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HomeMy WebLinkAboutR-11547 denying an Appeal of the Planning Commission’s decision approving the Waterman Village Project (ARCH-0329-2022, EID-0637-2022)R 11547 RESOLUTION NO. 11547 (2025 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION’S DECISION APPROVING THE WATERMAN VILLAGE PROJECT (ARCH-0329-2022, EID-0637-2022) WHEREAS, the Cultural Heritage Committee 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 October 28, 2024, recommending the Planning Commission find the proposed project consistent with the City’s Historic Preservation Ordinance with four directional items related to historical signage, historic evaluation recommendations, and construction staff training; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on November 18, 2024, recommending to the Planning Commission that the proposed project is consistent with the Community Design Guidelines and applicable City Standards, with four directional items related to project timeline, color, adding on site amenities, and bike parking; 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 December 11, 2024, and adopted a resolution providing for adoption of the Initial Study/Mitigated Negative Declaration of Environmental Impact prepared pursuant to CEQA, the determination that the City’s action on the subject property to authorize and/or construct buildings or structures for the purposes of developing affordable housing is consistent with the General Plan, and approval of the proposed construction of 20 low and very low-income residential units with a parking reduction pursuant to state density bonus law, rehabilitation of the historic adobe, and associated removal of 12 trees based on findings and subject to conditions of approval; and WHEREAS, on December 17, 2024, Stephen Barasch, AIA, Ph.D, filed an appeal on behalf of the San Luis Obispo Property and Business Owners Association (SLOPBOA) of the Planning Commission’s decision on December 11, 2024; 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 March 4, 2025, for the purpose of considering the appeal of the Planning Commission’s decision to approve the project (ARCH-0329-2022 and EID-0637-2022), and has duly considered all evidence; including the record of the Cultural Heritage Committee, Architectural Review Commission, and Planning Commission hearings; testimony of the applicant, appellant, and general public; and evaluation and recommendations by staff presented at said hearing; and Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 2 R 11547 WHEREAS, notices of the aforementioned public hearings were made at the time and in the manner required by law. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo the appeal of the Planning Commission’s decision approving the Waterman Village Project is hereby denied based on the following findings: SECTION 1. Findings. The City Council hereby denies the appeal and grants final approval for the project (ARCH-0329-2022, EID-0637-2022), based on the following findings: 1. The project is consistent with the enforceable covenants found in the Grant Deed from Mary Gail Black to the City dated July 26, 1989 as well as the Resolution of Acceptance executed by Council in Resolution No. 6512 dated October 4, 1988. 2. The project is consistent with the Land Use Element of the General Plan because it supports the City’s land use designation’s purpose and application for Medium- High Density Residential land uses by providing residential units at the density level specified in the zone. 3. As conditioned, the project conforms to applicable property development standards set forth in the Zoning Regulations, for the Medium-High Density Residential (R-3) zone. The proposed uses are compatible with the project site and with existing uses in the vicinity, which include multi-family residential uses. 4. The project is consistent with Housing Element Policies 7.1 and 7.3, which encourage new development that respects neighborhood character and provides pedestrian and bicycle linkages to schools, shopping areas, and parks. 5. The project is consistent with Conservation and Open Space Element Policy 3.6.9, which requires the City to preserve and rehabilitate City-owned historic adobes through techniques that help fund rehabilitation and adaptive reuse. 6. The Cultural Heritage Committee (CHC) reviewed the project on October 28, 2024, and found the project to be consistent with the City’s Historic Preservation Ordinance, with recommendations to add interpretive signage explaining the history and significance of the adobe and site. 7. The Architectural Review Commission (ARC) reviewed the project on November 18, 2024, and found the project to be consistent with the Community Design Guidelines, with the recommendation for three modifications to the design of the project. 8. The Planning Commission reviewed the project on December 11, 2024, and adopted the Initial Study and Mitigated Negative Declaration, finding that, with the incorporation of specified mitigation measures and the mitigation monitoring program, environmental impacts of the program will be less than significant. Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 3 R 11547 9. The Planning Commission further determined that the City’s action on the subject property to authorize and/or construct buildings or structures for the purposes of developing affordable housing is consistent with the General Plan, and approved the proposed construction of 20 low and very low-income residential units with a parking reduction pursuant to state density bonus law, rehabilitation of the historic adobe, and associated removal of 12 trees based on findings and subject to conditions of approval. 10. The requests for a concession for a reduction of site development standards to reduce the required vehicle parking to provide 4 vehicle spaces where 29 are normally required, and to reduce the required bicycle parking to provide 26 bicycle spaces where 45 are normally required, are necessary to facilitate the production of affordable housing units in accordance with Density Bonus Law and consistent with the intent of Housing Element programs 2.17, 6.10, 6.11, and 6.19, and the alternative affordable housing incentives outlined in Section 17.140.070 of the Zoning Regulations. SECTION 2. Environmental Review. The City Council hereby adopts the Initial Study and Mitigated Negative Declaration that finds that with the incorporation of the following mitigation measures and the mitigation monitoring program, environmental impacts will be less than significant: Air Quality Mitigation Mitigation Measure AQ-1. During all construction activities and use of diesel vehicles, the applicant shall implement the following idling control techniques: Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment. a. Staging and queuing areas shall be located at the greatest distance feasible from sensitive receptor locations; b. Diesel idling shall not be permitted when equipment is not in use; c. 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. 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 when vehicle is not in use, except as noted in Subsection (d) of the regulation; and Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 4 R 11547 b. Shall not operate a diesel-fueled auxiliary power system to power a heater, an 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 100 feet of a restricted area, except as noted in Subsection (d) of the regulation. c. 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: https://ww2.arb.ca.gov/capp- resource-center/heavy-duty-diesel-vehicle-idling-information.  AQ-1 Monitoring Plan. The City shall verify all measures are shown on relevant site plan sheets at the time of submittal of applications for demolition, building, and construction permits. Mitigation Measure AQ-2 During all construction and ground-disturbing activities, the applicant shall implement the following particulate matter control measures such that they do not exceed the Air Pollution Control District 20% opacity limit and minimize nuisance impacts. Each measure shall be detailed on the project grading and building plans: a. Reduce the amount of the disturbed area where possible; b. Use of 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 limit of 20% opacity for greater than 3 minutes in any 60- minute period. Increased watering frequency would be required whenever wind speeds exceed 15 miles per hour. Reclaimed (non-potable) water shall be used whenever possible. When drought conditions exist and water use is a concern, the contractor or builder shall consider the use of a dust suppressant that is effective for the specific site conditions to reduce the amount of water used for dust control. Please refer to the following link from the San Joaquin Valley Air District for a list of potential dust suppressants: https://ww2.valleyair.org/compliance/dust- control/reducing-dust-emissions/; c. All stockpiled dirt shall be sprayed daily and covered with tarps or other dust barriers, as needed; d. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible, and building pads shall be laid as soon as possible after grading unless seeding, soil binders or other dust controls are used; e. 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) or otherwise comply with California Vehicle Code Section 23114; f. “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor vehicles and/or equipment (including tires) that may then fall onto any highway or street as described in CVC Section 23113 and California Water Code 13304. To prevent track-out, designate access points and require all employees, subcontractors, and others to use them. Install and operate a “track- out prevention device” where vehicles enter and exit unpaved roads onto paved Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 5 R 11547 streets. The track-out prevention device can be any device or combination of devices that are effective at preventing track-out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices need periodic cleaning to be effective. If paved roadways accumulate tracked out soils, the track-out prevention device may need to be modified; g. All fugitive dust mitigation measures shall be shown on grading and building plans; h. The contractor or builder shall designate a person or persons whose responsibility is to ensure any fugitive dust emissions do not result in a nuisance and to enhance the implementation of the mitigation measures as necessary to minimize dust complaints and reduce visible emissions below the San Luis Obispo County Air Pollution Control District’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Their duties shall include holidays and weekend periods when work may not be in progress (for example, wind-blown dust could be generated on an open dirt lot). The name and telephone number of such persons shall be provided to the San Luis Obispo County Air Pollution Control District Compliance Division prior to the start of any grading, earthwork, or demolition (Contact the Compliance Division at 805-781-5912). i. 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; j. 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, non-invasive grass seed and watered until vegetation is established; k. 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 San Luis Obispo County Air Pollution Control District; l. Vehicle speed for all construction vehicles shall not exceed 15 miles per hour on any unpaved surface at the construction site; m. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre-wetted prior to sweeping when feasible; and n. Take additional measures as needed to ensure dust from the project site is not impacting areas outside the project boundary.  AQ-2 Monitoring Plan. The City shall verify all measures are shown on relevant site plan sheets at the time of submittal of applications for demolition, building, and construction permits. Mitigation Measure AQ-3. Prior to initiation of demolition/construction activities, the applicant shall retain a registered geologist to conduct a geologic evaluation of the property, including sampling and testing for naturally occurring asbestos in full compliance with California Air Resources Board Air Toxics Control Measure for Construction, Grading, Quarrying, and Surface Mining Operations (17 California Code of Regulations Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 6 R 11547 Section 93105) and San Luis Obispo County Air Pollution Control District requirements. This geologic evaluation shall be submitted to the City of San Luis Obispo Community Development Department upon completion. If the geologic evaluation determines that the project would not have the potential to disturb naturally occurring asbestos, the applicant must file an Asbestos Air Toxics Control Measure exemption request with the San Luis Obispo County Air Pollution Control District.  AQ-3 Monitoring Plan. The City shall verify receipt of the geologic evaluation at the time of applicant application for demolition, building, or construction permits, whichever occurs first. Mitigation Measure AQ-4. If naturally occurring asbestos is determined to be present on-site, proposed earthwork and construction activities shall be conducted in full compliance with the various regulatory jurisdictions regarding naturally occurring asbestos, including the California Air Resources Board Air Toxics Control Measure for Construction, Grading, Quarrying, and Surface Mining Operations (17 California Code of Regulations Section 93105) and requirements stipulated in the National Emission Standards for Hazardous Air Pollutants (40 Code of Federal Regulations Part 61, Subpart M - National Emission Standard for Asbestos). These requirements include, but are not limited to, the following: a. Written notification, within at least 10 business days of activities commencing, to the San Luis Obispo County Air Pollution Control District; b. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and c. Implementation of applicable removal and disposal protocol and requirements for identified naturally occurring asbestos.  AQ-4 Monitoring Plan. The City shall verify receipt of the asbestos survey and verify all measures are shown on relevant site plan sheets at the time of submittal of applications for demolition, building, and construction permits, if applicable. Mitigation Measure AQ-5. Regulated asbestos-containing material could be encountered during the proposed demolition activities and rehabilitation of the Rosa Butrón Adobe. At the time of application for demolition permits, the project developer shall demonstrate compliance with the National Emission Standards for Hazardous Air Pollutants (40 Code of Federal Regulations Part 61, Subpart M - National Emission Standard for Asbestos) regarding the proper handling, abatement, and disposal of regulated asbestos-containing material. National Emission Standards for Hazardous Air Pollutants requirements for regulated structures include, but are not limited to: a. Hire a Certified Asbestos Consultant to conduct an asbestos survey report. b. Prepare a written work plan addressing asbestos handling procedures in order to prevent visible emissions. c. Submit he asbestos survey report and work plan to the City at the time of application for demolition and building permits. Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 7 R 11547 d. Submit a notification form, survey, and work plan to the San Luis Obispo County Air Pollution Control District, at least 10 business days prior to demolition, regardless of regulated asbestos-containing materials. e. Go to https://www.slocleanair.org/rules-regulations/asbestos.php for more information.  AQ-5 Monitoring Plan. The City shall verify receipt of the asbestos survey and work plan and verify all measures are shown on relevant site plan sheets at the time of submittal of applications for demolition, building, and construction permits, if applicable. Mitigation Measure AQ-6. If during the demolition or rehabilitation of existing structures paint is separated from the construction materials (e.g., chemically, or physically), the paint waste will be evaluated independently from the building material by a qualified hazardous materials inspector to determine its proper management. All hazardous materials shall be handled and disposed of in accordance with federal, state, and local regulations. According to the California Department of Toxic Substances Control, if the paint is not removed from the building material during demolition (and is not chipping or peeling), the material can be disposed of as construction debris (a non-hazardous waste). The landfill operator will be contacted prior to disposal of building material debris to determine any specific requirements the landfill may have regarding the disposal of lead- based paint materials. The disposal of demolition debris shall comply with any such requirements. The project applicant shall document proof that paint waste has been evaluated by a qualified hazardous waste materials inspector and handled according to their recommendation to the City Community Development Department.  AQ-6 Monitoring Plan. The City shall verify receipt of evidence that separated paint waste was evaluated by a qualified hazardous waste materials inspector and handled according to their recommendation, if applicable. Biological Resources Mitigation Mitigation Measure BIO-1. The developer shall retain a qualified biologist to conduct roosting bat surveys prior to proposed demolition/rehabilitation activities. Pre-disturbance surveys for bats shall include one daytime survey and one dusk survey no more than 14 days prior to the start of construction to determine if bats are roosting in the abandoned structure or in any of the trees on the property. If bats are found to be roosting on the project site, a bat exclusion plan shall be developed by the qualified biologist to ensure impacts to bats are avoided and submitted to the City for review and approval.  BIO-1 Monitoring Plan. The City shall verify receipt of the survey plan and review and approve the exclusion plan, if applicable. Mitigation Measure BIO-2 If construction activities involving ground disturbance or vegetation removal are proposed at any point during the typical nesting bird season (February 1–September 15), a nesting bird survey shall be conducted by a qualified biologist no more than 10 days prior to the start of ground disturbance to determine presence/absence of nesting birds. Surveys shall cover all areas potentially affected by Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 8 R 11547 the project via direct impacts (e.g., nest destruction) or indirect impacts (e.g., noise, vibration, odors, movement of workers or equipment, etc.). If nesting activity is detected, the following measures shall be implemented: a. Buffer Establishment. If an active bird nest is observed during preconstruction surveys or during construction, the qualified biologist shall determine an appropriate no-disturbance setback based on existing conditions and bird behavior. These buffers shall remain in place until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant on the nest or parental care for survival. b. Variance of Buffer Distances. Variance from the no-disturbance buffers described above may be allowable when there is a compelling biological or ecological reason to do so, such as when the construction area would be concealed from a nest site by topography. Any variance from the no-disturbance buffers shall be advised and supported by a qualified biologist. The California Department of Fish and Wildlife may be contacted for technical assistance if recommended by the qualified biologist. c. Nesting Monitoring. If nest buffers are reduced, the biologist shall monitor any construction activities within the pre-determined setback distance. If nesting birds show any signs of disturbance, including changes in behavior, significantly reducing frequency of nests visits, or refusal to visit the nest, the biologist will stop work and increase the nest buffer. If appropriate on a case-by-case basis, as determined by the qualified biologist, nest monitoring may be reduced to weekly spot-check monitoring, at a minimum, if the biologist determines that the nesting birds have shown no signs of disturbance from construction activities and a continuation of the same types of construction activities are unlikely to disturb the nesting birds. All monitoring reports shall be submitted to the City. d. Nest Removal. Nests, eggs, or young of birds covered by the Migratory Bird Treaty Act and California Fish and Game Code shall not be moved or disturbed until a qualified biologist has determined that the nest has become inactive or young have fledged and become independent of the nest. e. Reporting. A qualified biologist shall document all active nests and submit a letter report to the City of San Luis Obispo documenting project compliance with the Migratory Bird Treaty Act, California Fish and Game Code, and applicable project mitigation measures.  BIO-2 Monitoring Plan. The City shall verify receipt of the survey report, active nest letter report, and monitoring reports, if applicable. Mitigation Measure BIO-3 Water Pollution Control Plan. At the time of application for demolition, grading, or building permits, whichever occurs first, the project applicant shall prepare and submit a Water Pollution Control Plan (WPCP) to be reviewed and approved by the City. The WPCP shall include, but not be limited to, the following erosion and sedimentation control methods and shall be implemented during the construction phases of the project: Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 9 R 11547 a. If possible, the potential for erosion and sedimentation shall be minimized by scheduling construction activities during the dry season (June 15–October 31). b. Sediment and erosion control measures shall be developed by a qualified engineer to protect water quality and comply with appropriate local and state regulations. Measures may include the use of silt fence, straw wattles, erosion control blankets, straw bales, sandbags, fiber rolls, and other appropriate techniques employed to protect the drainage feature on and farther downstream of the property. All areas with soil disturbance shall have appropriate erosion controls and other stormwater protection best management practices installed to prevent erosion potential. All sediment and erosion control measures shall be installed per the engineer’s requirements. c. Spill kits shall be maintained on the project site and a Spill Response Plan shall be in place. d. Equipment shall be refueled in designated areas with appropriate spill containment. Equipment storage shall use drip pans or ground covers as appropriate to ensure leaks are contained. All equipment and vehicles shall be checked and maintained on a daily basis to ensure proper operation and to avoid potential leaks or spills. e. Concrete washout shall be conducted in specified areas and with appropriate containment measures to ensure washout does not leave the site and enter the City of San Luis Obispo’s storm drain system. Washing of equipment, tools, etc., shall occur in specified locations where the tainted water will not affect the drainage or City of San Luis Obispo’s storm drain system. f. The use of chemicals, fuels, lubricants, or biocides shall be in compliance with all federal, state, and local regulations. All uses of such compounds shall observe label and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture, and other federal and state legislation. g. All project-related spills of hazardous materials within or adjacent to the project site should be cleaned up immediately.  BIO-3 Monitoring Plan. The City shall review and approve the WPCP and verify all measures are shown on relevant site plan sheets. Cultural Resources Mitigation Mitigation Measure CR-1 Alternative Building Materials. At the time of application for building permits, building plans for the residential units shall be reviewed to verify use of alternate window materials (i.e., other than vinyl) such as wood or another synthetic material with colors and finishes that better reflect the character of the adobe and nearby historical resources.  CR-1 Monitoring Plan. The City shall verify all relevant plan sheets have been updated to identify alternative window materials consistent with this measure. Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 10 R 11547 Mitigation Measure CR-2 Rehabilitation Plan Implementation. Prior to issuance of a permit for demolitions or any alterations to the Rosa Butrón Adobe, construction plans shall include all proposed treatments detailed in the approved Rehabilitation Plan shown on relevant demolition and/or building permit sheets as callouts and notes to guide the rehabilitation process and be reviewed and approved by a qualified consultant for consistency with the approved Rehabilitation Plan and SOI Standards. Final construction plans shall be reviewed and approved by the Community Development Director. The qualified consultant shall include either a historic architect that meets the SOI Qualifications in historic architecture and has demonstrable experience with the rehabilitation of historic adobe buildings, or an SOI Qualified architectural historian and a materials conservation specialist with expertise in the preservation and rehabilitation of adobe buildings. The selected consultant shall be available to assist the design and construction team throughout the execution of the project to ensure that treatment approaches compliant with the SOI Standards for Rehabilitation are being implemented. The final construction plans shall include: • Assessment of the building that focuses on the existing conditions of specific architectural systems (i.e. windows, doors, roof) and materials (i.e. adobe and wood siding). A condition assessment of the building’s structural systems and inclusion of mechanical and electrical systems shall also be included. • Preparation of detailed Standards compliant treatment recommendations related to the existing character-defining features of the Rosa Butrón Adobe and their preservation. In addition to the Standards, treatment recommendations should also take into consideration other appropriate guidelines and guidance documents, including publications by the National Park Service’ Technical Preservation Services. • Description of recommendations related to the new construction at the Rosa Butrón Adobe. This should address fundamental issues including, but not limited to: a. The appearance of the new rear elevation, including the forms, fenestration patterns, materials, and finishes; b. How the new rear elevation will be integrated into the historic fabric of the side elevations, as well as the architectural and structural systems of the building, in a way that complies with the Standards; and c. Recommendations related to landscape and site improvements around the Rosa Butrón Adobe, such as drainage, to continue preserving the building in its rehabilitated configuration. • Treatment recommendations for the continued short- and long-term maintenance of the Rosa Butrón Adobe. The above implementation requirements shall be incorporated into construction plan submittals and shall be administered by the appropriate City Planning staff responsible for the administration of the Historic Preservation Program to the satisfaction of the Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 11 R 11547 Community Development Director and will be required prior to the issuance of any building or demolition permits.  CR-2 Monitoring Plan. The City shall verify all proposed treatments detailed in the approved Rehabilitation Plan are shown on relevant demolition and building plan sheets. The implementation requirements shall be administered by the appropriate City planning staff responsible for the administration of the Historic Preservation Program to the satisfaction of the Community Development Director and will be required prior to the issuance of any building or demolition permits. Mitigation Measure CR-3 Preconstruction Historic Resources Training. Prior to issuance of demolition and construction permits, whichever occurs first, all construction staff shall attend a preconstruction training session that outlines relevant information related to the treatment of historic resources. This training may be held by City staff affiliated with the City’s Historic Preservation Program, along with relevant consultants, including SOI-Qualified architectural historians, and/or contractors/craftsman with expertise related to the rehabilitation and preservation of adobe buildings. The training shall cover key concepts related to historic preservation practices and the City’s Historic Preservation Program, sensitive scope items related to the demolition and rehabilitation of the building’s historic core, and general site protocols and procedures during construction activities that are intended to protect and preserve the Rosa Butrón Adobe.  CR-3 Monitoring Plan. The City shall review the submitted training materials and trainers’ qualifications to ensure compliance with this measure. Mitigation Measure CR-4 Construction Protection Protocols. At the time of application for demolition and construction permits, whichever occurs first, construction plans shall include protection protocols that will protect the Rosa Butrón Adobe during construction activities. These measures shall address issues related to the stabilization of any deteriorated materials at the historic buildings as identified in the Rehabilitation Plan, identification of appropriate construction equipment to be used on and in proximity to the historic adobe, and on-site security measures specific to preserving the adobe from vandalism or other human-related damage. Protocols shall also identify emergency procedures in the event of inadvertent damage during construction, or damage sustained in the event of a natural disaster. Final construction plans shall be subject to the review and approval of the Community Development Director.  CR-4 Monitoring Plan. The City shall review submitted project plans and verify all protection measures have been identified on relevant plan sheets. Mitigation Measure CR-5 Selection of Contractors with Rehabilitation Experience. Prior to issuance of demolition and construction permits, whichever occurs first, the City shall review and approve the applicant-chosen contractor team for the relevant demolition, rehabilitation, and construction phases of the project that has demonstrated experience with preserving and rehabilitating historic resources. Special consideration shall be given to bid teams that have staff or subcontractors with experience in the treatment of adobe buildings. Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 12 R 11547  CR-5 Monitoring Plan. The City shall review the selected contractor’s credentials and verify they meet the intent of this measure. Mitigation Measure CR-6 At the time of building and/or grading permit application submittal, the project applicant shall retain a City of San Luis Obispo-qualified archaeologist to develop an Archaeological Monitoring Plan for the project. The plan shall include, but not be limited to: a. List of personnel involved in the monitoring activities b. Description of how the monitoring shall occur; c. Description of frequency of monitoring (e.g., full time, part time, spot checking); d. Description of what resources are expected to be encountered, including, but not limited to, mission-era artifacts; e. Description of circumstances that would result in the halting of work at the project site; f. Description of procedures for halting work on the project site and notification procedures; g. Description of monitoring reporting procedures; h. Specific, detailed protocols for what to do in the event of the discovery of human remains; and i. Thresholds for reducing and/or discontinuing monitoring in the event resources are not present and/or the potential to encounter resources is negligible. The Archaeological Monitoring Plan shall be reviewed and approved by City staff prior to the issuance of project building and/or grading permits.  CR-6 Monitoring Plan. The City shall review and approve the Archaeological Monitoring Plan prior to issuance of grading, demolition, or building permits. Mitigation Measure CR-7 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 of San Luis Obispo-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 of San Luis Obispo-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 forms and evaluated for significance in terms of the California Environmental Quality Act criteria by a qualified archaeologist. Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 13 R 11547 If the resource is determined significant under the California Environmental Quality Act, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan, in conjunction with locally affiliated Native American representative(s) as necessary, that will capture those categories of data for which the site is significant. The archaeologist shall also perform appropriate technical analysis, prepare a comprehensive report, and file it with the Central Coast Information Center, located at the University of California, Santa Barbara, and provide for the permanent curation of the recovered materials.  CR-7 Monitoring Plan. The City shall verify halt work measures have been identified on relevant plan sheets. The City shall notify a local Native American tribal representative, if applicable. The City shall review and approve the resource evaluation and research design and archaeological data recovery plan, if applicable. Mitigation Measure CR-8 In the event that human remains are exposed during earth- disturbing activities associated with the project, an immediate halt work order shall be issued, and the City of San Luis Obispo 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 California Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall notify the Native American Heritage Commission within 24 hours. These requirements shall be printed on all building and grading plans.  CR-8 Monitoring Plan. The City shall verify halt work measures have been identified on relevant plan sheets. The City shall notify a local Native American tribal representative and the County Coroner, if applicable. Noise Mitigation Mitigation Measure N-1 For the entire duration of the construction phase of the project, the following noise reduction measures shall be adhered to: a. Stationary construction equipment that generates noise that exceeds 60 Aweighted decibels at the project boundaries shall be shielded with the most modern noise control devices (i.e., mufflers, lagging, and/or motor enclosures). b. Impact tools (e.g., jackhammers, 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. c. Where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used. Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 14 R 11547 d. All construction equipment shall have the manufacturers’ recommended noise abatement methods installed, such as mufflers, engine enclosures, and engine vibration insulators, intact and operational. e. 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-1 Monitoring Plan. The City shall verify noise reduction measures have been identified on relevant plan sheets. Mitigation Measure N-2 Construction plans shall note construction hours, truck routes, and all construction noise reduction measures and shall be reviewed and approved by the City of San Luis Obispo Community Development Department prior to issuance of grading/building permits. The City of San Luis Obispo shall provide and post signs stating these restrictions at construction entry sites prior to commencement of construction and shall maintain these signs 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 noise reduction measures are to be implemented.  N-2 Monitoring Plan. The City shall verify construction hours, truck routes, and noise reduction measures have been identified on relevant plan sheets. Mitigation Measure 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, the following: a. Sound blankets shall be used on noise-generating equipment; b. Stationary construction equipment that generates noise levels above 65 Aweighted decibels 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; c. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers; d. The movement of construction-related vehicles, except for 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 heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day); and e. Temporary sound barriers shall be constructed between construction sites and affected uses.  N-3 Monitoring Plan. The City shall verify noise reduction measures have been identified on relevant plan sheets. Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 15 R 11547 Mitigation Measure N-4 The project contractor shall notify 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 of San Luis Obispo Community Development Department.  N-4 Monitoring Plan. The City shall verify receipt of the notice and list of recipients. 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 City Council hereby grants final approval to the project (ARCH-0329-2022) with incorporation of the following conditions: Planning Division 1. Compliance with Conditions. 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-0329-2022). A separate, full- size sheet shall be included in working drawings submitted for a building permit that lists all conditions and code requirements of project approval listed as sheet number 2. Reference shall be made in the margin of listed items as to where in plans requirements are addressed. Any change to approved design, colors, materials, landscaping, or other conditions of approval must be approved by the Director or Architectural Review Commission, as deemed appropriate. 2. Demolition of Structures Older than 50 Years. Demolition of portions of the existing building shall not commence until a permit has been issued by the building official. The applicant shall comply with Municipal Code Chapter 15.04 Construction and Fire Prevention Regulations, Appendix Chapter A2 Demolition and Moving of Buildings. 3. Colors and Materials. 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. The color of the exterior siding shall match that of the updated renderings presented to the Planning Commission. All color and materials in final permit drawings shall be subject to the satisfaction of the Community Development Director. 4. Number of Parking Spaces. The applicant has been granted a concession to reduce the number of required parking spaces under State Density Bonus law. The number of parking spaces to be provided are 4 vehicle spaces and 26 bicycle spaces. 5. Bicycle Parking. 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 shall show all areas designated for long-term bicycle parking such as bicycle lockers, Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 16 R 11547 interior spaces, or storage rooms. Short-term bicycle racks shall be consistent with the City Active Transportation Plan Design Guidelines and feature “hi-low style” campus racks (such as “Peak Racks”) or City-approved equivalent (inverted “U” rack designs shall not be permitted) and shall be installed in close proximity to, and visible from, the main entries into the buildings. Sufficient detail shall be provided about the placement and design of bike racks, lockers, and interior spaces to demonstrate compliance with relevant Engineering Standards and Community Design Guidelines, to the satisfaction of the Public Works and Community Development Directors. 6. Lighting Plan. Plans submitted for building permit shall include a photometric plan, demonstrating compliance with maximum light intensity standards not to exceed a maintained value of 10 foot-candles. The locations of all lighting, including bollard style landscaping or path lighting, shall be included in plans submitted for a building permit. All wall-mounted lighting fixtures shall be clearly called out on building elevations included as part of working drawings. All wall-mounted lighting shall complement building architecture. The lighting schedule for the building shall include a graphic representation of the proposed lighting fixtures and cut-sheets on the submitted building plans. The selected fixture(s) shall be shielded to ensure that light is directed downward consistent with the requirements of the City’s Night Sky Preservation standards contained in Chapter §17.70.100 of the Zoning Regulations. 7. Site Maintenance. The storage area for trash and recycling cans shall be screened from the public right-of-way consistent with §17.70.200 of the Zoning Regulations. The subject property shall be maintained in a clean and orderly manner at all times, free of excessive leaves, branches, and other landscape material. The applicant shall be responsible for the clean-up of any landscape material in the public right-of- way. 8. Landscaping. 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. All tree preservation requirements and tree plantings shall comply with the conditions herein from the City Arborist. 9. Fences. 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). 10. Backflow Preventer. 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 Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 17 R 11547 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. 11. Noise Compliance. The design of proposed structures shall incorporate noise attenuating construction techniques that reduces noise exposure to acceptable levels. Exposure in outdoor activity areas must not exceed 65 dB and indoor exposure must not exceed 45 dB consistent with the City’s Noise Ordinance. Plans submitted for construction permits must clearly indicate and describe noise attenuation measures, techniques, and materials, and demonstrates their compliance with noise levels limits. 12. Signage. Prior to final occupancy, interpretive historical signage shall be installed to the satisfaction of the Community Development Director. The interpretive signs shall reflect all periods of significance and the cultural narrative of the site. The layout, content, and narrative of the interpretive signage shall be prepared by a qualified historic consultant and reviewed by the Cultural Heritage Committee. 13. Expiration of Entitlement. If the required building permits are not submitted for the site development within three years of this discretionary action, the approval shall expire. Requests for renewals may be granted in conformance with §17.104.070. Housing Programs – Community Development Department 14. Affordable Housing Agreement. Prior to issuance of building permits, the City and the applicant shall enter into an Affordable Housing Agreement, to be recorded in the office of the county recorder. The agreement shall specify mechanisms or procedures to assure the continued affordability and availability of the residential units to low-income households, to the satisfaction of the Community Development Director. Engineering Division – Public Works/Community Development 15. The building plan submittal shall include a complete site plan with all property lines, dimensions, easements, survey monumentation, public rights-of-way, and existing improvements for reference. The plans shall include the most current Boundary Survey summary and Record of Survey prepared by MBS Land Surveyors. The property line identifications shall correctly show and label the northerly property line, if the deed calls are to the centerline (thalweg) of Stenner Creek in accordance with the latest Record of Survey. 16. The building plan submittal shall show all existing private or public easements, including any shared driveway easement/agreement. The submittal shall provide copies of easements if not otherwise included as embedded links in a Preliminary Title Report. Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 18 R 11547 17. The building plan submittal shall show and reference any existing improvements to remain, including any encroachments of site, structure, or utility improvements from the adjoining properties. The site/civil plans shall show and reference the “sliver” parcel and related survey monumentation for reference. 18. The building plan submittal shall include a complete site development plan showing all existing and proposed public and private improvements including utility identification and abandonments. 19. A pre-construction meeting shall be scheduled by the developer prior to the commencement of any construction activities including but not limited to demolition, construction staging, site preparation, or tree removals/pruning. The inspection shall include the contractor(s) of record, building, public works, and stormwater inspectors, City Arborist, project planner, and City Natural Resources Manager or City Biologist. 20. The applicant/contractor shall provide written notice to the neighboring property owner and tenants located at 460-464 Dana 90 days prior to commencing with construction that could affect their access. A copy of said notice shall be provided to the City Planning Division. If the original notice only includes a general schedule, a separate notice(s) with detailed access closures, etc. shall be provided a minimum of 10 days prior to any closure. 21. A separate encroachment permit will be required for all work or construction staging within the public right-of-way. 22. Any sections of damaged or displaced curb, gutter, and/or sidewalk shall be repaired or replaced to the satisfaction of the Public Works Department. The plans shall show or note the limit of the known sidewalk replacement. All or portions of the existing detached/parkway sidewalk improvements may need to be replaced with integral sidewalk per City Engineering Standards. The applicant shall contact the Engineering Division to coordinate a detailed site walk to clarify the limits and types of improvements to be shown in the building plan submittal. 23. The details of the existing driveway approach, if proposed to remain, shall be included in the plan submittal. If proposed to remain, a design exception may be required to the approval of by the City Engineer. 24. The plans shall show and label all existing frontage improvements and utilities located along the Dana Street frontage. Additional clarification may be required to determine whether one or more sewer laterals may exist along the parcel frontage. The plans shall identify the 1” pipe/valve that is located within the parkway. The valve and any piping shall be abandoned or upgraded per City Engineering Standards to the satisfaction of the City Engineer. 25. The site plan shall provide any additional information or discovery on the abandoned piping system and improvements located near the top of creek bank. The plans and reports shall clarify where the existing or former private waste disposal system, septic tank, and/or leach fields might exist. If not discoverable or if records of their Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 19 R 11547 abandonment do not exist, the plan shall include notes to provide direction to the contractor(s) on the steps to take upon any discovery of a former private waste system. 26. The site plan shall show all existing buildings and improvements along with the proposed disposition. Neighboring structures and site improvements shall be shown for 464 Dana for reference. Show all existing and proposed parking areas and compliance with the Parking and Driveway Standards. 27. The site plan shall show and label the existing sections of historic granite curbing (2 sections) leading into the existing unimproved parking area. The plan and reports shall clarify the proposed disposition or re-use of the granite. If not proposed or conditioned for use within the site, these sections shall be retained as City property. 28. The site plan shall show the location of the solid, recycle, and green waste container storage areas per City Standards and guidelines. The solid waste container placement in the public right-of-way shall be shown and noted on the plans to the satisfaction of the Public Works Department and San Luis Garbage Company. Special curb painting or other strategy may be required to accommodate the weekly placement and pick-up of the containers to the satisfaction of the City. 29. Provide a complete and accurate site plan showing all existing and proposed utilities, and utility abandonments. The plan shall show and label both the existing overhead electrical service and separate tele-com wiring service drops for reference. The plan shall clarify that all wire services to the existing and proposed units shall be underground. Provide a proposed utility plan for reference. The plan should show and note that all wire services to the new campus shall be underground. The utility/demolition plans shall show the existing gas service and note the termination at the gas main in accordance with City and Gas Company standards. 30. The PGE preliminary memo and final handout package shall be reviewed and approved by the City prior to commencing with the pertinent construction. The undergrounding of the electrical service and tele-communication wiring shall be accomplished without a net increase in utility poles located within the public right-of- way unless specifically approved by the Community Development Director. 31. The plans and reports shall clarify the proposed and required fire sprinkler system(s) to the satisfaction of the Building Division and Fire Department. The residential systems shall be in accordance with City Standards and the pertinent NFPA Standards. Unless an amended underground is approved for a 2” service lateral, the plans and related standard references shall be amended. Likewise, if a 2” underground service is endorsed, the plans shall reference the appropriate 2” fire service standard. 32. The final foundation design shall show and note compliance with the California Building Code for vertical and lateral loading, tree preservation requirements/strategies, and the Floodplain Management Regulations. Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 20 R 11547 33. Provide a preliminary grading and drainage plan for reference. Include some analysis of the adjoining upslope watershed to clarify whether run-on is expected in non-flood storm events. The project shall show how any run-on will be accepted and conveyed in a non-erosive manner to an approved outlet. 34. The plans and submittal shall show and note compliance with the Drainage Design Manual (DDM), the Floodplain Management Regulations, and the Post Construction Stormwater Regulations (PCR’s). 35. The preliminary drainage report shall include a response to the bulleted items in Section 2.3.1 of the DDM. This area may be considered part of the in-fill area of downtown. The report may still need to consider the project impacts on existing and proposed flooding depths and velocities in accordance with the Floodplain Management Regulations and FEMA requirements. The report may need to be expanded to analyze and clarify the difference in flood storage volume, worst-case pre vs. post cross-section, and analysis of the ultimate foundation design. 36. The plans and reports shall show and note the Base Flood Elevation (BFE) in accordance with the FIRM and FIS. The plans and reports shall clarify the strategy for elevating the new structures and building service equipment at least 1’ above the BFE. Additional freeboard beyond the proposed 1.1 foot is recommended to avoid conflicts based on normal construction tolerances and to improve the resiliency of the campus. The detailed plans for the units shall be provided in conjunction with this analysis to confirm whether any additional freeboard/protections are required for building service equipment, ducting, envelope insulation, etc. in accordance with FEMA standards. Depending upon the final design and analysis, the certification of the design elevation of the foundation system/finish floor may be required prior to foundation inspection approvals. 37. The plans and project description should clarify the scope of work and proposal for the remodel of the existing residence to remain. Show the finish floor elevation of the adobe structure compared to the Base Flood Elevation. Show and note compliance with the regulations for the proposed remodel/adaptive reuse of the existing historic structure and how structures that are substantially remodeled and/or substantially damaged comply with the current regulations. This Master List Historic structure is considered to be exempt from these provisions if the structure remains as master listed after the remodel. Any new building service equipment or utility are not exempt from compliance with the regulations and protection from flood damage. Some passive protections or “dry” floodproofing are recommended for the existing structure to remain. 38. The final drainage report shall show and note compliance with the PCR’s. Provide a completed checklist and supporting plans and exhibits that document the existing and proposed impervious areas, performance requirements, and proposed performance strategies. The analysis shall include a detail of all existing and proposed impervious surfaces. Unless otherwise exempt, the plan and analysis shall include the square footage of all new or altered “impervious” walkways, ramps, deck Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 21 R 11547 structures, parking areas, and drive aisles. The plans and report shall clarify how the DMA-A2 drainage area that has run-off directed toward Dana Street will be treated for Performance Requirement 2 (PR-2), water quality. 39. The building plan submittal shall include the complete site plan and tree survey. Show and note the diameter and species of each tree. Include a summary of trees to be removed, relocated, or retained along with any pertinent tree protection measures. The plan shall show and label any off-site trees that have tree canopies/root zones that could extend into this campus and could be affected by the proposed construction. The plans and reports shall include all tree protection notes and improvements to the satisfaction of the consulting arborist and City Arborist. City Arborist – Public Works 40. The project shall replant, at a minimum, one tree for every tree removed. All trees replanted shall be 15-gallon or 24-inch box trees. If the compensatory trees cannot be accommodated onsite to the satisfaction of the City Arborist, they will be required at a 2:1 rate offsite. Tree species and size selections are also subject to City Arborist approval. 41. Street trees are required at a minimum rate of one (1) 15-gallon street tree for each 35 linear feet of frontage. The plans shall show all existing and proposed street trees. Tree species selections are subject to City Arborist approval. 42. All compensatory trees shall be planted per the City’s Engineering Standards for tree planting prior to final building inspection. All trees planted as part of a compensatory plan shall survive and any trees that do not survive or establish in good health shall be replanted. 43. The building plan submittal shall show all existing trees to be removed and trees to be retained. The plan shall show any neighboring trees with canopies/root zones within the area of construction disturbance. Tree protection measures shall be shown and noted on the building plans in accordance with the Tree Assessment (December 15, 2023) to the satisfaction of the City Arborist. 44. In accordance with the Construction Best Practices outlined in the Tree Assessment, the Project Arborist shall review and approve the proposed tree protection measures prior to commencing with any demolition, grading, or construction. The Project Arborist shall approve any safety pruning, the cutting of substantial roots (greater than 2-inches in diameter), or grading within the dripline of trees. A city-approved arborist shall complete pruning using ISA best practices. All required tree protection measures shall be shown or noted on the building plans. 45. A substantial amount of work will be taking place in the critical root zone of both a 30-inch DBH and 36-inch DBH Coast Live Oak. Additional tree protection measures need to be put in place to protect the critical root zone to the satisfaction of the City Arborist. This could include the use of plywood or the application of thick mulch to minimize compaction to the critical root due to foot traffic or construction equipment. Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 22 R 11547 The Project Arborist shall be onsite to monitor any digging, or boring taking place in the critical root zones of any trees to be protected. 46. Consider removing the 37-inch DBH Avocado, shown as protected in the Tree Assessment Report. Avocados are known for their shallow and sensitive root systems. The grading for the ADA parking could send the tree into decline. Older trees can be considerably more sensitive to damage than younger trees. The tree’s canopy will also need to be cut back to prevent avocados from falling the parking lot area. This loss of canopy will also negatively affect the tree’s ability to recover from damage to or loss of its critical root zone. 47. California Fish and Game Code Section 3503.5 and the Migratory Bird Treaty Act of 1972 prevents the removal of trees with active nests. To account for most nesting birds, removal of trees should be scheduled to occur in the fall and winter (between September 1st and January 31st) and after the young have fledged. If removing trees during the nesting season (February 1st to August 31st), a qualified biologist shall inspect any trees marked for removal that contain nests to determine if the nests are active. If there are active nests, trees shall not be removed and may only be removed once a qualified biologist provides a confirmation memo that breeding / nesting is completed, and young have fledged the nest prior to removal of the tree to the satisfaction of the Community Development Director or City Biologist. 48. A final landscaping plan, including irrigation details and plans, shall be submitted to the Community Development Department along with working drawings. The legend for the landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees with corresponding symbols for each plant material showing their specific locations on plans. Natural Resources – Office of Sustainability 49. Nesting Birds. All tree removals associated with development at the project site shall be scheduled to occur outside of the typical nesting bird season (February to September), to avoid potential impacts to nesting birds in accordance with Government Code Section 3503 and 3505.5. 50. Sediment and Erosion Control Plan. 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. 51. Construction Buffer. Prior to construction activities of any new structures in areas within 20 feet of the channel, a setback area of 5-feet from the outer edge of riparian vegetation will be fenced with orange construction fencing and signed to prohibit entry. To control sedimentation during and after project implementation, silt fencing shall be installed adjacent to, and outside the orange construction fencing. Once Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 23 R 11547 construction in the 20-foot setback is complete, the fencing may be removed. 52. Construction Site Maintenance. During construction, no litter or construction debris shall be placed within the setback. All such debris and waste will be picked up daily and properly disposed of at an appropriate site. In addition, all project-generated debris, building materials, and rubbish will be removed from the setback and from areas where such materials could be washed into the channel. 53. Construction Activity. All refueling, maintenance, and staging of equipment and vehicles shall occur at least 50 feet from the channel and in a location where a potential spill would not drain directly toward the channel. Prior to the onset of work activities, a plan will be in place for prompt and effective response to any accidental spills. 54. Creek Preservation. Plans submitted for a building permit shall not include any improvements, modifications, or grading within the top of bank of the creek channel. Utilities Department 55. The building permit submittal shall include a site utility plan showing the size of existing and proposed sewer and water services. 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. All residential units are to be individually metered. Backflow preventors shall be provided for the domestic and landscape (if required) water meters, to the satisfaction of the Utilities Director. Fire flow service shall pass through a double-check backflow device. 56. The building permit submittal shall include a final landscape design plan and irrigation plan and shall identify the square footage of landscaping proposed as part of the project. If greater than 500 square feet, applicant shall provide a Maximum Applied Water Allowance (MAWA) calculation. The project’s estimated total water use (ETWU) to support new ornamental landscaping shall not exceed the project’s maximum applied water allowance (MAWA). If the project includes one thousand square feet of landscaping or greater, the project shall provide a separate city-owned landscape water meter. 57. Plans submitted for a building permit shall comply with the City’s Development Standards for Solid Waste Services. Plans shall show the location and size of the bin enclosure(s) that can store the required containers for waste, recycling, and organics. Plans shall show the location of the discarded materials containers during pickup if different than the location of the proposed enclosure(s). Provide a copy of the service review letter from San Luis Garbage within the plan set. 58. Potable city water shall not be used for major construction activities, such as grading and dust control. Recycled water is available through the City’s Construction Water Permit program. Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 24 R 11547 Fire Department 59. Plan sets shall include a separate sheet/s titled F identifying the following fire and life safety features for the specific project. Site or Civil work involving water supply information, underground fire line size and location, fire apparatus access and turn- arounds, location of public/private fire hydrants, fire lanes, location of backflow device, fire department connection, maximum grade and cross slope, and other information pertinent to the site. An architectural drawing showing location of fire sprinkler riser, fire alarm control panel, Knox Box, address numbers, suite numbers, exiting plan, exit signs, emergency lights, fire extinguishers, door/hardware schedule, duct detectors, elevator/shaft information, high piled storage areas, trash locations, required signage, location of exterior awnings, or any other pertinent information pertaining to the project. 60. Sheet/s titled F shall contain a fire department NOTES section containing requirements for the individual project. Comments or notes which have been cut and pasted from previous projects which do not pertain to, or contain wrong information for, the project being reviewed will be returned for correction and cause a delay in the plan review process. An example of a standard note might include (Buildings undergoing construction shall maintain fire safety at all times and shall be in accordance with Chapter 33 of the 2022 California Fire Code). Notes should also include any deferred submittal items such as fire protection systems or rack storage. Be mindful that all code references shall be to current code editions. Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 Resolution No. 11547 (2025 Series) Page 25 R 11547 Indemnification 61. Indemnification. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim. Upon motion of Council Member Boswell, seconded by Vice Mayor Shoresman, and on the following roll call vote: AYES: Council Member Boswell, Francis, Marx, Vice Mayor Shoresman, and Mayor Stewart NOES: None ABSENT: None The foregoing resolution was adopted this 4th day of March 2025. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Docusign Envelope ID: FE01FD86-92F3-49B7-A0FC-DD507AF06712 3/13/2025 | 11:56 AM PDT