HomeMy WebLinkAboutPC-1037-21 (ARCH-0571-2020 -- NWC Broad and Tank Farm)PC RESOLUTION NO. 1037-21
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
APPROVING THE COMMERCIAL COMPONENT OF THE NORTHWEST
CORNER PROJECT MIXED-USE DEVELOPMENT INCLUDING A
CONSISTENCY DETERMINATION FOR ENVIRONMENTAL REVIEW
AS REPRESENTED IN THE PLANNING COMMISSION AGENDA
REPORT AND ATTACHMENTS DATED MARCH 24, 2021
(NORTHWEST CORNER (NWC) BROAD & TANK FARM MIXED-USE
COMMERCIAL/FILE #ARCH-0571-2020)
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
meeting was conducted via teleconference on March 1, 2021 for the purpose of reviewing an
architectural review application ARCH-0751-2020, NKT TFB I, LLC, applicant, and
recommended approving the design; and
WHEREAS, the Planning Commission of the City of San Luis Obispo meeting was
conducted via teleconference on March 24, 2021 for the purpose of conducting a Major
Development Plan review including a sign program; 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-0571-2020), 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 4.2.13.1 of the
Airport Area Specific Plan. The project allows the establishment of medical office and
retail/restaurant/office uses within the Community Commercial land use designation,
which allows these types of uses. The site contains adequate vehicular parking and
circulation that is integrated with the surrounding transportation system. As conditioned,
the establishment of medical office and retail/restaurant/office uses will not create noise,
litter, or other adverse effects on the surroundings such that the project would be
detrimental to the public health, safety, or welfare.
2.The project is consistent with the General Plan because it includes a commercial center to
serve community-wide needs (LUE 8.13). The project supports Land Use Element and
Circulation Element policies related to the creation of an accessible commercial area to
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serve community needs (Land Use Element Policy 3.2, 3.4, 3.5, 3.8, 8.13, 10.4; Circulation
Element Policies 3.1.1, 3.1.7, 4.1.1, 4.1.4, 5.1.1, 5.1.3).
3. The project is consistent with the AASP as it includes a mixed-use community center at
the northwest corner of Tank Farm Road and Broad Street with a retail shopping-center on
the eastern portion of the property and an assisted living facility on the western portion
(Section 4.2.13.1). The AASP identifies the northwest corner of Tank Farm Road and
Broad Street as Special Focus Area 13 with a designation of Community Commercial with
Special Focus Overlay (C-C-SF). The project, as proposed, exceeds the building height
standard established for the C-C zoning designation; however, due to the SF designation,
the height exceedance is allowed because it is necessary in order to accomplish
development goals for the site, which include a vibrant and prominent commercial
presence. Specifically, the additional height will accommodate an integrated cancer care
center, a community medical resource; will allow for a building that is of proportional scale
to the (100-foot) width of Broad Street; and will allow for a 3-story ICCC structure which
can provide the needed operational floor area for the use within a smaller footprint,
allowing ground level design to provide the connection features described in the special
focus area, such as a bus turn out, pedestrian sidewalks and pathways, a grade-separated
bike lane, and onsite parking.
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 Airport Land Use Commission (ALUC) reviewed the project on January 20, 2021 and
determined that the proposed height increase and site design modifications from the
original proposal are consistent with the ALUP. Additionally, the FAA reviewed the height
exception and gave a “Determination of No Hazard to Air Navigation”.
6. In general, the General Plan, Zoning Regulations, AASP, and CDG require that the project
have an architectural character that will contribute to the establishment of the Airport Area
as an attractive, high quality business center. The project is consistent with general design
guidelines for all development (CDG, Chapter 2) because the development minimize
changes to natural features, exhibits four-sided architecture, and utilizes shadow, texture,
and articulation to reduce apparent mass. The project is also consistent with design
guidelines specific to large-scale retail projects including parking and landscaping
elements (CDG, Chapter 3.1, 6.2, 6.3) as the project provides amenities that give attention
to connectivity safety and the comfort of bicyclists and pedestrians. To support these goals,
the project includes a new bus turn-out on Broad Street, a grade separated bike lane,
sidewalks and internal pedestrian pathways, and a pedestrian creek walk.
7. The project is consistent with the C-C-SF-SP zoning designation. The project is consistent
with Zoning Regulation 17.28.020, which identifies development standards for the
Community Commercial (C-C) zone. As proposed, the height of the ICCC exceeds the
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maximum building height (35 feet/45 feet) for the C-C zone. However, the project is zoned
for Special Focus Area (SF), and is consistent with Zoning Regulation 17.52.030, which
states that development objectives within each S-F overlay zone shall be interpreted by the
review authority to achieve development objective of the applicable special focus area. The
height exceedance is necessary to achieve design goals for the project site, which include
a vibrant and prominent commercial center at the intersection. As discussed in the MND
Addendum (Attachment 7) there are no additional impacts to aesthetics or scenic quality,
and the Architectural Review Commission reviewed the building designs height, massing,
and architectural design, and found the design consistent with the Community Design
Guidelines and Airport Area Specific Plan Design Guidelines. The minor increases in
height do assist in implementation of the Special Focus area by providing for the intended
design of an important community resource and by freeing up space for numerous site
amenities and connectivity within the site and to surroundings as called for in the Special
Focus Area. The ALUC has also found the height increase consistent with the ALUP and
the FAA has issued a “no hazard” determination.
8. The Master Sign Program is consistent with the intent of Sign Regulations section
15.40.485 since it provides for signs which are complementary to each other within the
project and which are compatible with surrounding development; and the Sign Program
establishes uniform sign design elements such as size, color, materials, lighting, and
placement of signs.
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, rezone, development of
the Westmont Living facility, and conceptual mixed-used project. A Mitigated Negative
Declaration (MND) was adopted by the City Council on September 15, 2020. While the proposed
project is consistent with the conceptual development that was anticipated in the MND, minor
project revisions have been made including the size of the medical office which is proposed at
46,745 square-feet, where the MND assumed a maximum floor area of 45,000 square feet and the
height of the medical office is proposed at 42.5 feet with architectural features up to 52 feet. The
MND assumed all structures would be 35 feet or less in height with architectural features not
exceeding 45 feet in height, consistent with the Community-Commercial designation. The revised
design components are accounted in an addendum to the MND. All mitigation measures from the
MND have been applied to this project. No further CEQA analysis is required.
MITIGATION MEASURES
Air Quality
AQ-1 Standard Control Measures for Construction Equipment
The following standard air quality mitigation measures shall be implemented during the
site preparation and grading phases of construction at the project site:
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Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
Fuel all off-road and portable diesel powered equipment with CARB-certified
motor vehicle diesel fuel nontaxed version suitable for use off-road);
Comply with the State Off-Road Regulation;
Use on-road heavy-duty trucks that meet the CARB’s 2007 or cleaner certification
standard for on-road heavy-duty diesel engines, and comply with the State On-
Road Regulation;
Construction or trucking companies with fleets that do not have engines in their
fleet that meet the engine standards identified in the above two measures (e.g.
captive or NOX exempt area fleets) may be eligible by proving alternative
compliance;
All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs
shall be posted in the designated queuing areas and or job sites to remind drivers
and operators of the 5 minute idling limit;
Diesel idling within 500 feet of sensitive receptors shall not be not permitted;7
Staging and queuing areas shall not be located within 500 feet of sensitive
receptors;6
Equipment shall be electrified when feasible;
Gasoline-powered equipment shall be substituted in place of diesel-powered
equipment, where feasible; and
Alternatively-fueled construction equipment shall be used on-site where feasible,
such as compressed natural gas, liquefied natural gas, propane or biodiesel.
AQ-2 Best Available Control Technology. Diesel construction equipment used during the site
preparation and grading phases shall be equipped with CARB Tier 3 or Tier 4 certified
off-road engines and 2010 on-road compliant engines.
AQ-3 The project would result in ROG and NOx operational emissions that exceed the
SLOAPCD threshold of 25 lbs/day. Prior to issuance of construction permits, the applicant
shall identify at least 8 mitigation measures from Table 3-5 of the SLOAPCD CEQA Air
Quality Handbook to incorporate into the project. Prior to occupancy, final inspection, or
establishment of the use, whichever occurs first, the project shall demonstrate that it has
implements such measures. If the project obtains a GreenPoint rating or is LEED certified,
the applicant shall only need to implement 6 mitigation measures from Table 3-5 of the
SLOAPCD CEQA Air Quality Handbook.
AQ-4 This project is greater than 4 acres and within 1,000 feet of sensitive receptors (residential
units). Construction activities can generate fugitive dust, which could be a nuisance to
residents and businesses in close proximity to the proposed construction site. Projects with
grading areas that are greater than 4-acres or are within 1,000 feet of any sensitive receptor
shall implement the following measures to manage fugitive dust emissions such that they
do not exceed the APCD’s 20% opacity limit (APCD Rule 401) or prompt nuisance
violations (APCD Rule 402):
a. Reduce the amount of the disturbed area where possible;
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b. Use of water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site and from exceeding the APCD’s limit of 20%
opacity for greater than 3 minutes in any 60-minute period. Increased watering
frequency would be required whenever wind speeds exceed 15 mph. Reclaimed
(non-potable) water should be used whenever possible. When drought conditions
exist and water use is a concern, the contractor or builder should consider the use
of an APCD-approved dust suppressant where feasible to reduce the amount of
water used for dust control. Please refer to the following link from the San
Joaquin Valley Air District for a list of potential dust suppressants: Products
Available for Controlling Dust;
c. All dirt stock pile areas should be sprayed daily and covered with tarps or other
dust barriers as needed;
d. Permanent dust control measures identified in the approved project revegetation
and landscape plans should be implemented as soon as possible, following
completion of any soil disturbing activities;
e. Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading should be sown with a fast germinating, non-invasive
grass seed and watered until vegetation is established;
f. All disturbed soil areas not subject to revegetation should be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the APCD;
g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon
as possible. In addition, building pads should be laid as soon as possible after
grading unless seeding or soil binders are used;
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site;
i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least two feet of freeboard (minimum vertical distance between
top of load and top of trailer) in accordance with California Vehicle Code (CVC)
Section 23114;
j. “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the
exterior surfaces of motor vehicles and/or equipment (including tires) that may
then fall onto any highway or street as described in CVC Section 23113 and
California Water Code 13304. To prevent ‘track out’, designate access points and
require all employees, subcontractors, and others to use them. Install and operate a
‘track-out prevention device’ where vehicles enter and exit unpaved roads onto
paved streets. The ‘trackout prevention device’ can be any device or combination
of devices that are effective at preventing track out, located at the point of
intersection of an unpaved area and a paved road. Rumble strips or steel plate
devices need periodic cleaning to be effective. If paved roadways accumulate
tracked out soils, the trackout prevention device may need to be modified;
k. Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers shall be used with reclaimed water where feasible.
Roads shall be pre-wetted prior to sweeping when feasible;
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l. All PM10 mitigation measures required should be shown on grading and building
plans; and
m. The contractor or builder shall designate a person or persons whose responsibility
is to ensure any fugitive dust emissions do not result in a nuisance and to enhance
the implementation of the mitigation measures as necessary to minimize dust
complaints and reduce visible emissions below the APCD’s limit of 20% opacity
for greater than 3 minutes in any 60-minute period. Their duties shall include
holidays and weekend periods when work may not be in progress (for example,
wind-blown dust could be generated on an open dirt lot). The name and telephone
number of such persons shall be provided to the APCD Compliance Division prior
to the start of any grading, earthwork or demolition (Contact Tim Fuhs at 805-
781-5912).
AQ-5 The applicant shall retain a registered geologist to conduct a geologic evaluation of the
property including sampling and testing for naturally occurring asbestos in full compliance
with California Air Resources Board Air Toxics Control Measure (ATCM) for
Construction, Grading, Quarrying, and Surface Mining Operations (93105) and SLOAPCD
requirements. This geologic evaluation shall be submitted to the City Community
Development Department upon completion. If the geologic evaluation determines that the
project would not have the potential to disturb asbestos containing materials (ACM), the
applicant must file an Asbestos ATCM exemption request with the SLOAPCD.
AQ-6 If asbestos containing materials (ACM) are determined to be present onsite, proposed
earthwork, demolition, and construction activities shall be conducted in full compliance
with the various regulatory jurisdictions regarding ACM, including the ARB Asbestos Air
Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface
Mining Operations (93105) and requirements stipulated in the National Emission Standards
for Hazardous Air Pollutants (40 CFR 61, Subpart M – Asbestos; NESHAP). These
requirements include, but are not limited to, the following:
1. Written notification, within at least 10 business days of activities commencing, to
the SLOAPCD;
2. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant;
and,
3. Implementation of applicable removal and disposal protocol and requirements for
identified ACM.
AQ-7 The applicant shall implement the following measures to reduce the risk associated with
disturbance of ACM and lead-coated materials that may be present within the existing
structure onsite:
a. Demolition of the on-site structure shall comply with the procedures required by
the National Emission Standards for Hazardous Air Pollutants (40 CFR 61, Subpart
M – Asbestos) for the control of asbestos emissions during demolition activities.
SLOAPCD is the delegated authority by the U.S. EPA to implement the Federal
Asbestos NESHAP. Prior to demolition of on-site structures, SLOAPCD shall be
notified, per NESHAP requirements. The project applicant shall submit proof that
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SLOAPCD has been notified prior to demolition activities to the City Community
Development Department.
b. If during the demolition of the existing structure, paint is separated from the
construction materials (e.g., chemically or physically), the paint waste shall be
evaluated independently from the building material by a qualified hazardous
materials inspector to determine its proper management. All hazardous materials
shall be handled and disposed of in accordance with local, state, and federal
regulations. According to the Department of Toxic Substances Control (DTSC), if
the paint is not removed from the building material during demolition (and is not
chipping or peeling), the material can be disposed of as non-hazardous construction
debris. The landfill operator shall be contacted prior to disposal of lead-based paint
materials. If required, all lead work plans shall be submitted to SLOAPCD at least
10 days prior to the start of demolition. The applicant shall submit proof that paint
waste has been evaluated by a qualified hazardous waste materials inspector and
handled according to their recommendation to the City Community Development
Department.
Biological Resources
BIO-1. Vegetation Removal Timing. Vegetation removal and initial site disturbance for any
project elements shall be conducted between September 1st and January 31st outside of the
nesting season for birds. If vegetation removal is planned for the nesting bird season
(February 1st to August 31st), then preconstruction nesting bird surveys shall be required
within one week prior to construction activities to determine if any active nests would be
impacted by project construction. If no active nests are found, and vegetation removal is
conducted within 5 days of the survey and is done continuously, then no further survey
work shall be required. Additional surveys during the nesting season shall be conducted as
needed if there is any break in vegetation removal, grading and/or construction lasting more
than 5 days. If any active nests are found that would be impacted by vegetation removal,
grading and/or construction, then the nest sites shall be avoided with the establishment of
a non-disturbance buffer zone around active nests as determined by a qualified biologist.
Nest sites shall be avoided and protected within the non-disturbance buffer zone until the
young are no longer reliant on the nest site for survival (have fledged) as determined by a
qualified biologist. All workers shall receive training on good housekeeping practices
during construction that will discourage nests from being established within the work area
(e.g., cover stored pipe ends, cover all equipment being used daily, etc.) A qualified
biologist shall regularly walk the construction area to look for nest starts and review site
for good housekeeping practices. As such, avoiding disturbance or take of an active nest
would reduce potential impacts on nesting birds to a less-than-significant level.
BIO-2. Clean Water Act Permitting. The applicant shall obtain Clean Water Act (CWA)
regulatory compliance in the form of a permit from the U.S. Army Corps of Engineers
(Corps) or written documentation from the Corps that no permit would be required for the
proposed road crossing. Should a permit be required, the applicant shall implement all the
terms and conditions of the permit to the satisfaction of the Corps. Corps permits and
authorizations require applicants to demonstrate that the proposed project has been
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designed and will be implemented in a manner that avoids and minimizes impacts on
aquatic resources to the extent practicable. Compliance with Corps permitting would also
include obtaining and CWA 401 Water Quality Certification from the Regional Water
Quality Control Board (RWQCB). In addition, the Corps and RWQCB may require
compensatory mitigation for unavoidable permanent impacts on waters of the U.S./State to
achieve the goal of a no net loss of wetland values and functions. As such, with
implementation of the 3:1 ratio of creek enhancement mitigation plantings and regulatory
compliance would reduce potential impacts on waters of the U.S. to a less than significant
level.
BIO-3. Streambed Alteration Agreement. The applicant shall obtain compliance with Section
1602 of the California Fish and Game Code (Streambed Alteration Agreements) in the
form of a completed Streambed Alteration Agreement or written documentation from the
CDFW that no agreement would be required for the proposed road crossing. Should an
agreement be required, the property owners shall implement all the terms and conditions
of the agreement to the satisfaction of the CDFW. The CDFW Streambed Alteration
Agreement process encourages applicants to demonstrate that the proposed project has
been designed and will be implemented in a manner that avoids and minimizes impacts in
the stream zone. In addition, CDFW may require compensatory mitigation for unavoidable
permanent impacts on waters of the State. As such, with implementation of the 3:1 ratio of
creek enhancement mitigation plantings and regulatory compliance would reduce potential
impacts on waters of the U.S. to a less than significant level.
BIO-4. Wetland Replacement and Riparian Enhancement Plan. The applicant shall retain a
qualified biologist to prepare a wetland replacement and riparian enhancement plan. The
plan shall provide for a minimum of 3:1 mitigation area for the wetland area to be impacted
and shall be designed to the satisfaction of the Corps, RWQCB, and CDFW. The plantings
for the riparian enhancement area shall include native species and shall be placed in a
manner to ensure their success. The plan shall include a cost estimate for the
implementation of the plantings. The applicant shall implement the wetland replacement
and riparian enhancement plan within 60 days of completion of grading and site
disturbance activities.
BIO-5. Wetland Replacement and Riparian Enhancement Plan Monitoring. The applicant
shall retain a qualified biologist or landscape architect for the purpose of monitoring the
success of the mitigation planting area. The monitoring contract shall include a requirement
that the monitor conduct, at a minimum, an annual site visit and assessment of the planting
success for 10 years and an annual submittal of a monitoring report to the City Community
Development Department and Natural Resources Manager. The applicant shall also post a
bond for the cost of implementing the mitigation planting. If the monitoring demonstrates
that the plan has been successfully implemented, the bond shall be returned. If the
monitoring demonstrates that the plan has not been successfully implemented, the applicant
shall submit a revised plan for review and approval. If the revised plan successfully
implemented after two years, the City Community Development Department and Natural
Resources Manager shall use the bond to hire a licensed landscape architect to implement
and maintain the revised plan.
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Cultural Resources
CR-1 Halt Work Order for Discovery of Previously Unidentified Cultural Resources. In the
event that historical or archaeological remains are discovered during earth disturbing
activities associated with the project, construction activities shall cease, and the City
Community Development Department shall be notified so that the extent and location of
discovered materials may be recorded by a qualified specialist (paleontologist, historian,
archaeologist) and disposition of artifacts may be accomplished in accordance with state
and federal law. After the find has been appropriately mitigated, work in the area may
resume. A Native American tribal representative shall monitor any mitigation excavation
associated with Native American materials.
CR-2. Halt Work Order for Discovery of Human Remains. In the event that human remains
are unearthed, the applicant shall notify the City Community Development Department and
shall comply with State Health and Safety Code Section 7050.5, which requires that no
further disturbance shall occur until the County of San Luis Obispo Coroner has made a
determination of origin and disposition pursuant to Public Resources Code Section
5097.98. The County Coroner must be notified of the find immediately. If the human
remains are determined to be Native American, the County Coroner will notify the Native
American Heritage Commission within 24 hours, which will determine and notify a Most
Likely Descendant (MLD). The MLD shall complete the inspection of the site within 48
hours of notification and may recommend scientific removal and nondestructive analysis
of human remains and items associated with Native American burials.
Greenhouse Gasses
GHG-1 Monterey Bay Community Power. Prior to final inspection, occupancy, or
establishment of the use, the applicant shall demonstrate that the subject use has made an
operational commitment to participate in Monterey Bay Community Power. Any rental or
lease agreement for individual tenant spaces shall include a requirement that the tenant
continue participation in Monterey Bay Community Power. This participation shall
continue until PG&E or another electric provider provides 100 percent carbon-free
electricity, at which point the applicant or tenant may elect to switch services to such a
provider.
Noise
N-1 Construction Equipment Best Management Practices. For all construction activity at
the project site that exceeds 60 dBA at the property line with the mobile home park to the
west, and for future construction activity associated with development on the eastern
portion of the project site that exceeds 60 dBA at the property line with the Westmont
Living facility, construction equipment noise attenuation techniques shall be employed to
ensure that noise levels are maintained within levels allowed by the City of San Luis
Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such techniques shall
include:
Sound blankets on noise-generating equipment.
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Stationary construction equipment that generates noise levels above 60 dBA at
the project boundaries shall be shielded with barriers that meet a sound
transmission class (a rating of how well noise barriers attenuate sound) of 25.
All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory-recommended mufflers.
For stationary equipment, the applicant shall designate equipment areas with
appropriate acoustic shielding on building and grading plans. Equipment and
shielding shall be installed prior to construction and remain in the designated
location throughout construction activities.
Electrical power shall be used to power air compressors and similar power tools.
The movement of construction-related vehicles, with the exception of passenger
vehicles, along roadways adjacent to sensitive receptors shall be limited to the
hours between 7:00 AM and 7:00 PM, Monday through Saturday. No
movement of heavy equipment shall occur on Sundays or official holidays (e.g.,
Thanksgiving, Labor Day).
As needed, temporary sound barriers shall be constructed between the
construction site and the mobile home park to the west.
In the event the residential uses at the mobile home park site have been removed (i.e. the
site is under construction), and/or if the Westmont Living facility is not occupied or
operational during future construction of the eastern portion of the project site, then
construction equipment noise attenuation techniques do not need to be implemented.
N-2 Neighboring Property Owner Notification and Construction Noise Complaints. The
contractor shall inform the property owner and current tenants of the mobile home park to
the west of the project site, prior to initiation of any construction activities, of the proposed
construction timelines and noise complaint procedures to minimize potential annoyance
related to construction noise. In the event the residential uses at the mobile home park site
have been removed (i.e. the site is under construction), notification is not required. If the
Westmont Living facility is occupied or operational prior to construction of future uses on
the project site, the contractor shall inform the property owner and current tenants of the
facility of the proposed construction timelines and noise complaint procedures to minimize
potential annoyance related to construction noise. Proof of mailing the notices shall be
provided to the Community Development Department prior to issuance of grading permits
or initiation of site disturbance. Signs identifying the noise complaint procedures shall be
in place before the beginning of and throughout grading and construction activities. Noise-
related complaints shall be directed to the City’s Community Development Department.
Transportation
TR-1 Tank Farm Road from Broad through Project Site to Mindbody intersection. The
applicant shall widen Tank Farm Road along the project frontage to provide two westbound
through lanes, bike lanes, and sidewalks consistent with the parkway arterial designation
in the Airport Area Specific Plan.
TR-2 Internal intersection with SESLOC property. The applicant shall install a single-lane
roundabout at the internal site intersection of the Mindbody Road extension adjacent to
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SESLOC on the north property line to encourage smooth traffic flow between the sites.
The City Transportation Department Division may approve an alternative intersection
control type, such as all-way stop control, if a roundabout is found to be geometrically
infeasible at this location.
TR-3 Existing SESLOC driveway. The applicant shall remove the existing right-in/right-out
driveway on Broad Street upon completion of the new Broad Street driveway constructed
as part of this project. The applicant shall ensure adequate access is maintained to the
SESLOC property during project construction.
TR-4 Tank Farm Road from Old Windmill Lane to Santa Fe Road. The project shall make
a fair share contribution of the cost of widening Tank Farm Road to four lanes between
Santa Fe Road and Old Windmill Lane.
TR-5 Broad Street/Industrial Way. The project shall make fair share project contributions to
convert the east and west approaches from split phasing to permissive phasing and
restriping both approaches to provide dedicated left turn lanes and shared through/right
turn lanes.
TR-6 Fair Share Contributions. The project applicant shall pay Citywide Traffic Impact Fees
for the following project improvements:
Tank Farm Road/Higuera Street: Installation of a second southbound left turn lane.
Tank Farm Road/Santa Fe Road: Installation of a multi-lane roundabout.
Broad Street/Tank Farm Road: Installation of a dedicated northbound right turn lane,
addition of a second southbound left turn lane, conversion of the westbound right turn
lane to a shared through/right lane, and establish time-of-day timing plans.
SECTION 3 . Action. The Planning Commission hereby approves the proposed project (ARCH-
0571-2020) that includes Architectural Review of a 61,745 square feet commercial center that
includes a 46,745 square-foot integrated cancer care center and 15,000 square-feet of
retail/restaurant/office, subject to the following conditions:
Planning Division – Community Development Department
1. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers
and employees from any claim, action or proceeding against the City and/or its agents,
officers or employees to attack, set aside, void or annul, the approval by the City of this
project, and all actions relating thereto, including but not limited to environmental review
(“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified
Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in
the defense against an Indemnified Claim.
2. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements. Colors and materials shall be consistent with the
final approved color and material board.
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3. The locations of all exterior lighting, including lighting on the structure, bollard style
landscaping or path lighting, shall be included in plans submitted for a building permit. All
wall-mounted lighting fixtures shall be clearly called out on building elevations included as
part of working drawings. All wall-mounted lighting shall complement building architecture.
The lighting schedule for the building shall include a graphic representation of the proposed
lighting fixtures and cut-sheets on the submitted building plans. The selected fixture(s) shall
be shielded to ensure that light is directed downward consistent with the requirements of the
City’s Night Sky Preservation standards contained in Chapter 17.23 of the Zoning
Regulations.
4. Mechanical and electrical equipment shall be located internally to the building. With submittal
of working drawings, the applicant shall include sectional views of the building, which clearly
show the sizes of any proposed condensers and other mechanical equipment. If any
condensers or other mechanical equipment is to be placed on the roof, plans submitted for a
building permit shall confirm that parapets and other roof features will provide adequate
screening. A line-of-sight diagram may be required to confirm that proposed screening will
be adequate. This condition applies to both initial project construction and later building
modifications and improvements.
5. A final landscaping plan, including irrigation details and plans, shall be submitted to the
Community Development Department along with working drawings. The legend for the
landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees with
corresponding symbols for each plant material showing their specific locations on plans. The
applicant shall include sufficient landscaping or screening (i.e. berms) to shield the parking
area adjacent to Tank Farm to adequately prevent headlights from parked cars from shining
into traffic on Tank Farm Road.
6. The location of any required backflow preventer and double-check assembly shall be shown
on all site plans submitted for a building permit, including the landscaping plan. Construction
plans shall also include a scaled diagram of the equipment proposed. Where possible, as
determined by the Utilities Director, equipment shall be located inside the building within 20
feet of the front property line. Where this is not possible, as determined by the Utilities
Director, the backflow preventer and double-check assembly shall be located in the street yard
and screened using a combination of paint color, landscaping and, if deemed appropriate by
the Community Development Director, a low wall. The size and configuration of such
equipment shall be subject to review and approval by the Utilities and Community
Development Directors.
7. Inclusionary Housing. Prior to issuance of building permits, inclusionary in-lieu fees of 5%
of building evaluation shall be paid.
8. Plans submitted for building permits shall reflect conformance with long- and short-term
bicycle parking requirements as required by the Zoning Regulations and shall be maintained
for the life of the project. Upon change of occupancy or use type, the applicant shall ensure
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the new use provides adequate bicycle parking required for that use. Should a new use be
introduced that has a greater bicycle parking requirement than the previous use, the applicant
shall provide the requisite number of additional spaces (short- and long-term) to be compliant
with the new use requirement.
9. The following use standards and conditions reflect requirements established under the San
Luis Obispo County Airport Land Use Commission’s (ALUC) determination of consistency
(9-19-2018) and shall be complied with as follows:
a. The Project submitted to the County under Referral Letter dated July 25, 2018 and
amended and amended in the Referral Letter dated January 12, 2021, shall be conditioned
by the City to be consistent with said referral, and will not be changed without the input
of the ALUC;
b. Airport Area Specific Plan Amendments as provided herein are limited to the subject
property;
c. Non-residential density for the site within the S-1c Safety Area would be limited to a
maximum 120 persons/acre;
d. Maximum building heights shall not exceed 52 feet;
e. No improvements shall constitute a navigation hazard as defined by the ALUP;
f. Uses that would potentially interfere with takeoffs, landings and maneuvering of aircraft
shall be prohibited;
g. Avigation easements are required for the site; and,
h. Disclosures would be provided to potential buyers and tenants regarding airport
operations.
10. For the life of the project, the project shall comply with the San Luis Obispo Air Pollution
Control District regulations, including, but not limited to:
Rule 501 – developmental burning
Rule 504 – residential wood combustion
Portable generators and equipment with engines that are 50 horsepower or greater
require a permit to operate and may require a health risk assessment.
Engineering Division – Public Works/Community Development Department
11. A separate building permit/parking lot permit shall be processed for the proposed private
SESLOC on-site improvements required to accommodate the closure of the southerly
SESLOC parking lot access. The driveway shall not be closed until a secondary access is
provided unless otherwise approved by SESLOC and the City.
12. Private site lighting shall be provided per City Engineering Standards. Unless otherwise
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waived by the City, the through access roadway/bikeway from the northerly tract boundary
to the signal at Tank Farm Road shall include street/pathway lighting per City Engineering
Standards and the City’s Bike Plan.
13. City recycled water or another non-potable water source, shall be used for construction water
(dust control, soil compaction, etc.). An annual Construction Water Permit is available from
the City’s Utilities Department. Recycled water is readily available near the intersection of
Tank Farm Road and Orcutt Road.
14. Unless otherwise approved by the City, sewer laterals and/or private mains shall connect to
the public sewer main located within Tank Farm Road. If approved for connection in Broad
Street, a comprehensive plan based on the field confirmation of all existing public and
private utility depths shall be completed to confirm that a gravity sewer can be achieved
with gradients and utility clearances per City Engineering Standards.
Utilities Department
15. 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.
16. The proposed project is within an area subject to shallow ground water. Heat-fused HDPE
pipe shall be used for the proposed private and public sewer collection system to prevent
groundwater infiltration.
17. Any private sewer services that cross one parcel for the benefit of another shall provide
evidence that a private utility easement appropriate for those facilities has been recorded
prior to final Building Permit. The proposed project shall include a private sewer lateral, no
force main, connecting near the west boundary of the project along Tank Farm Road, and
must be of enough depth to reach the northwest corner of the adjacent parcel to the north
(APN 053-231-050), and to the satisfaction of the Utilities Engineer.
18. If commercial uses in the project include food preparation, provisions for grease interceptors
and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall be provided
with the design. These types of facilities shall also provide an area inside to wash floor mats,
equipment, and trash cans.
19. The site is within the City’s Water Reuse Master Plan area and landscape irrigation for the
project shall utilize recycled water from the existing service that was stubbed to the property.
The irrigation system shall be designed and operated as described consistent with recycled
water standards in the City’s Procedures for Recycled Water Use, including the requirement
that sites utilizing recycled water require backflow protection on all potable service
connections. The irrigation plans shall be submitted to the Building Department for review
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during the City’s building permit review process. Frontage improvements must include
approximately 950-feet of a new 8” recycled water main with new recycled water services
to the project. The alignment of the recycled water mains shall follow the engineering design
standards and shall be designed to the satisfaction of the Utilities Engineer.
20. Public sewer and water pipe infrastructure shall not be extended into private access road, but
public water meters can be installed for each parcel with a dedicated access easement and is
to the satisfaction of the Utilities Engineer.
21. Separate water and recycled water meters shall eb provided for each new parcel in an area
accessible by the City.
22. Any sewer lateral that crosses one proposed parcel for the benefit of another shall provide
evidence that a private utility easement appropriate for those facilities has been recorded prior
to issuance of a Building Permit.
23. 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.
24. Irrigation systems using recycled water shall be designed and operated as described consistent
with the City’s Procedures for Recycled Water Use, including the requirement that sites
utilizing recycled water require backflow protection on all potable service connections in
accordance with the Engineering Design Standards. Three sets of irrigation plans shall be
submitted for review during the City’s improvement plan and/or building permit review process.
25. Water flow rates and flow velocities shall comply with the minimum requirements of the
2016 Potable Water Distribution System Operations Master Plan.
26. Final grades and alignments of all public and/or private water, recycled water, and sewer
shall be approved to the satisfaction of the Utilities Department. The final location,
configuration, and sizing of on-site service laterals and meters shall be approved by the
Utilities Director in conjunction with the review of the building plans, fire sprinkler plans,
and/or public improvement plans.
27. The project’s estimated total water use (ETWU) to support new ornamental landscaping
shall not exceed the project’s maximum applied water allowance (MAWA). Information
shall be submitted during the Building Permit Review Process for review and approval by
the Utilities Department prior to issuance of a Building Permit to support required water
demand of the project’s proposed landscaping.
28. A trash enclosure capable of storing the required bins for waste, recycling, and organics
shall be provided.
29. Commercial and residential refuse services shall be separate unless a letter of agreement