impractical or infeasible, the developer shall provide for an alternate solution to the satisfaction
of the City Engineer. Such solution may include but is not limited to, the extension of a public
storm drain connection, a private storm drain system, or enhanced private off -site maintenance
requirements of the developer and/or Homeowners Association. A Notice of Requirements
may be required in conjunction with the map recordation.
Indemnification
17. Pursuant to Government Code § 66474.9(b), the subdivider shall defend, indemnify and hold
harmless the City and /or its agents, officers and employees from any claim, action or
proceeding against the City and /or its agents, officers or employees to attack, set aside, void
or annul, the approval by the City of this subdivision, and all actions relating thereto, including
but not limited to environmental review.
Upon motion of Commissioner Jorgensen, seconded by Commissioner Dandekar, and on
the following roll call vote:
AYES: Commissioners Jorgensen, Dandekar, Wulkan, McKensie and Vice -chair
Stevenson
NOES:
ABSENT: Commissioner Osterbur and Chair Fowler
ABSTAIN:
The foregoing resolution was adopted this I 1 th day of July 2018.
Doug Davidson, Secretary
Planning Commission