HomeMy WebLinkAboutItem 13 - COUNCIL READING FILE_c_ Resolution No. 10046 (2008 Series)RESOLUTION NO . 10046 (2008 Series )
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTA L
IMPACT AND TENTATIVE TRACT MAP TO CREATE 23 COMMERCIAL LOT S
LOCATED AT 143, 151 &163 SUBURBAN ROAD (TR/ER 74-07 )
WHEREAS,the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo ,
California, on October 22, 2008, and recommended approval of Application TR/ER 74-07,a
request to create 23 commercial lots with exceptions ; and
WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearin g
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, o n
December 2, 2008, for the purpose of considering Application TR/ER 74-07 ; and
WHEREAS,the City Council has reviewed and considered the Mitigated Negativ e
Declaration of environmental impact for the project, as prepared by staff and reviewed by th e
Planning Commission ; an d
WHEREAS,the Council has duly considered all evidence, including the recommendation o f
the Planning Commission, testimony of interested parties, and the evaluation an d
recommendations by staff, presented at said hearing ; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 .Findings .
Based upon all the evidence, the Council makes th e
following findings :
1.The design of the tentative tract map is consistent with the General Plan because th e
proposed parcel configuration is consistent with the building intensity anticipated by th e
Land Use Element, will not increase traffic in residential areas and does not chang e
allowable land uses .
2.The site is physically suited for the proposed type and density of development becaus e
143 & 151 Suburban are already developed with several large commercial buildings, parkin g
and landscaping, and 163 Suburban is a vacant commercial site located adjacent to a n
existing street right-of-way with complete City services .
3.The design of the tentative tract map is not likely to cause serious health problems ,
substantial environmental damage or substantially and unavoidable injure fish or wildlife o r
their habitat because the site does not have any creeks or other potentially significant habita t
areas for fish and wildlife, is surrounded by urban development and has already bee n
developed with several large commercial buildings, parking and landscaping .
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Resolution No . 10046 (2008 Series )
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4.The design of the subdivision will not conflict with easements for access through (or us e
of property within) the proposed subdivision since all adjacent properties are accesse d
independently and the resulting parcels will have separate street frontage and access fro m
Suburban Road and Earthwood Lane .
5.The property to be divided is of such size or shape, or is affected by such topographi c
conditions, that it is impossible, impractical or undesirable, in the particular case, to confor m
to the strict application of the regulations codified in the Subdivision Ordinance because th e
vacant portion of the site adjacent to Suburban Road has an irregular (narrow) shape tha t
constrains the ability to provide for a standard street section and conforming lot depths .
6.The cost to the subdivider of strict or literal compliance with the regulations is not th e
sole reason for granting the modification because other findings are made to support approva l
and the exceptions are minor in nature and constitute only 2 out of 23 lots .
7.The modification will not be detrimental to the public health, safety and welfare, or b e
injurious to other properties in the vicinity since the exceptions will allow for a complet e
standard street section that will provide for adequate emergency vehicle access .
8.Granting the modification is in accord with the intent and purposes of these regulations ,
and is consistent with the general plan and with all applicable specific plans or other plans o f
the City, because the exceptions will facilitate the construction of a complete standard stree t
section consistent with the AASP and does not grant special privileges or modify allowabl e
land uses within the existing M-SP zoning district .
9.A Mitigated Negative Declaration was prepared by the Community Developmen t
Department on September 15, 2008 . As recommended by the Planning Commission, th e
City Council finds and determines that the project's Mitigated Negative Declaratio n
adequately addresses the potential significant environmental impacts of the proposed project .
SECTION 2 .Environmental Determination .The City Council finds and determines that
the project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project, and reflects the independent judgment of the Cit y
Council . The Council hereby adopts said Mitigated Negative Declaration and incorporates th e
following mitigation measures and monitoring programs into the project :
Air Quality
1 . The project site is located in a candidate area for Naturally Occurring Asbestos (NOA),
which has been identified as a toxic air contaminant by the California Air Resources Boar d
(ARB). Under the ARB Air Toxic Control Measure (ATCM) for Construction, Grading ,
Quarrying, and Surface Mining Operations, prior to any grading activities at the site, th e
project proponent shall ensure that a geologic evaluation is conducted to determine if NOA i s
present within the area that will be disturbed . If NOA is not present, an exemption request
Resolution No . 10046 (2008 Series )
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must be filed with APCD . If NOA is found at the site the applicant must comply with al l
requirements outlined in the Asbestos ATCM .
2 . Construction activities can generate fugitive dust, which could be a nuisance to loca l
residents and businesses in close proximity to the proposed construction site . The following
mitigation measures will adequately control dust and minimize potential violations for th e
project . All of these fugitive dust (PM10) mitigation measures must be included on gradin g
and building plans . In addition, the contractor or builder shall designate a person or person s
to monitor the dust control program and to order increased watering, as necessary, to preven t
transport of dust off site . Their duties shall include holidays and weekend periods whe n
work may not be in progress . The name and telephone of such persons shall be provided t o
the APCD prior to land use clearance for map recordation and grading .
(A)Reduce the amount of the disturbed area where possible .
(B)Use water truck or sprinkler systems in sufficient quantities to prevent airborne dus t
from leaving the site . Increased watering frequency whenever wind speeds exceed 1 5
mph . Reclaimed (non-potable) water shall be used whenever possible .
(C)All dirt stock-pile areas should be sprayed daily as needed .
(D)Permanent dust control measures identified in the approved project revegetation an d
landscape plans shall be implemented as soon as possible following completion o f
any soil disturbing activities .
(E)All disturbed soil areas not subject to revegetation shall be stabilized using approve d
chemical soil binders, jute netting, or other methods approved in advance by th e
APCD .
(F)Vehicle speed for all vehicles shall not exceed 15 mph on any unpaved surface at th e
site .
(G)All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shoul d
maintain at least two feet of freeboard (minimum vertical distance between top o f
load and top of trailer) in accordance with CVC section 23114 .
(H)Exposed ground areas that are planned to be reworked at dates greater than one mont h
after initial grading should be sown with a fast-germinating native grass seed and
watered until vegetation is established .
(I)Plant shade trees along southern exposures of buildings to reduce summer coolin g
needs as well as planting trees on both sides of the roads to reduce the reflectiv e
radiating heat of asphalt roads .
(J)Install wheel washers where vehicles enter and exit unpaved roads onto streets, o r
wash off trucks and equipment leaving the site .
(K)Sweep streets at the end of each day if visible soil material is carried onto adjacen t
paved roads . Water sweepers with reclaimed water should be used where feasible .
3 . The standard construction equipment mitigation measures for reducing nitrogen oxid e
(NOx) emissions are listed below and in section 6 .3 .1 of the Air Quality Handbook . Thes e
measures are applicable to all projects where construction equipment will be used .
Resolution No . 10046 (2008 Series )
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(A)Maintain all construction equipment in proper tune according to manufacturer's
specifications .
(B)Fuel all off-road and portable diesel powered equipment with ARB certified moto r
vehicle diesel fuel (non-taxed version suitable for use off-road).
(C)Maximize to the extent feasible, the use of diesel construction equipment meetin g
ARB's 1996 and newer certification standard for off-road heavy-duty diesel engines .
(D)Maximize to the extent feasible, the use of on-road heavy-duty equipment and truck s
that meet the ARB's 1998 or newer certification standard for on-road heavy-dut y
diesel engines .
(E)All on and off-road diesel equipment shall not be allowed to idle for more than 5
minutes . Signs shall be posted in the designated queuing areas and/or job sites t o
remind drivers and operators of the 5 minute idling limit .
4 . Develop a comprehensive Construction Activity Management Plan for the futur e
development of the individual lots (not the roadway and other public improvements )
designed to minimize the amount of large construction equipment operating during any give n
time period . The plan shall be submitted to the APCD for review and approval prior to th e
start of construction . The plan shall include, but not be limited to, the following elements :
(A)Schedule construction truck trips during non-peak hours to reduce peak hou r
emissions .
(B)Limit the length of the construction work-day period, if necessary .
(C)Phase construction activities, if appropriate .
5 . APCD has determined the operational impacts of the project through the use o f
URBEMIS2007 computer model, a tool for estimating vehicle travel, fuel use and th e
resulting emissions related to this project's land uses . The results of the model usin g
conservative County average trip distances demonstrated that the operational impacts wil l
likely exceed APCD's CEQA Tier I significant threshold value of 10 lbs/day for NOx ,
reactive organic gases (ROG) and PM10 . As a result of this estimated threshold exceedence ,
this project must implement all applicable Standard Mitigation Measures and at least 1 0
Discretionary Mitigation Measures listed below .
Standard Mitigation Measures (All Required )
(A)Provide on-site bicycle parking at a rate of one bicycle parking space for every 10 ca r
parking spaces .
(B)Provide on-site eating, refrigeration and food vending facilities to reduce employe e
lunchtime trips .
(C)Provide preferential carpool and vanpool parking spaces .
(D)Provide shower and locker facilities to encourage employees to bike and/or walk t o
work, typically one shower and three lockers for every 25 employees .
(E)Increase the building energy efficiency rating by 10% above what is required by Titl e
24 requirements . This can be accomplished in a number of ways (increasing attic,
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Page 5
wall, or floor insulation, installing double pane windows, using efficient interio r
lighting, etc .).
Discretionary Mitigation Measures (At Least 10 Required )
(A)Provide on-site bicycle parking at a rate of one bicycle parking space for every 10 ca r
parking spaces .
(B)Increase street shade tree planting .
(C)Increase shade tree planting in parking lots to reduce evaporative emissions fro m
parked vehicles .
(D)Provide on-site banking (ATM) and postal services .
(E)Provide on-site child care facilities for employees .
(F)Provide on-site housing for employees .
(G)Implement on-site circulation design elements in parking lots to reduce vehicl e
queuing and improve the pedestrian environment with designated walkways .
(H)Provide pedestrian signalization and signage to improve pedestrian safety .
(I)If the project is located on an established transit route, improve public transi t
accessibility by providing a transit turnout with direct pedestrian access to the projec t
or improve existing transit stop amenities .
(J)Provide incentives to employees to carpool/vanpool, take public transportation ,
telecommute, walk, bike, etc by implementing the Transportation Choices Program .
The applicant should Contact SLO Regional Rideshare at 541-2277 to receive fre e
consulting services on how to start and maintain a program .
(K)Provide Transportation Choices Program information centers on alternativ e
transportation modes at the site (i .e . a transportation kiosk). Contact SLO Regiona l
Rideshare for appropriate materials at 541-2277 .
(L)Install an electric vehicle charging station with both conductive and inductiv e
charging capabilities .
(M)Employ or appoint an Employee Transportation Coordinator .
(N) Implement an City approved Trip Reduction Program .
(0) Provide for shuttle/mini bus service .
(P)Increase the quality of existing bicycle routes/lanes or add bicycle routes/lanes whic h
access the project .
(Q)Implement compressed work schedules .
(R)Implement a telecommuting program .
(S)Implement a lunch-time shuttle to reduce single occupant vehicle trips .
(T)Participate in an employee "flash pass" program, which provides free travel on transi t
buses .
(U)Include teleconferencing capabilities, such as web cams or satellite linkage, whic h
will allow employees to attend meetings remotely without requiring them to travel ou t
of the area.
(V)If the development is a large grocery store or large retail facility, provide hom e
delivery service for customers .
Resolution No . 10046 (2008 Series )
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(W)Shade tree planting along southern exposures of buildings to reduce summer coolin g
needs .
(X)Use roof material with a solar reflectance value meeting the EPA/DOE Energy Star®
rating to reduce summer cooling needs .
(Y)Use built-in energy efficient appliances, where applicable .
(Z)Use double-paned windows .
(AA)Use low energy parking lot and street lights (e .g . sodium).
(BB)Use energy efficient interior lighting .
(CC)Use low energy traffic signals (e .g . light emitting diode).
(DD)Install door sweeps or weather stripping if more energy efficient doors and window s
are not available .
(EE)Install high efficiency or gas space heating .
(FF)Replace diesel fleet vehicles with cleaner fueled low emission vehicles (e .g . school
buses, transit buses, on and off road heavy duty vehicles, lighter duty trucks an d
passenger vehicles).
(GG)Retrofit existing equipment to reduce emissions through methods such as catalyze d
diesel particulate filters, diesel oxidation catalysts, or other approved technologies .
â Monitoring Program : Construction phase air quality mitigation measures are monitored
by the Air Pollution Control District (APCD), through a complaint based enforcemen t
system . Plans submitted for a building or grading permit must be accompanied with al l
required APCD approvals and show compliance with the requirements listed above . The
City Building Inspector and Public Works Inspector for the project are instructed t o
contact APCD in the event of a probable violation . Members of the public can also cal l
APCD if they are concerned about dust or other emissions from a construction site .
Geology and Soil s
6.Building plans and specifications for common tract improvements shall incorporate al l
recommendations included in the Soils Engineering Report prepared by Earth System s
Pacific dated May 8, 2007, subject to the approval of the Chief Building Official .
7.Soils engineering reports shall be submitted with each building permit application fo r
individual lot development, subject to the approval of the Chief Building Official .
â Monitoring Program : Project plans submitted for building permits will be reviewed fo r
compliance with these requirements by Community Development Department staff.
SECTION 3 .Action .The Council does hereby approve Application TR/ER 74-07 wit h
incorporation of the following conditions and code requirements into the project :
Conditions :
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Page 7
1.The use of well water for irrigation purposes from the existing well on Lot 1 to serve Lots 2 2
and 23 is not allowed per City policy . Policy 1 .15 .1 in the Water and Wastewater Element o f
the General Plan contains provisions that may allow a single well on either Lot 22 or Lot 2 3
to serve the irrigation needs of both lots, subject to approval by the Utilities Director .
2.Pursuant to Government Code Section 66474 .9(b), the subdivider shall defend, indemnif y
and hold harmless the City and/or its agents, officers and employees from any claim, actio n
or proceeding against the City and/or its agents, officers or employees to attack, set aside ,
void or annul, the approval by the City of this subdivision, and all actions relating thereto ,
including but not limited to environmental review .
3.The proposed project shall comply with post-development stormwater treatment i n
accordance with City Standard IOIOB . Include complete details, detail references and pla n
notes for the proposed BMPs and improvements necessary to provide reasonable stormwate r
treatment . Revise the site plan, civil plans, utility plans, and landscape plans to recognize al l
proposed treatment measures . The plans may include but are not limited to infiltration ,
detention and settling, biofiltration, filtration, and flow-through separation .
4.The new draft Water Quality Board State Construction Permit requires dischargers t o
replicate the pre-project runoff water balance (for this permit, defined as the amount o f
rainfall that ends up as runoff) for the smallest storms up to the 85 th percentile storm even t
(or the smallest storm event that generates runoff, whichever is larger). Depending upon th e
time of application to record the parcel map and/or timing to complete the construction o f
public improvements, the project may be subject to the new Board regulations .
5.A separate covenant agreement to install the ultimate street improvements upon th e
continuation of the street shall be recorded in conjunction with the recordation of the map .
The public improvement plans shall include any additional detailing required to complete
said future improvements .
Code Requirements :
1.Any building permits issued for work required to satisfy the conditions of the subdivisio n
shall receive final inspection approvals or shall have substantially completed all work to th e
satisfaction of the Building Official prior to recordation of the map .
2.The area of the hammerhead fire apparatus turn-around on Earthwood shall be posted "N o
Parking Fire Lane".
3.A complete subdivision improvement plan, prepared by a registered civil engineer, shall b e
submitted to the Public Works Department for review and approval . All grades, layout ,
staking and cut-sheets necessary for the construction of street paving and frontag e
improvements shall be the responsibility of the developer . The subdivision improvement
plan shall include all public and private subdivision improvements in accordance with the
Resolution No . 10046 (2008 Series )
Page 8
tentative map, conditions of approval, the Subdivision Map Act, City Subdivisio n
Regulations, Airport Area Specific Plan and all local codes and ordinances .
4.New wire utilities outside the subdivision boundaries, but necessary to provide service to th e
subdivision shall be completed with no net increase in the number of utility poles unles s
otherwise approved by the Public Works Department .
5.Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall b e
served to each parcel to the satisfaction of the Public Works Director and serving utilit y
companies . Utilities to new or existing structures shall be underground unless otherwis e
excepted by City ordinance .
6.Street lighting and all associated facilities including conduits, sidewalk vaults, fusing, wiring ,
and luminaries shall be provided on the westerly side of the proposed driveway approach pe r
City Standards . The light shall be spaced to honor the existing street light locations and t o
provide reasonable separation between the existing lights . Off-site street lightin g
improvements, alterations, or upgrades may be required along roadways leading to and fro m
the proposed development to complete the necessary public improvements .
7.The existing driveway approaches located along the frontage of proposed Parcel 23 and
serving the existing development shall be upgraded or replaced to comply with current Cit y
and ADA standards . Current standards require a minimum 4' level sidewalk extension
behind the driveway approach .
8.A public pedestrian easement shall be recorded with the map if adequate right-of-way doe s
not exist for any proposed ADA sidewalk extension that will occur on private property an d
outside of the existing public right-of-way .
9.The subdivider shall dedicate a 15' wide public utility easement and a 10' wide street tre e
easement across the frontage of each parcel . These easements shall be adjacent to an d
contiguous with all public right-of-way lines bordering each parcel .
10.A private sewer mainline may be proposed in lieu of separate sewer laterals for each unit . I f
proposed or required by the Utilities Director, the on-site sewer main shall be privatel y
owned and maintained by the Homeowner's Association .
11.A maintenance agreement for any private utilities, paving, landscape improvements, stor m
drain systems, detention basins, and any other common improvements must be recorded prio r
to or concurrent with the recordation of the map .
12.The public improvement plan submittal shall include an erosion control plan and erosio n
control notes in accordance with the Waterways Management Plan Drainage Design Manua l
and to the satisfaction of the Building Official and Public Works Director .
Resolution No . 10046 (2008 Series )
Page 9
13.EPA Requirement :General Construction Activity Storm Water Permits are required for al l
stormwater discharges associated with a construction activity where clearing, grading an d
excavation results in land disturbance of one or more acres . Stormwater discharges of les s
than one acre, but which are part of a larger common plan of development or sale, als o
require a permit . Permits are required until the construction is complete . To be covered by a
General Construction Activity Permit, the owners of land where construction activity occur s
must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the Stat e
Water Resources Control Board (SWRCB).
14.A copy of the Stormwater Pollution Prevention Plan (SWPPP) required by the SWRCB shal l
be included as part of the building and/or grading permit plan submittal . The WDID Number
issued by the Board shall be noted on all plans that involve regulated land disturbin g
activities .
15.The proposed street trees and any parkway landscaping shall be installed and maintained b y
the Property Owner Association or shall otherwise be covered by a maintenance agreemen t
to be recorded prior to or concurrent with the recordation of the map . The maintenanc e
agreement shall include watering of the trees and common area landscape, at least during th e
establishment period and/or until responsibility may be reasonably transferred to th e
adjoining property owner(s).
16.Tree protection measures must be implemented to the satisfaction of the City Arborist . Th e
City Arborist shall review and approve the proposed tree protection measures prior to an y
demolition, grading, or construction . The City Arborist must approve any safety pruning, th e
cutting of substantial roots, or grading within the dripline of trees . A City-approved arborist
must complete safety pruning . Any required tree protection measures shall be noted on th e
public improvement plans . Contact the City Arborist at 781-7023 to review and to establis h
preservation measures to be included with the public improvement plan submittal .
Upon motion of Vice Mayor Settle, seconded by Council Member Marx, and on th e
following roll vote :
AYES :
Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle an d
Mayor Romero
NOES :
Non e
ABSENT :
None
Resolution No . 10046 (2008 Series)
Page 1 0
The foregoing resolution was adopted this 2nd day of December 2008 .
Mayor David F . Romero
ATTEST :
APPROVED AS TO FORM :
Jo
P . Lowel l
City Attorney