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HomeMy WebLinkAboutR-11166 approving the General Plan Amendment for 660 Tank Farm Road (660 Tank Farm & 3985 Broad)R 11166 RESOLUTION NO. 11166 (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE GENERAL PLAN AMENDMENT FOR 660 TANK FARM ROAD, VESTING TENTATIVE TRACT MAP, CREEK SETBACK EXCEPTION, AND MAJOR DEVELOPMENT REVIEW APPROVING DEVELOPMENT OF AN ASSISTED LIVING FACILITY AND ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL REVIEW AS REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND ATTACHMENTS DATED SEPTEMBER 15, 2020 (660 TANK FARM ROAD, 3985 BROAD STREET; EID-1484-2018, SPEC-1482-2018, SBVD- 1483-2018, ARCH-1486-2018) WHEREAS, t he Planning Commission conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 10, 2019 , and recommended that the City Council approve the proposed project which includes a Specific Plan Amendment, General Plan Amendment and Rezone, Tentative Tract Map, Creek setback exception, and Architectural review to allow a 133,656 square foot assisted living facility including 139 living units and support services; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing on September 15, 2020 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of considering the project and associated entitlements; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, State Planning Law allows any mandatory element of the General Plan to be amended as many as four times in a calendar year and no amendments to the Land Use Element have occurred this calendar year; and WHEREAS, the City Council 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 Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council does hereby approve the proposed project (SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018) that includes a Specific Plan Amendment, General Plan Amendment and Rezone, Tentative Tract Map, Creek setback exception, and Architectural review to allow development of an assisted living facility up to 133,656 square feet in size including 139 living units and support services based on the following findings: Resolution No. 11166 (2020 Series) Page 2 R 11166 General Plan Amendment, Rezone, and Airport Area Specific Plan Amendment Findings: 1. The proposed amendments to the General Plan, including the rezone, and Airport Area Specific Plan land use amendments as shown in Exhibit A bring the parcels included in the project into consistency with existing zoning of the subject parcel which was rezoned to Community-Commercial with Special Focus Overlay (C-C-SF) when the 2014 Land Use and Circulation Element update was adopted. 2. The proposed amendments are consistent with policy objectives of the Broad Street and Tank Farm Road Special Focus area since it would allow for a mix of uses with a strong commercial presence at the intersection. 3. The AASP as amended is consistent with policy direction for the area included in the General Plan and in particular the following General Plan policies: a. LUE Policies 2.2.4 and 2.2.5 provide for neighborhood connections in new projects, both internally and externally so as to integrate new projects into the neighborhoods in which they are proposed, as well as take advantage of opportunities for locating new development close to major employers, retailing and multi -modal transportation facilities; b. LUE Policies 2.3.1, 2.3.6 and 2.3.9, which promote quality neighborhoods and infill development, because the project is located within walking distance to MindBody Headquarters, SESLOC, other nearby employers as well as retail uses and personal services; c. LUE Policy 3.4.1 encourages mixed-use projects in Community-Commercial districts to provide support services near retailing and office facilities; d. LUE Policy 8.13 establishes the “Special Focus” Area #12 at the subject site to facilitate improvements to bicyclist and pedestrian facilities in the project area, and by integrating uses within the larger established Tank Farm-Broad Street neighborhood reduce vehicle trips and provide additional employment and retailing opportunities to this part of town; and e. The AASP as amended is also consistent with all other applicable General Plan policies, as described and analyzed in the April 10, 2019 staff report to the Planning Commission for this project. 4. On September 19, 2018, the County of San Luis Obispo Airport Land Use Commission found the Westmont Living Facility to be consistent with the Airport Land Use Plan under authority of Section 2.7 of the ALUP. 5. Amendments as proposed to the AASP will not be detrimental to the surrounding area or cause a decline in quality of life for residents, employees and others in the project vicinity since the project has been reviewed and conditioned by City Departments for conformance with area plans, standards, policies, and regulations applicable to the site. Resolution No. 11166 (2020 Series) Page 3 R 11166 Vesting Tentative Tract Map, and Architectural Review findings: 1. The site is physically suitable for the type and density of development proposed, and as otherwise allowed in the Community -Commercial Zone with Specific Plan and Special Focus Overlay (C -C -SP-SF). 2. As conditioned, the design of the Vesting Tentative Tract Map is consistent with the General Plan because the proposed subdivision respects existing site constraints, will incrementally add to the City’s commercial and adult/senior care inventory, results in parcels that meet prescribed density standards, and will be consistent with the development standards of the Airport Area Specific Plan (AASP). 3. The design of the vesting tentative tract map and the proposed improvements as designed and conditioned herein are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. 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). 5. The development provides a public benefit because it provides an assisted living facility not otherwise available in the immediate area and would allow for a mix of future commercial and office uses, it is located along a major transit, bike, and pedestrian corridor, and is in close proximity to workplaces and services. 6. The proposed design exception to allow 11’ travel lanes on Tank Farm Road respond to existing constraints and are supported by the Public Works Transportation Division since the minor exception will continue to permit reconfiguration of travel lanes to maximize safe vehicle movements through the area in a manner consistent with the Circulation Element. 7. The proposed creek setback exception will permit an appropriate buffer to be established along the area of the creek-way, will account for the irregular configuration of the subject property in this area, includes creek habitat restoration, and will not result in a reduction of open space along this section of Orcutt Creek that would otherwise compromise habitat protection in the area and is consistent with the policies of the Conservation and Open Space Elements of the General Plan. SECTION 2. California Environmental Quality Act (CEQA), Findings, Mitigation Measures, and Mitigation Monitoring Program. The City Council hereby adopts the Final Initial Study-Mitigated Negative Declaration (IS-MND, SCH #2019049030), finding it adequately identifies the projects potential impacts with incorporation of the following mitigation measures and monitoring programs: Resolution No. 11166 (2020 Series) Page 4 R 11166 Air Quality AQ-1 Standard Control Measures for Construction Equipment The following standard air quality mitigation measures shall be implemented during the site preparation and grading phases of construction at the project site: • Maintain all construction equipment in proper tune according to manufacturer’s specifications; • Fuel all off-road and portable diesel powered equipment with CARB-certified motor vehicle diesel fuel nontaxed version suitable for use off-road); • Comply with the State Off-Road Regulation; • Use on-road heavy-duty trucks that meet the CARB’s 2007 or cleaner certification standard for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation; • Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOX exempt area fleets) may be eligible by proving alternative compliance; • All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit; • Diesel idling within 500 feet of sensitive receptors shall not be not permitted;7 • Staging and queuing areas shall not be located within 500 feet of sensitive receptors;6 • Equipment shall be electrified when feasible; • Gasoline-powered equipment shall be substituted in place of diesel-powered equipment, where feasible; and • Alternatively-fueled construction equipment shall be used on-site where feasible, such as compressed natural gas, liquefied natural gas, propane or biodiesel. AQ-2 Best Available Control Technology. Diesel construction equipment used during the site preparation and grading phases shall be equipped with CARB Tier 3 or Tier 4 certified off- road engines and 2010 on-road compliant engines. Monitoring Program: These measures shall be noted on project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified during construction by the City during regular inspections, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. AQ-3 The project would result in ROG and NOx operational emissions that exceed the SLOAPCD threshold of 25 lbs/day. Prior to issuance of construction permits, the applicant shall identify at least 8 mitigation measures from Table 3-5 of the SLOAPCD CEQA Air Quality Handbook to incorporate into the project. Prior to occupancy, final inspection, or establishment of the use, whichever occurs first, the project shall demonstrate that it has implemented such measures. If the project obtains a GreenPoint rating or is LEED certified, the applicant shall only need to implement 6 mitigation measures from Table 3-5 of the SLOAPCD CEQA Air Quality Handbook. Resolution No. 11166 (2020 Series) Page 5 R 11166 Monitoring Program: These measures shall be noted on project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified prior to occupancy or final inspection by the City, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. AQ-4 This project is greater than 4 acres and within 1,000 feet of sensitive receptors (residential units). Construction activities can generate fugitive dust, which could be a nuisance to residents and businesses in close proximity to the proposed construction site. Projects with grading areas that are greater than 4-acres or are within 1,000 feet of any sensitive receptor shall implement the following measures to manage fugitive dust emissions such that they do not exceed the APCD’s 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402): a. Reduce the amount of the 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 APCD’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 mph. Reclaimed (non-potable) water should be used whenever possible. When drought conditions exist and water use is a concern, the contractor or builder should consider the use of an APCD- approved dust suppressant where feasible to reduce the amount of water used for dust control. Please refer to the following link from the San Joaquin Valley Air District for a list of potential dust suppressants: Products Available for Controlling Dust; c. All dirt stock pile areas should 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 should be implemented as soon as possible, following completion of any soil disturbing activities; e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should 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 should 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 should be completed as soon as possible. In addition, building pads should 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 mph on any unpaved surface at the construction site; i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code (CVC) Section 23114; Resolution No. 11166 (2020 Series) Page 6 R 11166 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 CVC Section 23113 and California Water Code 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 ‘trackout 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 trackout 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; and 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 APCD’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 APCD Compliance Division prior to the start of any grading, earthwork or demolition (Contact Tim Fuhs at 805- 781- 5912). Monitoring Program: These measures shall be noted on project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified during construction by the City during regular inspections, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. AQ-5 The applicant shall retain a registered geologist to conduct a geologic evaluation of the property including sampling and testing for naturally occurring asbestos in full compliance with California Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations (93105) and SLOAPCD requirements. 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 asbestos containing materials (ACM), the applicant must file an Asbestos ATCM exemption request with the SLOAPCD. Monitoring Program: This applicant shall retain a registered geologist to conduct a geologic evaluation of the property including sampling and testing for naturally occurring asbestos prior to issuance of grading permits or prior to any site disturbance or grading activities. Compliance shall be verified during construction by the City during regular inspections, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. Resolution No. 11166 (2020 Series) Page 7 R 11166 AQ-6 If asbestos containing materials (ACM) are determined to be present onsite, proposed earthwork, demolition, and construction activities shall be conducted in full compliance with the various regulatory jurisdictions regarding ACM, including the ARB Asbestos Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations (93105) and requirements stipulated in the National Emission Standards for Hazardous Air Pollutants (40 CFR 61, Subpart M – Asbestos; NESHAP). These requirements include, but are not limited to, the following: 1. Written notification, within at least 10 business days of activities commencing, to the SLOAPCD; 2. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and, 3. Implementation of applicable removal and disposal protocol and requirements for identified ACM. Monitoring Program: If asbestos containing materials (ACM) are determined to be present onsite, this measure shall be noted on project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified during construction by the City during regular inspections, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. AQ-7 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 structure onsite: a. Demolition of the on-site structure 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. b. If during the demolition of the existing structure, 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. Resolution No. 11166 (2020 Series) Page 8 R 11166 Monitoring Program: This measure shall be noted on project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified during construction by the City during regular inspections, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. Biological Resources BIO-1. Vegetation Removal Timing. Vegetation removal and initial site disturbance for any project elements shall be conducted between September 1st and January 31st outside of the nesting season for birds. If vegetation removal is planned for the nesting bird season (February 1st to August 31st), then preconstruction nesting bird surveys shall be required within one week prior to construction activities to determine if any active nests would be impacted by project construction. If no active nests are found, and vegetation removal is conducted within 5 days of the survey and is done continuously, then no further survey work shall be required. Additional surveys during the nesting season shall be conducted as needed if there is any break in vegetation removal, grading and/or construction lasting more than 5 days. If any active nests are found that would be impacted by vegetation removal, grading and/or construction, then the nest sites shall be avoided with the establishment of a non-disturbance buffer zone around active nests as determined by a qualified biologist. Nest sites shall be avoided and protected within the non-disturbance buffer zone until the young are no longer reliant on the nest site for survival (have fledged) as determined by a qualified biologist. All workers shall receive training on good housekeeping practices during construction that will discourage nests from being established within the work area (e.g., cover stored pipe ends, cover all equipment being used daily, etc.) A qualified biologist shall regularly walk the construction area to look for nest starts and review site for good housekeeping practices. As such, avoiding disturbance or take of an active nest would reduce potential impacts on nesting birds to a less-than-significant level. Monitoring Program: This measure shall be noted on all grading and construction plans. In the event vegetation removal and site disturbance are planning for the bird nesting season, the applicant shall provide evidence that a qualified biologist has been retained to complete nesting bird surveys, prior to any site disturbance or grading. The preconstruction surveys shall occur within one week prior to construction activities. A report shall be submitted by the biologist to the City Community Development Department and Natural Resources Manager within 48 hours of completion of surveys. In the event that active nests are found, no work shall commence in the nest buffer zone until the qualified biologist has provided clearance to commence work. Such clearance shall be provided to the City Community Development Department and Natural Resources Manager within 24 hours of such determination. The City Community Development Department and Natural Resources Manager shall verify compliance. BIO-2. Clean Water Act Permitting. The applicant shall obtain Clean Water Act (CWA) regulatory compliance in the form of a permit from the U.S. Army Corps of Engineers (Corps) or written documentation from the Corps that no permit would be required for the proposed road crossing. Should a permit be required, the applicant shall implement all the terms and conditions of the permit to the satisfaction of the Corps. Corps permits and authorizations require applicants to demonstrate that the proposed project has been Resolution No. 11166 (2020 Series) Page 9 R 11166 designed and will be implemented in a manner that avoids and minimizes impacts on aquatic resources to the extent practicable. Compliance with Corps permitting would also include obtaining and CWA 401 Water Quality Certification from the Regional Water Quality Control Board (RWQCB). In addition, the Corps and RWQCB may require compensatory mitigation for unavoidable permanent impacts on waters of the U.S./State to achieve the goal of a no net loss of wetland values and functions. As such, with implementation of the 3:1 ratio of creek enhancement mitigation plantings and regulatory compliance would reduce potential impacts on waters of the U.S. to a less than significant level. Monitoring Program: The applicant shall obtain a permit from the Corps prior to issuance of grading or construction permits, or prior to any site disturbance or grading activities. BIO-3. Streambed Alteration Agreement. The applicant shall obtain compliance with Section 1602 of the California Fish and Game Code (Streambed Alteration Agreements) in the form of a completed Streambed Alteration Agreement or written documentation from the CDFW that no agreement would be required for the proposed road crossing. Should an agreement be required, the property owners shall implement all the terms and conditions of the agreement to the satisfaction of the CDFW. The CDFW Streambed Alteration Agreement process encourages applicants to demonstrate that the proposed project has been designed and will be implemented in a manner that avoids and minimizes impacts in the stream zone. In addition, CDFW may require compensatory mitigation for unavoidable permanent impacts on waters of the State. As such, with implementation of the 3:1 ratio of creek enhancement mitigation plantings and regulatory compliance would reduce potential impacts on waters of the U.S. to a less than significant level. Monitoring Program: The applicant shall provide evidence of compliance prior to issuance of grading or construction permits, or prior to any site disturbance or grading activities. The City Community Development Department and Natural Resources Manager shall verify compliance. BIO-4. Wetland Replacement and Riparian Enhancement Plan. The applicant shall retain a qualified biologist to prepare a wetland replacement and riparian enhancement plan. The plan shall provide for a minimum of 3:1 mitigation area for the wetland area to be impacted and shall be designed to the satisfaction of the Corps, RWQCB, and CDFW. The plantings for the riparian enhancement area shall include native species and shall be placed in a manner to ensure their success. The plan shall include a cost estimate for the implementation of the plantings. The applicant shall implement the wetland replacement and riparian enhancement plan within 60 days of completion of grading and site disturbance activities. Monitoring Program: The applicant shall submit the plan prior to issuance of grading or construction permits, or prior to any site disturbance or grading activities. The plan shall be implemented within 60 days of completion of grading and site disturbance activities. The City Community Development Department and Natural Resources Manager shall verify compliance. Resolution No. 11166 (2020 Series) Page 10 R 11166 BIO-5. Wetland Replacement and Riparian Enhancement Plan Monitorin g. The applicant shall retain a qualified biologist or landscape architect for the purpose of monitoring the success of the mitigation planting area. The monitoring contract shall include a requirement that the monitor conduct, at a minimum, an annual site visit and assessment of the planting success for 10 years and an annual submittal of a monitoring report to the City Community Development Department and Natural Resources Manager. The applicant shall also post a bond for the cost of implementing the mitigation planting. If the monitoring demonstrates that the plan has been successfully implemented, the bond shall be returned. If the monitoring demonstrates that the plan has not been successfully implemented, the applicant shall submit a revised plan for review and approval. If the revised plan successfully implemented after two years, the City Community Development Department and Natural Resources Manager shall use the bond to hire a licensed landscape architect to implement and maintain the revised plan. Monitoring Program: The applicant shall provide evidence that a qualified biologist or landscape architect has been retained for the purpose of monitoring the mitigation planting area, and bond shall be posted, prior to issuance of grading or construction permits, or prior to any site disturbance or grading activities. The City Community Development Department and Natural Resources Manager shall verify compliance. Cultural Resources CR-1 Halt Work Order for Discovery of Previously Unidentified Cultural Resources. In the event that historical or archaeological remains are discovered during earth disturbing activities associated with the project, construction activities shall cease, and the City Community Development Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified specialist (paleontologist, historian, archaeologist) and disposition of artifacts may be accomplished in accordance with state and federal law. After the find has been appropriately mitigated, work in the area may resume. A Native American tribal representative shall monitor any mitigation excavation associated with Native American materials. CR-2 Halt Work Order for Discovery of Human Remains. In the event that human remains are unearthed, the applicant shall notify the City Community Development Department and shall comply with State Health and Safety Code Section 7050.5, which requires that no further disturbance shall occur until the County of San Luis Obispo Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be Native American, the County Coroner will notify the Native American Heritage Commission within 24 hours, which will determine and notify a Most Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Resolution No. 11166 (2020 Series) Page 11 R 11166 Monitoring Program: These conditions shall be noted on all grading and construction plans. The City Community Development Department shall verify compliance, including preparation and implementation of the Monitoring Plan, and review and approval of cultural resources monitoring reports documenting compliance with required mitigation measures. Greenhouse Gasses GHG-1 Monterey Bay Community Power. Prior to final inspection, occupancy, or establishment of the use, the applicant shall demonstrate that the subject use has made an operational commitment to participate in Monterey Bay Community Power. Any rental or lease agreement for individual tenant spaces shall include a requirement that the tenant continue participation in Monterey Bay Community Power. This participation shall continue until PG&E or another electric provider provides 100 percent carbon-free electricity, at which point the applicant or tenant may elect to switch services to such a provider. Monitoring Program: Compliance shall be verified by the City prior to final inspection or occupancy. Noise N-1 Construction Equipment Best Management Practices. For all construction activity at the project site that exceeds 60 dBA at the property line with the mobile home park to the west, and for future construction activity associated with development on the eastern portion of the project site that exceeds 60 dBA at the property line with the Westmont Living facility, construction equipment noise attenuation techniques shall be employed 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: • Sound blankets on noise-generating equipment. • Stationary construction equipment that generates noise levels above 60 dBA at the project boundaries shall be shielded with barriers that meet 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. • For stationary equipment, the applicant shall designate equipment areas with appropriate acoustic shielding on building and grading plans. Equipment and shielding shall be installed prior to construction and remain in the designated location throughout construction activities. • Electrical power shall be used to power air compressors and similar power tools. • 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 AM and 7:00 PM, Monday through Saturday. No movement of heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day). • As needed, temporary sound barriers shall be constructed between the construction site and the mobile home park to the west. Resolution No. 11166 (2020 Series) Page 12 R 11166 In the event the residential uses at the mobile home park site have been removed (i.e. the site is under construction), and/or if the Westmont Living facility is not occupied or operational during future construction of the eastern portion of the project site, then construction equipment noise attenuation techniques do not need to be implemented. N-2 Neighboring Property Owner Notification and Construction Noise Complaints. The contractor shall inform the property owner and current tenants of the mobile home park to the west of the project site, prior to initiation of any construction activities, of the proposed construction timelines and noise complaint procedures to minimize potential annoyance related to construction noise. In the event the residential uses at the mobile home park site have been removed (i.e. the site is under construction), notification is not required. If the Westmont Living facility is occupied or operational prior to construction of future uses on the project site, the contractor shall inform the property owner and current tenants of the facility of the proposed construction timelines and noise complaint procedures to minimize potential annoyance related to construction noise. Proof of mailing the notices shall be provided to the Community Development Department prior to issuance of grading permits or initiation of site disturbance. Signs identifying the noise complaint procedures shall be in place before the beginning of and throughout grading and construction activities. Noise- related complaints shall be directed to the City’s Community Development Department. Monitoring Program: Construction plans shall note construction hours, truck routes, and construction Best Management Practices (BMPs) and shall be submitted to th e City for approval prior to grading and building permit issuance for each project phase. BMPs shall be identified and described for submittal to the City for review and approval prior to building or grading permit issuance. BMPs shall be adhered to for the duration of the project. The applicant shall provide and post signs stating these restrictions at construction site entries. Signs shall be posted prior to commencement of construction and maintained throughout construction. Schedule and neighboring property owner notification mailing list shall be submitted 10 days prior to initiation of any earth movement. The Community Development Department shall confirm that construction noise reduction measures are incorporated in plans prior to approval of grading/building permit issuance. 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. A workday schedule will be adhered to for the duration of construction for all phases. City staff shall ensure compliance throughout all construction phases. Building inspectors and permit compliance staff shall periodically inspect the site for compliance with activity schedules and respond to complaints. Transportation TR-1 Tank Farm Road from Broad through Project Site to Mindbody intersection . The applicant shall widen Tank Farm Road along the project frontage to provide two westbound motor vehicle through lanes, bike lanes, landscaped parkway and sidewalk. The ultimate street cross section shall be in substantial conformance with the typical cross section identified for the parkway arterial designation in the Airport Area Specific Plan, with final geometric design elements to be approved to the satisfaction of the Public Works Director. Resolution No. 11166 (2020 Series) Page 13 R 11166 Monitoring Program: This improvement shall be incorporated into project improvement plans for review and approval by the City Community Development and Public Works Departments. The improvement shall be installed prior to occupancy/final inspection or establishment of any use on the site. Compliance shall be verified by the City Community Development and Public Works Departments prior to approval of grading plans and prior to issuance of occupancy certificate or approval of final inspections. TR-2 Internal intersection with SESLOC property. The applicant shall install a single-lane roundabout at the internal site intersection of the Mindbody Road extension adjacent to SESLOC on the north property line to encourage smooth traffic flow between the sites. The City Transportation Department Division may approve an alternative intersection control type, such as all-way stop control, if a roundabout is found to be geometrically infeasible at this location. TR-3 Existing SESLOC driveway. The applicant shall remove the existing right-in/right-out driveway on Broad Street upon completion of the new Broad Street driveway constructed as part of this project. The applicant shall ensure adequate access is maintained to the SESLOC property during project construction. Monitoring Program: This improvement shall be incorporated into project improvement plans for review and approval by the City Community Development and Public Works Departments. The improvement shall be installed prior to occupancy/final inspection or establishment of any use on the site. Compliance shall be verified by the City Community Development and Public Works Departments prior to approval of grading plans and prior to issuance of occupancy certificate or approval of final inspections. TR-4 Tank Farm Road from Old Windmill Lane to Santa Fe Road. The project shall make a fair share contribution of the cost of widening Tank Farm Road to four lanes between Santa Fe Road and Old Windmill Lane. TR-5 Broad Street/Industrial Way. The project shall make fair share project contributions to convert the east and west approaches from split phasing to permissive phasing and restriping both approaches to provide dedicated left turn lanes and shared through/right turn lanes. TR-6 Fair Share Contributions. The project applicant shall pay Citywide Traffic Impact Fees to satisfy fair share mitigation obligations towards the following future transportation improvements: • Tank Farm Road/Higuera Street: Installation of a second southbound left turn lane. • Tank Farm Road/Santa Fe Road: Installation of a multi-lane roundabout. • Broad Street/Tank Farm Road: Installation of a dedicated northbound right turn lane, addition of a second southbound left turn lane, conversion of the westbound right turn lane to a shared through/right lane and establish time-of-day timing plans. Resolution No. 11166 (2020 Series) Page 14 R 11166 Monitoring Program: The applicant shall pay their fair-share contribution for improvements to the intersections prior to issuance of construction permits for any structure. Compliance shall be verified by the City Community Development Department prior to issuance of any construction permits. SECTION 3 . Action. The City Council hereby approves the proposed project (SPEC- 1482-2018, SBVD-1483-2018, ARCH-1486-2018) that includes a Specific Plan Amendment, General Plan Amendment and Rezone, Tentative Tract Map, Creek setback exception, and Architectural review to the development of up to 133,656 square feet of assisted living facility including 139 living units and support services, subject to the following conditions: Planning Division – Community Development Department 1. 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. 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 final approved color and material board. 3. The locations of all exterior lighting, including lighting on the structure, bollard style landscaping or path lighting, shall be included in plans submitted for a building permit. 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 representation 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 17.23 of the Zoning Regulations. 4. Mechanical and electrical equipment shall be located internally to the building. With submittal of working drawings, the applicant shall include sectional views of the building, which clearly show the sizes of any proposed condensers and other mechanical equipment. If any condensers or other mechanical equipment is to be placed on the roof, plans submitted for a building permit shall confirm that parapets and other roof features will provide adequate screening. A line-of-sight diagram may be required to confirm that proposed screening will be adequate. This condition applies to both initial project construction and later building modifications and improvements. 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. Resolution No. 11166 (2020 Series) Page 15 R 11166 6. The location of any required backflow preventer and double-check assembly shall be shown on all site plans submitted for a building permit, including the landscaping plan. Construction plans shall also include a scaled diagram of the equipment proposed. Where possible, as determined by the Utilities Director, equipment shall be located inside the building within 20 feet of the front property line. Where this is not possible, as determined by the Utili ties Director, the backflow preventer and double-check assembly shall be located in the street yard and screened using a combination of paint color, landscaping and, if deemed appropriate by the Community Development Director, a low wall. The size and configuration of such equipment shall be subject to review and approval by the Utilities and Community Development Directors. 7. Inclusionary Housing. Prior to issuance of building permits, inclusionary in-lieu fees of 5% of building evaluation shall be paid. 8. The following use standards and conditions reflect requirements established under the San Luis Obispo County Airport Land Use Commission’s (ALUC) determination of consistency (9-19-2018) and shall be complied with as follows: a. The Project submitted to the County under Referral Letter dated July 25, 2018 shall be conditioned by the City to be consistent with said referral, and will not be changed without the input of the ALUC; b. Airport Area Specific Plan Amendments as provided herein are limited to the subject property; c. Non-residential density for the site within the S-1c Safety Area would be limited to a maximum 120 persons/acre; d. Maximum building heights would be 35’; e. Interior noise standards of the Airport Land Use Plan (ALUP) would be met inside the assisted living facility; f. No improvements would constitute a navigation hazard as defined by the ALUP; g. Uses that would potentially interfere with takeoffs, landings and maneuvering of aircraft would be prohibited; h. Avigation easements would be required for the site; and, i. Disclosures would be provided to potential buyers and tenants regarding airport operations. 9. For the life of the project, the project shall comply with the San Luis Obispo Air Pollution Control District regulations, including, but not limited to: • Rule 501 – developmental burning • Rule 504 – residential wood combustion • Portable generators and equipment with engines that are 50 horsepower or greater require a permit to operate and may require a health risk assessment. Resolution No. 11166 (2020 Series) Page 16 R 11166 Code Requirement: 10. REACH CODE COMPLIANCE BUILDING PERMIT SUBMITTAL REQUIREMENTS: Energy Modeling Report: The project shall submit the final Energy Modeling Report in the permit plans demonstrating compliance with both the statewide energy code plus the local energy requirements using either Option 1 or Option 2 below. Option 1. An All-Electric Building complies with the performance standards if both the Total Energy Design Rating and the Energy Efficiency Design Rating for the Proposed Building are no greater than the corresponding Energy Design Ratings for the Standard Design Building. Option 2. A Mixed-Fuel Building complies with the performance standards if the energy budget calculated for the Proposed Design Building has a compliance margin, relative to the energy budget calculate for the Standard Design Building, of at least the value specified for the corresponding occupancy type in Table 140.1-A below. Table 140.1-A MIXED FUEL BUILDING COMPLIANCE MARGINS Occupancy Type Compliance Margin Office / Retail 15% Hotel/motel and High-rise residential 9% All other occupancies in buildings with both indoor lighting and mechanical systems 5% All other occupancies in buildings with indoor lighting or mechanical systems but not both 5% Clean Energy Choice Program Building Permit Certificate of Compliance: The project shall include a completed and signed Clean Energy Choice Program Building Permit Certificate of Compliance with the energy compliance documentation. The completed Certificate must be included as an additional submittal on the plan sheets containing the Title 24 Report. Visit the Clean Energy Choice Program Compliance Webpage to download the certificate: (www.slocity.org/energyreachcode). FINAL INSPECTION REQUIREMENTS Clean Energy Choice Program Building Final Inspection Certificate of Compliance: During the Building Final Inspection, the project team shall deliver a completed and signed Clean Energy Choice Program Building Final Inspection Certificate of Compliance. If re- design occurs on the project, the applicant must resubmit the energy compliance model for review and it must still show compliance with local and state energy standards. Resolution No. 11166 (2020 Series) Page 17 R 11166 Engineering Division – Public Works/Community Development Department 11. Any easements including but not limited to provisions for all public and private utilities, access, grading, drainage, open space, slope banks, construction, public and private streets, pedestrian and bicycle facilities, common driveways, and maintenance of the same shall be shown on the final map and/or shall be recorded separately prior map recordation. Said easements may be provided for in part or in total as blanket easements. 12. The final map and improvement plans shall show the extent of all existing and proposed on- site and off-site offers of dedication. Subdivision improvement plans and or preliminary designs may be required for any deferred improvements so that dedication limits can be established. These improvements may include but are not limited to road construction and widening, grading and drainage improvements, utility easements, bridges, bike bridges, transit stops, bikeways, pedestrian paths, and signalized intersections. 13. The final map and/or improvement plans shall show and label the separate access easements to serve the SESLOC property to the north and the redevelopment project to the west known as 650 Tank Farm Road. The map and plans shall show and label the proposed private sewer main easement to serve the proposed SESLOC development to the north. Separate easement agreements shall be prepared and finalized by the developer. 14. The subdivider shall dedicate a 10’ wide street tree easement and 15’ wide public utility easement (P.U.E.) across the Broad Street and Tank Farm Road frontages of each lot. Said easements shall be adjacent to and contiguous with all public right-of-way lines bordering each lot. 15. Access rights shall be dedicated to the City along the Broad Street and Tank Farm Road frontages except at approved driveway locations. Said dedications shall be shown and labeled on the final map. 16. The developer shall include any other out-of-tract offers of dedication related to the need for public utility extensions related to orderly development of the AASP that are not otherwise located within a public street. 17. All private improvements shall be owned and maintained by the individual property owners and/or a Commercial Owner’s Association as applicable. Private improvements include but are not limited to streets, drive aisles, parking lot improvements, sidewalks, private pedestrian/bike paths, private sewer mains/laterals, water services, fire services, reclaimed water services, drainage systems, detention basin(s), site lighting, landscape, landscape irrigation, and common areas. 18. A notice of requirements or other agreement acceptable to the City of San Luis Obispo may need to be recorded in conjunction with the Final Map to clarify development restrictions, fee payments, conditions of development, and references to any pertinent conditions of approval related to this map and/or off-site requirements. Resolution No. 11166 (2020 Series) Page 18 R 11166 19. Off-site improvements, easements and/or dedications may be required to facilitate through street access and public water, recycled water and sewer main extensions beyond the tract boundary and in accordance with the AASP. 20. Unless specifically approved by the City, all public and private subdivision improvements shall be approved prior to map recordation and/or building permit issuance, whichever occurs first. Subdivision sureties shall be provided for all subdivision improvements if the map will record prior to completion of the improvements. 21. Unless phased or interim improvements are approved by the City, all pertinent public and private subdivision improvements shall be completed prior to building occupancy. 22. The subdivider shall remove the off-site right-in/right-out turning island serving the SESLOC property within the Broad Street right-of-way. This access will be replaced by a similar on-site access to the perimeter roadway along the northern edge of the site adjoining the SESLOC property. The new access driveway off of Broad Street shall restrict access to right-in/right-out/left-in only. The developer shall provide written notice to SESLOC on the proposed construction schedule and timing related to the off-site public and private improvements related to the abandonment of the SESLOC driveway. A copy of said notification shall be provided to the City. 23. A separate building permit/parking lot permit shall be processed for the proposed private SESLOC on-site improvements required to accommodate the closure of the southerly SESLOC parking lot access. The driveway shall not be closed until a secondary access is provided unless otherwise approved by SESLOC and the City. 24. With respect to any off-site improvements, prior to filing of the Final Map, the subdivider shall either: a. Clearly demonstrate their right to construct the improvements by showing access to, title or interest in the property in a form acceptable to the City Engineer; or, b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to acquire interest to the subject property and request that the City assist in acquiring the property required for the construction of such improvements and exercise its power of eminent domain in accordance with Government Code Section 66462 .5 to do so, if necessary. Subdivider shall also enter into an agreement with the City to pay all costs of such acquisition including, but not limited to, all costs associated with condemnation. Said agreement shall be in a form acceptable to the City Engineer and the City Attorney. If condemnation proceedings are required, the subdivider shall submit, in a form acceptable to the City Engineer, the following documents regarding the property to be acquired: i. Property legal description and sketch stamped and signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying in the State of California; ii. Preliminary title report including chain of title and litigation guarantee; Resolution No. 11166 (2020 Series) Page 19 R 11166 iii. Appraisal of the property by a City approved appraiser. In the course of obtaining such appraisal, the property owner(s) must be given an opportunity to accompany the appraiser during any inspection of the property or acknowledge in writing that they knowingly waived the right to do so; iv. Copies of all written correspondence with off-site property owners including purchase summary of formal offers and counter offers to purchase at the appraised price. v. Prior to submittal of the aforementioned documents for City Engineer approval, the Subdivider shall deposit with the City all or a portion of the anticipated costs, as determined by the City Attorney, of the condemnation proceedings. The City does not and cannot guarantee that the necessary property rights can be acquired or will, in fact, be acquired. All necessary procedures of law would apply and would have to be followed. 25. All public streets shall conform to City Engineering Standards and AASP including curb, gutter, and sidewalk, driveway approaches, and curb ramps as approved by the City Engineer. Where conflicts occur between the City Engineering Standards and concepts identified in the AASP and/or this project approval, a final determination on design shall be provided by the City Engineer. 26. Final roadway alignment shall be consistent with the AASP, Bike Plan, and City Engineering Standards except where the applicant has requested and been granted a formal design exception. 27. The development plans shall be revised to include the circulation changes shown at the project interface with the SESLOC access driveway to the north as shown on Conceptual Site Plan sheet SP-1 dated 2/5/19 and Bethel Engineering reference plan sheet 1 of 1 dated 1/23/19. The final orientation of the through street, stop controlled drive aisle, pedestrian access, and bike connectivity shall be approved to the satisfaction of the City. 28. The improvement plans shall include all final line-of-sight analysis at applicable intersections to the satisfaction of the Public Works Department. Fence heights and plantings in the areas of control shall be reviewed in conjunction with the analysis. A separate recorded declaration, covenant, agreement or Notice of Requirements for private property owner maintenance of sight lines may be required. 29. Any jurisdictional permits from the Army Corp, Fish and Wildlife, or Regional Water Quality Control Board required for the drainage, site improvements, street and road improvements shall be issued prior to plan approval and/or commencing with work within the respective waterways. 30. All mitigation measures (MM) specific to Transportation requirements shall be provided as detailed under this Resolution to the satisfaction of the City Engineer. Resolution No. 11166 (2020 Series) Page 20 R 11166 31. Access rights for the development at 650 Tank Farm Road shall be dedicated prior to or concurrent with the recordation of the final map. Improvements for access would be completed by the development at 650 Tank farm Road under the conditions of their permits. A shared maintenance program for this access may be prepared between the parties and will be included with disclosures to prospective tenants and buyers as provided in these conditions. 32. The subdivider shall install public street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring and luminaires along all public streets and intersections per City Engineering Standards. 33. Private site lighting shall be provided per City Engineering Standards. Unless otherwise waived by the City, the through access roadway/bikeway from the northerly tract boundary to the signal at Tank Farm Road shall include street/pathway lighting per City Engineering Standards and the City’s Bike Plan. 34. Improvement plans for the entire subdivision, including any off-site improvements shall be approved to the satisfaction of the Public Works Department, Utilities Department, and Fire Department prior to map recordation. 35. The improvement plans shall clearly show all existing structures, site improvements, utilities, water wells, septic tanks, leach fields, gas and wire services, etc. The plan shall include the proposed disposition of the improvements and any proposed phasing of the removal and demolition. All structures and utilities affected by the proposed lot lines shall be removed and receive final inspection approvals prior to map recordation. 36. The improvement plan submittal shall include a complete construction phasing plan in accordance with the conditions of approval, City codes, and standards. A truck circulation plan and construction management and staging plan shall be included with the improvement plan submittal. General truck routes shall be submitted for review and acceptance by the City. The engineer of record shall provide a summary of the extent of cut and fill with estimates on the yards of import and export material. The summary shall include rough grading, utility trench construction, road construction, AC paving, concrete delivery, and vertical construction loading estimates on the existing public roadways. The developer shall either; 1) complete roadway deflection testing before and after construction to the satisfaction of the City Engineer and shall complete repairs to the pre-construction condition, or 2) shall pay a roadway maintenance fee in accordance with City Engineering Standards and guidelines, or 3) shall propose a pavement repair/replacement program to the satisfaction of the City Engineer prior to acceptance of the subdivision improvements. 37. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall be served to each lot to the satisfaction of the Public Works Department and serving utility companies. All public and private sewer mains shall be shown on the public improvement plans and shall be constructed per City Engineering Standards unless a waiver or alternate standard is otherwise approved by the City. The plans shall clearly delineate and distinguish the difference between public and private improvements. Resolution No. 11166 (2020 Series) Page 21 R 11166 38. City recycled water or another non-potable water source, shall be used for construction water (dust control, soil compaction, etc.). An annual Construction Water Permit is available from the City’s Utilities Department. Recycled water is readily available near the intersection of Tank Farm Road and Orcutt Road. 39. Final grades and alignments of all public and/or private water, sewer and storm drains shall be approved to the satisfaction of the Public Works Director and Utilities Department. The final location, configuration, and sizing of service laterals and meters shall be approved in conjunction with the review of the building plans, fire sprinkler plans, and/or public improvement plans. 40. The improvement plans shall show the location of all domestic and landscape water meters. The plan shall include service lateral sizes and meter sizes. Sizing calculations may be required to justify service and meter sizing. Water impact fees related to the irrigation water meter(s) shall be paid prior to approval of the subdivision improvement plans for each pertinent map and/or construction phase. 41. Unless otherwise approved by the City, sewer laterals and/or private mains shall connect to the public sewer main located within Tank Farm Road. If approved for connection in Broad Street, a comprehensive plan based on the field confirmation of all existi ng public and private utility depths shall be completed to confirm that a gravity sewer can be achieved with gradients and utility clearances per City Engineering Standards. Transportation Division - Public Works Department 42. The project shall pay all required transportation impact fees, including participation in the Citywide Transportation Impact Fee Program and the County’s Highway 227 Impact Fee Program, and fair share mitigation contributions as indicated in the traffic impact study, dated July 2020, and project environmental documents before any building permits are issued. 43. The following required public improvements shall be completed by the property owner prior to issuance of any occupancy permits: • Restripe southbound approach at Broad Street/Tank Farm intersection to provide two (2) left turn lanes, to the satisfaction of the Public Works Director. Improvements include any required modifications to traffic signal detection, phasing operation and timings to accommodate additional turn lane. As part of Broad Street striping modifications, install buffered bike lanes along Broad Street between Industrial and Tank Farm to the satisfaction of the Public Works Director. A portion of these costs may be eligible for Citywide Transportation Impact Fee credits. • Reconstruct the Broad Street project frontage to current City Engineering Standards. Frontage improvements shall include installation of curb and gutter, a sidewalk -level Class IV bike lane (protected bike lane) with an entry ramp from the street level, and a pedestrian sidewalk. Resolution No. 11166 (2020 Series) Page 22 R 11166 • Reconstruct the Tank Farm Road project frontage to current City Engineering Standards. Frontage improvements shall widen the northern side of Tank Farm Road to a cross section that substantially conforms with the ultimate section identified in the Airport Area Specific Plan to the satisfaction of the Public Works Director. Frontage improvements shall include widening to provide a continuous second westbound auto lane, installation of curb and gutter, a landscaped parkway at the back of curb, sidewalk- level Class IV bike lane, pedestrian sidewalk and driveway/intersection transitions. Depending on timing of related frontage improvements with development of the adjacent property at 650 Tank Farm Road, interim roadway striping and geometric transitions may be approved to the satisfaction of the Public Works Director. • Construct protected bicycle intersection features at the northwest corner of the Broad/Tank Farm intersection to improve bicycle and pedestrian accessibility and crossing safety. Designs shall be consistent with best practice design guidance published by the Federal Highway Administration (FHWA), Caltrans, and the National Association of City Transportation Officials (NACTO). Improvements may require traffic signal modifications. A portion of these costs may be eligible for Citywide Transportation Impact Fee credits. • Abandon SESLOC driveway to the north of the project site and reconstruct sidewalk, parkway and gutter to City Standards. • The median on Tank Farm along the project frontage and at the west leg of the Tank Farm/Mindbody intersection shall be reconstructed in concrete, per City Engineering Standards to the satisfaction of the Public Works Director. • Complete median design / access controls for right-in / right-out / left-in access at the north project driveway on Broad Street, to the satisfaction of the Public Works Director. If the applicant proposes a driveway design that does not include a raised center median on Broad Street to physically restrict left-turns exiting the project site, the project applicant shall be required to provide the following: a. Fund the costs of preparing a traffic engineering study to be performed a 6 and 12 months following project occupancy by a qualified professional to be selected from the City’s traffic engineering on-call consultant list. The traffic study shall review collision history and site observations at the new driveway to determine if unsafe driver behavior warrants addition of a center median to more effectively eliminate left-turns exiting the site. b. Prior to issuance of occupancy permits, the project applicant would be required to provide a bond to cover the incremental cost needed to install a raised center median on Broad Street if the findings of the traffic engineering study indicates that further access controls are warranted. Bonds would be released if the six- and 12-month traffic studies conclude that no further improvements are required. • Complete traffic signal modifications and other intersection improvements at the Tank Farm / Mindbody intersection to the satisfaction of the Public Works Director. Required traffic signal improvements include modifications to signal poles, signal heads, cables, pedestrian signals and push buttons, controller programing, cabinet equipment, video detection, battery backups and all other necessary equipment for the traffic signal to function in its intended purpose per Caltrans and City of San Luis Obispo Standard Specifications. Intersection improvements include installation of a dedicated eastbound left turn pocket (with median), a westbound right-turn pocket, ADA curb ramps on the Resolution No. 11166 (2020 Series) Page 23 R 11166 northern corners, pedestrian and bicycle crossing treatments at the north leg of the intersection, and construction of the new on-site roadway serving as the north leg of the intersection. 44. If the Tank Farm/Mindbody intersection and traffic signal improvements are constructed earlier by others prior to development of the proposed Project, the applicant shall be responsible for a fair share contribution towards 50 percent of these costs via a private reimbursement agreement or other mechanism to the satisfaction of the Community Development Director. 45. Project shall grant a public access easement along the entire access roadway (connection between Mindbody Signal and SESLOC property) to the west of the project site. 46. The project shall make efforts to encourage bicycle and transit users. To this end, the project shall include the following: • Transit – The project applicant shall construct a bus turnout per City Engineering Standard 4920 along Broad Street frontage at a location approved by the City Transit and Transportation Divisions. Transit stop design and amenities (i.e. flag sign, bench, shelter) shall be provided to the satisfaction of the City Transit Manager and Public Works Director. The project applicant shall demonstrate that a good faith effort has been made to coordinate with SESLOC representatives to confirm that the transit stop placement and design is acceptable to both parties. • Bike Racks – the following additional elements shall be installed to attract the use of bicyclists: a) bike racks shall be located as close to building entrances as is practical; b) at each bike each location, protective rain/sun canopies shall be installed, as well as security lighting. Utilities Department 47. The proposed utility infrastructure shall comply with the latest engineering design standards effective at the time the building permit is obtained, and shall have reasonable alignments needed for maintenance of public infrastructure. 48. Revisions to the existing sewer and water infrastructure, that may result from the proposed land use modifications, shall be completed to the satisfaction of the Utilities Director to minimize impacts to operations and maintenance of the services. 49. Revisions to the city owned fiber optic cable located along the east boundary of the project, that may result from the proposed land use modifications, shall be adjusted or re- constructed to the satisfaction of the Utilities Director. 50. The proposed project is within an area subject to shallow ground water. Heat-fused HDPE pipe shall be used for the proposed private and public sewer collection system to prevent groundwater infiltration. Resolution No. 11166 (2020 Series) Page 24 R 11166 51. Any private sewer services that cross one parcel for the benefit of another shall provide evidence that a private utility easement appropriate for those facilities has been recorded prior to final Building Permit. The proposed project shall include a private sewer lateral, no force main, connecting near the west boundary of the project along Tank Farm Road, and must be of enough depth to reach the northwest corner of the adjacent parcel to the north (APN 053-231-050), and to the satisfaction of the Utilities Engineer. 52. If commercial uses in the project include food preparation, provisions for grease interceptors and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall be provided with the design. These types of facilities shall also provide an area inside to wash floor mats, equipment, and trash cans. 53. The site is within the City’s Water Reuse Master Plan area and landscape irrigation for the project shall utilize recycled water from the existing service that was stubbed to the property. The irrigation system shall be designed and operated as described consistent with recycled water standards in the City’s Procedures for Recycled Water Use, including the requirement that sites utilizing recycled water require backflow protection on all potable service connections. The irrigation plans shall be submitted to the Building Department for review during the City’s building permit review process. Frontage improvements must include approximately 950-feet of a new 8” recycled water main with new recycled water services to the project. The alignment of the recycled water mains shall follow the engineering design standards and shall be designed to the satisfaction of the Utilities Engineer. 54. Public sewer and water pipe infrastructure shall not be extended into private access road, but public water meters can be installed for each parcel with a dedicated access easement and is to the satisfaction of the Utilities Engineer. 55. Separate water and recycled water meters shall be provided for each new parcel in an area accessible by the City. 56. Any sewer lateral that crosses one proposed parcel for the benefit of another shall provide evidence that a private utility easement appropriate for those facilities has been recorded prior to issuance of a Building Permit. 57. Recycled water, or another non-potable water source, shall be used for construction water (dust control, soil compaction, etc.). An annual Construction Water Permit is available from the City’s Utilities Department. 58. Irrigation systems using recycled water shall be designed and operated as described consistent with the City’s Procedures for Recycled Water Use, including the requirement that sites utilizing recycled water require backflow protection on all potable service connections in accordance with the Engineering Design Standards. Three sets of irrigation plans shall be submitted for review during the City’s improvement plan and/or building permit review process. 59. Water flow rates and flow velocities shall comply with the minimum requirements of the 2016 Potable Water Distribution System Operations Master Plan. Resolution No. 11166 (2020 Series) Page 25 R 11166 60. Final grades and alignments of all public and/or private water, recycled water, and sewer shall be approved to the satisfaction of the Utilities Department. The final location, configuration, and sizing of on-site service laterals and meters shall be approved by the Utilities Director in conjunction with the review of the building plans, fire sprinkler plans, and/or public improvement plans. 61. The project’s estimated total water use (ETWU) to support new ornamental landscaping shall not exceed the project’s maximum applied water allowance (MAWA). Information shall be submitted during the Building Permit Review Process for review and approval by the Utilities Department prior to issuance of a Building Permit to support required water demand of the project’s proposed landscaping. 62. A trash enclosure capable of storing the required bins for waste, recycling, and organics shall be provided. 63. Commercial and residential refuse services shall be separate unless a letter of agreement between the tenants and a Conditional Exception Application from the City’s Development Standards for Solid Waste Services are provided to the City with the building permit submittal. Code Requirements: 64. Potable water shall not be used for major construction activities, such as grading and dust control as required under Prohibited Water Uses; Chapter 13.07.070.C of the City’s Municipal Code. Recycled water is available through the City’s Construction Water Permit program. 65. At Building Permit submittal, a plan demonstrating adequate capacity for the depositing, storage, and collection of non-hazardous, trash, recycling, and organic waste shall be submitted for review and approved by the Utilities Engineer prior to permit issuance. The plan shall demonstrate compliance with Public Resources Code sections 42649.8-42649.87 on the recycling of organic waste. “Organic waste” includes both yard and food waste. Recycling and organics containers must be placed adjacent to trash, and must be visible, accessible, and clearly marked. Trash enclosure storage capacity must be sufficient for intent of use, and a letter confirming a waste service arrangement with the franchised hauling company (San Luis Garbage Co.) is required. The following weblink can be used as a resource to calculate approximate waste generation: https://www2.calrecycle.ca.gov/WasteCharacterization/BusinessGroupCalculator Resolution No. 11166 (2020 Series) Page 26 R 11166 66. 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. Upon motion of Council Member Christianson, seconded by Vice Mayor Gomez, 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 passed and adopted this 15th 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