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HomeMy WebLinkAboutPC-1023-20 (ARCH-0755-2019 -- 650 Tank Farm Rd.)RESOLUTION NO. 1023-20 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION APPROVING THE DEVELOPMETN AND ARCHITECTURAL REVIEW OF A MIXED -USE DEVELOPMENT INCLUDING A CONSISTENCY DETERMINATION FOR ENVIRONMENTAL REVIEW AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED OCTOBER 14, 2020 (650 TANK FARM ROAD FILE #ARCH-0755-2019) WHEREAS, the Tree Committee of the City of San Luis Obispo conducted a web based public hearing on August 10, 2020 and recommended approving the proposed tree removal and replanting plan associated with an architectural review application ARCH-0755-2019, Agera Grove Investments, LLC, applicant, with the addition of specific conditions of approval; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing via teleconference, per the Governor's Executive Order N-29-20 issued on March 17, 2020, relating to the convening of public meetings in response to the COVID-19 pandemic, on August 17, 2020 for the purpose of reviewing an architectural review application ARCH-0755-2019, Agera Grove Investments, LLC, applicant and recommended approving the design with direction regarding variation of the rear elevations of Buildings A and F; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing via teleconference, per the Governor's Executive Order N-29-20 issued on March 17, 2020, relating to the convening of public meetings in response to the COVID-19 pandemic, on October 14, 2020 for the purpose of reviewing an architectural review application ARCH-0755- 2019, Agera Grove Investments, LLC, applicant, for a mixed -use development project and including an exception to the third -floor setback requirement; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Commission hereby grants final approval to the project (ARCH-0755-2019), based on the following findings: 1. 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 will be compatible with site constraints and the scale and character envisioned for the site per Section 4.2.2 of the Airport Area Specific Plan which states that "The redevelopment of the site of the Hidden Hills Mobilodge Mobile Home Park and recreational vehicle storage at 650 Tank Farm Road shall be limited to a commercial and residential mixed -use development with a predominantly residential component." 2. The project is consistent with the Housing Element because the project provides a variety Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 2 of residential types, sizes, and styles of dwellings (HE 5.4). The project supports Housing Element policies related to inclusion and expansion of affordable housing units within the City (HE 1.1, 1.2, 2.1, 2.2, 7.1, 7.2, and 8.1). 3. The project is consistent with the Airport Area Specific Plan because the project is consistent with policy direction for the area included in the General Plan, and in particular with the following General Plan policies: Policy LUE Policy 1.5 Jobs/Housing Relationship, because the provides additional housing opportunities at a location close to major employers and multimodal transportation facilities; LUE Policy 2.2.6 and 2.2.7, which promote quality neighborhoods and infill development, because the project is located within walking distance to nearby employers as well as retail uses and other services of the Marigold Shopping Center; and Circulation Element policies 3.1.7 Transit Service Access, 4.1.1 Bicycle Use, and 5.1.2 Sidewalks and Paths, because SLO Transit Routes 1 and 3 provide service to the project site area and because the project would provide improvements to bicyclist and pedestrian facilities in the project area. 4. The design of the project is consistent with the Community Design standards of the Airport Area. Specific Plan and incorporates articulation, massing, and a mix of color/finish materials that are compatible with the neighborhood and complementary to other development within the immediate vicinity. 5. 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 complements the design and scale of the existing structures in the surrounding neighborhood (CDG, Chapter 5.4). U. iiic piojcct is consistent with the Zoning Regulations for Mixed -Use Projects (Section 17.08.072), since the proposed building design complies with design and performance standards for mixed -use development and is consistent with all property development standards including height, coverage, and setbacks for the Commercial Retail (C-R) zone. Section 2. Environmental Review. An Initial Study (IS) was prepared in accordance with the California Environmental Quality Act (CEQA) to evaluate the potential environmental effects of the Airport Area Specific Plan Amendment, General Plan Amendment, Conversion Impact Report, rezone, and conceptual mixed -used project. A Mitigated Negative Declaration (MND) was adopted by the City Council on February 5, 2019. The proposed mixed -used project is consistent with the conceptual mixed -used project evaluated in the adopted MND because the MND reviewed 17,500 square feet of commercial space and 249 residential units. The MND also evaluated the development of 19 three-story buildings, laid out in a conceptual site plan similar to the site plan submitted with this application. All mitigation measures from the MND would be applied to this project. No further CEQA analysis is required. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 3 Air- Quay[ f Mitigatioo Mitigation Measure AQ-1(a). The applicant shall define and incorporate into project design the following emissions reduction measures to ensure daily ozone precursor emissions would not exceed the SLOAPCD 25 lbs/day threshold: Use low-VOC architectural coatings for both interior and exterior surfaces on all buildings. Use water -based or low-VOC cleaning products. Provide and require the use of battery powered or electric landscape maintenance equipment for new development. In addition, to comply with SLOAPCD guidelines for operational eml ss l Ons mitigation, the applicant shall define and incorporate into project design at least four of the following standard emission reduction measures from the SLOAPCD CEQA Air Quality Handbook (Table 3-5): • Provide a pedestrian friendly and interconnected streetscape with good access to/from the development for pedestrians, bicyclists, and transit users to make alternative transportation more convenient, comfortable, and safe. • Provide shade over 50% of parking spaces to reduce evaporative emissions from parked vehicles. • Incorporate traffic calming modification into project roads to reduce vehicle speeds and increase pedestrian and bicycle usage and safety. • Work with SLOCOG to create, improve, or expand a nearby'Park and Ride' lot with car parking and bike lockers in proportion to the size of the project. • Implement on -site circulation design elements in parking lots to reduce vehicle queuing and improve the pedestrian environment. • Provide employee lockers and showers to promote bicycle and pedestrian use. One shower and 5 lockers for every 25 employees is recommended. • Exceed Cal Green standards by 25% for providing on -site bicycle parking: both short term racks and long-term lockers, or a locked room with standard racks and access limited to bicyclists only. • Provide improved public transit amenities (covered transit turnouts, direct pedestrian access, bicycle racks, covered bench, smart signage, route information displays, lighting, etc.) • Provide bicycle -share program for development. • Provide neighborhood electric vehicles/car-share program for the development. • Provide dedicated parking for carpools, vanpools, and/or high -efficiency vehicles to meet or exceed Cal Green Tier 2. • Provide vanpool, shuttle, mini bus service (alternative fueled preferred). • Provide child care facility on site. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 4 • Implement programs to reduce employee vehicle miles traveled (e.g. incentives, SLO Regional Rideshare trip reduction program, vanpools, onsite employee housing, alternative schedules (e.g. 9-80s, 4-1 Os, telecommuting, satellite work sites etc.). • Provide a lunchtime shuttle to reduce single occupant vehicle trips and/or coordinate regular food truck visits. • Provide free -access telework terminals and/or wi-fi access in multi -family projects. • Meet or exceed Cal Green Tier 2 standards for providing EV charging infrastructure. • Install 1 or more level 2 or better EV charging stations. • Meet or exceed Cal Green Tier 2 standards for building energy efficiency. • Design roof trusses to handle dead weight loads of standard solar -heated water and photovoltaic panels. Mitigation Measure AQ-1(b). The applicant shall implement the following dust control measures so as to reduce PM10 emissions in accordance with SLOAPCD requirements. • Reduce the amount of the disturbed area where possible; • Water trucks or sprinkler systems shall be used during construction in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency shall be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water shall be used whenever possible; • All dirt stock pile areas shall be sprayed daily as needed; • 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; • Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast germinating , non-invasive grass seed and watered until vegetation is established; • 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; • All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible after grading unless seeding or soil binders are used; • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114; • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water shall be used where feasible; Mitigation Measure AQ-1(c). The following standard air quality mitigation measures shall be implemented during construction activities at the project site: Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 5 • Maintain all construction equipment in proper tune according to manufacturer's specifications; • Fuel all off -road and portable diesel -powered equipment with ARB certified motor vehicle diesel fuel (non -taxed version suitable for use off -road); • Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off road heavy-duty diesel engines, and comply with the State Off -Road Regulation; • Use on -road heavy-duty trucks that meet the ARB'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 1,000 feet of sensitive receptors is not permitted; • Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; • Electrify equipment when feasible; • Substitute gasoline -powered in place of diesel -powered equipment, where feasible; and • Use alternatively fueled construction equipment on -site where feasible, such as compressed natural gas, liquefied natural gas, propane or biodiesel. AQ-1, AQ-2, and AQ-3 Monitoring Program: The Community Development Department shall verify compliance prior to issuance of grading or construction permits. The contractor or builder shall designate a person or persons to monitor fugitive dust emissions as necessary during construction to minimize dust complaints, reduce visible emissions below 20 percent opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the SLOAPCD Compliance Division prior to the start of any grading, earthwork or demolition. The Community Development Department shall site inspect to ensure construction activities are completed in accordance with approved plans, and development is in accordance with approved plans prior to occupancy clearance. Community Development staff shall verify installation of operational emissions reduction measures in accordance with approved building plans. BiolBizica1_Resources Mitigation Mitigation Measure BI04(a). Prior to the start of vegetation management activities on the project site, or prior to the start of any construction activity within potential off -site improvement areas, the developer shall ensure an approved biologist conducts surveys for special status plant species throughout suitable habitat. Surveys shall be conducted when plants with potential to occur are in a phenological stage conducive to positive identification (i.e., usually during the blooming period for the species), a qualified biologist shall conduct surveys for special status plant species throughout suitable habitat within all potential vegetation management areas. Reference sites must Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 6 be visited prior to botanical surveys to confirm target species are detectable. Valid botanical surveys will be considered current for up to five years; if construction has not commenced within five years of the most recent survey, botanical surveys must be repeated. Mitigation Measure BI0-1(b). If special status plant species are discovered within the project site or potential off -site improvement areas, an approved biologist shall flag and fence these locations before construction activities start to avoid impacts. During vegetation management activities, any special status plants identified during the survey must be flagged for avoidance. Mitigation Measure BI04(c). If avoidance is not feasible; all impacts shall be mitigated at a minimum ratio of 2:1 (number of acres or individuals restored to number of acres or individuals impacted) for each species as a component of habitat restoration. A qualified biologist shall prepare and submit a restoration plan to the City for approval. The approved Plan shall be implemented by the applicant with the City verifying that the success criteria have been met. The restoration plan shall include, at a minimum, the following components: • Description of the project/impact site (i.e., location, responsible parties, areas to be impacted by habitat type); ■ Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be established, restored, enhanced, and/or preserved; specific functions and values of habitat type(s) to be established, restored, enhanced, and/or preserved]; • Description of the proposed compensatory mitigation site (location and size, ownership status, existing functions and values); • Implementation plan for the compensatory mitigation site (rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan [including species to be used, container sizes, seeding rates, etc.]); • Maintenance activities during the monitoring period, including weed removal and irrigation as appropriate (activities, responsible parties, schedule); • Monitoring plan for the compensatory mitigation site, including no less than quarterly monitoring for the first year, along with performance standards, target functions and values, target acreages to be established, restored, enhanced, and/or preserved, and annual monitoring reports to be submitted to the City for a minimum of five years at which time the applicant shall demonstrate that performance standards/success criteria have been met; ■ Success criteria based on the goals and measurable objectives; said criteria to be, at a minimum, at least 80% survival of container plants and 30% relative cover by vegetation type; • An adaptive management program and remedial measures to address any shortcomings in meeting success criteria; • Notification of completion of compensatory mitigation and agency confirmation; and • Contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism). Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 7 Mitigation Measure BI0-2(a). The following Best Management Practices (BMPs) shall be implemented for project construction activities within the work area. • No pets or firearms shall be allowed at the project site during construction activities. • All trash that may attract predators must be properly contained and removed from the work site. All such debris and waste shall be picked up daily and properly disposed of at an appropriate site. • All refueling, maintenance, and staging of equipment and vehicles shall occur at least 50 feet from defined edges of riparian and wetland vegetation, and Acacia Creek and Orcutt Creek, and in a location where a spill would not drain toward aquatic habitat. A plan must be in place for prompt and effective response to any accidental spills prior to the onset of work activities. All workers shall be informed of the appropriate measures to take should an accidental spill occur. • Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be provided. Should material spills occur, materials and/or contaminants shall be cleaned from the project site and recycled or disposed ofto the satisfaction of the Regional Water Quality Control Board. • Prior to construction activities within 30 feet of potentially jurisdictional features, including Acacia Creek and Orcutt Creek, the drainage features shall be fenced with orange construction fencing and signed to prohibit entry of construction equipment and personnel unless authorized by the City. Fencing should be located a minimum of 30 feet from the edge of the riparian canopy or top of bank and shall be maintained throughout the construction period for each phase of development. Once all phases of construction in this area are complete, the fencing may be removed. • Erosion control and landscaping specifications allow only natural -fiber, biodegradable meshes and coir rolls, to prevent impacts to the environment and to fish and terrestrial wildlife. • All vehicles and equipment shall be in good working condition and free of leaks. • Construction work shall be restricted to daylight hours (7:00 AM to 7:00 PM) to avoid impacts to nocturnal and crepuscular (dawn and dusk activity period) species. • Concrete truck and tool washout shall be limited to locations designated by a qualified biologist or a Qualified Storm -water Practitioner such that no runoff will reach Acacia Creek or Orcutt Creek. • All open trenches shall be constructed with appropriate exit ramps to allow species that accidentally fall into a trench to escape. Trenches will remain open for the shortest period necessary to complete required work. • No water will be impounded in a manner to attract sensitive species. Mitigation Measure BI0-2(b). Prior to the initiation of construction activities (including staging and mobilization), all personnel associated with project construction shall attend a Worker Environmental Awareness Program (WEAP) training. The training shall be conducted by a qualified biologist, to aid workers in recognizing special status resources that may occur in the project area. The specifics of this program shall include identification of the sensitive species and habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and avoidance measures required to reduce Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 8 impacts to biological resources within the work area. A fact sheet conveying this information shall also be prepared for distribution to all contractors, their employers, and other personnel involved with construction of the project. All employees shall sign a form provided by the trainer documenting they have attended the training. Mitigation Measure BI0-2(c). The following shall be implemented to avoid and minimize potential impacts to California Red -legged Frog. • A pre -construction survey of the proposed disturbance footprint (within the project site or potential off -site improvement areas) for California red -legged frog shall be conducted by a qualified biologist within 48 hours prior to the start of project construction to confirm this species is not present in the work area. • In the event the pre -construction survey identifies the presence of individuals of CRLF, or if individuals of these species are encountered during construction, then the applicant shall stop work and comply with all relevant requirements of the Federal Endangered Species Act prior to resuming project activities. ■ Only City- and USFWS-approved biologists shall participate in activities associated with the capture, handling, and monitoring of CRLF. • If activities occur between November 1 and April 30, the qualified biologist shall conduct a pre -activity clearance sweep prior to start of project activities on the morning following any rain events of 0.1 inch or greater. Mitigation Measure BI0-2(d). A qualified biologist shall conduct a pre -construction survey within 48 hours of initial ground disturbing activities associated with any off -site improvements, including modifications to the existing crossing over Acacia Creek or the development of a new crossing over Orcutt Creek. The survey area shall include any proposed disturbance area(s) and all proposed ingress/egress routes. If any of these species are found and individuals may be injured or killed by work activities, the biologist shall be allowed sufficient time to move them from the project site before work activities begin. The biologist(s) shall relocate any coast range newts, two - striped garter snakes, and/or western pond turtles the shortest distance possible to a location that contains suitable habitat that is not likely to be affected by activities associated with the project. Mitigation Measure BI0-2(e). The applicant shall implement the following to avoid and minimize potential impacts to steelhead. Construction associated with the widening of the existing crossing over Acacia Creek shall be restricted to periods of dry weather from April 16 through October 31, and shall not be conducted within 48 hours after a rain event of 0.25 inch or greater, or until an approved biologist confirms there is no longer a chance for flowing water to enter the work area. Widening of the existing crossing shall follow the design standards developed by the City of San Luis Obispo and shall be developed in a manner that does not impede wildlife movement. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 9 Mitigation Measure BI0-2(f). The following actions shall be undertaken to avoid and minimize potential impacts to nesting birds: For construction activities occurring during the nesting season (generally February 1 to September 15), surveys for nesting birds covered by the California Fish and Game Code and the Migratory Bird Treaty Act no more than 14 days prior to vegetation removal. The surveys shall include the disturbance area plus a 500-foot buffer around the site. If active nests are located during the pre -construction survey or during construction, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer shall be a minimum of 50 feet from the nest tree for non -raptor bird species and at least 300 feet from the nest tree for raptor species. Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and equipment until the adults and young are no longer reliant on the nest site. A qualified biologist shall confirm that breeding/nesting is completed and young have fledged the nest prior to removal of the buffer. To account for most nesting birds, removal of vegetation within suitable nesting bird habitats should be scheduled to occur in the fall and winter (between September 16 and January 31), and after the young have fledged. If a suspected American bald eagle nest is discovered during the pre -construction survey, then the applicant shall consult with the City, USFWS, and CDFW regarding appropriate nest buffers and nest monitoring. If a nest is discovered with construction underway, a no activity buffer a minimum of 660 feet from the nest must be implemented, or as otherwise directed by CDFW and USFWS, until appropriate authorizations are obtained. Any subsequent buffer adjustments shall be made in consultation with the City, CDFW and USFWS and shall rely on monitoring observations and activity at the site. Additional avoidance measures for special status bird nests such as American bald eagle nests are often required, and would be developed in consultation with the City, CDFW and USFWS. The Worker Environmental Awareness Program (Mitigation Measure BIO-2[b]) shall provide good housekeeping practices of equipment and materials that discourage nests being established within the construction area. Mitigation Measure BI0-2(g). The following actions shall be undertaken to avoid and minimize potential impacts to roosting bats: Prior to issuance of grading permits, a qualified biologist shall conduct a survey of existing structures within the project site to determine if roosting bats are present. The survey shall be conducted during the non -breeding season (November through March). The biologist shall have access to all interior attics, as needed. If a colony of bats is found roosting in any structure, further surveys shall be conducted sufficient to determine the species present and the type of roost (day, night, maternity, etc.) If the bats are not part of an active maternity colony, passive exclusion measures may be implemented, in close coordination with CDFW. These exclusion measures must Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 10 include one-way valves that allow bats to exit the structure but are designed so that the bats may not re-enter the structure. If a bat colony is excluded from the project site, appropriate alternate bat habitat as determined by a qualified biologist shall be installed on the project site or at an approved location offsite. Prior to removal of any trees, a survey shall be conducted by a qualified biologist to determine if any of the trees proposed for removal or trimming harbor sensitive bat species or maternal bat colonies. If a non -maternal roost is found, the qualified biologist, in close coordination with CDFW shall install one-way valves or other appropriate passive relocation method. For each occupied roost removed, one bat box or alternate roost structure shall be installed in similar habitat and should have similar cavity or crevices properties to those which are removed, including access, ventilation, dimensions, height above ground, and thermal conditions. Maternal bat colonies may not be disturbed. BI0-1(a) to BI0-2(g) Monitoring Program: The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the species- or resource -specific mitigation measure and provide monitoring reports to the City. Mitigation Mcasurc BI0-3. Temporary impact areas shall he restored at a one to one (1:1) ratio (one acre of restoration for each acre of impact) to offset temporary losses in wetland, stream, or riparian function. Permanent impacts on jurisdictional areas shall be offset through creation, restoration, and/or enhancement of in -kind habitats at a minimum ratio of 2:1. Permitting agencies (CDFW, USACE, RWQCB) may require a higher mitigation ratio associated with applicable permits. Furthermore, non-native invasive plants in temporarily -disturbed areas within riparian and wetland habitats and within City's 35-foot creek setback from Orcutt Creek and Acacia Creek shall be removed, and such areas shall be revegetated using native plants. Any restoration efforts shall include an invasive plant removal element. A Mitigation and Monitoring Plan is required to outline the approach that will be taken for restoration and habitat creation or enhancement. Once approved, the applicant will be responsible for Plan implementation, and the City will verify success of the Plan. The Plan shall be prepared by a qualified restoration ecologist. The plan shall include, but not be limited to the following components: • Description of the project/impact site, • Goal(s) of the compensatory mitigation, • Description of the proposed compensatory mitigation -site, • Implementation plan for the compensatory mitigation -site , • Maintenance activities during the monitoring period, • Monitoring plan for the compensatory mitigation -site, • Success criteria and performance standards, • Reporting requirements, and • Contingency measures and funding mechanisms. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 11 BI0-3 Monitoring Plan: The Environmental Monitor shall monitor environmental compliance of the construction activities throughout the construction period or as stipulated in the Mitigation and Monitoring Plan and provide monitoring reports to the City. Cultural Resources Miti ation Mitigation Measure CR-2(a). In accordance with the City's Conservation and Open Space Policies 3.5.6 and 3.5.7, a qualified principal investigator, defined as an archaeologist who meets the Secretary of the Interior's Standards for professional archaeology (hereafter qualified archaeologist), shall be retained to carry out all mitigation measures related to archaeological resources. Monitoring shall involve inspection of subsurface construction disturbance in the immediate vicinity of known sites, or at locations that may harbor buried resources that were not identified on the site surface. A Native American monitor shall also be present because the area is a culturally -sensitive location. The monitor(s) shall be on -site on a full-time basis during earthmoving activities, including grading, trenching, vegetation removal, or other excavation activities. Mitigation Measure CR-2(b). If cultural resources are encountered during ground -disturbing activities, work in the immediate area must halt and an archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology (NPS 1983) shall be contacted immediately to evaluate the find. If the discovery proves to be significant under CEQA, additional work such as data recovery excavation and Native American consultation may be warranted to mitigate any significant impacts. Mitigation Measure CR-2(c). If cultural resources are encountered during ground -disturbing activities, an extended phase I (XPI) testing program, utilizing standard shovel test pits and/or hand auguring at arbitrary levels, shall be conducted in the vicinity of the encounter. If the XPI program identifies subsurface deposits, a Phase II evaluation program shall be prepared to determine whether development would significantly impact identified resources. If the Phase II evaluation program identifies identified resources as significant, a Phase III data recovery program shall be prepared and implemented. The purpose of the Phase III data recovery program is to recover, analyze, interpret, report, curate, and preserve archaeological data that would otherwise be destroyed. The testing and evaluation programs shall be prepared by a qualified archaeologist, and shall be submitted for review and approval by the City. The qualified archaeologist shall monitor compliance with testing and evaluation program requirements during implementation of the testing and evaluation programs. CR-2(a, band c) Monitoring Plan: The City shall confirm the qualifications of and approve the applicant's choice of a qualified archaeologist. The City shall inspect the site periodically during Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 12 grading and demolition to ensure compliance with this measure. The City shall review construction plans and periodically inspect project construction to ensure compliance with these measures. Mitigation Measure CR-3(a). Prior to the commencement of ground disturbing activities under the project that are greater than six feet in depth, a qualified professional paleontologist shall be retained to conduct paleontological monitoring during project ground disturbing activities. The Qualified Paleontologist (Principal Paleontologist) shall have at least a Master's Degree or equivalent work experience in paleontology, shall have knowledge of the local paleontology, and shall be familiar with paleontological procedures and techniques. Ground disturbing construction activities (including grading, trenching, drilling with an auger greater than 3 feet in diameter, and other excavation) within previously undisturbed sediments at depths greater than six feet shall be monitored on a full-time basis. Monitoring shall be supervised by the Qualified Paleontologist and shall be conducted by a qualified paleontological monitor, who is defined as an individual who meets the minimum qualifications per standards set forth by the SVP (2010), which includes a B.S. or B.A. degree in geology or paleontology with one year of monitoring experience and knowledge of collection and salvage of paleontological resources. The duration and timing of the monitoring shall be determined by the Qualified Paleontologist. If the Qualified Paleontologist determines that full-time monitoring is no longer warranted, he or she may recommend reducing monitoring to periodic spot-checking or cease entirely. Monitoring would be reinstated if any new ground disturbances are required and reduction or suspension would need to be reconsidered by the Qualified Paleontologist. Ground -disturbing activity that does not exceed six feet in depth within Quaternary alluvium would not require paleontological monitoring. Mitigation lvieasure CR-3(b). in the event that a paieontoiogicai resource is discovered, the monitor shall have the authority to temporarily divert the construction equipment around the find until it is assessed for scientific significance and collected. Once salvaged, significant fossils shall be identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and curated in a scientific institution with a permanent paleontological collection along with all pertinent field notes, photos, data, and maps. Curation fees are assessed by the repository, and are the responsibility of the project owner. Mitigation Measure CR-3(c). At the conclusion of laboratory work and museum curation, a final report shall be prepared describing the results of the paleontological mitigation monitoring efforts associated with the project. The report shall include a summary of the field and laboratory methods, an overview of the project geology and paleontology, a list of taxa recovered (if any), an analysis of fossils recovered (if any) and their scientific significance, and recommendations. The report shall be submitted to the lead agency(s) for the project. If the monitoring efforts produced fossils, then a copy of the report shall also be submitted to the designated museum repository. CR-3 (a, b, and c) Monitoring Plan. Prior to initial ground disturbance, the City shall confirm the qualifications of and approve the applicant's choice of the qualified paleontologist. The City shall inspect the site periodically during grading and demolition to ensure compliance with this Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 13 measure. The City shall review construction plans and periodically inspect project construction to ensure compliance with these measures. The City shall review and approval the Final Paleontological Monitoring Report. Geolou and Soils Miti ation Mitigation Measure GEO-1. A geotechnical study shall be prepared for the project site prior to site development. This report shall include an analysis of the liquefaction potential of the underlying materials according to the most current liquefaction analysis procedures. If the site is confirmed to be in an area prone to seismically -induced liquefaction, appropriate techniques to minimize liquefaction potential shall be prescribed and implemented. In addition to a liquefaction analysis, the Geotechnical Study shall include an evaluation of the potential for soil settlement and soil expansion beneath the project site. All on -site structures shall comply with applicable methods of State and Local Building Codes. Future development of the site shall incorporate all applicable engineering requirements and recommendations as presented in the Geotechnical Study. Suitable measures to reduce liquefaction, settlement, and soil expansion impacts may include one or more of the following techniques , as determined by a registered geotechnical engineer: • Specialized design of foundations by a structural engineer; • Removal or treatment of liquefiable soils to reduce the potential for liquefaction; • In -situ densification of soils or other alterations to the ground characteristics; or • Other alterations to the ground characteristics. • Excavation and re -compaction of on -site or imported soils; • Treatment of existing soils by mixing a chemical grout into the soils prior to re - compaction; or • Foundation design that can accommodate certain amounts of differential settlement such as post tensional slab and/or ribbed foundations designed in accordance with the California Building Code. GEO-1 Monitoring Plan. The Community Development Department shall verify compliance prior to issuance of grading permits. The Community Development Department shall site inspect to ensure development is in accordance with approved plans prior to occupancy clearance. Community Development staff shall verify installation in accordance with approved building plans. Hydrolozy and Water Ouaiity Mitigation Mitigation Measure HYD-1. The applicant shall prepare the conditional letter of map revision (CLOMR) application and obtain an official letter of map revision (LOMR) from FEMA. HYD-1 Monitoring Plan. The City will confirm that FEMA has approved the CLOMR prior to issuance of a grading permit, and LOMR prior to issuance of a building permit. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 14 Noise Mitigation Mitigation Measure N-1. Within 150 feet, the project site developer shall implement the following measures, or similar combination of measures, which demonstrate that interior residential noise levels in residences exposed to Tank Farm Road would be reduced to the City's 45 dBA CNEL interior noise standard. Furthermore, as shown conceptually, final building design and location of buildings shall collectively provide an effective attenuation shield from Tank Farm road noise for active outdoor areas within the development with the intent to achieve 60 dBA CNEL or less at a distance of 250 feet from the centerline of Tank Farm Road. Interior noise reduction shall be achieved through a combination of standard interior noise reduction techniques, which may include (but are not limited to): • In order for windows and doors to remain closed, mechanical ventilation such as air conditioning shall be provided for all units exposed to Tank Farm Road (passive ventilation may be provided, if mechanical ventilation is not necessary to achieve interior noise standards, as demonstrated by a qualified acoustical consultant). • All exterior walls shall be constructed with a minimum STC rating of 50. • All windows and glass doors shall be rated STC 39 or higher such that the noise reduction provided will satisfy the interior noise standard of 45 dBA CNEL. • An acoustical test report of all the sound -rated windows and doors shall be provided to the City for review by a qualified acoustical consultant to ensure that the selected windows and doors in combination with wall assemblies would reduce interior noise levels sufficiently to meet the City's interior noise standard. • All vent ducts connecting interior spaces to the exterior (i.e., bathroom exhaust, etc.) shall have at least two 90 degree turns in the duct. • All windows and doors exposed to Tank Farm Road shall be installed in an ii rr acoustically effective manner. Sliding window panels shall form an air -tight sea! when in the closed position and the window frames shall be caulked to the wall opening around the perimeter with a non -hardening caulking compound to prevent sound infiltration. Exterior doors shall seal air -tight around the full perimeter when in the closed position. • The applicant shall submit a report to the Community Development Department by a qualified acoustical consultant certifying that the specific interior noise reduction techniques included in residential, hotel, and office components of the project would achieve interior noise levels that would not exceed 45 dBA CNEL. N-1 Monitoring Plan. The Community Development Department shall verify compliance prior to approval of the building plans and shall verify installation in accordance with approved building plans. Mitigation Measure N-2(a). For all construction activity at the project site that exceeds 60 dBA at the property line with the existing residence to the southeast, the following 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: Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 15 • 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 single-family residence to the southeast. Mitigation Measure N-2(b). The contractor shall inform the property owner of the single-family residence to the southeast of the project site of proposed construction timelines and noise complaint procedures to minimize potential annoyance related to construction noise. Proof of mailing the notice shall be provided to the Community Development Department before the City issues a zoning clearance. Signs shall be in place before beginning of and throughout grading and construction activities. Noise -related complaints shall be directed to the City's Community Development Department. Plan Requirements and Timing. Construction plans shall note construction hours, truck routes, and construction Best Management Practices (BMPs) and shall be submitted to the 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. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 16 N-2(a and b) Monitoring Plan. 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 and Traffic Mitigation Mitigation Measure T-1. The project applicant shall pay fair share costs for required intersection improvements to address the project's identified queueing impact at the Broad Street/Tank Farm Road intersection. Required intersection improvements include: • Broad Streel/Tank Farm Road: Re -stripe the existing cross -sectional width to provide a second southbound left tum lane. Alternatively, the identified queueing impact at the Broad Street/Tank Farm Road intersection would be eliminated if the applicant provides a vehicular connection to the adjacent site to the east, which would allow use of the traffic signal way at Industrial Way. T-1 Monitoring Plan. The City shall verify payment of fair share costs (or inclusion of a vehicular connection to the adjacent site to the east on project site plans) upon acceptance by the City of final design plans. Mitigation Measure T-2. The project applicant shall pay fair share costs for required intersection and segment improvements to address the project's contribution to identified cumulative intersection and segment level of service and queueing impacts. Required intersection improvements include: • Tank Farm Road/South riiguera Street: Install a second southbound left turn lane. • Tank Farm Road/Santa Fe Road: Install a multi -lane roundabout. • Broad Street/Industrial Way: Convert the east and west approaches from split phasing to permissive phasing and restripe both approaches to provide dedicated left turn lanes and shared through/right turn lanes. • Broad Street/Tank Farm Road: Add a second southbound left turn lane, add a dedicated northbound right tum lane, convert the westbound right tum lane to a shared through/right lane, and establish time -of -day timing plans. Required segment improvements include: • Tank Farm Road from Old Windmill Lane to Santa Fe Road: Roadway widening. T-2 Monitoring Plan. The City shall verify payment of fair share costs upon acceptance by the City of final design plans and in accordance with the timing of improvements. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 17 Utilities and Service Systems I17itiatio€€ Mitigation Measure UT-1. Prior to issuance of grading permits, the applicant shall define and incorporate into the project design an Inflow and Infiltration reduction strategy consistent with the City's Wastewater Infrastructure Renewal Strategy. Prior to issuance of a certificate of occupancy, the developer shall be required to implement, and demonstrate off -site sewer rehabilitation that results in quantifiable inflow and infiltration reduction in the City's wastewater collection system in sub -basin Al, A2, A3, A4, B.2 or B.3 in an amount equal to offset the project's wastewater flow increase. This may be satisfied by one of the following: Sufficient reductions in wastewater flow within sub -basins Al, A2, A3, A4, B.2 or B.3, commensurate with the additional wastewater flow contributed by the project, to be achieved by the verified replacement of compromised private sewer laterals, or public sewer mains, either by the developer, or any property owner located within said basins; or Participation in a sewer lateral replacement program, or similar inflow and infiltration reduction program to be developed by City if program is in place prior to issuance of certificate of occupancy; or any other off -site sewer rehabilitation proposed by the developer and approved by the Utilities Director, which will achieve a reduction in wastewater flow commensurate with the additional wastewater flow contributed by the project. The final selection of the inflow and infiltration reduction project will be approved by the Utilities Director. UT-1 Monitoring Plan. The Community Development Department shall verify compliance prior to issuance of grading permits. Mitigation Measure UT-2. Prior to issuance of grading permits, the applicant shall define and incorporate into the project design water reduction measures consistent with the City's Recycled Water Master Plan. Prior to issuance of a certificate of occupancy, the developer shall be required to implement, and demonstrate water offsets that result in quantifiable water demand reductions in the City's potable water distribution system with an amount equal to offset the project's water flow increase. This may be satisfied by one of the following: Sufficient reductions in potable water demands, commensurate with the additional water demands contributed by the project, to be achieved by verified conversions of existing irrigation system from potable water to recycled water systems located within the City's potable water distribution system; Participation in the construction of new mains for the recycled water transmission system; or construction of any other recycled water main proposed by the developer and approved by the Utilities Director, which will achieve a reduction in potable water demands commensurate with the additional water demands contributed by the project. UT-2 Monitoring Plan. The Community Development Department shall verify compliance prior to issuance of grading permits. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 18 Section 3. Action. The 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 Planning Commission does hereby grant final approval of the architectural review application ARCH-0755-2019 for a mixed -use development project and exception to third -floor setback requirement located at 650 Tank Farm Road, subject to the following conditions: Planning Division — Community Development Department 1. Final project design and construction drawings submitted for a building permit shall be in substantial compliance with the project plans approved by the ARC. A separate, full- size sheet shall be included in working drawings submitted for a building permit that lists all conditions of project approvals listed as sheet number 2. 2. Reference shall be made in the margin of listed items as to where in plans requirements arc 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. 3. 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 with Architectural Review application. 4. The locations of all lighting, including bollard style landscaping or path/parking lighting, shall be included • in plans submitted for a building permit. All wall -mounted lighting fixtures shall be cieariy called out on building elevations included as part of working drawings. Any wall mounted lighting installed above the first floor on the exterior elevations shall be minimal and consider its impact on the surrounding neighborhood. All wall -mounted lighting shall complement building architecture, subject to the approval of the Community Development Director. 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 17.70.100 of the Zoning Regulations. 5. Plans submitted for a building permit shall include window details indicating 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 the windows that reflect the architectural style of the project and are compatible with the neighborhood character, to the approval of the Community Development Director. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 19 6. Plans submitted for a building permit shall include balcony railing details indicating the type of materials, picket details, dimensions and colors. Plans shall demonstrate the use of high -quality materials for the railings that reflect the architectural style of the project and are compatible with the neighborhood character, to the approval of the Community Development Director. 7. Plans submitted for a building permit shall include all trim, awning and trellis details indicating the type of materials, dimensions and colors. Plans shall demonstrate the use of high -quality materials that reflect the architectural style of the project and are compatible with the neighborhood character, to the approval of the Community Development Director. 8. Mechanical and electrical equipment shall be located internally. 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 adequately screen them. A line -of -sight diagram may be required to confirm that proposed screening will be adequate. This condition applies to initial construction and later improvements. 9. A final landscaping plan, including all irrigation details, 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. 10. The applicant shall provide a final landscaping plan that includes the following: a. 24-inch box size replacement trees, b. 36-inch box size replacement trees for focal point trees, c. Olive trees shall be Swan Hill fruitless variety, and d. To the extent feasible trees, along the boundary of Damon Garcia and the eastern edge of the Lazy Acres RV storage area be retained. 11. 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 Utilities Director, the back -flow 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. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 20 12. The location of any required transformer shall be shown on the site plans submitted for a building permit and shall be notched into the building or screened to the satisfaction of the Community Development Director. 13. The project shall comply with conditions outlined in City Council Resolution No. 10980 (2019 Series), including: a. The 13 remaining tenants of the Hidden Hills Mobilodge Mobile Home Park shall be given right of first refusal for the affordable housing units, and should any of these former tenants not be qualified for the affordable housing units, they shall be given right of first refusal for the first available non restricted housing units. b. The applicant shall provide relocation assistance to the thirteen resident tenants who are currently renting mobile homes on the project site, as and to the extent specified in Chapter 5.45, Section 5.45.080.B.4. of the San Luis Obispo Municipal Code, which provides as follows: "The expense of assuming tenancy in comparable housing. Assistance with these expenses shall be available to resident tenants. The amount of such payment shall be based upon consideration of (a) moving costs; (b) first month's rent, last month's rent, and security deposit at the replacement housing; and (c) for lower, very low, and extremely low income residents, the differential between the rental rate at the mobile home park being converted and the replacement housing during the first year of relocation." For the original four resident tenants, such relocation assistance shall be provided to each tenant until the project is complete or units are available within the project, whichever is later, but not to exceed three years from the date of termination of tenancy for each of the four tenants. The Community Development Director shaii determine whether the housing accommodation is "comparable housing" considering such factors as availability, number of bedrooms and bathrooms, condition, location and amenities. 14. The applicant shall provide a revised Site Plan and Floor Plans that provide as many long-term bicycle parking spaces for upper floor units on a ground level location as possible. Ground level long-term bicycle parking shall be located throughout the site, within a reasonable distance to each residential building (other than the townhome buildings), and shall be able to accommodate E-bikes (e.g. charging facilities, racks, etc.) to the satisfaction of the Community Development Director. Floor Plans for ground level units shall clearly demonstrate adequate in -unit space for bicycle storage. 15. Prior to issuance of a building permit, the applicant shall record an agreement, in a form subject to the approval of the City Attorney, ensuring that the project includes 39 deed restricted affordable housing units: 13 very low, 6 low and 20 moderate income households. The affordable housing units shall be of similar size to the market rate units and dispersed throughout the project, unless the units are constructed by a non-profit Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 21 affordable housing organization. The affordable housing units shall be constructed at the same time, or before, the market units are constructed. Engineering Diyi.s_ion — Public WorkslCommunily Development 16. The development project plans shall be consistent with the tentative map and any subsequent conditions of approval related to Vesting Tentative Parcel Map SLO 19- 0109 (SBDV-0261-2020). 17. The public improvements related to this development shall be approved or substantially approved to the satisfaction of the Public Works and Community Development Departments prior to building permit issuance for the development project. 18. 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. 19. The project shall include the installation of 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. 20. A separate improvement plan application, review fee, and inspection fee will be required in accordance with the Engineering fee schedule in effect at the time of plan submittal. The plans and supporting documents shall be in accordance with the codes and standards in effect at the time of application. 21. A separate demolition permit will be required for the removal of the existing non- exempt structures. 22. The building plan submittal shall include a complete topographic survey and/or existing site development plans showing all existing structures, site improvements, utilities, water wells, and trees. The plan shall clarify the limits of the demolitions and improvements to remain. The plan shall show and note the proposed disposition of the several water wells and appurtenances. 23. The building plan submittal shall include a complete tree summary show the diameter and species of all trees. The plan shall clarify the trees to remain and the trees to be removed. Trees to remain may require a tree preservation plan per City Engineering Standards. 24. Invasive plant species shall be removed or eradicated along and within the respective Acacia and Orcutt Creek corridors to the satisfaction of the Planning Division and Natural Resources Manager. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 22 25. Agency permits required for any work within the creek corridors shall be secured prior to commencing with any demolitions, grading, and construction within the jurisdictional areas. 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. Permit conditions shall be reflected on the approved plans and/or development submittal supporting documents. 26. A SWPPP and Waste Discharger Identification Number (WDID) shall be issued and referenced on the grading, erosion control, and stormwater control plan sheets prior to permit issuance. 27. The limits of demolitions, culvert removal, rubble removal, and creek cleaning/restoration in the area of the existing Acacia Creek crossing shall be approved to the satisfaction of the City Biologist and Natural Resources Manager. 28. The limits of improvements within the creek corridors required for the Tank Farm Road widening shall be approved by the Public Works Director in collaboration with the City Biologist and Natural Resources Manager. Additional silt and debris removal may be required within the culverts and at their downstream outlets. 29. The development plans, building plans, and public improvement plans shall show and note compliance with the City's Drainage Design Manual, Floodplain Management Regulations, and Post Construction Stormwater Regulations (PCR's). 30. The project plans and reports shall show that the new structures will be located outside Of the Special Flood Hazard Area (SFHA) or shaii be constructed with finish floors at least 1' above the Base Flood Elevation(s). A Conditional Letter of Map Revision (CLOMR) shall be processed and approved prior to grading or placement of fill within the SFHA. The final Letter of Map Revision (LOMR) shall be processed within 6 months of the completion of grading and shall be finally approved prior to building permit issuance 31. The drainage report and flood zone analysis shall include the limits and depth of flooding along Orcutt Creek where located outside of the FEMA mapped SFHA. 32. This project site shall include the private and public improvements related to this common plan for evaluation of the PCR's. Temporary treatment facilities may be proposed for any minor off -site access roadways. 33. An Operation and Maintenance Manual will be required with the building permit application submittal. A separate Private Stormwater Conveyance Agreement shall be recorded prior to approvals. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 23 34. Unless specifically approved by the Public Works Department all stormwater control measures (SCM's) shall be located on private property and shall be maintained by the property owner, a Property Owner Association, or Homeowner Association, 35. Access controls for the proposed new bridge across Acacia Creek shall be approved to the satisfaction of the Fire Department and shall be in accordance with City Engineering Standards. An offsite easement or license agreement may be required from the property owner at 600 Tank Farm to construct the westerly bridge abutment. 36. Unless a phased construction plan is approved by the Community Development Department, all access roads, required secondary access, fire department access, and any required fire hydrant installations shall be completed prior to commencing with combustible construction. 37. The secondary access roadway and signalized intersection improvements located at the Tank Farm Road -Mind Body intersection shall be completed prior to final inspection approvals and occupancy unless an alternative access is approved to the satisfaction of the Public Works and Community Development Departments. 38. The secondary access road(s) shall comply with City Standards and guidelines, ADA standards, and the California Building Code. 39. The developer shall exhaust reasonable efforts to complete the final design and construction of the off -site secondary access roadway to the ultimate plan to limit the amount of throw away improvements. Phased, partial, or temporary improvements may be considered and shall be approved to the satisfaction of the Public Works and Community Development Departments. Temporary improvements may include water quality treatment BMP's. 40. An offsite easement or license agreement may be required from the property owner at 660 Tank Farm/3985 Broad to construct the secondary access roadway and signalized intersection improvements. 41. Offers of dedication will be require for the Tank Farm Road widening and for the completion of the Tank Farm Road -Mind Body intersection improvements. 42. Street naming of the private streets and site addressing shall be established through the building permit process in accordance with City guidelines. 43. The Tank Farm Road improvements shall conform to any existing built -out improvements or shall provide for a reasonable transition to the existing unimproved sections to the satisfaction of the Public Works Department. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 24 44. With respect to any off -site improvements, prior to the approval of the development improvement plans or the filing of the Parcel Map, the developer/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 reportt including chain of title and litigation }guarantee; 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. 45. The development 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. 46. The parking and site development shall show and note compliance with the City's Parking and Driveway Standards, Community Design Guidelines, and the AASP. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 25 47. Mailbox unit (MBU's) shall be provided on -site to the satisfaction of the Postal Service and the City Planning Division. The number and location shall consider access, convenience, and circulation requirements. 48. Private site lighting shall be provided per City Engineering Standards. Unless otherwise waived or approved for deferral by the City, the secondary access roadway/bikeway to the signal at Tank Farm Road shall include street/pathway lighting per City Engineering Standards and the City's Bike Plan. 49. The development/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. 50. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall be served to each proposed lot to the satisfaction of the Public Works Department and serving utility companies. All public and private sewer mains shall be shown on the development/improvement plans and shall be constructed per the City's adopted codes and 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. 51. All new wire utilities shall be placed underground. The underground placement shall be completed without a net increase in utility poles located within the public right-of- way unless specifically approved to the satisfaction of the Public Works and Community Development Departments. 52. 37.The existing overhead wire services and service poles that are located on this parcel shall be removed or services placed underground within the limits and standards of the supplying utility companies. 53. 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 Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 26 available from the City's Utilities Department for the use of recycled water. Recycled water is readily available near the intersection of Tank Farm Road and Orcutt Road. Transportation Division _ Public Works Department 54. Transportation Impact Fees. Prior to issuance of building permits, 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. 55. Transportation Fair Share Mitigation Fees. Prior to issuance of building permits, the project shall contribute fair share mitigation fees towards the following future transportation improvements: a. Broad Street/Tank Farm Road intersection: Restripe the intersection to provide a second southbound left -turn lane, add a dedicated northbound right -turn lane, convert the westbound right -turn lane to a shared through/right lane, and establish time of day signal timing plans (satisfied through payment of Citywide Transportation Impact Fees) b. S. Higuera Street/Tank Farm Road intersection: Install a second southbound left -turn lane and westbound bike box (satisfied through payment of Citywide Transportation Impact Fees) c. Tank Farm Road/Santa Fe Road intersection: Install a multi -lane roundabout (satisfied through payment of Citywide Transportation Impact Fees) d. Tank Farm Road: Widen roadway between Old Windmill Lane and Santa Fe Road consistent with the ultimate roadway section identified in the Airport Area Specific Plan, including four travel lanes, a center median/tum lane, bike lanes, a landscaped parkway, and off-street Class I multiuse paths (satisfied through payment of Citywide Transportation Impact Fees) e. Broad Street/Industrial Way, intersection: Convert the east and west approaches from split signal phasing to permissive signal phasing and restripe both approaches to provide dedicated left -turn lanes and shared through/right-turn lanes. 56. Site Access. Prior to issuance of occupancy permits, vehicular access to the project site shall be provided via two points: limited access via a single right-in/right-out driveway with a dedicated westbound right -turn pocket along Tank Farm Road, and full access via a new northbound leg of the signalized Tank Farm Road/Mindbody intersection. 57. Tank Farm/Mindbody Intersection. To accommodate access at the Tank Farm/Mindbody intersection, various intersection improvements and traffic signal modifications shall be completed to the satisfaction of the Public Works Director. Required traffic signal improvements at the Tank Farm/Mind Body 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 Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 27 Caltrans and City of San Luis Obispo Standard Specifications. Intersection improvements include installation of a dedicated eastbound left turn pocket (with concrete median), a westbound right -turn pocket, ADA curb ramps on the 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. 58. If the Tank Farm/Mindbody intersection and traffic signal improvements and new north -south access road within the 660 Tank Farm site are constructed by others prior to development of the 650 Tank Farm project, the project 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. 59. Tank Farm Road Frontage Improvements. Prior to issuance of occupancy permits, the project shall reconstruct the Tank Farm Road site frontage to current City Engineering Standards. Frontage improvements shall include widening 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. Roadway widening at the western boundary of the site frontage shall be designed to accommodate geometric transitions to a future roundabout planned at the Tank Farm/Santa Fe intersection. Depending on timing of related frontage improvements with development of the adjacent properties at 650 Tank Farm Road and 600 Tank Farm Road, interim roadway striping and geometric transitions may be approved to the satisfaction of the Public Works Director. 60. If the new north -south access road within the 660 Tank Farm site is required to be constructed first as part of the 650 Tank Farm project, the roadway must be constructed in a permanent manner (i.e. concrete curb & gutter, width for turn pockets, ADA curb ramps, final pavement section, etc.) within the functional area of the Tank Farm/Mindbody intersection. An ADA-compliant pedestrian connection shall be provided along this access road to connect the Tank Farm Road sidewalk to the 650 Tank Farm on -site pedestrian system. 61. All on -site parking located along the site access driveway from Tank Farm Road shall be set back a minimum of 40 feet from Tank Farm Road, measured from the back of sidewalk. 62. On -site circulation roadways shall be designed to accommodate access for City fire trucks and trash collection vehicles. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 28 63. All landscaping, entry signage/monuments or other vertical features exceeding 36 inches in height shall be located clear of applicable sight distance triangles at site access driveways/intersections per City Engineering Standards. 64. On -site paths intended for bicycle use shall be designed per City Engineering Standards. 65. Unless otherwise approved by the Public Works Department, short-term bicycle parking shall consist of "peak" style racks and be located as close to building entrances as practicable. 66. Plans submitted for a building permit shall clearly depict the bicycle rack proposed, location and dimensions of all short and long-term bicycle parking. Sufficient detail shall be provided about the placement and design of bike racks and bicycle rooms to demonstrate compliance with relevant Engineering Standards and Community Design Guidelines, to the satisfaction of the Public Works and Community Development Directors. Utilities De partment 67. 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 along public roads. 68. Due to shallow groundwater in this area, heat fused HDPE sewer lateral(s) shall be installed per the engineering design standards and connected into the existing sewer main. 69. 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 to wash floor mats, equipment, and trash cans. The wash area shall be drained to the sanitary sewer, and an environmental compliance permit shall be filed prior to issuance of occupancy permit. 70. The project's commercial and residential uses shall be metered separately. All residential units are to be individually metered with a private meter after the City's master public service meter per MC 16.20.020. Privately owned sub -meters may be provided for residential apartments upon approval of the Utilities Director. The CCR's for the property/homeowner association shall require that the sub -meters be read by the association (or P/HOA contracted service) and each billed according to water use. 71. Building permit submittal shall clarify size of existing and proposed water services and water meters for the project. Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 29 72. Water service meter(s) shall be adequately sized to serve the project's proposed units. Residential units shall be separately metered from the non-residential/commercial units, and service lines shall not cross parcel boundaries per MC 13.04.120 73. The project shall extend the existing 12" public water main within Tank Farm Road approximately 200 feet to the western property boundary with 12" pipe. 74. The project shall install an 8" recycled water main within Tank Farm Road approximately 575 feet along the southern property line boundary for future connection to Broad Street. 75. Recycled water shall be used for major construction activities, such as grading and dust control as required under Prohibited Water Uses; Chapter 17.07.070.0 of the City's Municipal Code. Recycled water is available through the City's Construction Water Permit program. 76. Projects having landscape areas greater than 500 square feet shall provide a Maximum Applied Water Allowance calculation. 77. 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. 78. 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. 79. The project will be required to provide a plan for the disposal, storage, and collection of solid waste material for both the residential and commercial components of the project prior to issuance of building permits. The development of the plan shall be coordinated with San Luis Garbage Company. The plan must be submitted for approval by the City's Solid Waste Coordinator. 80. Trash enclosure(s) shall conform the requirements by the San Luis Garbage Company and refuse bins shall be sized to provide a reasonable level of service. Separate refuse bins shall be accommodated within the site for the three (3) waste streams, trash, recycling, and organics. 81. Driveways and access routes to all refuse receptacles shall be designed to accommodate the size and weight of the garbage trucks; a written confirmation from the San Luis Garbage Company shall be included in the building permit plans for the proposed project. Indemnification Planning Commission Resolution No. PC-1023-2020 ARCH-0755-2019 (650 Tank Farm Road) Page 30 82. 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 City shall fully cooperate in the defense against an Indemnified Claim. On motion by Commissioner Khan, seconded by Commissioner Shoresman, and on the following roll call vote: AYES: Commissioners Kahn, Shoresman, Hopkins, Vice -Chair Jorgensen, and Chair Dandekar NOES: None REFRAIN: None ABSENT: Commissioners Quincey and Wulkan The foregoing resolution was passed and adopted this day of October 14, 2020. Tyler Corey, ary Planning Cam ion