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HomeMy WebLinkAboutR-9594 Approving Use Permit, Vesting Tract Map, EIR for 3592 Broad StreetRESOLUTION NO.9594 (2004 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A USE PERMIT, VESTING TENTATIVE TRACT MAP AND ENVIRONMENTAL REVIEW FOR A MIXED -USE CONDOMINIUM PROJECT WITH 82 DWELLINGS AND 31,280 SQUARE FEET OF COMMERCIAL FLOOR AREA U/TR/ER 24-03 (3592 Broad Street) WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on August 3, 2004, for the purpose of considering Application U/TR/ER 24-03, commonly referred to as the Broad Street Mixed -Use Project; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 23, 2004 and September 10, 2003, for the purpose of formulating and forwarding recommendations to the City Council regarding the project; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council has considered the proposed Mitigated Negative Declaration for and has determined that the environmental document adequately addresses the potential environmental impacts of the project; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by the Planning Commission and staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: Section 1. Environmental Review. The proposed Mitigated Negative Declaration for the project adequately identifies all of the potential impacts of the project and the mitigation measures and monitoring programs listed in Exhibit A are necessary to reduce potentially significant impacts to less than significant levels. Section 2. Subdivision Findings. The following findings are hereby made in support of the proposed condominium subdivision. The proposed map is consistent with the General Plan because the subdivision will provide for mixed use residential development, consistent with the requirements and limitations of the C-S zone. R 9594 Resolution No. 9594 (2004,Series) Page 2 2. The design of the proposed subdivision is consistent with the General Plan because the project helps meet the City's goal of maintaining a compact urban form. 3. The site is physically suited for the proposed type of development because it is an under- developed siteadjacentto existing street rights -of -way with complete City services. 4. As conditioned, the site is physically suitable for the proposed density of development because the site is within an existing City block, services are available to serve the development, and utilities have been designed to serve the site per City standards. 5. The design of the subdivision is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because the creek on the project site is going to be enhanced and maintained to provide significantly improved habitat over the current condition. 6. The design of the subdivision is not likely to cause serious public health problems because environmental impacts, such as noise, are mitigated by design and buildings in the subdivision will be designed to meet existing building and safety codes. 7. The design of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because the project will not conflict with any existing easements. Section 3. Mixed Use Project Findings. The following findings are required by the Zoning Regulations (Section 17.08.072) and are hereby made in support of the proposed mixed use project. 1. The project's mixed uses are consistent with the General Plan and are compatible with their surroundings, with neighboring uses, and with each other because (1) all of the uses proposed are allowed or conditionally allowed in the C-S zone, (2) as conditioned, adjacent environmental noise and manufacturing activities will be disclosed to residents of the project in the CC&R's, and (3) the uses that are allowed have been chosen to insure compatibility and this use permit may be reviewed by the City if reasonable written complaints are received from residents of the project or the Police Department. 2. The project's design protects the public health, safety and welfare because environmental impacts have been identified and mitigated in the design of the project and the project has been designed in a manner that is consistent with City standards and policies, such as the City's Waterways Management Plan. 3. The mixed uses provide greater public benefits than single -use development of the site because it provides a large number of residential units that are affordable by design, and provides for alternative transportation use by residents and employees (transit stop, showers and lockers for employees, a mix of services that keep employees and residents on -site during the lunch hour, located along bike route). Mandatory Finding for More Restrictive Standards (parking limitations) 4. Site specific property development standards are needed to protect all proposed uses of the site and adjacent business because there is no on -street parking at either the Broad Resolution No. 9594 (2004`6eries) - Page 3 Street or Sacramento Drive frontages of the project site. 5. A mixed -use parking reduction of 26% is appropriate because parking areas on the site are shared and the peak hours of parking demand differ between the residential and commercial uses on the site. Section 4. Master Use Permit Findings. This permit is intended to serve as a Master Use Permit for Special Considerations, Restaurants, Medical Services — Doctor's Office, Office — Production and Administrative, and Office - Processing. Special Considerations (Required Findings) The project is supported by Cal -Trans, which reviewed the preliminary design of the driveway entrances and exits and participated in the environmental review of the project. 2. Necessary public improvements are being secured through the permitting of the development, including frontage improvements, street trees, traffic signal improvements, street lighting and fire hydrants. 3. Site drainage has been designed consistent with the requirements of the Waterways Management Plan, in consideration of the unique site constraints, such as the culvert of Orcutt Creek at the southwest property line. 4. The project insures safe, orderly development within the Broad Street Annexation Area because the project helps satisfy City goals for maintaining compact urban form and is consistent with the General Plan. Medical Services (Required Findings) 1. Medical services are compatible with surrounding land uses because adequate parking is provided on -site to accommodate a wide range of mixed uses and, as conditioned, 2. The project site is located along Broad Street, a street designated as an arterial, and Sacramento Drive, a street designated as a commercial collector in the Circulation Element and has convenient access to public transportation because of a transit stop located at the Broad Street project frontage. 3. The proposed medical service will not significantly increase traffic in residential neighborhoods because the project site has access to Broad Street and is not located adjacent to a residential neighborhood. Public use of the proposed medical services does not require on -site traffic to pass through the residential area. Resolution No. 9594 (2004 Series) Page 4 4. The proposed medical service is consistent with the Airport Land Use Plan (ALUP) because the Airport Land Use Commission approved offices for the project site and the overall development is consistent with the Safety Policies of the ALUP. 5. The project will not preclude service commercial uses in areas especially suited for these uses when compared with medical services because the project site is especially suited for a mixed -use project because of its location. Offices (Required Findings) 1. Offices will be compatible with existing and proposed uses in the area because the project site has access to Broad Street, public transportation, bike routes and convenience facilities for employees are anticipated on -site. 2. The project location will not significantly direct traffic to use streets in residential zones because there are no residential zones bordering the project site. 3. The project will provide adequate mitigation to address potential impacts related to noise, light and glare, loss of privacy and other impacts on nearby residential - areas because, as a mixed -use project, these considerations are integral part of the project design. 4. The project will not preclude industrial or service commercial uses in areas especially suited for these uses because the proposed location is more suited to the types of retail and service uses allowed in the Service Commercial zone, than it is to industrial uses because of the high visibility of the Broad Street corridor. 5. The project will not create a shortage of C-S zoned land available for service commercial or industrial development because there are vacant, developable and under-utilized properties through -out the City in the C-S zone and the City is currently developing Specific Plans for two major expansion areas that will be able to accommodate these uses. Section 6. Conditions of Approval. The Council does hereby establish the following conditions of approval. Mixed -Use Project Conditions The Inclusionary Housing Requirement for the project is 10 ADUs. A minimum of 6 affordable dwelling units shall be provided by the developer in a manner consistent with the City's Affordable Housing. Standards, to include at least 3 rentals and 3 for -sale units (two separate duplex units and one tri-plex unit, floor plans to the approval of the Community Development Director). No two Affordable Dwelling Units may be located within the same building. The applicant may pay a pro -rated Inclusionary Housing Fee to meet the full requirement, or provide four additional ADUs on site, to the approval of the Community Development Director. Resolution No. 9594 (2004 Series) Page 5 2. Occupants of each residential unit within the project site shall be limited to a maximum collective ownership of two automotive vehicles (cars, trucks, vans). The CC&R's for the project shall include an affidavit to this effect which must be signed by each owner or tenant as certification that each unit is in compliance with the requirement. The language of the affidavit shall be to the approval of the City Attorney and Community Development Director. 3. Garages within the project shall be used exclusively for parking vehicles and may not be used for general storage, recreation or other uses that would prevent the parking of vehicles as required by the Zoning Regulations. 4. CC&R's shall address use of facilities by non-resident guests, alcoholic beverage consumption in common areas, and shall provide sufficient penalties to address violations, to the approval of the Community Development Director. 5. The project CC&R's shall include a requirement that all owners and their tenants consent to the higher noise levels they will experience living on the project site, and that these noise levels may increase in the future as additional properties build out and existing businesses expand their operations. The CC&R's will state that the project site is located in an area designated for services and manufacturing and the City's Noise Ordinance does not include the same protections in this area as it does for residential neighborhoods, to the approval of the Community Development Director. 6. The Mixed Use Project is subject to the use matrix provided in Exhibit B of this resolution. Modifications to the use matrix require the approval of the Planning Commission. 7. Restaurant uses on the project site shall be required to include interior spaces for the storage of food scraps and other waste and shall contract for daily garbage service, to the approval of the Architectural Review Commission or the Community Development Director. Refuse storage areas shall be kept clean and odor free. If trash must be relocated from the interior space of a restaurant to one of the exterior trash enclosures on - site, it shall be done as close as possible to the trash pick-up time. To address noise issues, plans for tenant improvements shall be evaluated to keep kitchen areas away from exterior doors and windows, where residential units are located above. 8. The CC&R's for the project shall limit restaurant activities that create very strong odors, such as coffee roasting. Complaints relative to restaurant or other odors will be evaluated by the Administrative Hearing Officer, per condition #11. 9. Hours of operation for all commercial uses on the project site are limited to between 8 a.m. and 6 p.m., unless the Director approves an Administrative Use Permit for extended hours. 10. The property managers for the project shall be required to maintain an updated and accurate parking calculation worksheet for the commercial portions of the project site. n Resolution No. 9594 (2004 Series) Page 6 n, The worksheet shall be submitted to the Community Development Department with every use permit application required by this resolution. 11. This use permit shall be reviewed by the Administrative Hearing Officer if any reasonable written complaint is received from any citizen or from the Police Department. At the review hearing the Hearing Officer may establish additional conditions of approval as deemed necessary to insure on -going compatibility between commercial and residential uses on the project site. The Hearing Officer may refer the complaint to the Planning Commission at his/her discretion. 12. The applicant shall provide a continuous sidewalk between the project site and the Industrial Way intersection with Broad Street in order to provide residents of the project with safe and convenient access to the Damon Garcia Sports Fields. Transportation Conditions 1. Striping and Signage. The developer shall provide a signing and striping plan showing changes resulting from the project, to the satisfaction of the Public Works Director. Said plan shall include travel lanes, bike lanes, traffic signals, street lighting, and associated signage. 2. Bicycle Lanes. The applicant shall stripe bicycle lanes along the project's Sacramento Drive frontage, consistent with the Bicycle Transportation Plan. Applicant shall submit a cross section plan for Sacramento Drive showing how the bike lanes will be accomplished across property frontage and adjoining parcels between Capitolio Way and the southern edge of the project site. 3. Main Driveway — The width of the main access drive shall be adjusted to accommodate one incoming lane and two outbound lanes (12 m minimum). 4. Prado Intersection. Project plans submitted for a building permit application shall include the most current Prado Road intersection information which will determine the location of handicap ramps and crosswalks on the project's Broad Street frontage.. 5. Traffic Signals. Prior to the issuance of building permits, applicant shall request of receive from Caltrans all necessary permits to install traffic signals at the Capitolio— Broad and Prado-Broad Street intersections. As a condition of project occupancy, applicant shall complete the installation of said traffic signals, to the approval of Caltrans and the Public Works Director. All proposed traffic signals will be constructed with emergency preemption actuation (Opticom). If Caltrans does not support traffic signal installation at the time of issuance of the project's building permits, applicant shall install the traffic signal conduit and pull boxes and bond for the full cost of the signal's design and installation, for a period not less than five years and annually submit a signal warrant analysis to Caltrans and the City to monitor the need for signalization. The applicant is also required to provide an Resolution No. 9594 (2004 series) Page 7 alternative traffic management plan (striping, turn movement restrictions, etc.) for approval by Cal Trans and the Public Works Director as a condition of occupancy. If the traffic signal is installed at the time of project development, applicant may request partial reimbursement of costs from the Public Works Director as a credit toward the requisite transportation impact fee. If traffic signal installation is deferred pending Caltrans concurrence, applicant may request a rebate of a portion of the transportation impact fee at the time that the signal is actually installed. The amount of fee credits or rebates shall be as determined by the Public Works Director, taking into consideration the project's percentile contribution to forecasted traffic volume on Capitolio Way that causes level of service to exceed LOS D at the Capitolio-Broad intersection, or the percentile increase in average vehicle delay attributable to project traffic. 6. Pedestrian Facilities. The proposed pedestrian bridge over the creek that bisects the site shall have a minimum clear inside width of 2.4 m (8 feet) with ramps at either end to accommodate people with disabilities. Applicant shall provide an on -site pedestrian walkway connection from the Prado/Broad Street intersection to the residential development on the east side of the creek. 7. Broad Street Sidewalk. The public sidewalk on Broad Street shall be relocated to the edge of the public right of way to provide an additional landscape buffer between the sidewalk and Broad Street. 8. Transit Turnout and Shelter. The applicant shall work with the City Transit Manager and owners of adjoining property to the north (Stanley Motors property) to establish a transit turnout and shelter along Broad Street. The turnout shall be located north of the project's Broad Street driveway and its design shall comply with Engineering Standard 4920, accommodating a single transit vehicle. The design of the transit shelter and the design and provision of any ancillary facilities (trash container, night lighting, benches, and signs) shall be consistent with standards contained in the City's Engineering Standards and the Short Range Transit Plan (SRTP). Applicant shall provide any additional right-of-way needed to accommodate the turnout. Applicant shall install all required improvements prior to project occupancy and shall receive a transportation impact fee credit for the documented costs of transit turnout construction. 9. Project CC&R's. The project's CC& R's shall include language notifying property owners that Sacramento Drive is designated as a Class 2 bike route and when the bike lanes are installed, on street parking on Sacramento Drive will be removed. Public Right-of-way Resolution No. 9594 (2004 aeries) O Page 8 1. Complete street improvements shall be constructed in accordance with the most current City regulations, City of San Luis Obispo Engineering Standards and Standard Specifications (curbs, gutters & 2m sidewalks, full width street pavement, signing, striping, barricades, street lights, etc.). Sidewalk along the Broad Street frontage shall be a 2m wide detached sidewalk with back of walk located at property line. The resulting strip between the detached sidewalk and curb shall be landscaped, including street trees street trees to the satisfaction of the Public Works and Community Development Directors. 2. A public improvement plan, prepared by a registered civil engineer, shall be submitted to the Public Works Director for review and approval. All grades, layout, staking and cut - sheets necessary for the construction of street paving and frontage improvements shall be the responsibility of the developer. 3. Access rights along Broad Street, except at approved driveway locations shown on the tentative map, shall be dedicated to the City. 4. The developer shall design medians per the Broad Street corridor plan to the satisfaction of the Public Works Director. 5. The subdivider shall dedicate a 2m wide public utility easement across the Sacramento Drive and Broad Street frontages. Said easement shall be adjacent to and contiguous with all public right-of-way lines bordering each lot. 6. The subdivider shall dedicate a 3m wide street tree easement across the Sacramento Drive and Broad Street frontages. Said easement shall be adjacent to and contiguous with all public right-of-way lines bordering each lot. 7. All proposed private streets shall comply with the City of San Luis Obispo Engineering Standards and pavement design shall be based on a Traffic Index of 6.5. 8. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk vaults, fusing, wiring, lumenaires, etc.) per City standards, including street lighting along Broad Street and Sacramento Drive. 9. The subdivider shall construct a bus turn -out, transit shelter, "Punch" post sign and trash receptacle, to the satisfaction of the Public Works Director. The Water, Sewer & Utilities 1. The proposed on site sewer main will be privately owned and maintained by the Homeowner's Association. 2. Final grades and alignments of all public water, sewer and storm drains (including service laterals and meters) shall be subject to change to the satisfaction of the Public Works Director and Utilities Engineer. Resolution No. 9594 (2004 aeries) C Page 9 3. The subdivider shall dedicate an easement for a public water system over all private streets or driveways, parking areas (including planters and raised medians) and common areas to the satisfaction of the Public Works Director and Utilities Engineer. 4. The subdivider shall place underground, all existing overhead utilities along the public street frontage(s), to the satisfaction of the Public Works Director and utility companies. 5. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall be served to each parcel to the satisfaction of the Public Works Director and serving utility companies. Utilities to new residences shall be underground. 6. The subdivider shall provide individual electrical, phone, television, natural gas, water service, and sewer connections to the approval of the affected utility companies and the Public Works Director. Grading & Drainage The rate of runoff from the site post development shall not exceed that of predevelopment for the 2, 10, 100 year and 24hour storm. Analysis and design of stormwater facilities shall be consistent with the City's Waterways Management Plan - Drainage Design Manual. 2. In order to mitigate for a decrease in water quality, the stormwater runoff from all improved areas of the development site, except rooftops, shall be treated in accordance with the Best Management Practices published in the California Stormwater Quality Association's Best Management Practice Handbook, January 2003. For the purposes of water quality design, all water quality BMPs shall be designed to treat runoff from a 25 mm/24-Hour storm event. 3. The CCRs for the project shall require that the homeowners association submit, to the City of San Luis Obispo Public Works Department, a detailed report prepared by a licensed Civil Engineer addressing the condition of all private stormwater facilities and any necessary maintenance activities on a semi-annual basis (April 30 and October 1 of each year). The CCRs for the project shall also include detailed procedures for maintenance and operations of any storm water facilities. 4. A final hydrology report indicating how the project meets the requirements of the Waterways Management Plan and other applicable City standards shall be submitted prior to map recordation. The scope of the report must include analysis of all existing public and private drainage facilities and creek capacities between this property and an adequate point of disposal. All proposed detention basin and drainage improvements, except those within a public street, shall be privately owned and maintained by the property owner and homeowners' association. Any lots or building pads, identified in the hydrology report to be subject to flooding during a 100-yr storm shall be constructed to conform with the City's flood damage prevention regulations and the City's Waterways Management Plan. The preliminary report has been submitted and accepted by the Public Works Department. Resolution No. 9594 (2004 aeries) (71 Page 10 5. All bridging, culverting and modifications to the existing creek channels must be in compliance with city standards and policies, the City's Flood Management Policy Book (specifically regarding clear spanning of creeks, etc.) and be approved by the Public Works Director, Army Corp of Engineers, and Fish & Game. 6. Any necessary clearing of existing creek and drainage channels, including tree pruning or removals, and any necessary erosion repairs shall be to the satisfaction of the Public Works Director, the City's Natural Resources Manager and the California Department of Fish & Game. 7. All lots shall be graded to preclude cross -lot drainage, or, appropriate easements and drainage facilities shall be provided, to the satisfaction of the Public Works Director. 8. General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of one or more acre. 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 Water Resources Control Board. The WDID # from the State Water Resources Control Board shall be included on all plans submitted to the City involving ground disturbing activities. Mapping Requirements The subdivider shall submit a final map -to the city for review, approval, and recordation. The map shall be prepared by, or under the supervision of a registered civil engineer or licensed land surveyor in accordance with the Professional Land Surveyors Act, the Subdivision Map Act and the Subdivision City's Regulations. 2. The map shall be tied to at least two points of the City's horizontal control network, California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import into the Geographic Information System (GIS) database. Submit this data either via email, CD or a 3-1/2" floppy disc containing the appropriate data for use with AutoCAD, version 2000 or earlier (model space in real world coordinates, NAD 83 - m). If you have any questions regarding format, please call prior to submitting electronic data. 3. The final map shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. - all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 4. Electronic files and stamped and signed drawings shall be submitted for all public improvement plans prior to map recordation or commencing with improvements, whichever occurs first. Submittal documents shall include the AutoCAD compatible Resolution No. 9594 (2004, —es) Page 11 drawing files and any associated plot files along with one original, stamped and signed, ink on mylar set of plans. 5. Prior to acceptance by the City of public improvements, the developer's engineer shall submit a digital version of all public improvement plans and record drawings, compatible with AutoCAD for Geographic Information System (GIS) purposes, in accordance with the City's Engineering Standards, to the satisfaction of the Public Works Director. 6. The map shall be recorded prior to occupancy of any of the units. Otherwise, the map shall be processed as a condo conversion per Municipal Code Chapter 17.82.. Utilities Code Requirements 1. A water allocation is required, due to the additional demand on the City's water supplies. The City currently has water to allocate, and does so on a "first -come, first -served" basis. Water is allocated at the time building permits are issued and the Water Impact Fee is paid. Both the Water and the Wastewater Impact Fees are based on a per unit basis for the residential buildings, and the size of the water meter(s) for the non-residential components of the development. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. Credit is given for existing accounts on the property. 2. Appropriate backflow prevention will be necessary on any connection to the City water system if the property includes an active well. The continued use of any well will be allowed only on the parcel containing the well. All backflow preventers shall be approved by the University of Southern California Foundation for Cross -Connection Control and Hydraulic Research. The project shall be coordinated with the County Cross -Connection Inspector, Henry Ruiz, who can be reached at 781-5567. 3. Non-residential uses require a separate connection to the public water system for automatic fire sprinklers. The fire service lateral shall include a USC approved backflow preventer appropriate for the proposed use. The backflow preventer shall be located as close to the public right-of-way as possible, in direct alignment with the connection to the public water main. The backflow preventer can be located no further than 25 feet from the right-of-way line without prior written approval of the Utilities Engineer. If the fire service supports one or more fire hydrants, the USC approved backflow preventer shall also include detector capabilities (double detector check assembly). The FDC may be located behind the backflow prevention assembly, in accordance with manufacturer's recommendations. The location and orientation of the FDC shall be approved by the Fire Department. 4. By ordinance, the applicant is required to prepare a recycling plan for approval by the City to address the recycling of construction waste for projects valued at over $50,000 or demolition of structures over 1000 square feet. The recycling plan shall be submitted to the Building Department with the building plans. The City's Solid Waste Coordinator can provide some guidance in the preparation of an appropriate recycling plan. Utilities Conditions Resolution No. 9594 (2004 series) Page 12 1. The development of the site triggers the Utilities Department Sewer Lateral Abandonment Policy. This policy states that any existing sewer lateral to the property must be abandoned at the main as a condition of development, unless the lateral is intended for use with the proposed development and it passes a video inspection. If the sewer lateral is intended for this purpose, the owner shall submit a VHS videotape documenting the internal condition of the pipe to the Utilities Department for approval. 2. The irrigation systems for common areas, parks, detention basins, and other large landscape areas shall be designed and constructed in accordance with the standards for reclaimed water use, including proper separation from potable water facilities and sanitary sewer facilities. Appropriately sized reclaimed water mains shall be constructed from the City's trunk system to these irrigation areas. If reclaimed water is not yet available, the system shall be designed and constructed to reclaimed water standards, and temporarily connected to the City's potable water system in the area of the anticipated connection to the reclaimed water system. Appropriate backflow protection shall be installed with this connection to the satisfaction of the County Cross Connection Inspector, Henry Ruiz, who can be reached at 781-5567. On motion of Council Member Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Member Ewan and Settle, and Mayor Romero NOES: Council Member Mulholland and Vice Mayor Schwartz ABSENT: None" The foregoing resolution was passed and adopted this P day of August, 2004. Q,� Mayor David F. Romero ATTEST: Diane Reynolds,C.M.C. Deputy City Resolution No. 9594 (2004 series) Page 13 APPROVED AS TO FORM: Jo atha . Lowell CitrAttorney Exhibit A — Mitigation Measures and Monitoring Programs 1. Mitigation— Air Quality Construction Phase Mitigation Measures: a. All dirt stock -pile areas shall be sprayed daily as needed. b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (nonpotable) water shall be used whenever possible. c. 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. d. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast -germinating native grass seed and watered until vegetation is established. e. All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD. f. 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. g. Reduce the amount of the disturbed area where possible. 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 shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water shall be used where feasible. • Monitoring Program: Construction phase air quality mitigation measures are monitored by the Air Pollution Control District (APCD), through a complaint based enforcement system. The requirements listed above are noted on the project plans and the City Building Inspector and Public Works Inspector for the project are instructed to contact APCD in the event of a probably violation. Members of the public can also call APCD if they are concerned about dust or other emissions from a construction site. Exhibit A 2. Mitigation— Air Ouality a. For residential units, provide all of the following: i. Increase the building energy efficiency rating by 10% above what is required by Title 24 requirements. This can be accomplished in a number of ways (increasing attic, wall or floor insulation, etc.); ii. Provide secure on -site bicycle parking for multi -family residential developments; and iii. Build new homes with internal wiring/cabling that allows telecommuting, teleconferencing, and tele-leaming to occur simultaneously in at least 3 locations in each home. b. For retail/office uses, provide all of the following: i. Increase the building energy efficiency rating by 10% above what is required by Title 24 requirements. This can be accomplished in a number of ways (increasing attic, wall or floor insulation, etc.). ii. Provide on -site bicycle parking. One bicycle parking space for every 10 car parking spaces is considered appropriate; iii. Provide on -site eating, refrigeration and food vending facilities to reduce lunchtime trips. iv. Provide preferential carpool and vanpool parking; and, v. Provide shower and locker facilities to encourage employees to bike and/or walk to work, typically one shower and three lockers for every 25 employees. vi. As indicated on page 11-8 of the project description, implement a Transportation Choices Program. The applicant shall work with the Transportation Choices Coalition partners for free consulting services on how to start and maintain a program. Contact SLO Regional Rideshare at 541-2277. vii. Plant shade trees along southern exposures of buildings to reduce summer cooling needs. viii.Use high efficiency, gas or solar water heaters. ix. Use built-in energy efficient appliances. x. Use double -paned windows. • Monitoring Program: These items are monitored through Architectural Review, where many of these items are listed as conditions of approval. The Planning Division of the Community Development Department also will review plans submitted with a building permit application to insure that the requirements listed above are noted where appropriate. Final monitoring of these requirements comes during the final inspection of the project, prior to occupancy. On- going monitoring can be implemented during reviews of the Use Permit for the project, or during reviews of subsequent use permit applications. Broad Street Mixed Use (ER 24-03) 2 of 6 Exhibit A . 3. Mitigation — Air Quality The project site is located in a Naturally Occurring Asbestos candidate area. Naturally Occurring Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects, to the approval of the APCD. The APCD monitors State air quality requirements and will be routed plans that are submitted for building permits for the project to insure compliance with all standards and requirements. APCD also responds in the field during construction on a complaint basis. • Monitoring Program: Building permits for the project will not be issued until the APCD has "signed -off' on the applicant's Asbestos Dust Mitigation Plan and Asbestos Health and Safety Program. 4. Mitigation — Biological Resources An exclusion fence delineating the required 20-foot setback shall be installed along each bank of the creek prior to construction. A qualified biological monitor shall be present during all construction or landscaping activities scheduled to take place within the barrier, to the approval of the Natural Resources Manager. • Monitoring Program: The Planning Division of the Community Development Department will review plans submitted with a building permit and require his mitigation measure to be clearly printed on all plan sheets that show any portion of the creek. The Building Inspector and Public Works Inspector will also monitor this requirement during daily inspections of the project site. 5. Mitigation — Biological Resources Erosion control measures shall be used to ensure that no sedimentation of the stream channel occurs as a result of construction activities. Broad Street Mixed Use (ER 24-03) 3 of 6 10 Exhibit A • Monitoring Program: The Planning Division of the Community Development Department will review plans submitted with a building permit and require his mitigation measure to be clearly printed on all plan sheets that show any portion of the creek. The Public Works Department will review all grading plans to insure implementation of BMPS's for soil erosion. The Building Inspector and Public Works Inspector will monitor these requirements during daily inspections of the project site. 6. Mitigation — Biological Resources Landscaping along the creek channel shall include the planting of native riparian trees such as sycamores and cottonwoods. These trees shall be maintained so that they eventually produce a canopy that will shade sections of the stream channel that are currently choked with cattails. This measure is intended to inhibit cattail growth and create more open water areas, which would improve habitat for southwestern pond turtles. • Monitoring Program: The final restoration landscaping plan for the creek will be reviewed and approved by the Natural Resources Manager who will also make a final inspection of the project to insure that the landscaping has been installed per plan, prior to project occupancy. T. Mitigation —Biological Resources Invasive plant species within the riparian corridor shall be removed from the site and disposed of in a proper manner. • Monitoring Program: The final restoration landscaping plan for the creek will be reviewed and approved by the Natural Resources Manager who will also make a final inspection of the project to insure that the landscaping has been installed per plan, prior to project occupancy. 8. Mitigation— Biological Resources The Architectural Review Commission shall review the design and location of all fencing proposed adjacent to the creek to insure consistency with the Creek Setback Ordinance and the Community Design Guidelines. • Monitoring Program: The applicant will be required to prepare a detailed fencing plan prior to final ARC review of the project. The ARC will be asked to review the design and location of the Broad Street Mixed Use (ER 24-03) 4 of 6 n Exhibit A fence, consistent with any other mitigation measures or conditions of approval required by the City Council. 9. Mitigation — Hazards (Airport) Construction of more than 61 residential units on the project site is subject to City approval of an Administrative Use Permit. The purpose of the use permit will be to evaluate consistency with the Airport Land Use Plan. The use permit will be referred to the ALUC, unless prior changes to the City's General Plan and Zoning Ordinance that are approved by the ALUC make such a referral unnecessary. • Monitoring Program: Prior to issuance of building permits for more than 61 residential units on the project site, the City must approve: an Administrative Use Permit. The Use Permit is needed to insure consistency with the Airport Land Use Plan. The Use Permit will be forwarded to the Airport Land Use Commission for a consistency determination prior to issuance of any building permit that would allow construction of more than 61 units. 10. Mitigation — Hazards (Airport) The applicant shall be required to submit proof that a real estate disclosure form and an avigation easement have been recorded, or are in the process of being recorded, prior to building permit issuance for any development on the project site. • Monitoring Program: These documents will be reviewed by the Planning Division of the Community Development Department before permits are issued for construction. 11. Mitigation — Noise— Noise The following construction methods shall be employed to achieve a Noise Level Reduction (NLR) of 20 dB for transportation related noise sources: a. Air conditioning or mechanical ventilation systems shall be provided as recommended by the noise study so that doors and windows can be kept fully closed during noisy times. b. The project shall be constructed with windows and sliding glass doors that have low air leak rate frames (less than .5 cfm per foot of crack length, per standard test). c. All exterior doors shall be of solid -core construction, with full perimeter weather stipping and threshold seals. • Monitoring Program: These requirements are routinely monitored by the Building Division of the Community Development Department during their review of plans submitted with a building permit application. Broad Street Mixed Use (ER 24-03) 5 of 6 Exhibit A 12. Mitigation — Noise A 17 dB noise level reduction is required to mitigate the noise level created by the fan at Level 3. This level of noise reduction can be achieved if the existing iron security fence that surrounds the exterior generators is modified to become a noise barrier on the south and east sides. The applicant shall replace these portions of the existing fence with a sound barrier wall of masonry construction and height of about 18 to 20 feet. • Monitoring Program: The requirement is monitored by Architectural Review of the wall design and a detailed review of building plans to insure consistency with the noise reduction requirements. The mitigation measure will be made a condition of project approval and the wall will have to be completely installed before occupancy of the project is permitted. 13. Mitigation —Noise Because of the proximity between the UPS facility parking lot and the nearest proposed residences, a continuous sound barrier along the sites common property line with the UPS property is required to achieve the required 10 dB of noise reduction. The design of the noise barrier shall be reviewed and approved by the Architectural Review Commission prior to action on this Initial Study, to insure that the proposed wall can be implemented in a manner consistent with the City's Community Design Guidelines. • Monitoring Program: The requirement is monitored by Architectural Review of the wall design and a detailed review of building plans to insure consistency with the noise reduction requirements. The mitigation measure will be made a condition of project approval and the wall will have to be completely installed before occupancy of the project is permitted. Broad Street Mixed Use (ER 24-03) 6 of 6 Exhibit B - USES ALLOWED (Broad Street Mixed -Use Project) Pefmlt t3CqulremBnt m i� tjl,erm¢ negwremenc SpeGflcuse Land Use C S ! Project Regulations AGRICULTURE Crop production and grazing �D INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING Furniture and fixtures manufacturing, cabinet shop Industrial research and development Laboratory - Medical, analytical, research, testing Laundry, dry cleaning plant Manufacturing - Light Photo and film processing lab Printing. and publishing Recycling facilities - Small collection facility Storage yard Warehousing, indoor storage Wholesaling and distribution LODGING Homeless shelter RECREATION. EDUCATION. & PUBLIC ASSEMBLY USES Bar/tavern Club, lodge, private meeting hall Fitness/health facility Night club Public assembly facility Religious facility School - Specialized education/training Special event Sports and active recreation facility Studio - Art, dance, martial arts, music, etc. Theater - Drive-in RESIDENTIAL USES Caretaker quarters Home occupation Livetwork units Mixed -use project Workflive units CIITAII Sa1.FS Auto and vehicle sales and rental Auto parts sales, with installation Auto parts sales, without installation Building and landscape materials sales, indoor Building and landscape materials sales, outoor Concurrent Sales of alcoholic beverages and motor fuel PC A PC A A D A D PC PC D D D D A D D D PC PC D171 D(7) A A D D PC PC A A PC A A H H A A PC A A A A PC A PC A A A A I Ivy .9s 1 17.08.010 1 17.08.090 17.08.120 17.08.072 Page 1 of 3 Exhibit B - USES ALLOWED (Broad Street Mixed -Use Project) rental Convenience store Extended hour retail Farm supply and feed store Fuel dealer (propane, etc) Furniture, furnishings, and appliance stores Mobile home, RV, and boat sales Produce stand Restaurant Service station (see also 'vehicle services') Warehouse stores - 45,000 sf or less gfa Warehouse stores -. more than 45,000 sl gfa SERVICES - BUSINESS. FINANCIAL & PROFESSIONAL ATMs Banksand financial services Business support services Medical service - Clinic, laboratory, urgent care Medical service - Doctor office Office - Accessary Office - Processing Office - Production and administrative Photographer, photographic studio SFRVICFS. GENERAL Catering service Cemetery, mausoleum, columbarium Copying and Quick Printer Service Day care - Day care center Equipment rental Food bank/packaged food distribution center Homeless shelter Maintenance service, client site services Mortuary, funeral home Personal services Personal services - Restricted Public utility facilities Repair service - Egwpment, large appliances, etc. Vehicle services - Repair and maintenance - Major Vehicle services - Repair and maintenance - Minor Vehicle services - Carwash Veterinary clinidhospital, boarding, large animal —Veterinary clinicthospital, boarding, small anima, indoor D D A D D A A D - A A A A D D A A 0 D PC - A A D(a) A A A D(12)' A D(12)' A A A 0(a) A D(a) A A A A A D D PC A D A D A A A 1 17.08.095 1 17 1 17.08.100 1 1 17.01.110 1 1 17.08.080 1 Page 2 of 3 O Exhibit B - USES ALLOWED (Broad Street Mixed -Use Project) Permit Requirement1:1111111. Permit Requirement Spedne use Land Use C-S Project Regwatlona e ennary clinictriospital,75araing, small anima, outdoor D TRANSOnfiTATInm A COMMHNICATIC?NS Airport Ambulance,taxi,and/or limousine dispatch facility Antennas and telecommunications facilities Broadcast studio Heliport Parking facility Parking facility - Multi -level Parking facility - Temporary Railroad facilities Transit station or terminal Transit stop Truck or freight terminal D 17.16.120 A PC D 17.08.010 D A PC Any commercial use that operates between the hours of 6:00 PM and 8:00 AM shall require prior approval of an Administrative Use Permit Key: A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required AID = Director's approval on ground floor, allowed on second floor or above. H=Home Occupation Permit Note: Footnotes affecting specific land uses and Specific Use Regulations are found in the Zoning Regulations Medical services only permitted if approved by the Council for C-S zones Citywide Page 3 of 3 c1D o 0 "- ui) � CG Loolks Lt"L+"