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HomeMy WebLinkAboutPC-1032-21 (ARCH-0430-2019 and EID-0055-2020 -- 862 Aerovista Pl.)RESOLUTION NO. PC-1032-21 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION APPROVING THE DEVELOPMENT OF A NEW TWO-STORY OFFICE DEVELOPMENT CONSISTING OF 35,908 SQUARE FEET OF OFFICE SPACE AND ASSOCIATED SITE IMPROVEMENTS INCLUDING PARKING LOTS, SITE ACCESS UPGRADES, LANDSCAPING UPGRADES, AND MINOR IMPROVEMENTS TO THE UNNAMED DRAINAGE TRIBUTARY THAT DAYLIGHTS ALONG THE NORTH AND WEST PROPERTY LINES. THE PROJECT INCLUDES A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (CEQA); AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED FEBRUARY 10, 2021(862 AEROVISTA, ARCH- 0430-2019 & EID-0055-2020) WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on November 4, 2019, recommending approval of the project to the Planning Commission based on consistency with the Community Design Guidelines and Airport Area Specific Plan (AASP) Design Guidelines, pursuant to a proceeding instituted under ARCH-0430- 2018, Quaglino Properties, LLC, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo meeting was conducted via teleconference on February 10, 2021, pursuant to a proceeding instituted under ARCH-0430-2019 & EID-0055-2020, Quaglino Properties, LLC, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations by staff, presented at said hearing; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Planning Commission hereby grants final approval to the project (ARCH-0430-2019), based on the following findings: 1. The project will not be detrimental to the health, safety, or welfare of those working or residing in the vicinity since the proposed project is consistent with the site's Business Park Zoning designation, and will be subject to conformance with all applicable building, fire, and safety codes. 2. The proposed use conforms to the General Plan, Airport Area Specific Plan (AASP), Airport Land Use Plan, and meets Zoning Regulations requirements for the Business Park Resolution No. PC-1032-21 862 Aerovista Ave, ARCH-0430-2019 & EID-0055-2020 Page 2 Zone. 3. As conditioned, the project design maintains consistency with the City's Community Design Guidelines and Chapter 5 (Community Design) of the AASP through its placement of buildings, parking, and pedestrian amenities that are compatible with the design and scale of neighboring structures, and by providing significant articulation, varied structure heights/roof heights, and framed entries in project buildings. SECTION 2. Environmental Review. An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared in accordance with the California Environmental Quality Act (CEQA) to evaluate the potential environmental effects of the proposed project. The Planning Commission hereby adopts the IS/MND, based on incorporation of the following findings and mitigation measures, which will reduce potential environmental impacts to less than significant. 1. The IS/MND was prepared in accordance with CEQA and State CEQA Guidelines, adequately addressing impacts associated with the proposed project; and 2. All potentially significant effects were analyzed adequately in the referenced IS/MND, subject to the following mitigation measures and mitigation monitoring program being incorporated into the project: AIR QUALITY AQ-1 During all construction activities and use of diesel vehicles, the applicant shall implement the following idling control techniques: 1. Idling Restrictions Near Sensitive Receptors for Both On- and Off -Road Equipment. a. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors if feasible; b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; c. Use of alternative fueled equipment shall be used whenever possible; and, d. Signs that specify the no idling requirements shall be posted and enforced at the construction site. 2. California Diesel Idling Regulations. On -road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations. This regulation limits idling from diesel -fueled commercial motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on highways. It applies to California and non -California based vehicles. In general, the regulation specifies that drivers of said vehicles: a. Shall not idle the vehicle's primary diesel engine for greater than 5 minutes at any location, except as noted in Subsection (d) of the regulation; and, b. Shall not operate a diesel -fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any Resolution No. PC-1032-21 862 Aerovista Ave, ARCH-0430-2019 & EID-0055-2020 Page 3 location when within 1,000 feet of a restricted area, except as noted in Subsection (d) of the regulation. Signs must be posted in the designated queuing areas and job sites to remind drivers of the 5-minute idling limit. The specific requirements and exceptions in the regulation can be reviewed at the following website: www.arb.ca.jzov/mWrog/tr,uck-idlinW2485.pdf. AQ-2 During all construction and ground -disturbing activities, the applicant shall implement the following particulate matter control measures and detail each measure on the project grading and building plans: a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site and from exceeding Air Pollution Control District's (APCD's) limit of 20% opacity for no greater than 3 minutes in any 60-minute period. Increased watering frequency shall be required whenever wind speeds exceed 15 miles per hour (mph) and cessation of grading activities during periods of winds over 25 mph. Reclaimed (non -potable) water is to be used in all construction and dust -control work. c. All dirt stockpile areas (if any) shall be sprayed daily and covered with tarps or other dust barriers as needed. d. Permanent dust control measures identified in the approved project revegetation and landscape plans shall be implemented as soon as possible, following completion of any soil disturbing activities. e. Exposed grounds that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast germinating, non-invasive, grass seed and watered until vegetation is established. f. All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical binders, jute netting, or other methods approved in advance by the APCD. g. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, building pads shall be laid as soon as possible after grading unless seeding or soil binders or soil binders are used. h. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any unpaved surface at the construction site. i. All trucks hauling dirt, sand, soil, or other loose materials, are to be covered or shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. k. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre - wetted prior to sweeping when feasible. 1. All PMio mitigation measures required shall be shown on grading and building plans. in. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below the APCD's limit of 20% opacity for no greater than 3 minutes in any 60 minute period. Their duties shall include Resolution No. PC-1032-21 862 Aerovista Ave, ARCH-0430-2019 & EID-0055-2020 Page 4 holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. AQ-3 Prior to initiation of demolition/construction activities, the applicant shall retain a registered geologist to conduct a geologic evaluation of the property including sampling and testing for naturally occurring asbestos in full compliance with California Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations (93105) and SLOAPCD requirements. This geologic evaluation shall be submitted to the City Community Development Department upon completion. If the geologic evaluation determines that the project would not have the potential to disturb naturally occurring asbestos (NOA), the applicant must file an Asbestos ATCM exemption request with the SLOAPCD. AQ-4 If naturally occurring asbestos (NOA) are determined to be present onsite, proposed earthwork and construction activities shall be conducted in full compliance with the various regulatory jurisdictions regarding NOA, including the CARB Asbestos Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations (93105) and requirements stipulated in the National Emission Standards for Hazardous Air Pollutants (40 CFR 61, Subpart M — Asbestos; NESHAP). These requirements include, but are not limited to, the following: 1. Written notification, within at least 10 business days of activities commencing, to the SLOAPCD; 2. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and, 3. Implementation of applicable removal and disposal protocol and requirements for identified NOA. AQ-5 Portable equipment and engines 50 horsepower (hp) or greater require California statewide portable equipment registration (issued by the Air Resources Board) or an Air District Permit. The following list is provided as a guide to equipment and operations that may have permitting requirements, but should not be viewed as exclusive: • Power screens, conveyors, diesel engines, and/or crushers; • Portable generators and equipment with engines that are 50 hp or greater; • Internal combustion engines; • Unconfined abrasive blasting operations; • Concrete batch plants; • Rock and pavement crushing; • Tub grinders; and, • Trommel screens. AQ-6 The standard mitigation measures and Best Available Control Technology (BACT) for reducing nitrogen oxides (NOx), reactive organic gases (ROG), and diesel particulate matter (DPM) emissions from construction equipment are listed below: Resolution No. PC-1032-21 862 Aerovista Ave, ARCH-0430-2019 & EID-0055-2020 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 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 (CNG), liquefied natural gas (LNG), propane, or biodiesel; and • Further reduce emissions by expanding use of Tier 3 and Tier 4 off -road and 2010 on - road compliant engines; • Repower equipment with the cleanest engines available; and • Install California Verified Diesel Emission Control Strategies. Monitoring Program (AQ-1 through AQ-6): Measures AQ-1 through AQ-6 shall be incorporated into project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified by the City during regular inspections, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. The applicant shall submit the geologic evaluation detailed in measure AQ-3 to the City Community Development Department upon completion. BIOLOGICAL RESOURCES BIO-1 Within 48 hours prior to any project activity, including clearing, grubbing, and grading, the project site shall be surveyed for California red -legged frog by a qualified biologist. If any California red -legged frogs are found, work shall not start until the U.S. Fish and Wildlife Service has been contacted and has given approval for work to continue. In addition, the California Department of Fish and Wildlife shall also be contacted within 24 hours. Resolution No. PC-1032-21 862 Aerovista Ave, ARCH-0430-2019 & EID-0055-2020 Page 6 BI0-2 To avoid the potential for take of California red -legged frog, construction activities shall be avoided during significant rain events of 0.25 inches or greater, and no night work shall be permitted. BI0-3 Prior to construction, the project applicant shall obtain a Section 404 Permit from the United States Army Corps of Engineers, a Section 401 Water Quality Certification from the Regional Water Quality Control Board, and a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife for project -related impacts that will occur in areas under state and federal jurisdiction. Proof of all required permits shall be provided to the City Community Development Department prior to issuance of building permits. BI04 Prior to construction, the project applicant shall prepare a Compensatory Mitigation Plan to effectively offset proposed net impacts to 0.29 acre of jurisdictional waters. Mitigation requirements shall, at minimum, include total mitigation consistent with the Supplemental Information for the Proposed Aerovista Commercial Development Project located at 862 Aerovista Place, San Luis Obispo, California prepared by Terra Verde for the project (Terra Verde 2020; source reference 55). This plan shall be submitted to the City Planning and Building Department for review and approval. BI0-5 In order to prevent oils or fuels from entering the drainages, equipment staging areas for vehicle fueling and storage shall be at least 50 feet away from drainages, in a location where fluids or accidental discharges cannot flow into the drainage. BI0-6 Any soil stockpile(s) shall be kept a minimum of 50 feet from the top of bank of drainages to prevent material from entering the waterways. At no time shall any stockpiles, waste piles, or debris associated with this project be located within the banks of the drainages where it can be washed into jurisdictional waters. BI0-7 Construction best management practices (BMPs) such as silt fencing and wattles shall be on site prior to the start of project activities and kept on site at all times so they are immediately available for installation in anticipation of rain events. BI0-8 Erosion and sediment control measures and other BMPs shall be implemented and maintained in accordance with all manufacturer's specifications detailing the installation, operation, and maintenance of the BMPs. BI0-9 If any ground disturbances will occur during the nesting bird season (February 1— September 15), prior to any ground disturbing activity, surveys for active nests shall be conducted by a qualified biologist within one week prior to the start of activities. If nesting birds are located on or near the proposed project site, they shall be avoided until they have successfully fledged or the nest is no longer deemed active. A non -disturbance buffer of 50 feet will be placed around non -listed, passerine species, and a 250-foot buffer will be implemented for raptor species. All activity will remain outside of that buffer until a qualified biologist has determined that the young have fledged or that Resolution No. PC-1032-21 862 Aerovista Ave, ARCH-0430-2019 & EID-0055-2020 Page 7 proposed construction activities would not cause adverse impacts to the nest, adults, eggs, or young. If special -status avian species are identified, no work shall be conducted until an appropriate buffer is determined in consultation with the City and the California Department of Fish and Wildlife and/or the U.S. Fish and Wildlife Service. BIO-10 Prior to issuance of grading and construction permits, the applicant shall provide a tree protection plan for review and approval by the City Arborist. The plan shall include installation of construction fencing, which shall remain in place for the duration of all grading and construction activities. Monitoring Program (BIO-1 through BIO-10): The survey requirements of Mitigation Measure 13I0-1 shall be incorporated into the project grading and building plans for review and approval by the City Community Development Department and verified through submittal of a CRLF survey report to the City Community Development Department. The applicant shall secure the approved USACE, RWQCB, and CDFW permits prior to submitting the final grading plans to the City Community Development Department. The City Community Development Department shall confirm that all requirements of the approved USACE Section 404 permit, RWQCB Section 401 permit, and CDFW LSAA are incorporated into the grading plans prior to approval. Compliance shall be verified by the City prior to the start of construction and during regular inspections, in coordination with the approved Section 404 permit, Section 401 permit, and LSAA, as necessary. CULTURAL RESOURCES CR-1 Prior to construction activities, a City -qualified archaeologist shall conduct cultural resource awareness training for all construction personnel including the following: a. Review the types of archaeological artifacts that may be uncovered; b. Provide examples of common archaeological artifacts to examine; c. Review what makes an archaeological resource significant to archaeologists and local native Americans; d. Describe procedures for notifying involved or interested parties in case of a new discovery; e. Describe reporting requirements and responsibilities of construction personnel; f. Review procedures that shall be used to record, evaluate, and mitigate new discoveries; and g. Describe procedures that would be followed in the case of discovery of disturbed as well as intact human burials and burial -associated artifacts. CR-2 If cultural resources are encountered during subsurface earthwork activities, all ground disturbing activities within a 25-foot radius of the find shall cease and the City shall be notified immediately. Work shall not continue until a City -qualified archaeologist assesses the find and determines the need for further study. If the find includes Native American affiliated materials, a local Native American tribal representative will be contacted to work in conjunction with the City -approved archaeologist to determine the need for further study. A standard inadvertent discovery clause shall be included in every grading and construction Resolution No. PC-1032-21 862 Aerovista Ave, ARCH-0430-2019 & EID-0055-2020 Page 8 contract to inform contractors of this requirement. Any previously unidentified resources found during construction shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA criteria by a qualified archaeologist. If the resource is determined significant under CEQA, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan, in conjunction with locally affiliated Native American representative(s) as necessary, that will capture those categories of data for which the site is significant. The archaeologist shall also perform appropriate technical analysis, prepare a comprehensive report, and file it with the Central Coast Information Center (CCIC), located at the University of California, Santa Barbara, and provide for the permanent curation of the recovered materials. CR-3 In the event that human remains are exposed during earth disturbing activities associated with the project, an immediate halt work order shall be issued and the Community Development Director and locally affiliated Native American representative(s) (as necessary) shall be notified. State Health and Safety Code Section 7050.5 requires that no further disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall notify the Native American Heritage Commission within 24 hours. These requirements shall be printed on all building and grading plans. Monitoring Program (CR-1 through CR-3): These conditions shall be noted on all grading and construction plans. The City shall review and approve the City -qualified archaeologist consistent with the Archaeological Resource Preservation Program Guidelines. GEOLOGY AND SOILS Implement Mitigation Measures 13I0-3, 13I0-7, and 13I0-8. Monitoring Program: The City Community Development Department shall confirm that all requirements of the approved USACE Section 404 permit, RWQCB Section 401 permit, CDFW LSAA, erosion and sediment control measures, and BMPs are incorporated into the grading plans prior to approval. Compliance shall be verified by the City prior to the start of construction and during regular inspections, in coordination with the approved Section 404 permit, Section 401 permit, and LSAA, as necessary. HYDROLOGY AND WATER QUALITY Implement Mitigation Measures 13I0-3, 13I0-5 through and BIO-8. Monitoring Program: The City Community Development Department shall confirm that all requirements of the approved USACE Section 404 permit, RWQCB Section 401 permit, CDFW Resolution No. PC-1032-21 862 Aerovista Ave, ARCH-0430-2019 & EID-0055-2020 Page 9 LSAA, erosion and sediment control measures, and BMPs are incorporated into the grading plans prior to approval. Compliance shall be verified by the City prior to the start of construction and during regular inspections, in coordination with the approved Section 404 permit, Section 401 permit, and LSAA, as necessary. TRANSPORTATION TR-1 (Transportation Demand Management): The Applicant shall prepare a Transportation Demand Management (TDM) Plan and Monitoring Program to the satisfaction of the City Transportation Division. The TDM Plan shall identify a series of TDM strategies that are anticipated to reduce the project -generated single -occupant vehicle trips and corresponding VMT to within the City's adopted thresholds. TDM program elements may include, but are not limited to: • Participate in SLO Regional Rideshare's Back `N' Forth Club • Work with SLO Regional Rideshare to educate occupants with alternative transportation and smart commute information (e.g. information board, electronic kiosk, new hire packets, etc.) • Identify a dedicated transportation information coordinator for each building/tenant • Provide on -site employee lockers and showers to promote bicycle and pedestrian use • Provide secure long-term bicycle parking for employees • Provide an on -site bicycle -share program for employees and/or reserve a dedicated area for a future City bikeshare dock • Provide reserved parking for carpools and vanpools • Allow and encourage telecommuting • Organize a carpool/vanpool program • Provide on -site carshare vehicle(s) • Provide free/subsidized transit passes for employees • Implement an employee parking cash -out program, providing a cash incentive for employees who choose to carpool, walk, bike or ride transit to work • Improve amenities at nearest transit stop (i.e. install transit shelter, lighting, seating) The TDM Plan shall establish a measurable target (i.e. vehicle trips generated, mode share of project tenants, or both) and identify a proposed monitoring plan that would provide sufficient data to measure progress towards meeting established targets. The TDM Plan and Monitoring Program shall be developed and conducted by a qualified transportation professional. Plan Requirements and Timing: The Applicant shall submit a proposed TDM Plan and Monitoring Program for City review prior to issuance of building permits. City approval of a Final TDM Plan and Monitoring Program is required prior to issuance of occupancy permits. The applicant shall submit a TDM Performance Monitoring Report at 12 months and 24 months after first occupancy, and agree to annual TDM compliance inspections by the City Transportation Division. Resolution No. PC-1032-21 862 Aerovista Ave, ARCH-0430-2019 & EID-0055-2020 Page 10 If the TDM Performance Monitoring Report shows that the targeted trip/VMT reduction has not been achieved, the applicant is responsible for increasing the level of TDM actions to the satisfaction of the City Transportation Division, which may include increasing information, incentives or subsidies to encourage employees to use alternative modes of transportation, or providing a direct fair share financial contribution to the City to be used towards programmed off -site VMT-reducing capital projects. The final approved TDM program shall be implemented in perpetuity as a condition of the use permit for this development, unless otherwise approved by the City Transportation Division. Monitoring Program (TR-1): City staff shall review and approve the final TDM Plan and Monitoring Program. City staff shall work with the Applicant to ensure that these strategies are implemented. The City shall conduct annual site visits and/or outreach to the property owners to ensure ongoing compliance. TR-2 (VMT Mitigation Fee): The Applicant shall contribute a fair share mitigation fee of $50,198 towards construction of off -site VMT-reducing infrastructure, such as installation of protected bike lanes. Applicable VMT-reducing projects anticipated to be constructed by the City as part of the 2021-23 Capital Improvement Program include, but are not limited to: • Anholm Neighborhood Greenway Phase 2 (0.9 miles of new protected bike lanes) • 2021 & 2022 Roadway Sealing Projects (1.6 miles new protected bike lanes considered) • South Broad Street Protected Bike Lanes (0.8 miles of new protected bike lanes) • Active Transportation Plan Quick -Build Installation (1-2 miles of new protected bike lanes considered) Plan Requirements and Timing: The Applicant shall pay applicable VMT mitigation fees prior to issuance of building permits. A total of 0.8 miles of new protected bikeway shall be installed prior to issuance of occupancy permits to provide the required VMT reduction needed to mitigate the project related VMT impact. Alternately, the Applicant may choose to fund design and construction of an equivalent mileage (0.8 miles) of protected bike lanes prior to occupancy in lieu of pay VMT mitigation fees. Monitoring Program (TR-2): The City shall ensure that applicable VMT mitigation fees are collected and that related VMT-reducing infrastructure improvements are completed prior to issuance of occupancy permits. If the Applicant chooses to directly fund and install equivalent infrastructure improvements, the City shall review and approve applicable public improvement plans, and verify that the Applicant installs the improvements in accordance with the approved design plans prior to occupancy. TRIBAL CULTURAL RESOURCES TCR-1 If cultural resources are encountered during subsurface earthwork activities, all ground disturbing activities within a 25-foot radius of the find shall cease and the City shall be notified immediately consistent with the requirements of Mitigation Measure CR-2. If Resolution No. PC-1032-21 862 Aerovista Ave, ARCH-0430-2019 & EID-0055-2020 Page 11 the find includes Native American affiliated materials, a local Native American tribal representative from the Salinan Tribe shall be notified as requested during the project's AB 52 tribal consultation process. Monitoring Program (TCR-1): These conditions shall be noted on all grading and construction plans. The City shall review and approve the City -qualified archaeologist consistent with the Archaeological Resource Preservation Program Guidelines. UTILITIES AND SERVICE SYSTEMS Implement Mitigation Measures AQ-1 through AQ-4, 1310-1 through BIO-10, and CR-1 through CR-3. Monitoring Program: Measures AQ-1 and AQ-2 shall be incorporated into project grading and building plans for review and approval by the City Community Development Department. Compliance shall be verified by the City during regular inspections, in coordination with the County of San Luis Obispo Air Pollution Control District, as necessary. The applicant shall submit the geologic evaluation detailed in measure AQ-3 to the City Community Development Department upon completion. The City Community Development Department shall confirm that all requirements of the approved USACE Section 404 permit, RWQCB Section 401 permit, CDFW LSAA, erosion and sediment control measures, and BMPs are incorporated into the grading plans prior to approval. Compliance shall be verified by the City prior to the start of construction and during regular inspections, in coordination with the approved Section 404 permit, Section 401 permit, and LSAA, as necessary.CR and TCR conditions shall be noted on all grading and construction plans. The City shall review and approve the City -qualified archaeologist consistent with the Archaeological Resource Preservation Program Guidelines. 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 hereby grants final approval to the project with incorporation of the following conditions: Planning Division Final project design and construction drawings submitted for a building permit shall be in substantial compliance with the project plans approved by the Planning Commission (ARCH- 0430-2019 & EID-0055-2020). A separate, full-size sheet shall be included in working drawings submitted for a building permit that lists all conditions and code requirements of project approval listed as sheet number 2. Reference shall be made in the margin of listed items as to where in plans requirements are addressed. Any change to approved design, colors, materials, landscaping, or other conditions of approval must be approved by the Director or Architectural Review Commission, as deemed appropriate. 2. The project shall comply with all mitigation measures and conditions, applicable to the project site, as established under City Council Resolution No. 9726 (2005 Series) and as Resolution No. PC-1032-21 862 Aerovista Ave, ARCH-0430-2019 & EID-0055-2020 Page 12 associated with the Mitigative Negative Declaration (EID-0055-2020). 3. As indicated by the applicant, the unnamed drainage tributary restoration shall be carried out principally with hand labor and not mechanized equipment, to the satisfaction of the Natural Resources Manager. 4. Final wetland design/construction of the unnamed drainage tributary, including retaining wall placement, slope banks, and earth moving in the vicinity of the wetland shall be to the satisfaction of the Natural Resources Manager and any applicable State and Federal resource agencies. 5. If practicable, plans submitted for a building permit shall provide a pedestrian connection from the building and parking area to the development at 892 Aerovista Place with appropriate paving treatment to enhance and facilitate improved pedestrian circulation, to the satisfaction of the Community Development Director. 6. 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. The applicant shall note the use of smooth finish stucco on the building plans to the satisfaction of the Community Development Director. 7. Plans submitted for a building permit shall include recessed window details and all other details including but not limited to awnings, and railings. Plans shall indicate the type of materials for the window frames and mullions, their dimensions, and colors. Plans shall include the materials and dimensions of all lintels, sills, surrounds recesses and other related window features. Plans shall demonstrate the use of high -quality materials for all design features that reflect the architectural style of the project and are compatible with the neighborhood character, to the approval of the Community Development Director. 8. Plans submitted for a building permit shall clearly depict the location of all required short and long-term bicycle parking for all intended uses, plans submitted for construction permits. Short-term bicycle racks such as "Peak Racks" shall be installed in close proximity to, and visible from, the main entry into the building (inverted "U" rack designs shall not be permitted). Sufficient detail shall be provided about the placement and design of bike racks and lockers to demonstrate compliance with relevant Engineering Standards and Community Design Guidelines, to the satisfaction of the Public Works and Community Development Directors. 9. Plans submitted for building permit shall include a photometric plan, demonstrating compliance with maximum light intensity standards not to exceed a maintained value of 10 foot-candles. The locations of all lighting, including bollard style landscaping or path lighting, shall be included in plans submitted for a building permit. All wall -mounted lighting fixtures shall be clearly called out on building elevations included as part of working drawings. All wall -mounted lighting shall complement building architecture. The lighting schedule for the Resolution No. PC-1032-21 862 Aerovista Ave, ARCH-0430-2019 & EID-0055-2020 Page 13 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. 10. Mechanical and electrical equipment shall be located internally to the building. With submittal of working drawings, the applicant shall include sectional views of the building, which clearly show the sizes of any proposed condensers and other mechanical equipment. If any condensers or other mechanical equipment is to be placed on the roof, plans submitted for a building permit shall confirm that parapets and other roof features will 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 11. The storage area for trash and recycling cans shall be screened from the public right-of-way consistent with § 17.70.200 of the Zoning Regulations. The subject property shall be maintained in a clean and orderly manner at all times; free of excessive leaves, branches, and other landscape material. The applicant shall be responsible for the clean-up of any landscape material in the public right-of-way. 12. The applicant shall submit a landscaping plan containing an irrigation system plan with submittal of working drawings for a building permit. 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. The surfaces and finishes of hardscapes shall be included on the landscaping plan. 13. Plans submitted for construction permits shall include elevation and detail drawings of all walls and fences. Fences, walls, and hedges will comply with the development standards described in the Zoning Regulations (§ 17.70.070 —Fences, Walls, and Hedges). 14. 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. 15. Prior to building permit issuance, each affected parcel shall be made subject to an avigation easement, in a form approved by the County of San Luis Obispo. 16. Any new proposed signage shall be reviewed by the Planning Division to ensure appropriateness for the site and compliance with the Sign Regulations. Signage shall Resolution No. PC- 1032-21 862 Aerovista Ave, ARCH-0430-2019 & EID-0055-2020 Page 14 coordinate with building architecture and the type of land use. The Director may refer signage to the ARC if it seems excessive or out of character with the project. Engineering Division — Public Works/Community Development 17. The building plan submittal, soils report, and drainage reports shall show and note compliance with the codes and standards in effect at the time of application. 18. The building plan submittal shall include a preliminary title report. The plans shall show and label all existing easements. The existing easements shall be honored with the new development unless otherwise abandoned or quit -claimed. Final documentation may be required from the dominant tenement for proposed construction in, under, or over easement areas, if necessary. 19. The plans and reports shall clarify whether the leach field easement was ever utilized for the intended purpose. The applicant shall clarify to the satisfaction of the City that the private waste disposal system, if active, is no longer needed. The soils engineer of record shall include specific recommendations for the abandonment of any private waste disposal system. 20. The building plan submittal and drainage report shall show and note compliance with the City's Drainage Design Manual and the Post Construction Stormwater Regulations. The building plan and grading plans shall clarify how the proposed bio-remediation areas will be protected in their native condition through the site preparation grading or if the areas will be excavated down to native soils after the completion of the grading. 21. Any jurisdictional permits required from the Army Corp of Engineers, Fish and Wildlife Services, and/or the Regional Water Quality Control Board shall be obtained prior to grading and/or building permit issuance, if applicable. 22. Plans submitted for a building permit shall demonstrate how the parking lot development complies with the Parking and Driveway Standards. The project should consider the use of pervious paving in accordance with General Plan policies and to reduce the amount of impervious area for stormwater compliance, improve aesthetics, and to support the proposed tree plantings. 23. Street trees are generally required at the rate of one tree per each 35 lineal feet of street frontage. The number of trees located within the street tree planting area, tree locations, and species shall be shown on the building plan submittal and shall be approved to the satisfaction of the City Arborist and Community Development Director. Utilities Department 24. The water service lateral shall include a reduced pressure detector assembly between the public main and the fire service line. 25. The building permit submittal shall include calculations for proposed water usage at the site. Resolution No. PC-1032-21 862 Aerovista Ave, ARCH-0430-2019 & EID-0055-2020 Page 15 26. The project shall include landscape and irrigation plans that comply with the City's Water Efficient Landscape Standards (Municipal Code Chapter 17.87) and the City's Engineering Standards. Applicant shall provide a Maximum Applied Water Allowance (MAWA) calculation using the City's calculator. The project's estimated total water use (ETWU) to support new landscaping shall not exceed the calculated MAWA. 27. Recycled water, or another non -potable water source, shall be used for construction water (dust control, soil compaction, etc.). An annual Construction Water Permit is available from the City's Utilities Department. 28. The project is within the recycled water system expansion project area listed in the 2017 Recycled Water Master Plan. The project shall install 190-feet of 8" recycled water main along the south-east frontage, along Aerovista Place, to the satisfaction of the Utilities Director. 29. 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. Indemnification 30. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review ("Indemnified Claims"). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim. On motion by Commissioner Quincey, seconded by Commissioner Wulkan, and on the following roll call vote: AYES: Commissioners Kahn, Quincey, Shoresman, Wulkan, Vice -Chair Jorgensen and Chair Dandekar NOES: None REFRAIN: None ABSENT: Commissioner Hopkins The foregoing resolution was passed and adopted this 10`" day of February, 2021. W Shawna Scott, Secretary Planning Commission