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HomeMy WebLinkAboutR-10599 Monterey Hotel - 1845-1865 Monterey StreetRESOLUTION NO. 10599 (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, UPHOLDING AN APPEAL (FILED BY THE APPLICANT) OF THE PLANNING COMMISSION'S DECISION TO UPHOLD AN APPEAL (FILED BY ROBERT LUCAS) OF THE ADMINISTRATIVE HEARING OFFICER'S APPROVAL OF AN ADMINISTRATIVE USE PERMIT; AND DENYING AN APPEAL (FILED BY ROBERT LUCAS AND ANGELA SOLL) OF THE ARCHITECTURAL REVIEW COMMISSION'S DESIGN APPROVAL; THEREBY APPROVING AN ADMINISTRATIVE USE PERMIT, A 15% PARKING REDUCTION, AND THE DESIGN OF A FOUR STORY, 102 -ROOM HOTEL PROJECT; AND APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED FEBRUARY 17, 2015 (1845/1865 MONTEREY STREET, FILE NO. 143 -13) WHEREAS, on February 20, 2014, West Coast Asset Management, LLC ( "Applicant ") submitted an application to develop certain real property located at 1845 and 1865 Monterey Street, San Luis Obispo (the "Property ") with a four story 102 room hotel and associated site improvements including parking, guest lounge, meeting space, fitness center, and manager's unit (the "Project "); and WHEREAS, on August 18, 2014, the Administrative Hearing Officer of the City of San Luis Obispo ( "City ") conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, and approved an Administrative Use Permit (A 143- 13) for the Project (the "Use Permit ") pursuant to San Luis Obispo Municipal Code section 17.58.030.A; and WHEREAS, on August 28,--2014, Robert Lucas filed an appeal of the Administrative Hearing Officer's approval of the Use Permit on behalf of residents of the San Luis Drive neighborhood; and WHEREAS, on September 15, 2014, the Architectural Review Commission 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, and continued the Project with five directional items for modifications to the design of the Project; and WHEREAS, on October 20, 2014, the Architectural Review Commission 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, and granted design approval (ARC 143 -13) for the Projecti and WHEREAS, on October 30, 2014, Robert Lucas and Angela Soll, filed an appeal of the Architectural Review Commission's approval of the design of the Project on behalf of residents of the San Luis Drive neighborhood; and R 10599 Resolution No. 10599 (2015 Series) Page 2 WHEREAS, on December 10, 2014, the Planning Commission 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, for the purpose of considering the August 28, 2014 appeal of the Administrative Hearing Officer's approval of the Use Permit and voted to uphold the appeal based on certain findings of inconsistency with Ordinance No. 1130 (1989 Series); and WHEREAS, on December 17, 2014, the Applicant filed an appeal of the Planning Commission's decision regarding the appeal of the Use Permit; and 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 February 17, 2015, for the purpose of considering the October 30, 2014 appeal of the Architectural Review Commission's action and the December 17, 2014 appeal of the Planning Commission's action which included revisions to the project plans submitted by the Applicant; and WHEREAS, the City Council has duly considered all evidence, including the record of the Planning Commission hearing and actions, testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: Use Permit Findings 1. That the above recitals are true and correct and are incorporated herein by this reference. 2. That the proposed Project will not be detrimental to the health, safety, or welfare of those working or residing in the vicinity of the subject Property since the proposed Project is consistent with the Property's zoning and property development standards, the requirements of Ordinance No. 1130 (1989 Series), conditions of approval, mitigation measures and will be subject to conformance with all applicable building, fire, and safety codes. 3. That, the project is consistent with the height /setback requirements of Ordinance No. 1130 (1989 Series). 4. That the proposed Project has been designed to be compatible with the adjacent creek and the riparian habitat as well as the residential uses along San Luis Drive in accordance with the criteria set forth in Ordinance No. 1130. Resolution No. 10599 (2015 Series) Page 3 5. That, as modified, the elimination of all creek - facing balconies within the proposed Project and the design of eastern fagade of the Project sufficiently "minimizes" the building openings facing the creek, consistent with Ordinance No. 1130 design criteria. 6. That, as confirmed by the various "drone" photographs and other similar evidence provided by the Applicant, the proposed Project is sufficiently screened from overlook views of San Luis Drive due to the design of the proposed building, proposed landscaping and creek restoration, and the distance and the densely vegetated creek between the project and the nearest adjacent residence (approx. 78 yards). 7. That, as confirmed by the photometric analysis prepared by Gray Electrical Consulting & Engineering, the lighting between the buildings and the creek is sufficiently limited in intensity and scale necessary for security and identification and does not shine offsite, consistent with the City's Night Sky Preservation Ordinance and Ordinance No. 1130's design requirements. 8. That, due to the design of the proposed Project, noise generating uses are located on the interior of the site and that, as confirmed by the acoustic analysis prepared by David Dubbink Associates, anticipated noise levels are within all City standards. 9. That the proposed 15% parking reduction (23 parking spaces) is acceptable because the proposed hotel will share a consolidated parking area with the existing restaurant and the peak hours of parking demand between the two uses are sufficiently offset. The shared parking area will minimize area devoted exclusively to parking, consistent with the intent of the Zoning Regulations (17.16.060.A). The proposed reduction also allows for the removal of 10 existing parking spaces that are within the C /OS -5 setback area. Architectural Review Findings 10. That the proposed Project is consistent with the City's Community Design Guidelines and is compatible in scale, siting, detailing, and overall character with buildings in the Monterey Street neighborhood. 11. That, consistent with the City's Community Design Guidelines, the proposed Project incorporates articulation, massing, and a mix of color /finish materials that are compatible with the neighborhood. 12. That the existing Tudor Revival style structure is not historically significant (is not associated with significant events or persons, does not have design distinction, nor is it the work of a master) and may be relocated /demolished consistent with the City's California Existing Building Code (SLOMC 15.04.040.17). Resolution No. 10599 (2015 Series) Page 4 General Findings 13. That the proposed Project is consistent with the General Plan which designates the upper Monterey area as especially appropriate for visitor - serving uses such as a hotel (2010 Land Use Element 3.5.2) and encourages more productive use of existing land areas already committed to urban development (2010 Land Use Element Society and Economy Goal 12). 14. That the proposed Project is consistent with the daytime and nighttime noise exposure limitations of the General Plan (2010 Noise Element Table 2) which are designed to protect against the harmful effects of exposure to noise (2010 Noise Element Goals). 15. That, as conditioned, the proposed Project is consistent with General Plan Community Goals for the Environment (2010 Land Use Element "Community Goals ") by protecting and enhancing the adjacent creeks wildlife habitat so that diverse, native plans, fish, and animals can continue to live within the area. SECTION 2. Environmental Review. The City Council hereby adopts the proposed Mitigated Negative Declaration (ER 143 -13) and finds that, there is no substantial evidence in light of the whole record that the Project, as revised and subject to the following mitigation, monitoring programs and conditions of approval, may have a significant effect on the environment: Aesthetics Mitigation Measure AES 1: A combination of vegetation and fencing shall be utilized as required to effectively screen headlights facing eastward towards San Luis Creek from the uncovered parking area that will be retained and improved. ➢ Monitoring Plan, AES 1: The Community Development Director shall review the preliminary planting and fencing plan and provide direction to the applicant. Final plans shall be reviewed Community Development Planning staff and the City's Natural Resources Manager as part of the Building Permit application package, who shall require modifications as necessary for consistency with City standards prior to department sign off and issuance of permits. Air Quality Mitigation Measure AQ 1: Prior to any construction activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if the area disturbed is exempt from the Asbestos ATCM regulation. An exemption request must be filed with the APCD. If the site is not exempt from the requirements of the regulation, the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and Asbestos Health and Safety Program for approval by the APCD. Resolution No. 10599 (2015 Series) Page 5 ➢ Monitoring Plan, AQ 1: All mitigation measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor compliance with APCD requirements. The name and telephone number of such persons shall be provided to the APCD, Community Development and Public Works Departments prior to commencement of construction. The applicant shall provide documentation of compliance with APCD requirements to City staff prior to issuance of any grading or building permits. Mitigation Measure AQ 2: Any scheduled disturbance, removal, or relocation of utility pipelines shall be coordinated with the APCD Enforcement Division at (805) 781 -5912 to ensure compliance with NESHAP, which include, but are not limited to: 1) written notification, within at least 10 business days of activities commencing, to the APCD, 2) asbestos survey conducted by a Certified Asbestos Consultant, and, 3) applicable removal and disposal requirements of identified ACM. ➢ Monitoring Plan, AQ 2: All mitigation measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor compliance with APCD requirements. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD, Community Development and Public Works Departments prior to commencement of construction. Mitigation Measure AQ 3: During construction/ground disturbing activities, the applicant shall implement the following particulate (dust) control measures. These measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor the dust control program and modify practices, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the Community Development and Public Works Departments prior to commencement of construction. 1. Reduce the amount of disturbed area where possible. 2. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site, and from exceeding the APCD's limit of 20% opacity for no greater than 3 minutes in any 60 minute period. Increased watering frequency will be required whenever wind speeds exceed 15 m.p.h. and cessation of grading activities during periods of winds over 25 m.p.h. Reclaimed (non - potable) water is to be used in all construction and dust - control work (including revegetation). 3. All dirt stock pile areas (if any) shall be sprayed daily and covered with tarps or other dust barriers as needed. 4. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible, following completion of any soil disturbing activities. 5. Exposed grounds that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast germinating, non - invasive, grass seed and watered until vegetation is established. Resolution No. 10599 (2015 Series) Page 6 6. 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. 7. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 8. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any unpaved surface at the construction site. 9. All trucks hauling dirt, sand, soil, or other loose materials, are to be covered or shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. 10. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. 11. 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 should be used where feasible. Roads shall be pre- wetted prior to sweeping when feasible. 12. All PM 10 mitigation measures required shall be shown on grading and building plans. 13. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below the APCD's limit of 20% opacity for no greater than 3 minutes in any 60 minute period. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. ➢ Monitoring Plan, AQ 3: All mitigation measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD, Community Development and Public Works Departments prior to commencement of construction. Mitigation Measure AQ 4: Prior to any construction activities at the site, the project proponent shall ensure that all equipment and operations are compliant with California Air Resource Board and APCD permitting requirements, by contacting the APCD Engineering Division at (805) 781- 5912 for specific information regarding permitting requirements. ➢ Monitoring Plan, AQ 4: All mitigation measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor compliance with APCD requirements. The name and telephone number of such persons shall be provided to the APCD, Community Development and Public Works Departments prior to commencement of construction. The applicant shall provide documentation of compliance with APCD requirements to City staff prior to issuance of any grading or building permits. Resolution No. 10599 (2015 Series) Page 7 Mitigation Measure AQ 5: To reduce sensitive receptor emissions impact of diesel vehicles and equipment used to construct the project and export soil from the site, the applicant shall implement the following idling control techniques: 1. California Diesel Idling Regulations: a. 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: i. Shall not idle the vehicle's primary diesel engine for greater than 5 minutes at any location, except as noted in Subsection )d) of the regulation; and, ii. 2. Shall not operate a diesel- fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 1,000 feet of restricted area, except as noted in Subsection (d) of the regulation. b. Off -road diesel equipment shall comply with the 5 minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board's In -Use off -Road Diesel regulation. c. Signs must be posted in the designated queuing areas and job sites to remind drivers and operators of the state's 5 minute idling limit. 2. Diesel Idling restrictions Near Sensitive Receptors (residential homes). In addition to the State required diesel idling requirements, the project applicant shall comply with these more restrictive requirements to minimize impacts to nearby sensitive receptors: i. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors. ii. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted. iii. Use of alternative fueled equipment is recommended. iv. Signs that specify the no idling areas must be posed and enforces at the site. 3. Soil Transport. The final volume of soil that will be hauled off -site, together with the fleet mix, hauling route, and number of trips per day will need to be identified for the APCD. Specific standards and conditions will apply. ➢ Monitoring Plan, AQ 5: All mitigation measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD, Community Development and Public Works Departments prior to commencement of construction. The applicant shall provide documentation of compliance with APCD requirements to City staff prior to issuance of any grading or building permits. Resolution No. 10599 (2015 Series) Page 8 Biological Resources Mitigation Measure BIO 1: The project shall incorporate the following erosion control measures for work in and around the riparian corridor: 1. No heavy equipment shall enter flowing water. 2. Equipment will be fuelled and maintained in an appropriate staging area removed from the riparian corridor. 3. Restrict all heavy construction equipment to the project area or established staging areas. 4. All project related spills of hazardous materials within or adjacent to the project area shall be cleaned up immediately. Spill prevention and clean up materials should be onsite at all times during construction. 5. All spoils shall be relocated to an upland location outside the creek channel area to prevent seepage of sediment in to the drainage /creek system. ➢ Monitoring Plan, BIO 1: All mitigation measures shall be shown on grading and building plans and be clearly visible to contractors and City inspectors. Erosion control measures shall be reviewed by the City's Community Development and Public Works Departments, and the City's Natural Resources Manager. City staff will periodically inspect the site for continued compliance with the above mitigation measures. Mitigation Measure BIO 2: Plans submitted for Building Permit Application shall include a creek restoration and enhancement plan identifying the removal of all non - native vegetation within the creek bank and replacement with appropriate native trees, shrubs and groundcovers. ➢ Monitoring Plan, BIO 2: Final plans shall be reviewed by the City's Natural Resources Manager as part of the Building Permit application package, who shall require modifications to the creek restoration and enhancement plan as necessary to ensure that an appropriate mix of plantings, in type, size and quantity is proposed, and that best practices are utilized while working within the creek corridor. Mitigation Measure BIO 3: That portion of the site which lies within the C /OS -5 zone shall be dedicated as a perpetual open space easement. ➢ Monitoring Plan, BIO 3: Prior to the issuance of Building Permits an open space easement, written to the satisfaction of the City's Natural Resources Manager and City Attorney, shall be recorded on the Property's title. Cultural Resources Mitigation Measure CULT 1: A qualified archaeologist shall be present during any demolition or ground disturbing activities in the project area. Resolution No. 10599 (2015 Series) Page 9 ➢ Monitoring Plan, CULT 1: All mitigation measures shall be shown on grading and building plans and be clearly visible to contractors and City inspectors. City staff will periodically inspect the site for continued compliance with the above mitigation measure. Mitigation Measure CULT 2: In the event that prehistoric or historic archaeological resources are encountered during excavation (including but not limited to bedrock mortars, historical trash deposits, historic features, and human burials), work shall cease until a qualified archaeologist makes determinations on possible significance, recommends appropriate measures to minimize impacts, and provides information on how to proceed in light of the discoveries. All specialist recommendations shall be communicated to the City of San Luis Obispo Community Development Department prior to resuming work to ensure the project continues within procedural parameters accepted by the City of San Luis Obispo and the State of California. ➢ Monitoring Plan, CULT 2: All mitigation measures shall be shown on grading and building plans and be clearly visible to contractors and City inspectors. City staff will periodically inspect the site for continued compliance with the above mitigation measure. Geology & Soils Mitigation Measure GEO 1: A geotechnical engineering investigation shall be undertaken and a comprehensive design -level report prepared based on the final approved design of the Project. Additional borings will be required to address specific areas of the site once building layout and structural foundation loads are determined, or can be reasonably estimated. The report shall address site preparation and grading, total and differential settlement under the structure loads, retaining wall design parameters, slabs -on- grade, expansive soils, site - specific seismicity (including seismic loads on retaining walls), and any other items deemed relevant to the geotechnical engineer. ➢ Monitoring Plan, GEO 1: All mitigation measures shall be shown on grading and building plans. Community Development Planning and Public Works staff shall review the geotechnical analysis as part of the Building Permit application package prior to issuance of grading or construction permits. SECTION 3. Action. The City Council hereby upholds the appeal (filed by the Applicant) of the Planning Commission's decision to uphold the appeal (filed by Robert Lucas) of the Administrative Hearing Officer's approval of the Use Permit, denies the appeal (Filed by Angella Soll and Robert Lucas) of the Architectural Review Commission's approval of the design of the Project, and hereby approves the Project (File No. 143 -13) subject to the mitigation measures in Section 2 above and the following conditions: Use Permit Conditions: 1. The proposed use shall operate in accordance with the submitted Project description and revised Project plans (removal of creek - facing balconies, enclosure of parking garage, etc.) approved by the City Council. Resolution No. 10599 (2015 Series) Page 10 2. The applicant shall provide an on -site manager contact for neighboring residences and to coordinate special events with neighboring commercial properties. 3. The affected parties must record a reciprocal use agreement governing the shared use of the parking area prior to recordation of the Lot Line Adjustment in a form satisfactory to the City Attorney. 4. To the maximum extent feasible, the applicant shall tint (approximately 50 %) the windows on the creek - facing (east) facade of the building to reduce light spill, to the satisfaction of the Community Development Director. These windows shall not have a mirrored finish. Tinted glass samples shall be provide prior to or along with plans submitted for a building permit. 5. The Use Permit shall be reviewed by the Community Development Director for compliance with conditions of approval, or to determine whether a modification of the Use Permit is necessary upon significant change to the business as represented in the Council Agenda Report and attachment dated February 17, 2015. 6. The Use Permit shall be reviewed by the Planning Commission if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, or Police Department employee, that includes information and /or evidence supporting a conclusion that a violation of this Use Permit, or of City ordinances or regulations applicable to the property or the operation of the business, has occurred. At the time of the Use Permit review, to insure on -going compatibility of the uses on the project site, conditions of approval may be added, deleted, or modified. 7. 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 City shall fully cooperate in the defense against an Indemnified Claim. Architectural Review Conditions: Planning Division — Community Development Department Final project design and construction drawings shall be in substantial compliance with the project plans approved by the City Council A separate full -size sheet shall be included in working drawings submitted for a building permit that list all conditions, and code requirements of project approval as Sheet No. 2. Reference should 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 of Community Development or Architectural Review Commission, as deemed appropriate. Resolution No. 10599 (2015 Series) Page 11 9. Plans submitted for a building permit shall call out the colors and materials of all proposed building surfaces and other improvements on elevation drawings. Plans shall clearly note that all stucco surfaces are not a sprayed -on product and have a smooth hand - troweled or sand finish appearance to the satisfaction of the Community Development Director. 10. Plans submitted for a building permit shall include window details indicating the type of materials for the window frames and mullions, their dimensions, and colors. Plans shall include the materials and dimensions of all lintels, sills, surrounds recesses and other related window features. 11. The locations of all lighting, including bollard style landscaping or path lighting, shall be included in plans submitted for a building permit. All wall - mounted lighting fixtures shall be clearly called out on building elevations included as part of working drawings. All wall- mounted lighting shall complement building architecture. The lighting schedule for the building shall include a graphic representation of the proposed lighting fixtures and cut - sheets on the submitted building plans. The selected fixture(s) shall be shielded to insure that light is directed downward consistent with the requirements of the City's Night Sky Preservation standards contained in Chapter 17.23 of the Zoning Regulations. a. A photometric plan shall be provided per Zoning Regulations Section 17.23.030.3 12. Mechanical and electrical equipment shall be located internally to the building. With submittal of working drawings, the applicant shall include sectional views of the building, which clearly show the sizes of any proposed condensers and other mechanical equipment. If any condensers or other mechanical equipment is to be placed on the roof, plans submitted for a building permit shall confirm that parapets and other roof features will adequately screen them. A line -of -sight diagram shall be included to confirm that proposed screening will be adequate. This condition applies to initial construction and later improvements. 13. 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. a. Any proposed landscape lighting shall be shown on plans submitted for a building permit and plans shall clearly indicate lighting to utilize a narrow cone of light (no brighter than approximately 15 watts) for the purpose of confining the light to the object of interest. 14. The location of any required backflow preventer and double -check assembly shall be shown on all site plans submitted for a building permit, including the landscaping plan. Construction plans shall also include a scaled diagram of the equipment proposed. Where possible, as determined by the Utilities Director, equipment shall be located inside the building within 20 feet of the front property line. Where this is not possible, as Resolution No. 10599 (2015 Series) Page 12 determined by the Utilities Director, the back flow preventer and double -check assembly shall be located in the street yard and screened using a combination of paint color, landscaping and, if deemed appropriate by the Community Development Director, a low wall. The size and configuration of such equipment shall be subject to review and approval by the Utilities and Community Development Directors. 15. The proposed rooftop signage (Sheet A7.1 view 02) shall be removed. 16. The proposed green- screen living wall shall comply with the requirements of Zoning Regulations Section 17.16.050 (Fences, Walls and Hedges). 17. The hotel shall maintain a nighttime staff that can quickly respond to guest or to neighbor's complaints about excessive noise within less than ten minutes. 18. The surface of the parking areas shall be finished with a texture that lessens the potential for tire squeal. Concrete surface treatments that can achieve this include burlap drag texturing. This shall be shown on plans submitted for a building permit. 19. The echo effects within the parking levels shall be reduced by surfacing portions of the ceiling with sound absorbing material. A variety of products are available for this purpose including foam or porous expanded polypropylene panels. 20. The "headlight wall" bordering the parking area shall be constructed of a solid material with no openings or gaps. The driveway ramp that connects the two parking levels shall be enclosed by a sound blocking wall that is at least as high as the "headlight wall ". This wall shall be compatible in design with adjacent screening walls and the final design and placement shall be to the satisfaction of the Community Development Director. 21. Construction activities shall take place only between the hours of 7 AM to 7 PM. 22. As required by the City's California Existing Building Code (SLOMC 15.04.040.F), the applicant shall explore relocation rather than demolition of the existing Tudor Revival style structure, to the satisfaction of the Community Development Director. 23. The applicant shall work with the Monday Club (1815 Monterey) to coordinate any landscaping or other screening permitted under city policy or regulations to screen the hotel from the Monday Club. Final landscaping plans shall be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties and shall be subject to the final approval of the Community Development Director and Natural Resources Manager. 24. The applicant shall fully enclose the parking at grade level on the east elevation. Final plans shall be subject to the final approval of the Community Development Director. 25. The applicant shall add additional landscaping at the rear of the property, subject to the final approval of the Community Development Director and Natural Resources Manager. Resolution No. 10599 (2015 Series) Page 13 26. No windows openings on the east elevation shall be modified for balconies, decks, or to expand outside uses. Engineering Division — Public Works /Community Development Department 27. The underlying property line(s) shall be merged or adjusted prior to building permit issuance. 28. Any proposed or required easements shall be recorded prior to permit issuance. Any required common driveway or shared parking agreements shall be approved and recorded prior to building permit issuance. 29. Work or construction staging within the public right -of -way requires an encroachment permit from the Public Works Department. All work within the public right -of -way shall be subject to the City Engineering Standards in effect at the time of permit issuance. Any curb, gutter, and sidewalk work shall comply with the standards for the Mission Style district as extended to upper Monterey Street. 30. The existing, proposed, and /or altered driveway approaches shall be shown to comply with current ADA and City Engineering Standards. Any sections of damaged or displaced curb, gutter, and sidewalk shall be repaired or replaced to the satisfaction of the City Engineer prior to final inspection approvals. 31. This property and project is located within a mapped Special Flood Hazard Area (SFHA) as shown on the most current Flood Insurance Rate Map (FIRM). The project shall comply with the Floodplain Management Regulations. The final plans and drainage report shall show and reference the mapped Floodzone. The project shall comply with the mapped zone unless a Letter of Map Revision (LOMR) is processed through FEMA. If proposed, a Conditional Letter of Map Revision (CLOMR) or LOMR (Determination Document) shall be approved prior to building permit issuance. 32. Work within the channel or riparian areas shall be approved by the City of San Luis Obispo and other pertinent regulatory agencies prior to demolition, grading, or construction permit issuance. The new pipe outlet to San Luis Creek shall be approved by all agencies having jurisdiction prior to building permit issuance. 33. The final plans and drainage report shall show and note compliance with the Floodplain Management Regulations, Waterway Management Plan Drainage Design Manual, and Post Construction Stormwater Regulations as promulgated by the Regional Water Quality Control Board per their Resolution R3- 2013 -0032. 34. The building plan submittal shall include a preliminary Operations and Maintenance manual for all proposed BMP's. A final or updated manual shall be provided to the city prior to final inspection approvals. A private stormwater conveyance agreement shall be recorded in a format provided by the city prior to final inspection approvals. Resolution No. 10599 (2015 Series) Page 14 35. Wiring to the new building shall be underground. Undergrounding of wiring shall be completed without a net increase of utility poles within the public right -of -way. If PGE, AT &T, and Charter plans are not available at the time of plan review and permit issuance, they shall be listed on the cover sheet of the plans as a deferred submittal item. Deferred submittal items shall be reviewed by the architect of record or engineer of record for compliance with the respective site designs and shall be forwarded to the city for review and approval. 36. The building plan submittal and /or demolition plans shall include a detailed tree inventory and summary of trees to remain and trees to be removed. The plans shall include a report from a certified arborist with recommendations for tree preservation measures for all on -site and any off -site trees needing specific protections during construction. 37. The existing 24" Norfolk Island Pine located on the 1865 Monterey property shall be retained unless otherwise approved for removal by the City Arborist and Community Development Director. A tree removal proposal will require a report from a certified arborist detailing the reason for the proposed removal. 38. The two existing Deodara Cedar trees located in the front yard setback shall be retained and incorporated into the final site plan unless otherwise approved for removal by the City Arborist and Community Development Director. A tree removal proposal will require a report from a certified arborist with a summary of why one or both of the tree(s) can't be saved. If approved for removal, compensatory evergreen tree(s) shall be incorporated into the front yard setback area. 39. Two 15- gallon Zone 1 street trees shall be planted in the public sidewalk area along the project frontage. Street tree species and plantings shall be installed per City Engineering Standards and approved by the City Arborist. Trees shall be planted in a tree well with grates and guards. An alternate tree species (Gold Medallion), as planted in this block of Monterey, could be supported. Resolution No. 10599 (2015 Series) Page 15 Transportation Division — Public Works Department 40. Due to its close proximity to the main project driveway, the project's southerly driveway shall either be eliminated or redesigned as an "entrance only" one way driveway. a. After one year of operation of the hotel, the applicant may submit a request that the City analyze the potential impacts of modifying the project's one -way driveway to a two -way driveway. If the analysis supports the conversion of the driveway, the applicant shall be responsible for all costs associated with its design, permitting and construction. 41. To further ensure pedestrian safety, the northerly project driveway exit shall provide a minimum of ten feet clear visibility to the back of sidewalk on both sides of the exit. The distance shall be measured from 8 feet behind the stop bar and two feet to the right of the centerline where a driver would be located in a stopped vehicle and shown on building plans. 42. Long and short-term bicycle parking for the existing restaurant use and the posed hotel use shall be provided in accordance with Table 6.5 of the Zoning Regulations. Bicycle parking shall be installed at highly visible locations that are as close to the main entrance of the destination as possible (a location as convenient as the most convenient automobile parking space). Dimensioned locations and details of the short and long -term bicycle parking shall be provided on the project's construction plans including rack design, location, clearances and circulation needs for users in compliance with manufacturers' standards. Each parking space shall include a 2x6 ft. footprint unless noted otherwise by the manufacturer. a. Approved short -term bicycle rack designs include the inverted "U" or "Peak Racks ". "Ribbon" type racks are not approved for use in the City. b. Long -term bicycle parking may consist of lockers installed either within or outside the building. As an alternative, a lockable room within the building that is labeled and reserved for bicycle storage may substitute for bicycle lockers. Provide details and specifications for bicycle lockers /rooms to the satisfaction of the Planning Division. Fire Department 43. Building construction type will require Type II -B with one -hour fire rated separation between dwelling units. The Project will require an NFPA 13 fire sprinkler system. These requirements are a trade -off for lack of Fire Department ladder truck access to the new building. 44. Fire sprinkler system OS &Y /backflow device shall be located within 40 feet of existing hydrant. 45. OS &Y /backflow device can be located vertically inside the building, facing the street, if it is in a two -hour fire rated room /closet with exterior door access. Backflow device shall be within 20 feet of the property line at the street. Resolution No. 10599 (2015 Series) Page 16 Utilities Department 46. Since the project at 1845 Monterey is proposing to share trash and recycling facilities with the adjoining property at 1865 Monterey, an reciprocal easement /agreement governing the shared use of the trash and recycling facilities in a form subject to the approval of the City Attorney shall be recorded prior to Building Permit issuance. 47. If the existing sewer lateral at 1845 Monterey is proposed to be reused, submittal of a video inspection will be required for review and approval of the Utilities Department prior to issuance of a Building Permit. If a new lateral is proposed, the existing lateral must be abandoned per City standards. 48. According to Sheet L1.0, the proposed project at 1845 Monterey has 3,448 square feet of landscaping. New non - residential development with a landscape area of 1,000 square feet or greater must install an irrigation meter and pay the associated impact fee (Green Building Code 5.304.2). Natural Resources Division 49. Subject to the final approval of the Natural Resources Manager and City Arborist, the existing eucalyptus tree within the C /OS -5 zone may be retained with safety pruning and regular cleanup and maintenance of leaf litter so as to allow other native vegetation access to necessary light and space. 50. The riparian and upland vegetation letter from Firma Consultants Incorporated (dated: October 8, 2014) is supported by the Natural Resources Manager. Newly introduced native species shall be monitored for a period of approximately three years to ensure successful establishment of the species. Note: Code requirements provided to applicant separately. Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Christianson, and on the following roll call vote: AYES: Council Members Christianson and Rivoire, and Vice Mayor Ashbaugh NOES: Council Member Carpenter and Mayor Marx ABSENT: None Resolution No. 10599 (2015 Series) Page 17 The foregoing resolution was adopted this 17th day of February, 2015. May )'Jan Marx ATTEST: r nthon M ,� City Clerk 7LChr�istine V 1 AST 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, this -2- day of I e bYJ aY-•- �_ _ 20 ► 5 A;'IAc nthony jia, City Clerk