HomeMy WebLinkAboutR-11162 approving a Common Interest VTTM 3140 to create 10 residential lots and 5 two-story residencR 11162
RESOLUTION NO. 11162 (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A COMMON INTEREST
VESTING TENTATIVE TRACT MAP NO. 3140 TO CREATE TEN (10)
RESIDENTIAL LOTS AND THE DEVELOPMENT REVIEW OF FIVE
NEW TWO-STORY SINGLE-FAMILY RESIDENTIAL STRUCTURES IN
THE MEDIUM DENSITY, HISTORIC PRESERVATION OVERLAY (R-2-
H) ZONE, AND ADOPTING A MITIGATED NEGATIVE DECLARATION
OF ENVIRONMENTAL REVIEW (ARCH-0568-2019/SBDV-0571-
2019/EID-0800-2019)
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted
a web based public hearing on June 22, 2020, recommending the Planning Commission find the
project consistent with the Historic Preservation Ordinance and Historic Preservation Program
Guidelines, pursuant to a proceeding instituted under ARCH-0568-2019, SBDV-0571-2019, and
EID-0800-2019, Levi Seligman, applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a web based public hearing on June 6, 2020, recommending the Planning Commission
find the project consistent with the Community Design Guidelines, pursuant to a proceeding
instituted under ARCH-0568-2019, SBDV-0571-2019, and EID-0800-2019, Levi Seligman,
applicant and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web
based public hearing on July 22, 2020, for the purposes of considering SBDV-0571-2019, ARCH-
0568-2019 and EID-0800-2019, a vesting tentative tract map subdividing an approximately 0.86-
acre site into 10 lots, the design of the project, and considered an Initial Study-Mitigated Negative
Declaration (IS-MND) analyzing the proposed vesting tentative tract map and project design, Levi
Seligman, applicant; and;
WHEREAS, the City Council of the City of San Luis Obispo conducted a web based
public hearing on September 1, 2020, for the purpose of considering SBDV-0571-2019, ARCH-
0568-2019 and EID-0800-2019, a vesting tentative tract map subdividing an approximately 0.86-
acre site into 10 lots, the design of the project, and considered an Initial Study-Mitigated Negative
Declaration (IS-MND) analyzing the proposed vesting tentative tract map and project design; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. The City Council hereby approves the project (SBDV 0571-2019,
ARCH-0568-2019, & EID-0800-2019), based on the following findings:
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1. As conditioned, the project will not be detrimental to the health, safety, and welfare of persons
living or working at the site or in the vicinity because the project respects site constraints and
will be compatible with the scale and character of the neighborhood.
2. The project is consistent with Land Use Element Policy 2.2.7 because the project includes
infill development and rehabilitation efforts that contribute positively to the existing
neighborhood and surrounding area.
3. The project is consistent with Land Use Element Policy 2.8 because the project includes the
rehabilitation and maintenance of existing housing and provides additional dwellings that
keep with density limits and do not significantly change the existing character of the area in
a Downtown residential area.
4. The project is consistent with Land Use Element Policy 2.9 because the project provides
Downtown housing that minimizes the need for automobile use and storage of vehicles in
surrounding neighborhoods.
5. The project is consistent with Land Use Element Policy 4.2.1 because the project protects
existing and provides new residential uses around the Downtown core and contributes to the
variety of housing types in the area.
6. The project is consistent with Housing Element policies and programs (6.10 and 6.17)
because the project consists of residential infill development.
7. The project is consistent with the Conservation and Open Space Element Policy 4.4.3 because
the project promotes higher-density, compact housing to achieve more efficient use of public
facilities and services, and to improve the City’s jobs/housing balance.
8. As conditioned, the project is consistent with the Zoning Regulations, since the proposed
building design complies with property development standards for height, coverage, and
parking, for the Medium Density Residential (R-2) zone.
Architectural Review Findings
9. The project is consistent with the Historic Preservation Ordinance and Historic Preservation
Program Guidelines for construction in historic districts because the structures are designed
to be architecturally compatible with the districts prevailing character and nearby historic
resources. The project is consistent with the scale, massing, rhythm, signature architectural
elements, exterior materials, siting and street yard setbacks of the district's historic structures
and does not sharply contrast with, significantly block public views of, or visually detract
from, the historic architectural character of historically designated structures located on or
adjacent to the project site.
10. As conditioned, the project is consistent with the Community Design Guidelines for Infill
Development because the architectural style is complementary to the surrounding
neighborhood and is designed consistent with the prevailing setback pattern of the
neighborhood (CDG, Chapter 5.3 & 5.4).
11. As conditioned, the project design is consistent with the Community Design Guidelines by
providing a variety of architectural treatments that add visual interest and articulation to the
building design that are compatible with the design and scale of the existing structures in the
surrounding neighborhood (CDG, Chapter 5.3).
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Subdivision Findings
12. The site is physically suited for the type of development allowed in the medium-density (R-
2) zone and provides for passive and natural heating or cooling opportunities i n the
subdivision.
13. 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 Deceleration (IS-MND).
14. The design of the vesting tentative map and 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.
15. The project insures safe, orderly development because the project complies with the City’s
housing goals and the City’s General Plan to maintain a compact urban form.
Variable Side and Rear Setback in New Subdivision Findings
16. The reduced side and rear setbacks proposed (a setback of five feet where seven is the
standard, six feet where eight feet is the standard, seven feet where nine feet is the standard,
and eight feet where eleven feet is the standard) are consistent with section 17.70.170. (D.2.c)
of the Zoning Regulations, because a separation of at least 10 feet between buildings on
adjacent lots will be maintained and an acceptable level of solar exposure will be guaranteed
by the proposed setbacks consistent with the solar access standards of General Plan
Conservation and Open Space Element Policy 4.5.1. The setbacks are consistent with this
policy because most roof areas, nearly all second-story south walls, and most first-story south
walls will be unshaded between 10 a.m. and 3 p.m. on the winter solstice.
17. All proposed side and rear building setback exceptions meet the five-foot minimum
requirement specified in the Zoning Regulations for the R-2 zone.
18. All setbacks between proposed structures and previously established property lines are
consistent with Zoning Regulations Standards for the R-2 Zone.
Tandem Parking Findings
19. As conditioned, the proposed tandem parking for residential use is consistent with section
17.72.090 (C.1) because the spaces are identified for the exclusive use of occupants of a
designated dwelling.
20. The proposed tandem parking provides needed flexibly on a site constrained by the location
of existing historic structures and existing parking arrangements.
21. The proposed tandem parking is safe and compatible with the surrounding neighborhood
because both Peach and Toro Streets are classified as Residential Local streets and are
consistent with the current parking arrangement on site and in the neighborhood.
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SECTION 2. Environmental Review. The City Council hereby adopts the proposed Initial
Study/Mitigated Negative Declaration (IS/MND) of Environmental Impact, based on
incorporation of the following mitigation measures, which will reduce potential environmental
impacts to less than significant.
AIR QUALITY
AQ-1 During all construction activities and use of diesel vehicles, the applicant shall implement
the following idling control techniques:
1. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment.
a. Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors if feasible; and
b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; and
c. Use of alternative fueled equipment shall be used whenever possible; and
d. Signs that specify the no idling requirements shall be posted and enforced at the
construction site.
2. California Diesel Idling Regulations. 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:
a. 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
b. 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 a restricted area, except as noted in Subsection (d) of the regulation.
Signs must be posted in the designated queuing areas and job sites to remind drivers
of the 5-minute idling limit. The specific requirements and exceptions in the
regulation can be reviewed at the following website:
www.arb.ca.gov/msprog/truck-idling/2485.pdf.
AQ-2 During all construction and ground-disturbing activities, the applicant shall implement the
following particulate matter control measures and detail each measure on the project
grading and building plans. In addition, 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 holiday and weekend periods when work may not be in progress. The
name and telephone number of such persons shall be provided to the City Community
Development Department prior to commencement of construction. 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.
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a. Reduce the amount of disturbed area where possible.
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site and from exceeding the SLOAPCD’s limit of 20%
opacity for greater than 3 minutes in any 60-minute period. Increased watering
frequency would be required whenever wind speeds exceed 15 miles per hour.
Reclaimed (non-potable) water should be used whenever possible.
c. All dirt stockpile 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.
e. Exposed grounds that are planned to be reworked at dates greater than 1 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 SLOAPCD.
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 miles per hour 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 2 feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with California Vehicle Code Section 23114.
j. “Track Out” is defined as sand or soil that adheres to and/or agglomerates on the
exterior surfaces of motor vehicles and/or equipment (including tires) that may then
fall onto any highway or street as described in California Vehicle Code Section
23113 and California Water Code Section 13304. To prevent track out, designate
access points and require all employees, subcontractors, and others to use them.
Install and operate a “track-out prevention device” where vehicles enter and exit
unpaved roads onto paved streets. The track-out prevention device can be any
device or combination of devices that are effective at preventing track out, located
at the point of intersection of an unpaved area and a paved road. Rumble strips or
steel plate devices need periodic cleaning to be effective. If paved roadways
accumulate tracked out soils, the track-out prevention device may need to be
modified.
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.
l. All PM10 mitigation measures required should be shown on grading and building
plans.
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m. The contractor or builder shall designate a person or persons whose responsibility
is to ensure any fugitive dust emissions do not result in a nuisance and to enhance
the implementation of the mitigation measures as necessary to minimize dust
complaints and reduce visible emissions below the SLOAPCD’s limit of 20%
opacity for greater than 3 minutes in any 60-minute period. Their duties shall
include holidays and weekend periods when work may not be in progress (for
example, wind-blown dust could be generated on an open dirt lot). The name and
telephone number of such persons shall be provided to the SLOAPCD Compliance
Division prior to the start of any grading, earthwork, or demolition (Contact Tim
Fuhs at 805-781-5912).
AQ-3 Prior to initiation of ground-disturbing activities, the applicant shall retain a registered
geologist to conduct a geologic evaluation of the property, including sampling and testing
for NOA in full compliance with SLOAPCD requirements and the CARB ATCM for
Construction, Grading, Quarrying, and Surface Mining Operations (17 CCR 93105). This
geologic evaluation shall be submitted to the City Community Development Department
upon completion. If the geologic evaluation determines that the project would not have the
potential to disturb NOA, the applicant must file an Asbestos ATCM exemption request
with the SLOAPCD.
AQ-4 If NOA are determined to be present on-site, proposed earthwork, demolition, and
construction activities shall be conducted in full compliance with the various regulatory
jurisdictions regarding NOA, including the CARB ATCM for Construction, Grading,
Quarrying, and Surface Mining Operations (17 CCR 93105) and requirements stipulated
in the National Emission Standard for Hazardous Air Pollutants (NESHAP; 40 Code of
Federal Regulations [CFR] Section 61, Subpart M – Asbestos). These requirements
include, but are not limited to, the following:
a. Written notification, within at least 10 business days of activities commencing, to
the SLOAPCD;
b. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant;
and
c. Implementation of applicable removal and disposal protocol and requirements for
identified NOA.
AQ-5 Prior to initiation of demolition activities, the applicant shall implement the following
measures to reduce the risk associated with disturbance of ACM and lead-coated materials
that may be present within the existing structures onsite:
a. Demolition of the on-site structures shall comply with the procedures required by
the National Emission Standards for Hazardous Air Pollutants (40 CFR 61, Subpart
M – Asbestos) for the control of asbestos emissions during demolition activities.
SLOAPCD is the delegated authority by the U.S. EPA to implement the Federal
Asbestos NESHAP. Prior to demolition of on-site structures, SLOAPCD shall be
notified, per NESHAP requirements. The project applicant shall submit proof that
SLOAPCD has been notified prior to demolition activities to the City Community
Development Department.
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b. If during the demolition of the existing structures, paint is separated from the
construction materials (e.g., chemically or physically), the paint waste shall be
evaluated independently from the building material by a qualified hazardous
materials inspector to determine its proper management. All hazardous materials
shall be handled and disposed of in accordance with local, state, and federal
regulations. According to the Department of Toxic Substances Control (DTSC), if
the paint is not removed from the building material during demolition (and is not
chipping or peeling), the material can be disposed of as non-hazardous construction
debris. The landfill operator shall be contacted prior to disposal of lead-based paint
materials. If required, all lead work plans shall be submitted to SLOAPCD at least
10 days prior to the start of demolition. The applicant shall submit proof that paint
waste has been evaluated by a qualified hazardous waste materials inspector and
handled according to their recommendation to the City Community Development
Department.
Monitoring Program: Measures AQ-1 and AQ-2 shall be incorporated into project grading and
building plans for review and approval by the City Community Development Department.
Compliance shall be verified by the City during regular inspections, in coordination with the
County of San Luis Obispo Air Pollution Control District, as necessary. The applicant shall submit
the geologic evaluation detailed in measure AQ-3 and documentation showing compliance with
measures AQ-4 and AQ-5 to the City Community Development Department upon completion and
prior to issuance of grading permits.
BIOLOGICAL RESOURCES
BIO-1 If feasible, tree removal associated with any future residential (or accessory) development
at the project site shall be scheduled to occur from September 16 to January 31, outside of
the typical nesting bird season, to avoid potential impacts to nesting birds. If tree removal
or other construction activities are proposed during the nesting season (February 1 through
September 15), prior to any ground disturbing activity, surveys for active nests shall be
conducted by a qualified biologist within one week prior to the start of activities. If nesting
birds are located on or near the proposed project site, they shall be avoided until they have
successfully fledged, or the nest is no longer deemed active. A non-disturbance buffer of
50 feet will be placed around non-listed, passerine species, and a 250-foot buffer will be
implemented for raptor species. All activity will remain outside of that buffer until a
qualified biologist has determined that the young have fledged or that proposed
construction activities would not cause adverse impacts to the nest, adults, eggs, or young.
If special-status avian species are identified, no work shall be conducted until an
appropriate buffer is determined in consultation with the City and the California
Department of Fish and Wildlife and/or the U.S. Fish and Wildlife Service.
Monitoring Program: These conditions and measures shall be noted on all grading and
construction plans. The City Community Development Department and Natural Resources
Manager shall verify compliance through regular inspections and review of monitoring reports, as
necessary.
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CULTURAL RESOURCES
CR-1 Cultural Resource Awareness Training. Prior to construction activities, a qualified
archaeologist shall conduct a cultural resource awareness training for all construction
personnel including the following:
a. Review the types of archaeological artifacts that may be uncovered;
b. Provide examples of common archaeological artifacts to examine;
c. Review what makes an archaeological resource significant to archaeologists and
local native Americans;
d. Describe procedures for notifying involved or interested parties in case of a new
discovery;
e. Describe reporting requirements and responsibilities of construction personnel;
f. Review procedures that shall be used to record, evaluate, and mitigate new
discoveries; and
g. Describe procedures that would be followed in the case of discovery of disturbed
as well as intact human burials and burial-associated artifacts.
CR-2 If cultural resources are encountered during subsurface earthwork activities, all ground
disturbing activities within a 25-foot radius of the find shall cease and the City shall be
notified immediately. Work shall not continue until a City-qualified archaeologist assesses
the find and determines the need for further study. If the find includes Native American
affiliated materials, a local Native American tribal representative will be contacted to work
in conjunction with the City-approved archaeologist to determine the need for further
study. A standard inadvertent discovery clause shall be included in every grading and
construction contract to inform contractors of this requirement. Any previously
unidentified resources found during construction shall be recorded on appropriate
California Department of Parks and Recreation (DPR) forms and evaluated for significance
in terms of CEQA criteria by a qualified archaeologist.
If the resource is determined significant under CEQA, the qualified archaeologist shall
prepare and implement a research design and archaeological data recovery plan, in
conjunction with locally affiliated Native American representative(s) as necessary, that will
capture those categories of data for which the site is significant. The archaeologist shall
also perform appropriate technical analysis, prepare a comprehensive report, and file it with
the Central Coast Information Center (CCIC), located at the University of California, Santa
Barbara, and provide for the permanent curation of the recovered materials.
CR-3 In the event that human remains are exposed during earth disturbing activities associated
with the project, an immediate halt work order shall be issued and the Community
Development Director and locally affiliated Native American representative(s) (as
necessary) shall be notified. State Health and Safety Code Section 7050.5 requires that no
further disturbance of the site or any nearby area reasonably suspected to overlie adjacent
human remains shall occur until the County Coroner has made the necessary findings as to
origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains
are determined to be of Native American descent, the coroner shall notify the Native
American Heritage Commission within 24 hours. These requirements shall be printed on
all building and grading plans.
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Monitoring Program: These conditions shall be noted on all grading and construction plans. The
City shall review and approve the City-qualified archaeologist consistent with the Archaeological
Resource Preservation Program Guidelines.
HAZARDS AND HAZARDOUS MATERIALS
Implement Mitigation Measures AQ-3, AQ-4, and AQ-5.
Monitoring Program: Measures AQ-1 and AQ-2 shall be incorporated into project grading and
building plans for review and approval by the City Community Development Department.
Compliance shall be verified by the City during regular inspections, in coordination with the
County of San Luis Obispo Air Pollution Control District, as necessary. The applicant shall submit
the geologic evaluation detailed in measure AQ-3 and documentation showing compliance with
measures AQ-4 and AQ-5 to the City Community Development Department upon completion and
prior to issuance of grading permits.
NOISE MITIGATION
N-1 For the entire duration of the construction phase of the project, the following Best
Management Practices (BMPs) shall be adhered to:
1. Stationary construction equipment that generates noise that exceeds 60 dBA at the
project boundaries shall be shielded with the most modern noise control devises
(i.e. mufflers, lagging, and/or motor enclosures).
2. Impact tools (e.g., jack hammers, pavement breakers, rock drills, etc.) used for
project construction shall be hydraulically or electrically powered wherever
possible to avoid noise associated with compressed-air exhaust from pneumatically
powered tools.
3. Where use of pneumatic tools is unavoidable, an exhaust muffler on the
compressed-air exhaust shall be used.
4. All construction equipment shall have the manufacturers’ recommended noise
abatement methods installed, such as mufflers, engine enclosures, and engine
vibration insulators, intact and operational.
5. All construction equipment shall undergo inspection at periodic intervals to ensure
proper maintenance and presence of noise control devices (e.g., mufflers,
shrouding, etc.).
N-2 Construction plans shall note construction hours, truck routes, and all construction noise
Best Management Practices (BMPs) on project plans, which shall be reviewed and approved
by the City Community Development Department prior to issuance of grading/building
permits. The City shall provide and post signs stating these restrictions at construction entry
sites prior to commencement of construction and maintained throughout the construction
phase of the project. All construction workers shall be briefed at a pre-construction meeting
on construction hour limitations and how, why, and where BMP measures are to be
implemented.
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N-3 Construction activities shall be conducted so that the maximum noise levels at affected
properties will not exceed 75 dBA for single-family residences where feasible.
N-4 For all construction activity at the project site, additional noise attenuation techniques shall
be employed as needed to ensure that noise levels are maintained within levels allowed by
the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such
techniques shall include, but are not limited to:
• Sound blankets shall be used on noise-generating equipment.
• Stationary construction equipment that generates noise levels above 65 dBA at the
project boundaries shall be shielded with a barrier that meets a sound transmission
class (a rating of how well noise barriers attenuate sound) of 25.
• All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory-recommended mufflers.
• The movement of construction-related vehicles, with the exception of passenger
vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours
between 7:00 A.M. and 7:00 P.M., Monday through Saturday. No movement of
heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving,
Labor Day).
• Temporary sound barriers shall be constructed between construction sites and
affected uses.
N-5 The project contractor shall inform residents and business operators at properties within 300
feet of the project of proposed construction timelines and noise complaint procedures to
minimize potential annoyance related to construction noise. Signs shall be in place prior to
and throughout grading and construction activities informing the public that noise-related
complaints shall be directed to the construction manager prior to the City’s Community
Development Department.
Monitoring Program: These measures shall be incorporated into project grading and building
plans for review and approval by the City Community Development Department. Compliance shall
be verified by the City during regular inspections.
TRIBAL CULTURAL RESOURCES
Implement Mitigation Measures CR-1 through CR-3.
Monitoring Program: These conditions shall be noted on all grading and construction plans. The
City shall review and approve the City-qualified archaeologist consistent with the Archaeological
Resource Preservation Program Guidelines.
UTILITIES AND SERVICES SYSTEM
Implement Mitigation Measures AQ-1 through AQ-5, BIO-1, CR-1 through CR-3, and N-1
through N-5.
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Monitoring Program: Measures AQ-1 and AQ-2 shall be incorporated into project grading and
building plans for review and approval by the City Community Development Department.
Compliance shall be verified by the City during regular inspections, in coordination with the
County of San Luis Obispo Air Pollution Control District, as necessary. The applicant shall submit
the geologic evaluation detailed in measure AQ-3 and documentation showing compliance with
measures AQ-4 and AQ-5 to the City Community Development Department upon completion and
prior to issuance of grading permits. BIO-1, CR-1 through CR-3, and N1 through N-5 shall be
noted on all grading and construction plans. The City Community Development Department shall
verify compliance through regular inspections and review of monitoring reports, as necessary.
SECTION 3. Action. The City Council hereby approves the common interest subdivision
and project design with the incorporation of appropriate conditions. Project conditions of approval
do not include mandatory code requirements. Code compliance will be verified during the plan
check process, which may include additional requirements applicable to the project. The City
Council grants final approval, subject to the following conditions:
Planning Division - Architectural Conditions
1. Final project design and construction drawings submitted for a building permit shall be in
substantial compliance with the project plans approved by the PC (ARCH-0568-2019 &
SBDV-0571-2019). A separate, full-size sheet shall be included in working drawings
submitted for a building permit that lists all conditions and code requirements of project
approval listed as sheet number 2. Reference shall be made in the margin of listed items as
to where in plans requirements are addressed. Any change to approved design, colors,
materials, landscaping, or other conditions of approval must be approved by the Director or
Architectural Review Commission, as deemed appropriate.
2. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements. Colors and materials shall be consistent with the
color and material board submitted and/or reviewed at the Architectural Review Commission
hearing on June 6, 2020.
3. Plans submitted for a building permit shall include recessed window details and all other
details including but not limited to awnings, and railings. Plans shall indicate the type of
materials for the window frames and mullions, their dimensions, and colors. Plans shall
include the materials and dimensions of all lintels, sills, surrounds, recesses and other related
window features. Plans shall demonstrate the use of high-quality materials for all design
features that reflect the architectural style of the project and are compatible with the
neighborhood character, to the approval of the Community Development Director.
4. All wall-mounted lighting fixtures shall be clearly called out on building elevations included
as part of working drawings. All wall-mounted lighting shall complement building
architecture. The lighting schedule for the building shall include a graphic repr esentation of
the proposed lighting fixtures and cut sheets on the submitted building plans. The selected
fixture(s) shall be shielded to ensure that light is directed downward consistent with the
requirements of the City’s Night Sky Preservation standards contained in Chapter 17.70.100
of the Zoning Regulations.
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5. A final landscaping plan, including irrigation details and plans, shall be submitted to the
Community Development Department along with working drawings. The legend for the
landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees with
corresponding symbols for each plant material showing their specific locations on plans.
6. Plans submitted for a building permit shall show no less than five trees to be planted along
the north edge of the common drive isle, spaced approximately 35 feet apart, and of a species
on the City’s approved street tree list.
7. Plans submitted for a building permit shall show trees or other means of vertical landscaping
along the southern edge of the project site to provide privacy and screening between new
structures and existing residential properties on Mill Street.
Planning Division – Subdivision Conditions
8. The subdivider shall include on the final map an access and parking easement for the benefit
of lot 2 that secures the use of no less than 56.8 feet of the existing driveway between the
residences at 1143 Peach Street and 1151 Peach Street, extending from the northwest property
line, or an alternative parking scenario acceptable to the Community Development Director
to reduce tandem parking.
9. The subdivider shall include on the final map an access and parking easement for the benefit
of lot 4 that secures the use of no less than 56.8 feet of the existing driveway between the
residences at 1151 Peach Street and 1163 Peach Street, extending from the northwest property
line, or an alternative parking scenario acceptable to the Community Development Director
to reduce tandem parking.
10. The subdivider shall include on the final map two access and parking easements for the benefit
of lot 3 that secures the use of no less than 18.4 feet of the existing driveway between the
residences at 1143 and 1151 Peach Street, and the existing driveway between the residences
at 1151 and 1163 Peach Street, adjacent to and extending from the new common drive isle, or
an alternative parking scenario acceptable to the Community Development Director to reduce
tandem parking.
Engineering Division – Public Works/Community Development - Architectural Conditions
11. Except for any proposed “model home(s)”, the subdivision map shall be recorded prior to
building permit issuance for new dwellings.
12. The building plan submittal shall show and label all property lines, dedications, public
easements, and private easements in accordance with the tract map. The building plans shall
show and label all existing and proposed survey monumentation for reference. The plan shall
note the required monument preservation or replacement for any disturbed monuments
13. The building plan submittal shall show and label all existing and proposed frontage
improvements and sidewalk furniture located within the public right-of-way to scale on the
site plan for reference. Improvements to be shown include but are not limited to curb, gutter
& sidewalk, driveway approaches, catch basins, curb ramps, fire hydrants, street lights, utility
poles, parking meters, curb and street painting, overhead and underground utility services,
utility vaults, water meter vaults, water and sewer services, utility abandonments, street signs,
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sidewalk underdrains, fences, retaining walls, landscape improvements, and street trees. Plan
must differentiate between existing frontage improvements and new frontage improvements.
New improvements shall include reference to the applicable Engineering Standards.
14. Prior to building permit issuance, any existing steps, concrete pads, walls, fences, etc. that are
located in the right-of-way shall be removed or relocated unless an encroachment agreement
is requested and approved by the city.
15. Projects involving the construction of new structures require that complete frontage
improvements be installed and that existing improvements be upgraded per City Engineering
Standards. Pursuant to Municipal Code 12.16.050, plans submitted for a building permit shall
show these improvements.
16. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be
repaired or replaced to the satisfaction of the Public Works Director. All areas to be repaired
or replaced shall be shown on the building plan submittal for referen ce.
17. Sections of damaged curb, gutter, or sidewalk adjacent to the large ficus trees on Peach Street
shall be repaired or replaced due to root intrusion to the satisfaction of the Public Works
Director. New bulb-outs may be considered to retain existing trees. A site visit shall be
arranged with the Community Development and/or Public Works Department to coordinate a
site visit with the City Arborist to discuss areas to be repaired and/or replaced. Areas to be
repaired or replaced shall be shown on the building plans submittal for reference.
18. The building plan submittal shall show the existing curb ramp at the corner of Peach and Toro
and clarify if it complies with current Americans with Disabilities Act (ADA), City Standard
#4440, and Cal Trans Standards Plan RSP A88A.
19. The building plan submittal shall show the existing shared driveway curb drop off between
1137 & 1127 Peach Street. Provide details of this curb drop off transition and any treatment
features that will be included and installed to mitigate the interface. If a property line fence
is proposed, the fence height and line-of-sight analysis shall conform to City standards.
20. The subdivision improvement plans may be included within the building permit plan set.
Separate record drawings (as-built) plans may be required at the completion of the project. A
separate subdivision improvement plan review fee will be required based on the fee schedule
in effect at the time of plan submittal. A separate encroachment permit will be required to
cover the required Public Works Department inspections.
21. The building permit submittal shall show and note compliance with the Post Construction
Stormwater Regulations and the City’s Drainage Design Manual. This project is considered
to be a common plan and is not a single-family residential project for purposes of evaluating
the Performance Requirement triggers. The altered and/or replaced frontage improvements
shall be included in the area analysis. Unless the net impervious area is less than 5,000 square
feet, compliance with Performance Requirement 2 will be required
22. The building plan submittal shall include an operations and maintenance manual as required
for the Post Construction Stormwater improvements, if applicable. A private stormwater
conveyance agreement will be required and shall be recorded prior to final inspection
approvals.
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23. Documents submitted for a building permit shall show compliance with the grading ordinance
of the adopted building code, and a summary drainage report or note on building plans shall be
provided showing the pre vs. post drainage analysis for the 2 through 100-year storm with plans
submitted for a building permit. Improved or diverted drainage shall not be directed across the
side or rear property lines unless conveyed in an existing waterway, or a drainage easement.
24. The building plan submittal shall include a complete grading and drainage plan for this project.
The plan shall show the existing and proposed contours and/or spot elevations to clearly depict
the proposed grading and drainage. The plan shall show and label the high point elevation or
grade break at the yard areas and drainage arrows to show the proposed drainage. Plans shall
include the finished floor (FF) of the residences/garage, patio finish surface elevations, finish
grade elevations, and yard drainage.
25. Plans submitted for a building permit shall show that any improved drainage is directed to a
non-erosive outlet and ultimately discharged to the face of curb on Peach Street with an
approved sidewalk underdrain, per City Engineering Standards.
26. The building submittal shall include a complete site utility plan. The utility plan shall show all
existing and proposed on-site and off-site utilities. Show the location of all overhead and
underground utilities along with the location of any utility company meters. Show all existing
and proposed improvements located within the public right-of-way if applicable.
27. The building submittal shall show all new wire utilities to serve the development on all ten
parcels to be underground. The underground wiring shall be achieved without a net increase in
wood utility poles located within the public right-of-way unless otherwise approved by the City
and serving utility companies. Interim overhead wiring may be proposed to provide
replacement services to the existing residences until the PGE underground service to the
subdivision is available for the underground conversion.
28. PG&E and Tele-Com plans shall be provided in conjunction with the building plan submittal
and/or subdivision plans. Preliminary plans shall be reviewed by the engineer of record for
consistency with the overall design. The final PG&E handout package shall be reviewed and
approved by the engineer of record and the City prior to construction. PG&E, AT&T, and
Charter plans shall not be deferred unless specifically approved for deferral by the City.
29. If allowed by PG&E, plans submitted for a building permit shall show and reference a new
streetlight to be located on the existing wood joint pole on Toro Street, in accordance with
Engineering Standards #1010.G, #7520, and #7910.
30. Plans submitted for a building permit shall show newly provided driveway and parking areas in
compliance with the Parking and Driveway Standards for dimensions, maneuverability, slopes,
drainage, and materials. Alternate paving material shall be provided consistent with project
plans and to the satisfaction of the Planning Division.
31. A final landscape plan shall be included with plans submitted for a building permit and shall
show a line-of-sight analysis for new plantings at driveway approaches to the satisfaction of the
City Engineer.
32. The building plan submittal shall show all existing trees to be removed and trees to be retained.
The plan shall show any neighboring trees with canopies/root zones within the area of
construction disturbance. Tree preservation measures shall be shown and noted on the building
plans to the satisfaction of the Community Development and Public Works Departments.
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33. Safety pruning may be required for any existing street trees depending upon the scope of
proposed work and required construction activities. If required, any existing street trees along
the property frontage shall be safety pruned to the satisfaction of the City Arborist prior to
building permit issuance.
34. Plans submitted for a building permit shall show street trees at an approximate rate of one tree
per each 35 lineal feet of frontage. The City Arborist shall approve the proposed tree species
based on the location, soils type, and overhead wiring conflicts. The City Arborist shall review
and approve the tree species for the newly planted parkway trees prior to acceptance as
satisfying the street tree requirement.
35. The building plan shall show the removal of the infilled parkway to provide a tree planting area
for new street trees. Parkway plantings shall include provisions for irrigation from the on-site
irrigation system. All parkways shall be kept with plantings, groundcovers, or stable landscape
materials and shall be free of any debris for perpetuity.
36. The building plan submittal shall show the limits of the existing catch basin opening and
infrastructure for reference.
Engineering Division – Public Works/Community Development - Subdivision Conditions
37. 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 parcel map shall use U.S. Customary Units in accordance with the
current City Engineering Standards.
38. All map exhibits and legal descriptions shall be prepared by a California Licensed Land
Surveyor or Civil Engineer authorized to practice land surveying.
39. Prior to map recordation, Park In-Lieu fees shall be paid for the proposed new dwelling
units/lots. Credit for the existing houses to remain will be applicable.
40. A separate subdivision improvement or miscellaneous public improvement plan is not required.
The building plan submittal may be used to show some or all of the required private on -site
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 revi ew fee and
subdivision map check fee will be required for the Public Works Department review and
inspection of the public subdivision/development improvements and map in accordance with
the most current fee resolution.
41. The site development plan submittal shall show any parking, access, utility, site, and/or drainage
improvements required to support the proposed subdivision. The building plan submittal shall
show all existing public and/or private utilities and improvements shall be approved to the
satisfaction of the Community Development Director and Public Works Director prior to
recordation of the parcel map. Unless otherwise waived or deferred, the site/utility plan shall
include drainage improvements, water, sewer, storm drains, gas, electricity, telephone, cable
TV, and any related utility company meters for each parcel if applicable. Any utility relocations,
demolitions, and/or other on-site work shall be completed with proper permits and receive final
inspection approvals prior to recordation of the parcel map.
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42. If “all electric” residences are proposed, gas service may not be required to each parcel. If
proposed, a “Notice of Requirements” may be required for concurrent recordation with the
map to identify the lack of gas service to any parcel(s).
43. Plans submitted for subdivision shall show the proposed water service lateral(s), meter sizing,
and private service laterals, sized in accordance with the approved fire sprinkler plans. Unless
a design exception is specifically approved, City Engineering Standards limit a meter
manifold to 4 1” water meters. A separate service lateral and meter manifold may be required
to accommodate the number of units, fire flow requirements, and the potential addition of a
common area landscape meter.
44. Any easements including but not limited to provisions for all public and private utilities,
access, grading, drainage, storm drain systems, construction, common driveways, and
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.
45. A 10’ Street Tree easement and 10’ PUE shall be shown and noted on the map along both the
Peach and Toro street frontages.
46. A separate public pedestrian easement may be required behind the new or redeveloped
driveway approach(es) to accommodate the ADA sidewalk extension(s).
47. The map may be recorded prior to construction of the required public and/or private
subdivision improvements. If so, the map conditions or code requirements may be satisfied
by the preparation and approval of a subdivision improvement plan. A subdivision agreement
and guarantee will be required for this process.
48. An Operation and Maintenance Manual and Private Stormwater Conveyance Agreement shall
be provided in conjunction with the development project. The Stormwater Agreement shall
be recorded separately or concurrent with the map recordation.
49. The final map shall include reference to the project soils report in accordance with the
subdivision regulations. The report may be included on the cover sheet of the map or could
be included on an “additional map sheet”.
Utilities Department
50. Plans submitted for a building permit shall label all existing sewer laterals to remain or to be
abandoned per City Standards.
51. Plans submitted for a building permit showing sewer and water services shall be in accordance
with the engineering design standards in effect at the time the building permit is approved.
52. Plans submitted for a building permit shall clarify the size of existing and proposed water
services and water meters for the project.
53. Projects generating more than two cubic yards of total waste shall comply with AB 1826, and
local waste management ordinance to reduce greenhouse gas emissions.
54. The building permit submittal shall include the San Luis Garbage Company letter of service
within the plan set.
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55. The City’s Development Standards for Solid Waste Services require that single family
residential projects with interior storage are designed and constructed to include adequate
storage space for three 96-gallon waste wheelers. The minimum space required shall be 92”
side by 36” deep by 6’ tall. This area shall be depicted on the plans submitted for a building
permit or a Conditional Exception Application shall be provided.
56. Plans submitted for a building permit shall show the location of garbage, recycling and
organic bins located for pickup.
57. Projects having landscape areas greater than 500 square feet shall provide a Maximum
Applied Water Allowance calculation as required by the Water Efficient Landscape
Standards; Chapter 17.87 of the City’s Municipal Code.
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Indemnification
58. The applicant 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 project, and
all actions relating thereto, including but not limited to environmental review (“Indemnified
Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being
presented with the Indemnified Claim and the City shall fully cooperate in the defense against
an Indemnified Claim.
Upon motion of Council Member Christianson, seconded by Council Member Stewart, and
on the following roll call vote:
AYES: Council Member Christianson, Stewart, Vice Mayor Gomez, and Mayor
Harmon
NOES: None
RECUSED: Council Member Pease
The foregoing resolution was adopted this 1st day of September 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________.
____________________________________
Teresa Purrington
City Clerk