HomeMy WebLinkAboutPC-1055-2022 (ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021 and EID-0528-2021 -- 55 Broad St.)RESOLUTION NO. PC-1055-22
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION APPROVING THE EXPANSION OF AN EXISTING
RESIDENTIAL CARE FACILITY (THE VILLAGES) TO PROVIDE TWO
NEW THREE- AND FOUR-STORY STRUCTURES CONSISTING OF A
TOTAL OF 59 ROOMS. PROJECT INCLUDES AN AMENDMENT TO
THE EXISTING PLANNED DEVELOPMENT PRECISE PLAN, THE
PROJECT ALSO INCLUDES THE FOLLOWING EXCEPTIONS: CREEK
SETBACK OF 20 FEET FOR THE UPPER STORIES OF BUILDING A,
CREEK SETBACK 28 FEET FOR THE UPPER STORIES OF BUILDING
B, CREEK SETBACK FOR PAVING AND GRADING, FRONT YARD
EXCEPTION OF 7 FEET WHERE 10 FEET IS NORMALLY REQUIRED,
FRONT YARD PARKING EXCEPTION, PARKING IN THE CREEK
SETBACK, MAXIMUM BUILDING HEIGHT DEVIATION,
ABANDONMENT OR RELOCATION OF AN EXISTING PUBLIC
STORMDRAIN EASEMENT, MONUMENT SIGNS, AND TRASH
ENCLOSURE LOCATED WITHIN THE STREET YARD. THE PROJECT
INCLUDES A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED MARCH 23, 2022 (55 BROAD
STREET, ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-
2021)
WHEREAS, the City Council 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
February 10, 1965, approved the Precise Plan for the Planned Development located at 71 North
Broad Street, pursuant to Resolution No. 1367 (1965 Series); Tropicana Housing, Ltd, applicant;
and
WHEREAS, the Planning 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 April 27, 1988, to amend the Precise Plan to modify the third structure into a three story building
with 42 residential units, known as ‘The Gardens’, pursuant to Planning Commission Resolution
No. 1369, Tropicana Housing, Ltd, applicant; and
WHEREAS, the City Council 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 May
20, 1997, to amend the Precise Plan to convert the student housing residences into an assisting
living center for senior housing, pursuant to Resolution No. 8673 (1997); and
WHEREAS, the Tree Committee of the City of San Luis Obispo meeting was conducted
via teleconference on October 25, 2021, recommending the Planning Commission find the project
consistent with the Tree Removal Ordinance, pursuant to a proceeding instituted under ARCH-
0386-2020, Morrison I, LP, applicant; and
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WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
meeting was conducted via teleconference on November 1, 2021, continuing the project to a date
uncertain to address eleven directional items for consistency with the Community Design
Guidelines, pursuant to a proceeding instituted under ARCH-0506-2019, Morrison I, LP,
applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
meeting was conducted via teleconference on December 6, 2021, recommending approval of the
project to the Planning Commission based on consistency with the Community Design Guidelines,
pursuant to a proceeding instituted under ARCH-0506-2019, Morrison I, LP, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo meeting was
conducted via teleconference on February 9, 2022, recommending a continuance to a date certain
on March 23, 2022 to address questions regarding the proposed conditions on the project, pursuant
to a proceeding instituted under ARCH-0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-
0528-2021, Morrison I, LP, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo meeting was
conducted via teleconference on March 23, 2022, pursuant to a proceeding instituted under ARCH-
0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021, Morrison I, LP, 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-0386-2020, USE-0387-2020, & PDEV-0001-2021), based on the following
findings:
1. The project is consistent with the Land Use Element (LUE) because the project provides
multi-family dwellings which is consistent with uses intended for the High-Density
Residential land use designation (LUE Table 1). The project is also consistent with the
Circulation Element (CE) where new development is required to provide fair share
responsibility for improvements to the street, bike, lanes, sidewalks and incorporates traffic
calming measures to accomplish the objectives of the General Plan.
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2. As conditioned, the project is consistent with the Zoning Regulations because the proposed
building design complies with the development standards for the project within the High
Density Residential (R-4) zone (Municipal Code Chapter 17.22).
3. The proposed Planned Development Precise Plan amendment is consistent with Council
Resolution No. 1367 (1965 Series) and Council Resolution No. 8673 (1997) because the
amendment is limited to changes in the size and position of structures and does not include
any changes to the overall density or land uses of the project site.
Minor Use Permit Findings
4. As conditioned, the establishment, maintenance, or operation of the proposed project will not,
in the circumstances of this particular case, be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity of the proposed use, or detrimental or
injurious to property and improvements in the neighborhood or to the general welfare of the
City because the project has been designed to address noise, glare, and pedestrian traffic
through the orientation of the building and internal pedestrian connections to the street and
adjacent uses. The project is compatible and consistent with the mix of residential and non-
residential uses in the neighborhood.
5. As conditioned, the proposed project is consistent with the General Plan Housing Element for
this location since the project proposes to expand an existing residential care facility that
includes opportunity for housing for the elderly and residential uses that are consistent with
activities envisioned by the High-Density Residential Land Use designation.
6. As conditioned, the project complies with all applicable provisions of the Zoning Regulations
as described within the property development standards for the R-4 zone and in accordance
with allowances under Chapter 17.48 (Planned Development Overlay Zone). The proposed
uses are compatible with the project site and with existing and potential uses in the vicinity
which include religious facilities, commercial retail, and residential uses.
7. As conditioned, the residential care facility is compatible at this location because the project
is located in an area that has been developed with residential and non-residential uses to the
east and north. The project is compatible with existing and future land uses in the vicinity
because the project has been designed to reflect high-density residential development with
open space areas that are located internal to the site.
8. The site is physically suitable in terms of public utilities, traffic generation, and public
emergency vehicle access, because the proposed project is within an existing developed
neighborhood that provides adequate utilities, vehicle parking, and site circulation. The site
is adequate for the project in terms of size, configuration, topography, and other applicable
features, and has appropriate access to public streets with adequate capacity to accommodate
the quantity and type of traffic expected to be generated by the use.
Development Review Findings
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9. As conditioned, the project is consistent with the Community Design Guidelines for infill
development because the architectural style is complementary to the surrounding
neighborhood and is designed consistent with the prevailing building height and setback
pattern of the neighborhood.
10. As conditioned, the project design is consistent with the Community Design Guidelines by
providing a variety of architectural treatments that add visual interest and articulation to the
building design that are compatible with the design and scale of the existing structures in the
surrounding neighborhood (CDG, Chapter 5.3).
11. As conditioned, the project respects the privacy of adjacent residences through appropriate
building orientation and windows that minimize overlook and do not impair the privacy of
the indoor or outdoor living space of neighboring structures.
12. The proposed height, mass and scale of the project will not negatively alter the overall
character of the neighborhood or the street’s appearance because the development is designed
in a manner that does not deprive reasonable solar access to adjacent properties. The project
incorporates vertical and horizontal wall plan offsets, which provide a high-quality and
aesthetically pleasing architectural design.
Planned Development (PD) Overlay Findings
13. The proposed PD amendment providing for the two new structures is consistent with the
General Plan because it provides for the expansion of an existing residential care facility for
seniors, which is consistent with the intent of the High-Density Residential Land Use
Designation for the property.
14. The expansion of the existing residential care facility is allowed use within the High-Density
Residential zone.
15. As conditioned, the project complies with all applicable provisions of the Zoning Regulations
other than the requested deviation from development standards to allow a greater maximum
height for the buildings in accordance with Zoning Regulations §17.48.030.D that allows for
deviations within PD-Overlay zoning where determined necessary and justifiable to
accommodate the development of the project.
16. As conditioned, the proposed modifications to the development standards of these Zoning
Regulations are necessary and appropriate to accommodate the superior design of the
proposed project, and the project design is compatibility with adjacent land uses.
17. As conditioned, the project design complies with all applicable Community Design
Guidelines.
18. All affected public facilities, services, and utilities are adequate to serve the proposed project
site.
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19. The location, size, site planning, building design features, and operating characteristics of the
project are highly suited to the characteristics of the site and surrounding neighborhood, and
is compatible with the character of the site for land uses and development intended for the
surrounding neighborhood by the General Plan.
20. The site is adequate for the project in terms of size, configuration, topography, and other
applicable features.
21. The PD amendment provides a community benefit by providing senior housing for citizens to
age in place which directly implements objectives of the General Plan Housing Element for
special needs housing.
22. The community benefit of providing additional senior housing does not principally benefit
the project or occupants of the project, but rather provides a district or area-wide benefit within
San Luis Obispo.
23. The site has appropriate access to public streets with adequate capacity to accommodate the
quantity and type of traffic expected to be generated by the use.
24. The establishment, maintenance, or operation of the proposed project will not, in the
circumstances of the particular case, be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity of the proposed use, or detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of the City.
Creek Setback Exception Findings
25. As conditioned, the location and design of Buildings A and B, and the proposed parking areas
receiving the creek setback exception will minimize impacts to scenic resources, water
quality, and riparian habitat, including opportunities for wildlife habitation, rest, and
movement, because the project includes the implementation of Mitigation Measures BIO-1
through BIO-7 that requires a qualified biologist to ensure no sensitive species are disturbed
on the site prior to construction activities associated with the project.
26. As conditioned, the exceptions for portions of Building A to reduce the upper story setback
requirement to 20 feet, and portions of Building B to reduce the upper story setback
requirement to 28 feet, where 30 feet is normally required, as well as the proposed parking
area within the creek setback will not limit the City’s design options for providing flood
control measures that are needed to achieve adopted City flood policies.
27. The exceptions will not prevent the implementation of City-adopted plans, nor increase the
adverse environmental effects of implementing such plans because the new structures exceed
the minimum setback requirement of 20 feet from the top of bank, and the exceptions are only
for the third and fourth stories of the buildings, and the proposed parking area is intended to
replace an existing parking area within the creek setback.
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28. There are circumstances applying to the site, such as a greater setback requirement than other
properties in the vicinity due to multiple street frontages, that would deprive the property of
privileges enjoyed by other property in the vicinity with the same zoning.
29. The exceptions will not constitute a grant of special privilege because the parking area is to
replace an existing parking area within the creek setback, and the upper story setback
exceptions for Buildings A and B are considered minor.
30. The exception will not be detrimental to the public welfare or injurious to other property in
the area of the project or downstream, because the project includes the implementation of
Mitigation Measures BIO-6 and BIO-7 that require training of construction workers to avoid
impacts to the creek corridor, riparian habitat, nesting birds, or any other wildlife prior to
initiating construction.
31. A larger creek setback within the project design is not possible without a substantial project
redesign that could adversely affect site circulation, safety, functionality, and the provision of
housing consistent with City goals.
Sign Program Findings
32. The project site provides unusual circumstances which make strict adherence to the sign
regulations impractical, as the project consists of an expansion of an existing residential care
facility within a residential zone with three street frontages. The proposed sign program
represents an innovative design consistent with the architectural style of the project.
33. The sign program is consistent with the intent and purpose of the Sign Regulations as each
sign is consistent with all other limitations regarding number and size of signs allowed for the
specific sign types (monument signs). The architectural style of the project has been designed
to accommodate signage for the property that would provide sufficient visibility to the public.
34. The proposed signs consist of a superior design that complies with the Design Principles of
the Sign Regulations that do not result in clutter or excessively sized signage in comparison
to the other structures in the vicinity. The proposed signs have been reviewed by the
Architectural Review Commission and found to be consistent with the intent of the Sign
Regulations and Community Design Guidelines.
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. Minor
clarifications have been incorporated into the IS/MND following receipt of comments on the
publicly circulated draft, and these minor clarifications support the impact determinations and
conclusions of the Public Draft Initial Study, do not result in any modification of mitigation
measures, and do not warrant recirculation of the IS/MND. The Planning Commission hereby
adopts the IS/MND and associated Mitigation, Monitoring, and Reporting Program, based on
incorporation of the following mitigation measures, which will reduce potential environmental
impacts to less than significant.
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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 minutes at any
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:
http://www.arb.ca.gov/msprog/truck-idling/2485.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:
1. Reduce the amount of disturbed area where possible.
2. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site and from exceeding the San Luis Obispo County Air
Pollution Control District (SLOAPCD) 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.
3. All dirt stockpile areas (if any) shall be sprayed daily and covered with tarps or
other dust barriers as needed.
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4. 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.
5. Exposed grounds that are planned to be reworked at dates greater than 1 month after
initial grading shall be sown with a fast-germinating, non-invasive, grass seed and
watered until vegetation is established.
6. 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 SLOAPCD.
7. 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 are used.
8. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site.
9. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least 2 feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with California Vehicle Code Section 23114.
10. 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.
11. Water sweepers shall be used with reclaimed water where feasible. Roads shall be
pre-wetted prior to sweeping when feasible.
12. All PM10 mitigation measures required shall be shown on grading and building
plans.
13. 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 SLOAPCD limit of
20% opacity for no greater than 3 minutes in any 60-minute period. Their duties
shall include holidays and weekend periods when work may not be in progress. The
name and telephone number of such persons shall be provided to the SLOAPCD
Compliance Division prior to the start of any site preparation, grading, or
earthwork.
14. All off-road construction equipment shall be Tier 3 or higher.
AQ-3 Prior to initiation of site preparation/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 (CARB) Air Toxics Control Measure (ATCM) for Construction,
Grading, Quarrying, and Surface Mining Operations (CARB ATCM Section 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
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asbestos (NOA), the Applicant must file an Asbestos ATCM exemption request with the
SLOAPCD.
AQ-4 If NOA are determined to be present on-site, proposed earthwork and construction
activities shall be conducted in full compliance with the various regulatory jurisdictions
regarding NOA, including the CARB ATCM for Construction, Grading, Quarrying, and
Surface Mining Operations (CARB ATCM Section 93105) and requirements stipulated in
the National Emission Standards for Hazardous Air Pollutants (NESHAP) (40 Code of
Federal Regulations 61, Subpart M – Asbestos). 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.
Monitoring Program: Measures AQ-1 through AQ-4 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
SLOAPCD, 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 Obscure Bumble Bee. Prior to any site disturbance and/or construction activities associated
with the proposed project, the Applicant shall retain a City-approved qualified biologist to
conduct preconstruction survey(s) for obscure bumble bee within suitable habitat areas
(e.g., small mammal burrows, thatched/bunch grasses, upland scrubs, brush piles,
unmowed/overgrown areas, dead trees, hollow logs, etc.) on the project site and areas
within 50 feet of the project site. At a minimum, the survey effort shall include visual
search methods targeting colonies or individuals. Upon completion of the surveys, the
biologist shall prepare a survey report summarizing the findings and submit it to the City
Community Development Department.
If the survey(s) establish presence of obscure bumble bee within the areas of disturbance,
the Applicant shall retain a City-approved biologist to prepare a Biological Resources
Management Plan (Management Plan) subject to review and approval of the City
Community Development Department in coordination with the California Department of
Fish and Wildlife (CDFW). The Management Plan shall include avoidance measures to
conduct project activities in such a manner that avoids physical disturbances to the
colony/nest site, including a minimum 50-foot no disturbance buffer to avoid take and
potentially significant impacts. Upon approval by the City Community Development
Department and prior to and during construction, the Management Plan shall be
implemented to ensure potentially significant impacts to the obscure bumble bee are
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avoided. Following approval, avoidance measures included in the Management Plan shall
be implemented at appropriate times during construction activities.
BIO-2 Northern California Legless Lizard. Between 2 and 4 weeks prior to initiation of
construction activities, a City-approved biologist shall conduct surveys for northern
California legless lizards. The surveyor shall utilize hand search or cover board methods
in areas of disturbance where northern California legless lizards are expected to be found
(e.g., under shrubs, other vegetation, or debris within the ornamental and riparian habitats
on-site). If cover board methods are used, they shall commence at least 30 days prior to the
start of construction. Hand search surveys shall be completed immediately prior to and
during grading activities. During grading activities, the City-approved biologist shall walk
behind the grading equipment to capture legless lizards that are unearthed by the
equipment. The surveyor shall capture and relocate any legless lizards or other reptiles
observed during the survey effort. The captured individuals shall be relocated from the
construction area and placed in suitable habitat on-site but outside of the work area.
Following the survey and monitoring efforts, the City-approved biologist shall submit to
the City a project completion report that documents the number of northern California
legless lizards and other reptiles captured and relocated, and the number of legless lizards
or other reptiles taken during grading activities. Observations of these species or other
special-status species shall be documented on California Natural Diversity Database
(CNDDB) forms and submitted to the CDFW upon project completion.
BIO-3 Tree Replacement. In accordance with the City’s Municipal Code for Tree Removal
(12.24.090), trees that are removed with a minimum diameter at breast height (dbh) of 3
inches shall be replaced at a 1:1 ratio on-site. A compensatory tree planting program shall
be developed and implemented and shall include areas within the creek setback area.
Additional tree planting shall take place within the development as part of the landscaping
effort to mitigate all tree removal on the site. The Applicant shall meet the final
specifications of the City’s municipal code for tree protection and replacement to receive
permit approval.
BIO-4 Migratory Birds. If any ground disturbance will occur during the nesting bird season
(February 1–September 15), prior to any ground-disturbing activity, a preconstruction
nesting bird survey shall be conducted by a qualified biologist within 1 week prior to the
start of activities. If nesting birds are located on or near the 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 implemented for non-listed, passerine species and a
250-foot buffer will be implemented for raptor species. No construction activities will be
permitted within established nesting bird buffers until a qualified biologist has determined
that the young have fledged or that 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 U.S. Fish and Wildlife Service (USFWS) and/or CDFW.
BIO-5 Roosting Bat Surveys. Within 2 weeks prior to removal of any trees, a qualified biologist
shall survey the proposed trees to be removed to identify if roosting bats are present. If bats
are found to be roosting, tree removal will be postponed until such time that roosting bats
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are no longer present. If postponement is not feasible, a Bat Exclusion Plan shall be
prepared by a qualified biologist and submitted to the CDFW and the City for review and
approval prior to construction. At a minimum, the exclusion plan shall describe the
proposed action, background on the surveys conducted to date, installation and removal of
exclusion materials, and the reporting process.
BIO-6 Worker Environmental Awareness Program. As an additional protection measure to avoid
impacts to the creek corridor, riparian habitat, nesting birds, and other wildlife, the project
Applicant shall have a City-qualified biologist prepare a Worker Environmental Awareness
Program that will be presented to all project personnel prior to the start of construction.
This program shall detail measures to avoid impacts on biological resources and shall
include a description of special-status species potentially occurring on the project site and
their natural history, the status of the species and their protection under environmental laws
and regulations, and the penalties for take. Review of the erosion and sediment control
measures (see Mitigation Measure BIO-7), as well as any other appropriate
recommendations, shall be given as actions to avoid impacts to all wildlife during
construction. Other aspects of the training shall include a description of general measures
to protect wildlife, including:
1. Delineation of the allowable work area, staging areas, access points, and limits to
vehicle access;
2. Storage of all pipes, metal tubing, or similar materials stored or stacked on the
project site for one or more overnight periods shall be either securely capped before
storage or thoroughly inspected for wildlife before the materials are moved, buried,
capped, or otherwise used.
3. Inspected of materials stored on-site, such as lumber, plywood, and rolls of silt
fence, for wildlife that may have sheltered under or within the materials;
4. Use of netting to exclude birds from nesting in construction materials;
5. Constructing escape ramps in all excavations and trenches more than 6-inches deep;
6. Contact information for the City-approved biologist and instructions should any
wildlife species be detected in the work site;
7. Dust suppression methods during construction activities when necessary to meet
air quality standards and protect biological resources; and
8. Methods for containment of food-related trash items (e.g., wrappers, cans, bottles,
food scraps), small construction debris (e.g., nails, bits of metal and plastic), and
other human-generated debris (e.g., cigarette butts) in animal-proof containers and
removal from the site on a weekly basis.
All project personnel who have attended the training shall sign an attendance sheet. The
program shall be repeated for any new crews that arrive subsequently on the site.
BIO-7 Riparian Area. Prior to ground disturbance or other construction activity, the proposed 25-
to 28-foot setback from the Old Garden Creek top of bank shall be identified on all
construction plans and shall be mapped on-site through installation of protective fencing
or other measures to demarcate the limits of construction in proximity to Old Garden Creek.
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Monitoring Program: The survey requirements of Mitigation Measures BIO-1, BIO-2, BIO-4,
and BIO-5 and delineation requirements of Mitigation Measure BIO-7 shall be incorporated into
the project grading and building plans for review and approval by the City Community
Development Department. Compliance shall be verified through submittal of an obscure bumble
bee survey report, a northern California legless lizard survey report, a preconstruction nesting bird
survey report, and a roosting bat survey report to the City Community Development Department.
Mitigation Measure BIO-6 requires construction personnel to participate in environmental
awareness training and sign a sign-in sheet following the training. The sign-in sheet shall be
submitted to the City Community Development Department to confirm that all construction
personnel have attended. Compliance shall be verified by the City prior to the start of construction
and during regular inspections, 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:
1. Review the types of archaeological artifacts that may be uncovered;
2. Provide examples of common archaeological artifacts to examine;
3. Review what makes an archaeological resource significant to archaeologists and
local Native Americans;
4. Describe procedures for notifying involved or interested parties in case of a new
discovery;
5. Describe reporting requirements and responsibilities of construction personnel;
6. Review procedures that shall be used to record, evaluate, and mitigate new
discoveries; and
7. 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 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 California Environmental Quality Act (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
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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 ground-disturbing activities associated
with the project, an immediate halt work order shall be issued, and the City Community
Development Director and locally affiliated Native American representative(s) (as
necessary) shall be notified. California 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 (PRC) 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: The conditions in Mitigation Measures CR-1 through CR-3 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.
Greenhouse Gas Emissions
Implement Mitigation Measures AQ-1.
GHG-1 A Greenhouse Gas Reduction Plan (GGRP) shall be prepared for the proposed project and
shall be submitted to the City for review and approval prior to issuance of grading or
building permits. The GGRP shall require annual impacts to be quantified over the life of
the project to also account for reduction in project impacts due to future emission reduction
technology that is included in the California Emissions Estimator Model (CalEEMod) and
shall reduce annual greenhouse gas (GHG) emissions from the development by a minimum
of 276.08 metric tons of carbon dioxide equivalence (MTCO2e) per year over the
operational life of the proposed project. GHG emissions may be reduced through the
implementation of on-site mitigation measures, off-site mitigation measures, or through
the purchase of carbon offsets. It is recommended that the GGRP incorporate GHG-
reduction measures identified in the City of San Luis Obispo’s CEQA GHG Emissions
Analysis Compliance Checklist, Climate Action Plan Consistency Checklist for New
Development, as listed below. In the event that carbon offsets are required, carbon offsets
shall be purchased from a validated/verifiable source, such as the California Climate Action
Registry, and approved by City Planning staff prior to purchase. Demonstrated reduction
of 276.08 MTCO2e per year over the operational life of the project could be achieved
through a combination of the following specific measures. All or some of these measures
may be elected and incorporated into the GGRP to provide the required reduction.
1. The project shall be provided electricity by 3CE.
2. The project could offset natural gas usage by building more efficient and higher
performing buildings and performing retrofits on existing buildings.
3. The project shall be designed to minimize barriers to pedestrian access and
interconnectivity.
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4. The project shall be designed to provide safe and convenient access to public
transit contiguous to the project site.
5. Additional Transportation Demand Management (TDM) reduction measures
could be included to reduce vehicle miles traveled (VMT), which include but
are not limited to:
a. Telecommuting;
b. Car sharing;
c. Shuttle service;
d. Carpools;
e. Vanpools;
f. Participation in the SLO Rideshare Back ‘N’ Forth Club;
g. Transit subsidies; and
h. Off-site sustainable transportation infrastructure improvements.
6. The project shall provide organic waste pick up and shall provide the
appropriate on-site enclosures consistent with the provisions of the City’s
Development Standards for Solid Waste Services.
7. Carbon offsets could be purchased from a validated/verifiable source, such as
the California Climate Action Registry, and approved by City Planning staff
prior to purchase.
Monitoring Program: Mitigation Measure AQ-1 shall be incorporated into project grading and
building plans for review and approval by the City Community Development Department.
Mitigation Measure GHG-1 shall be submitted to the City for review and approval prior to issuance
of grading or building permits. Compliance shall be verified by the City during regular inspections,
in coordination with the SLOAPCD, as necessary.
Hazards and Hazardous Materials
Implement Mitigation Measures AQ-3 and AQ-4.
HAZ-1 Prior to initiation of site preparation, vegetation removal, and earth-moving activities, the
project contractor shall prepare and implement a Hazardous Materials Management Plan
that details procedures that will be taken to ensure proper transport, use, and storage of
hazardous construction materials and the appropriate handling, stockpiling, testing, and
disposal of excavated materials to prevent the inadvertent release of hazardous construction
materials and/or contaminated soil and demolished materials to the environment during
construction activities. Elements of the plan shall include, but would not be limited to, the
following:
Worker Health and Safety
1. Accident prevention measures.
2. Measures to address hazardous materials and other site-specific worker health and
safety issues during construction, including the specific level of protection required
for construction workers. This shall include preparation of a site-specific health and
safety plan in accordance with federal Occupational Safety and Health
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Administration (OSHA) regulations (29 Code of Federal Regulations [CFR]
1910.120) and California Division of Occupational Safety and Health (Cal/OSHA)
regulations (8 California Code of Regulations [CCR] 5192) to address worker
health and safety issues during construction.
3. The requirement that all construction crew members be trained regarding best
practices for the proper transport, use, and storage of hazardous construction
materials and the appropriate handling, stockpiling, testing, and disposal of
excavated materials prior to beginning work.
Soil Contamination
1. Procedures for the proper handling, stockpiling, testing, and disposal of excavated
materials in accordance with CCR Title 14 and Title 22.
2. Soil contamination evaluation and management procedures, including how to
properly identify potential contamination (e.g., soil staining, odors, or buried
material), the requirement that construction activities within a 50-foot-radius of
potentially contaminated soil be halted until the hazard has been assessed and
appropriately addressed, the requirement that access to potentially contaminated
areas be limited to properly trained personnel, and procedures for notification and
reporting, including internal management and local agencies (e.g., fire department,
City of San Luis Obispo), as needed.
3. Monitoring of ground-disturbing activities for soil contamination may include
visual and organic vapor monitoring by personnel with appropriate hazardous
materials training, including 40 hours of Hazardous Waste Operations and
Emergency Response (HAZWOPER) training.
4. If visual and organic vapor monitoring indicates signs of suspected contaminated
soil, then soil samples shall be collected and analyzed to characterize soil quality.
5. Evaluation of all potentially contaminated materials encountered during project
construction activities in accordance with applicable federal, State, and local
regulations and/or guidelines governing hazardous waste. All materials deemed to
be hazardous shall be remediated and/or disposed of following applicable
regulatory agency regulations and/or guidelines. Disposal sites for both remediated
and non-remediated soils shall be identified prior to beginning construction. All
evaluation, remediation, treatment, and/or disposal of hazardous waste shall be
supervised and documented by qualified hazardous waste personnel.
Hazardous Construction Materials
1. Appropriate work practices necessary to effectively comply with applicable
environmental laws and regulations, including hazardous materials management,
handling, storage, disposal, and emergency response. These work practices include
the following: an on-site hazardous material spill kit shall be provided for small
spills; totally enclosed containment shall be provided for all trash; and all
construction waste, including trash, litter, garbage, other solid waste, petroleum
products, and other potentially hazardous materials, shall be removed to an
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appropriate waste facility permitted or otherwise authorized to treat, store, or
dispose of such materials.
2. The requirement that hazardous construction materials must be stored and
equipment must be refueled at least 50 feet from storm drain inlets, creeks, and
other drainage features and covered with tarps or stored inside buildings to ensure
that materials are not released to the air during windy conditions or exposed to rain.
3. Procedures for proper containment of any spills or inadvertent releases of hazardous
materials.
4. Notification requirements in the event of an accidental release of hazardous
materials into the environment. Construction crew members shall immediately
notify a construction foreperson who shall then report the release to the City of San
Luis Obispo to ensure the release is remediated in accordance with City
requirements.
Monitoring Program: Mitigation Measure HAZ-1 shall be incorporated into project grading and
building plans for review and approval by the City Community Development Department.
Compliance shall be verified through submittal of a Hazardous Materials Management Plan to the
City Community Development Department. Mitigation Measures AQ-3 and AQ-4 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 SLOAPCD, as necessary. The applicant shall submit the
geologic evaluation detailed in measure AQ-3 to the City Community Development Department
upon completion.
Hydrology and Water Quality
Implement Mitigation Measure BIO-7.
Monitoring Program: Delineation requirements of Mitigation Measure BIO-7 shall be
incorporated into the project grading and building plans for review and approval by the City
Community Development Department. Compliance shall be verified by the City prior to the start
of construction and during regular inspections, as necessary.
Land Use and Planning
Implement Mitigation Measures BIO-1 through BIO-7.
Monitoring Program: The survey requirements of Mitigation Measures BIO-1, BIO-2, BIO-4,
and BIO-5 and delineation requirements of Mitigation Measure BIO-7 shall be incorporated into
the project grading and building plans for review and approval by the City Community
Development Department. Compliance shall be verified through submittal of an obscure bumble
bee survey report, a northern California legless lizard survey report, a preconstruction nesting bird
survey report, and a roosting bat survey report to the City Community Development Department.
Mitigation Measure BIO-6 requires construction personnel to participate in environmental
awareness training and sign a sign-in sheet following the training. The sign-in sheet shall be
submitted to the City Community Development Department to confirm that all construction
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personnel have attended. Compliance shall be verified by the City prior to the start of construction
and during regular inspections, as necessary.
Noise
N-1 For the entire duration of the construction phase of the project, the following Best
Management Practices (BMPs) shall be adhered to:
1. Stationary construction equipment that generates noise that exceeds 60 A-weighted
decibels (dBA) at the project boundaries shall be shielded with the most modern
noise control devices (i.e., mufflers, lagging, and/or motor enclosures).
2. Impact tools (e.g., jack hammers, pavement breakers, rock drills, etc.) used for
project construction shall be hydraulically or electrically powered wherever
possible to avoid noise associated with compressed air exhaust from pneumatically
powered tools.
3. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed
air exhaust shall be used.
4. All construction equipment shall have the manufacturers’ recommended noise
abatement methods installed, such as mufflers, engine enclosures, and engine
vibration insulators, intact and operational.
5. All construction equipment shall undergo inspection at periodic intervals to ensure
proper maintenance and presence of noise control devices (e.g., mufflers,
shrouding, etc.).
N-2 Construction plans shall note construction hours, truck routes, and all construction noise
BMPs, and shall be reviewed and approved by the City Community Development
Department prior to issuance of grading/building permits. The City shall provide and post
signs stating these restrictions at construction entry sites prior to commencement of
construction and maintained throughout the construction phase of the project. All
construction workers shall be briefed at a preconstruction meeting on construction hour
limitations and how, why, and where BMP measures are to be implemented.
N-3 For all construction activity at the project site, additional noise attenuation techniques shall
be employed as needed 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, but are not limited to:
Sound blankets shall be used on noise-generating equipment;
Stationary construction equipment that generates noise levels above 65 dBA at the
project boundaries shall be shielded with a barrier that meets 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;
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 A.M. and 7:00 P.M., Monday through Saturday. No movement of
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heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving,
Labor Day); and
Temporary sound barriers shall be constructed between construction sites and
affected uses.
N-4 The project contractor shall inform residents and business operators at properties within
300 feet of the project of proposed construction timelines and noise compliant procedures
to minimize potential annoyance related to construction noise. Signs shall be in place prior
to and throughout grading and construction activities informing the public that noise-
related complaints shall be directed to the construction manager prior to the City’s
Community Development Department.
Monitoring Program: Construction plans shall note construction hours, truck routes, and all
construction noise BMPs, and shall be reviewed and approved by the City Community
Development Department prior to issuance of grading/building permits. Compliance shall be
verified by the City prior to the start of construction and during regular inspections, as necessary.
Tribal Cultural Resources
Implement Mitigation Measures CR-1 through CR-3.
Monitoring Program: 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, BIO-1 through BIO-7, CR-1 through CR-3,
HAZ-1, and N-1 through N-4.
Monitoring Program: Mitigation Measures AQ-1 through AQ-4 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 SLOAPCD, as necessary. The applicant shall submit the geologic evaluation detailed in
Mitigation Measure AQ-3 to the City Community Development Department upon completion. The
survey requirements of Mitigation Measures BIO-1, BIO-2, BIO-4, and BIO-5 and delineation
requirements of Mitigation Measure BIO-7 shall be incorporated into the project grading and
building plans for review and approval by the City Community Development Department.
Compliance shall be verified through submittal of an obscure bumble bee survey report, a northern
California legless lizard survey report, a preconstruction nesting bird survey report, and a roosting
bat survey report to the City Community Development Department. Mitigation Measure BIO-6
requires construction personnel to participate in environmental awareness training and sign a sign-
in sheet following the training. The sign-in sheet shall be submitted to the City Community
Development Department to confirm that all construction personnel have attended. Compliance
shall be verified by the City prior to the start of construction and during regular inspections, as
necessary. The conditions of Mitigation Measures CR-1 through CR-3 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. Mitigation
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Measure HAZ-1 shall be incorporated into project grading and building plans for review and
approval by the City Community Development Department. Compliance shall be verified through
submittal of a Hazardous Materials Management Plan to the City Community Development
Department. Construction plans shall note construction hours, truck routes, and all construction
noise BMPs, and shall be reviewed and approved by the City Community Development
Department prior to issuance of grading/building permits. Compliance shall be verified by the City
prior to the start of construction and during regular inspections, as necessary.
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
1. 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-
0386-2020, USE-0387-2020, PDEV-0001-2021, & EID-0528-2021). A separate, full-size
sheet shall be included in working drawings submitted for a building permit that lists all
mitigation measures, 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 demonstrate compliance with all mitigation measures and conditions,
applicable to the project site, established under the Planned Development Overlay Ordinance
and associated Mitigated Negative Declaration (PDEV-0001-2021 & EID-0528-2021).
3. The Use Permit shall be reviewed by the Community Development Director for compliance
with conditions of approval, or to determine whether a modification of the Use Permit is
necessary upon significant change to the project description, approved plans, and other
supporting documentation submitted with this application or in the event of a change in
ownership which may result in deviation from the project description or approved plans.
Minor changes to the description may be approved by the Community Development Director;
substantial modifications shall require modification of the Use Permit.
4. Plans submitted for a building permit shall include a sediment and erosion control plan that
protects the creek banks and channel from erosion and prevent sedimentation of the creek
near and downstream from the site. Current Best Management Practices (BMP) should be
utilized. Washing of concrete, paint, tools, or equipment shall occur only in areas where
polluted water and materials can be contained and removed from the site.
5. Plans submitted for a building permit shall not include any improvements, modifications, or
grading within the top of bank of the creek channel.
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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 the Development Review application.
7. Plans submitted for a building permit shall incorporate the design considerations as described
at the ARC hearing on November 1, 2021, the final designs of the proposed project shall be
modified to incorporate the following items, subject to the satisfaction of the Community
Development Director:
a. Consider a material change to the wainscoting on the base of Building A - veering and
cap to add more authenticity.
b. Consider a plane change on Building A such as adding a smooth surface like faux stone,
cast concrete, or incorporate matching tile.
8. Plans submitted for a building permit shall include recessed window details or equivalent
shadow variation, 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.
9. 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 shall
include bicycle lockers or interior space or other area for the storage of long-term bicycle
spaces. Short-term bicycle racks such as “Peak Racks” shall be installed in close proximity
to, and visible from, the main entry into the buildings (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.
10. Plans submitted for a building permit shall clearly depict the location of all required electric
vehicle (EV) ready and EV capable parking required for non-residential uses. Sufficient detail
shall be provided about the placement and design of EV equipment and raceway for future
supply, to the satisfaction of the Chief Building Official and the Community Development
Director.
11. 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
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
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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.
12. 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.
13. 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. A landscape buffer shall be provided
between the fence screening the storage area and the back of sidewalk. 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.
14. 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.
15. Plans submitted for a building permit, shall provide mature landscaping along the street
frontage between the trash enclosure and the street, and between the parking areas and the
back of sidewalk, landscaping in these areas shall be of an evergreen species and a minimum
size of 5 gallons to screen vehicle headlights from shining into the right-of-way, landscaping
shall complement the buildings architecture, subject to the satisfaction of the Community
Development Director.
16. 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).
17. 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.
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18. Plans submitted for a sign permit shall be in substantial conformance with the sign program
submittal provided for this entitlement. Modifications to this sign program or additional
signage may require additional review by the Architectural Review Commission or the
Community Development Director, as deemed appropriate.
Engineering Division – Public Works/Community Development
19. Any required off-site public improvements related to conditions of approval or mitigation
measures shall be completed under a separate public improvement plan submittal.
Improvements located within the public right-of-way will require a separate encroachment
permit an associated inspection fees. A separate plan review fee payable to the Public Works
Department will be required for the review of the improvement plan submittal. Said review
fee shall be in accordance with the miscellaneous public improvement plan review fee
resolution in effect at the time of the permit application submittal.
20. Plans submitted for a building permit or public improvements shall include complete frontage
improvements or demonstrate that existing improvements are upgraded per city standard
(Municipal Code 12.16.05).
21. The building plan submittal shall show and label all property line dimensions and bearings,
and all existing and proposed public and private easements for reference.
22. Plans submitted for a building permit shall demonstrate compliance with Parking and
Driveway Standards for the driveway and parking areas for dimension, maneuverability,
slopes, drainage, and materials. Alternate paving materials are recommended for water
quantity and/or quality control purposes and in the area of existing or proposed trees and
where the driveway or parking area may occur within the dripline of any tree. Alternate
paving material shall be approved to the satisfaction of the Planning Division.
23. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be
repaired or replaced to the satisfaction of the Public Works Director.
24. Plans submitted for public improvements shall include a new street light at the existing
mid-block crosswalk on Ramona Drive adjacent to the existing shopping center driveway
entrance, subject to the satisfaction of the Public Works Director.
25. The building plan submittal shall include a complete site utility plan. All existing and
proposed utilities along with utility company meters shall be shown. Existing underground
and overhead services shall be shown along with any proposed alterations or upgrades.
Services to the new structures shall be underground. All work in the public right-of-way shall
be shown or noted.
26. The building plan submittal will clearly label all creeks, top of bank and creek setbacks.
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27. The building plan submittal shall include a complete grading and drainage plan for this
project. The plan shall show the existing and proposed contours and/or spot elevations to
clearly depict the proposed grading and drainage. Show and label the high point elevation or
grade break at the yard areas and drainage arrows to show historic drainage. Include the
finished floor elevation of the proposed structures. Show all existing and proposed drainage
courses, pipes and structures; indicate the size, type and material.
28. Any proposed stormwater features or other improvements located within the Public
right-of-way shall be specifically reviewed and approved by the city. If approved,
improvements shall require the recordation of an encroachment agreement.
29. The building plan submittal shall include a complete drainage report and plans prepared in
accordance with the Waterway Management Plan, Volume III, Drainage Design Manual,
Floodplain Management Regulation, and the Post Construction Stormwater Requirements as
promulgated by the Regional Water Quality Control Board.
30. Prior to building permit issuance for Building B, the applicant shall obtain approval of a plan
that addresses the existing 42" storm drain located within the proposed building
footprint. The improvement plans may show the existing 42" stormdrain to remain, be re-
oriented, or relocated, subject to the satisfaction of the Public Works Director. Public
drainage easement(s) shall be provided for onsite stormdrain(s) that are to be publicly
maintained. Existing public drainage easement(s) may be abandoned in favor of a privately
maintained system. Additional environmental permitting may be required for relocation or
re-orientation of the storm drain outfalls or for construction within the creek setback.
31. The final drainage strategy shall reduce and/or eliminate the number of new storm drain outlet
structures located within the creek channels, subject to the satisfaction of the Public Works
Director.
32. A new public storm drain easement shall be recorded prior to plan approval/permit issuance.
The portion of the existing easement that extends onto this parcel shall be abandoned
accordingly. Exhibits required for the easement and abandonment shall be prepared by the
owners’ engineer or surveyor to the satisfaction of the Public Works Director.
33. This property is located within a designated flood zone as shown on the Flood Insurance Rate
Map (FIRM) for the City of San Luis Obispo. As such, all new structures shall comply with
all Federal Emergency Management Agency (FEMA) requirements and the city’s Flood
Damage Prevention Regulations per Municipal Code Chapter 17.78.
34. The building plan submittal shall include a copy of the most current drainage report. The
report and plans shall clarify that the building structure, building service equipment,
additional insurance benefits may be realized by providing a freeboard of at least two feet.
35. The building plan submittal shall include a complete erosion control plan in accordance with
city standards and Best Management Practices (BMP).
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36. Work adjacent to, over, or within a channel or creek may require the approvals of California
Department of Fish and Wildlife (CDFW), The Army Corp of Engineer’s, and/or the Regional
Water Quality Control Board. A copy of any required permits or a written permit waiver or
exemption for the same shall be provided to the City prior to demolition, grading, and/or
building permit issuance.
37. An operations and maintenance manual will be required for the post construction stormwater
improvements. The manual shall be provided at the time of building permit application and
shall be accepted by the City prior to building permit issuance. A private stormwater
conveyance agreement will be required and shall be recorded prior to final inspection
approvals.
38. Environmental Protection Agency (EPA) Requirement: General Construction Activity Storm
Water Permits are required for all storm water discharges associated with a construction
activity where clearing, grading or excavations result in land disturbance of one or more acres.
Storm water discharges of less than one acre, but which is part of a larger common plan of
development or sale, also requires a permit. Permits are required until the construction is
complete. To be covered by a General Construction Activity Permit, the owner(s) of land
where construction activity occurs must submit a completed "Notice of Intent" (NOI) form,
with the appropriate fee, to the State Regional Water Quality Control Board. An application
is required to the State Board under their recently adopted Stormwater Multi-Application,
Reporting, and Tracking System (SMARTS).
39. The building plan submittal shall include a copy of the Storm Water Pollution Prevention Plan
(SWPPP) for reference. Incorporate any erosion control measures into the building plans as
required by the Board, identified in the SWPPP, and in accordance with Section 10 of the
city’s Waterways Management Plan. The building plan submittal shall include reference to
the WDID number on the grading and erosion control plans for reference.
40. Prior to building permit issuance, the applicant shall record a common driveway agreement
and a shared parking agreement, subject to the satisfaction of the Public Works Director.
41. The building plan submittal or improvement plan submittal shall show all existing trees on
the property with a trunk diameter of 3" or greater. Offsite trees along the adjoining property
lines with canopies and/ or root systems that extend onto the property shall be shown for
reference. The plan shall note which trees are to remain and which trees are proposed for
removal. Include the diameter and species of all trees. Tree canopies should generally be
shown to scale for reference. The City Arborist supports the proposed tree removals with the
compensatory tree plantings shown on the landscape plan and identified in the mitigation
measures of the initial study.
42. Plans submitted for a building permit shall identify street tree planting at a rate of one
15-gallon street tree for each 35 linear feet of frontage. The plans shall show all existing and
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proposed street trees. Tree species and planting requirements shall be in accordance with City
Engineering Standards.
43. Tree protection measures shall be implemented to the satisfaction of the City Arborist. The
City Arborist shall review and approve the proposed tree protection measures prior to
commencing with any demolition, grading, or construction. The City Arborist shall approve
any safety pruning, the cutting of substantial roots, or grading within the dripline of trees. A
city -approved arborist shall complete safety pruning. Any required tree protection measures
shall be shown or noted on the building plans.
Transportation Division – Public Works
44. Project shall include installation of pedestrian improvements at Palomar/Ramona per the
Bishop Peak and Pacheco Safe Routes to School Plan, Project #6 Phase 2 which includes a
bulbout, raised crosswalk and relocation of their driveway from Ramona to Palomar to reduce
conflicts with pedestrians and the bus stop. Stop bar and legend on Palomar shall be relocated
in accordance with the new bulbout.
45. Project shall implement the following pedestrian improvements identified in the Anholm
Neighborhood Greenway: 1) ADA curb ramps and high visibility crosswalk on the north side
of the Broad and Meinecke intersection, and 2) ADA curb ramp and bulbout on the southwest
corner of Ramona and Broad Street. NOTE: The Anholm Neighborhood Greenway is
included in the TIF Program, therefore these improvements are eligible for TIF credits.
46. Parking shall be restricted on either side of driveways to maintain adequate sight distance for
exiting vehicles.
Fire Department
47. Plans submitted for a building permit shall demonstrate that the project can meet minimum
required fire flow for fire sprinkler systems in each building, based on proposed construction
type. Fire flow data can be obtained from the Wallace Group.
48. Plans submitted for a building permit shall identify the construction type and occupancy
classification(s) for proposed buildings, subject to the satisfaction of the Fire Marshal.
Utilities Department
49. The construction plans for sewer and water services shall be in accordance with the
engineering design standards in effect at the time the building permit is approved.
50. The proposed utility infrastructure shall comply with the latest engineering design standards
effective at the time the building permit is obtained and shall have reasonable alignments
needed for maintenance of public infrastructure along public roads.
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51. The existing sewer lateral(s) for the existing building located at 55 Broad Street (“The Palms”)
shall be inspected per Chapter 13.08.395 of the City’s Municipal Code and the inspection
shall be submitted with the building permit submittal. Submit the inspection video to the
Permit Technician in Community Development, Engineering Development Review.
52. The project is within a sewer capacity constrained area and shall replace 39 sewer laterals
within the same capacity constrained sewer basin to meet the wastewater offset requirements
of Municipal Code Ordinance 13.08.396, (26 laterals associated with permits for Building A
and 13 laterals associated with permits for Building B), to the satisfaction of the Utilities
Director, or the sewer lateral serving the existing building located at 71 Broad Street (“The
Oaks”) shall disconnect from the existing sewer along the creek and reroute a new sewer
lateral, such that the existing sewer main along the creek, may be abandoned within the project
(between Manhole I06-48 at the intersection of Palomar and Ramona, to the southerly
boundary of “The Oaks” parcel), subject to the satisfaction of the Utilities Director. The City
may vacate the public sewer easement once the lateral is installed.
53. All utility easements dedicated to the City shall comply with the latest engineering design
standards and shall have reasonable alignments needed for maintenance of public
infrastructure.
54. 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 commercial facilities shall also provide an area to wash floor mats,
equipment, and trash cans. The wash area shall be inside, drained to the sanitary sewer, and
an environmental compliance permit shall be filed prior to issuance of occupancy permit.
55. Water service meter(s) shall be adequately sized to serve the project’s proposed units. The
proposed housing units have a commercial use and shall be separately metered by parcel
boundary; service lines shall not cross parcel boundaries per MC 13.04.120.
56. A separate meter shall be provided for the non-residential landscape areas greater than 1,000sf
[2016 Green Building Code A5.304.2 Water Code Section 535 and City Uniform Design
Criteria] and shall comply with the requirements of Municipal Code Section MC 17.87.020-
C.2.
57. The project shall have a separate fire service connection, protected by a double detector check
valve per City standards.
58. The project will result in increased water usage on site and shall perform frontage
improvements along the northern property boundary. These improvements include replacing
the existing 10” cast iron water main within Ramona with approximately 790-feet of new 12”
C900 water main along the north frontage, and in accordance to the City Standards. The
existing water main shall be abandoned per City Standards. The new water main shall be
installed or bonded for prior to permit issuance of the first building, and shall be installed and
accepted by the City prior to certificate of occupancy of the first constructed building.
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59. The existing fire hydrants located within 150-feet of the proposed building footprint on the
Palomar, Ramona, and Broad Street frontages shall be removed and replaced with hydrants
that meet City Standards. The new fire hydrants shall be installed or bonded for prior to permit
issuance of the first building, and shall be installed and accepted by the City prior to certificate
of occupancy of the first constructed building.
60. Potable city water shall not be used for major construction activities, such as grading and dust
control, as required under Prohibited Water Uses; Chapter 13.07.070.C of the City’s
Municipal Code. Recycled water is available through the City’s Construction Water Permit
program.
61. The building permit submittal shall include a completed Maximum Applied Water Allowance
(MAWA) form based on the final landscape design plan and a hydrozone table with a
summary of Estimated Total Water Use (ETWU) and the corresponding irrigation window.
The MAWA and ETWU calculator is available at: www.slocity.org/government/department‐
directory/utilities‐department/documents‐and‐files.
62. The building permit submittal shall include a final landscape design plan that includes all the
criteria required in the City Engineering Standards Uniform Design Criteria for Landscaping
and Irrigation.
63. The building permit submittal shall include a final irrigation plan that includes all the criteria
required in the City Engineering Standards Uniform Design Criteria for Landscaping and
Irrigation.
64. The building permit submittal shall include a soils management report that includes at a
minimum the criteria required in the City Engineering Standards Uniform Design Criteria for
Landscaping and Irrigation.
65. Projects generating more than two cubic yards of total waste shall comply with AB 1826, and
local waste management ordinance to reduce greenhouse gas emissions.
66. A trash enclosure capable of storing the required bins for waste, recycling, and organics shall
be provided.
67. Please provide the Garbage Company's letter on the plans, which will need to confirm truck
access and clearances needed to reach the trash bins.
68. Trash enclosures shall drain to a vegetative swale and shall not drain to the sewer.
Indemnification
69. 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
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(“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 Dandekar, seconded by Commissioner Hopkins, and on the
following roll call vote:
AYES: Commissioners Dandekar, Francis, Hopkins, Wulkan, Vice-Chair Quicney and
Chair Jorgensen
NOES: None
REFRAIN: None
ABSENT: Commissioner Kahn
The foregoing resolution was passed and adopted this 23rd day of March, 2022.
___ __________________________
Tyler Corey, Secretary
Planning Commission