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HomeMy WebLinkAboutR-10647 Tentative Tract map no 3009 creating 35 lots for property located at 250 Tank Farm Rd Coker-EllsworthRESOLUTION NO. 10647 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP NO. 3009 CREATING 35 LOTS FOR PROPERTY LOCATED AT 250 TANK FARM ROAD (TR/ER 65 -14; TRACT #3009 COKER- ELLSWORTH) WHEREAS, 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, on May 27, 2015, for the purpose of formulating and forwarding recommendations to the City Council regarding TR/ER 65 -14, a tentative tract map subdividing an approximately 20- acre site into 35 lots; and WHEREAS, at the May 27, 2015 public hearing, the Planning Commission recommended the City Council approve the project; 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 July 7, 2015, for the purpose of considering the Planning Commission recommendation regarding TR/ER 65 -14; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council reviewed and considered the initial study of environmental impact as prepared by staff and as reviewed by the Planning Commission; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. CE QA Findings. Mitigation Measures and Mitigation Monitoring Program. Based upon all the evidence, the City Council makes the following CEQA findings in support of the Tentative Map 65 -14 (Tract No. 3009): 1. The proposed project is consistent with the requirements of the Airport Area Specific Plan Final Environmental Impact Report (FEIR) certified and adopted by the City Council, dated September 2003, and this approval incorporates those FEIR mitigation measures as applicable. R 10647 Resolution No. 10647 Page 2 2. A supplemental initial study has been prepared for TM #3009 addressing potential environmental impacts which were not identified or detailed in the FEIR for the Airport Area Specific Plan for detailed subdivision/development. The Community Development Director has recommended that the results of that additional analysis be incorporated into a Mitigated Negative Declaration (MND) of environmental impacts, and recommends adoption of additional mitigation measures to those imposed by the FEIR, all of which are incorporated below. 3. As conditioned, the project is consistent with the San Luis Obispo County Airport Land Use Plan since any new land uses will require subsequent analysis and the proposed subdivision and public improvements are compatible with Airport Land Use policies. 4. All potentially significant environmental impacts are reduced to less than significant with proposed mitigation. Potential impacts to Agricultural Resources were determined to be a significant and unavoidable environmental impact in the 2003 Airport Area Specific Plan EIR and an overriding consideration was adopted, assuming this impact. However, development of this site implements appropriate mitigation to help offset environmental impacts by acquiring permanent agricultural land preservation easements, thereby reducing potential environmental impacts to less than significant. 5. All potentially significant effects were analyzed adequately in the referenced FEIR and IS- MND, subject to the following mitigation measures being incorporated into the project, and the mitigation monitoring program being followed as design and public improvements construction proceed. REQUIRED MITIGATION AND MONITORING PROGRAMS Mitigation Measures Section 1, Aesthetics: A. Detention basins shall avoid slopes that exceed 3:1 and shall avoid the use of concrete retaining walls. Any required barrier fencing shall be designed to avoid blocking views along the Tank Farm Road corridor while allowing a landscape planter with a minimum width of 5 feet between the fence and public sidewalks. Monitoring Program: Community Development Department staff will insure that project plans incorporate the mitigation measures. City engineering staff will inspect the construction operations to verify conformance with specifications and mitigations. Mitigation Measures Section 2, Agricultural Resources: A. See Land Use, Section 10 Resolution No. 10647 Mitization Measures Section 3, Air Quality: Short term construction impacts Page 3 A. 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 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 City Public Works Department 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. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water shall be used whenever possible. 3) Dirt stock pile areas (if any) should be sprayed daily as needed. 4) All areas disturbed by construction shall be re- vegetated with plant materials to the approval of the City Biologist and if involved, the Department of Fish & Game. 5) Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. 6) All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. 7) Equipment must be washed down before moving from the property onto a paved public road; and visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty -four (24) hours. + Monitoring Program: Community Development Department staff will insure that project plans incorporate the mitigation measures. City engineering staff will inspect the construction operations to verify conformance with specifications and mitigations. Miti ation Measures Section 5,-Cultural Resources A. If excavations encounter significant paleontological resources, archaeological resources or cultural materials, then construction activities that may affect them shall cease until the extent of the resource is determined and the Community Development Director approves appropriate protective measures. The Community Development Director shall be notified of the extent and location of discovered materials so that a qualified archaeologist may record them. B. If pre- historic Native American artifacts are encountered, a Native American monitor should be called in to work with the archaeologist to document and remove the items. Disposition of artifacts shall comply with state and federal laws. • Monitoring Program Requirements for cultural resource mitigation shall be clearly noted on all plans for project grading and construction. Resolution No. 10647 Mitigation Measures Section 8, Hazards Page 4 Preparation and Implementation of a "Construction- Related Hazardous Materials Management Plan" A. As stipulated in the MASP /AASP EIR, the applicant shall prepare a plan identifying, when they are known, site /development - specific construction activities that will involve the hazardous materials. The plan shall be prepared before construction activities begin that involve hazardous materials and shall discuss proper handling and disposal of materials used or produced onsite, such as petroleum products, concrete, and sanitary waste. The plan will also outline a specific protocol to identify health risks associated with the presence of chemical compounds in the soil and/or groundwater and identify specific protective measures to be followed by the workers entering the work area. If the presence of hazardous materials is suspected or encountered during construction- related activities, the project applicant will cause Mitigation Measure HAZ -1.2 to be activated. Mitigation Measure HAZ -1.2 states: "The project proponent will complete a Phase I environmental site assessment for each proposed public facility (e.g. streets and buried infrastructure). If Phase I site assessments indicate a potential for soil and /or groundwater contamination within or adjacent to the road or utility alignments, a Phase II site assessment will be completed. The following Phase II environmental site assessments will be prepared specific to soil and /or groundwater contamination. a. Soil Contamination. For soil contamination, the Phase II site assessment will include soil sampling and analysis for anticipated contaminating substances. If soil contamination is exposed during construction, the San Luis Obispo Fire Department ( SLOFD) will be notified and a work plan to characterize and possibly remove contaminated soil will be prepared, submitted and approved. b. Groundwater Contamination. For groundwater contamination, the Phase II assessment may include monitoring well installation, groundwater sampling, and analysis for anticipated contaminating substances. W groundwater contaminated by potentially hazardous materials is expected to be extracted during dewatering, the SLOFD and the Central Coast RWQCB will be notified. A contingency plan to dispose of contaminated groundwater will be developed in agreement with the SLOFD and Central Coast RWQCB. + Monitoring Program: The "Construction- Related Hazardous Materials Management Plan" will be required to be submitted to the City Community Development Department and Fire Department for review prior to commencement of any site preparation or construction work involving hazardous materials. No site preparation or construction work may commence before said plan has been approved by the City. Any site work commenced without City approval of said Plan will be subject to "Stop Work" (cease and desist) orders as may be issued under the authority of the City Fire Department. Resolution No. 10647 Page 5 Preparation and Implementation of an "Operations- Related Hazardous Materials Management Plan" B. As stipulated in the MASP /AASP EIR, the applicant shall prepare a plan identifying hazardous materials management practices as might be required by state and local laws and regulations regarding delivery, use, manufacture, and storage of any such regulated materials might be present on site for any operations- related activities. This plan would identify the proper handling and disposal of materials uses or produced onsite, such as petroleum products, concrete, and sanitary waste. By the filing of said Plan, the City Fire Department will be on notice to provide regular and routine fire and life- safety inspections to determine compliance with applicable health and safety codes. • Monitoring Program: The "Operations- Related Hazardous Materials Management Plan" will be required to be submitted by a project applicant to the City Community Development Department and City Fire Department for review prior to the establishment of any operations - related activities. Conduct a Geologic Evaluation to Determine if NOA is Present C. According to the APCD the project site is a candidate area for NOA, which has been identified as a toxic air contaminant by the ARB. The project applicant is responsible for conducting a geologic evaluation of the area that will be disturbed to determine if NOA is present. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM (Air Toxics Control Measure). If NOA is not present, an exemption request must be filed with the APCD. R Monitoring Program: The geologic evaluation will be required to be submitted by a project proponent to the City Community Development Department and APCD for review prior to any grading activities. If NOA is found at the site the Asbestos ATCM shall include an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program subject to the approval of the APCD. Mitigation Measures Section 10, Land Use A. Prior to issuance of a construction permit, the applicant shall implement policy 3.2.18 and/or Program 3.3.14 of the Airport Area Specific Plan by dedicating conservation easements for open space or agriculture on land within the Airport Area Specific Plan or within the San Luis Obispo Greenbelt in an amount equal to or greater than the area to be developed or by payment of an in -lieu fee in an amount to sufficient to allow the City to acquire conservation easements consistent with the intent of Resolution 9728(2005) and consistent with AASP program 3.3.14. ■ Monitoring Program: A conservation easement shall be recorded or in -lieu fees shall be paid prior to issuance of construction permits for new development. Resolution No. 10647 Page 6 SECTION 2. Tract Map Approval with Findings & Conditions. The City Council does hereby approve application TR/ER 65 -14 (Tract Map #3009, "Coker Ellsworth "), a tentative tract map to create up to 35 commercial lots, based on the following findings, and subject to the following conditions being incorporated into the project: FindinL,s' 1. As conditioned, the design of the Tentative Tract Map is consistent with the General Plan because the proposed subdivision respects existing site constraints, will incrementally add to the City's commercial land inventory, results in parcels that meet minimum area standards, and will be consistent with the lot sizes and project amenities established by the Airport Area Specific Plan. 2. The site is physically suited for the type and density of development allowed in the C -S zoning district. 3. The design of the tentative tract map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat, since further development or redevelopment of the proposed parcels will occur consistent with the tentative map, the Airport Area Specific Plan and the required architectural review process, which will allow for detailed review of any development plans to assure compliance with City plans, policies, and standards. 4. As conditioned, the design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision, and the project is consistent with the pattern of development prescribed in the Orcutt Area Specific Plan. Conditions: Engineering 1. The subdivision shall be recorded with a final map. The map preparation and monumentation shall be in accordance with the city's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The map shall use U.S. Customary Units in accordance with the current City Engineering Standards. A separate application, checklist, and final map review fee shall be paid at the time of final map processing. 2. The required subdivision improvement plans and supporting documents shall be submitted to the City along with a separate application, checklist, engineers estimate of probable costs, and the improvement plan review fees in effect at the time of submittal. 3. The subdivider shall dedicate a 10' wide public utility easement and street tree easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 4. The final map shall include all public road offers of dedication for the widening of Tank Farm Road, the Sueldo Street extension, and for new local Streets A — D. The final map shall show and label all existing and proposed public and private easements, public utility easements, and any quit -claim of the same. The final map submittal documents shall clarify any development restrictions related to the existing easements. Resolution No. 10647 Page 7 5. Any easements including but not limited to provisions for all public and private utilities, access, grading, drainage, slope banks, construction, common driveways, and maintenance of the same shall be shown on the final map and/or shall be recorded separately prior to map recordation if applicable. Said easements may be provided for in part or in total as blanket easements. 6. Access rights shall be dedicated to the City along Tank Farm Road except at approved road connection locations shown on the tentative map. 7. The subdivider and/or contractor shall coordinate a pre - construction meeting through the Public Works Department prior to commencing with any demolition, grading, or subdivision improvement work. The subdivider or contractor shall provide written notice and a tentative construction schedule to the adjoining developed properties with immediate access off of the proposed Sueldo Street extension. The notice shall be provided to the City of San Luis Obispo and to the Maino and the Promega Biosciences properties located at 3591 Sueldo and 277 Granada respectively. 8. The developer shall provide a street naming plan an addressing plan for the subdivision per the city street naming and addressing policies and standards. Street naming shall be established prior to map recordation and subdivision improvement plan approvals. 9. The improvement plans shall include provisions and details for commercial mail box unit(s) (MBU's) to the satisfaction of the Post Master and the City of San Luis Obispo. 10. The final curb ramp locations, orientations, and receiving ramp requirements for all "T" intersections and knuckles shall be designed in accordance with the latest City Engineering Standards, Cal Trans Standards, and ADA guidelines in effect at the time of development. The curb ramps crossing Street B at Tank Farm Road may be required to be designed as directional ramps. A preliminary analysis shall be reviewed and endorsed by the Public Works Department prior to development and submittal of the final improvement plans. 11. Unless otherwise approved for deferral by the City Engineer, a standard driveway approach and/or common driveway approach shall be installed at each lot. Any common driveway approach shall be accompanied by an appropriate common driveway /private access easement. 12. The final improvement plans and map shall justify the proposed alignment of Street D with the existing offer of dedication for the westerly extension of the road across the Farm Supply property. The plans and/or separate exhibits shall clarify the existing and proposed grades, existing building locations, and ultimate street sections and transitions across the westerly tract boundary. 13. A separate building permit, electrical permit, and/or plumbing permit shall be obtained for the upgrade, alteration, and/or relocation of any on -site utilities or the drilling or abandonment of any water well. Any required utility alterations shall have all work completed and final inspections approved to the satisfaction of the Building Official prior to recordation of the map. Resolution No. 10647 Page 8 14. The improvement plan submittal shall show and label all existing water wells and appurtenances. The plans shall include the existing well located in the northeast portion of the parcel near Lot 16. The plan shall clarify the proposed disposition of each water well and appurtenances. Existing overhead electrical serving any wells to remain shall be placed underground in conjunction with the subdivision improvements. The improvement plans shall show and label any minimum water well setbacks from the proposed sewer mains /laterals, recycled water mains /services, and dry wells in accordance with current State regulations. An RP principle backflow device shall be provided on the user side of each domestic water meter on each lot proposing the use of well water or recycled water for irrigation. 15. The subdivider shall place underground, all existing overhead utilities along the Tract boundaries to the satisfaction of the Public Works Director and utility companies. The improvement plan submittal shall show all existing and proposed wire utilities, easements, and any new infrastructure needed to re -feed existing neighboring development. No new utility poles shall be placed within the public right -of -way unless specifically approved to the satisfaction of the Public Works Department. The developer may consider, with the approval of PGE and the City, the relocation of the existing overhead services to underground services within the new public streets to accommodate zero setback building construction as allowed in the C -S zone. 16. The subdivider shall install street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and lumenaires per City Engineering Standards. The current standard includes LED lighting and is required within this subdivision. Off -site street lighting improvements, alterations, or upgrades may be required along roadways leading to and from the proposed development to complete the necessary public improvements. 17. Utility connections shall be provided to each lot in accordance with the subdivision regulations and the City Engineering Standards in effect at the time of plan submittal. 18. Final grades and alignments of all public and/or private water, sewer and storm drains shall be approved to the satisfaction of the Public Works Director and Utilities Department. Unless otherwise waived or deferred by the Utilities Department, a public sewer main shall be extended in Tank Farm Road along the tract boundary as required for orderly development. 19. The improvement plan submittal shall include a sewer service study and additional off - site analysis of the proposed "Unocal" sewer main extension to Tract 3011 and the adjoining Margarita Area Specific Plan (MASP) properties. The study scope shall be established and approved to the satisfaction of the Utilities Department. The study shall establish the minimum depth and size of the required sewer for the manhole at the intersection of Street B and Street E. 20. Final fire hydrant locations at intersections and at mid -block locations shall comply with the adopted Fire Code and City Engineering Standards and shall be approved to the satisfaction of the Fire Department. Resolution No. 10647 Page 9 21. The subdivision improvements and future lot development shall comply with the Waterway Management Plan Drainage Design Manual, Stormwater Ordinance, Post Construction Stormwater Regulations as promulgated by the Regional Water Quality Control Board and any modifications or updates to the same. Future development or redevelopment of the lots within the subdivision will require a site specific soils report, grading and drainage plan and final drainage report based on the regulations in effect at the time of development. 22. A final drainage report shall be submitted with the subdivision improvement plan submittal. The final report and improvement plans shall comply with City Engineering Standards and the Drainage Design Manual unless an alternate analysis is approved by the City Engineer. The project soils engineer shall review the proposed improvement plans and drainage strategy for consistency with the recommendations in the soils report. The soils engineer shall provide specific recommendations regarding the drainage of the basins and proposed dry well construction. 23. An operations and maintenance manual will be required for the post - construction stormwater improvements. A private stormwater conveyance agreement will be required and shall be recorded prior to final inspection approvals. The proposed Lot 1 and Lot 16 basins shall be maintained by the underlying property owner(s) or by a property owner association. Individual lot development will require similar documentation and agreements at the time of development. 24. The subdivision grading plan shall include details of the proposed interim detention/retention for the undeveloped lots in accordance with the proposed drainage and post construction stormwater compliance strategy. 25. The subdivision grading plan shall clarify the final street and pad grades. The plan shall clarify the limits of pad construction, slope banks, and/or retaining walls needed to achieve the designed pad heights. The plan shall evaluate any upslope and off -site watersheds that might be tributary to the subdivision. The plan shall show how any historic run -on from adjoining properties will be accepted and conveyed or diverted to a safe point of disposal. The subdivision improvement plan submittal shall demonstrate compliance with the Parking and Driveway Standards for upsloping driveways and parking lot development for a sample lot with the greatest street to pad grade differential. 26. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of one or more acres. Storm water discharges of less than one acre which are part of a larger common plan of development or sale, also require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed. "Notice of Intent" (NOI) form, with the appropriate fee, to the State Water Board's SMARTS system. The required Waste Discharger Identification (WDID) number shall be included on the public improvement plans for reference. Resolution No. 10647 Page 10 27. Street trees are required as a condition of development. Street trees shall generally be planted at the rate of one 15- gallon street tree for each 35 linear feet of property frontage along Tank Farm Road. The trees shall be planted in accordance with the landscape plan for the detention basin(s) to the satisfaction of the Planning Department and the Public Works Department. The City Arborist shall approve the tree species and planting requirements. Street tree planting for individual lots will be required at the time of lot development and as a condition of the building permit. 28. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map. All coordinates submitted shall be based on the City coordinate system. A computer disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. Transportation 29. The intersection of Street B & Tank Farm is planned as a collector intersection with access to Buckley towards the North and access to the Prado towards the North. Adequate space shall to be provided for future traffic controls and turning lane capacity (Thru lane with Left and Right turn pockets). The City's circulation element establishes roundabouts as the preferred intersection control type, therefore the applicant shall layout an FHWA multilane roundabout at this intersection and set building footprints so as not to conflict with future construction of a roundabout. 30. Driveway locations for parcels shall comply with the Transportation Research Board's Access Management Manual. Driveways may need to be shared between properties and/or adjusted to provide adequate spacing between other driveways and intersections. 31. Design of Tank Farm road shall be consistent with applicable specific plan cross sections, coordinate with cross sections planed or constructed by Chevron, and shall begin to transition back to existing cross - sections only at the property line. 32. Street B shall be designed to comply with City design standards relating to curvature and tangent sections. Utilities 33. Blowoff assemblies shall be installed at each end of the proposed 12" recycled water main. 34. A hydrant assembly shall be installed at east end of the proposed 12" potable water main. Planning Requirements Proposed lots 34 and 35 do not meet minimum lot size requirements and shall be reserved for public improvements, detention basin requirements, or merged with adjacent lots to meet the minimum required size of 9,000 square feet. If the lots remain below the lot size minimum prior to recordation of the final map, a covenant, easement or other mechanism in a form subject to the approval of the City Attorney restricting private development of the sites shall be provided with the final map. Resolution No. 10647 Page 11 2. Public improvement plans shall include complete landscape plans that include street trees, drought tolerant landscape and ground cover mulch. A landscape plan for the detention basin areas shall be designed to naturalize the basins with ground cover and shrubs to prevent erosion and to maintain aesthetics, while minimizing weeds and invasive species. 3. At the time of submittal of a request for a final map, the subdivider shall provide a written report detailing the methods and techniques employed for complying with all required environmental mitigation measures as adopted herein. 4. In order to be consistent with the requirements of the Airport Area Specific Plan and County Airport Land Use Plan, the property owner shall grant an avigation easement for the benefit and protection of the City of San Luis Obispo, the County of San Luis Obispo and the San Luis Obispo County Airport via an avigation easement document prior to the recordation of the final map. 5. All new land uses shall be reviewed for compliance with the California Airport Land Use Planning Handbook. 6. All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) shall receive full and accurate disclosure concerning the noise, safety, or overflight impacts associated with airport operations prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties within the airport area. 7. Provisions for trash, recycle, and green waste containment, screening, and collection shall be approved to the satisfaction of the City and San Luis Obispo Garbage Company. Proposed refuse storage area(s) and on -site conveyance shall consider convenience, aesthetics, safety, and functionality. Ownership boundaries and/or easements shall be considered in the final design. Any common storage areas shall be maintained by the HOA and shall be included in the CCR's or other property maintenance agreement accordingly. The solid waste solutions shall be shown and noted on the submittal(s) for Architectural Review Commission (ARC) approvals. 8. The subdivider shall develop a Construction Management Plan for review and approval by the Public Works and Community Development Directors. The plan shall be submitted prior to the issuance of a building permit for proposed project buildings and/or a phase of buildings. In addition, the contractor or builder shall designate a person or persons to monitor the Construction Management Plan components and provide their contact names and phone numbers. The Construction Management Plan shall include at least the following items and requirements: a. A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak traffic and pedestrian hours, detour signs if required, directional signs for construction vehicles, and designated construction access routes. b. Notification procedures for adjacent property owners and public safety personnel regarding when major deliveries and more intensive site work may be occurring, c. Location of construction staging areas which shall be located on the project site, for materials, equipment, and vehicles. d. Identification of haul routes for movement of construction vehicles that would minimize impacts on vehicular and pedestrian traffic, circulation and safety, and noise impacts to surrounding neighbors. Resolution No. 10647 Page 12 e. The applicant shall ensure that the construction contractor employs the following noise reducing measures: 1) Standard construction activities shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Saturday. 2) All equipment shall have sound - control devices no less effective than those provided by the manufacturer. No equipment shall have un- muffled exhaust pipes; and 3) Stationary noise sources shall be located as far from sensitive receptors as possible, and they shall be muffled and enclosed within temporary sheds, or insulation barriers or other measures shall be incorporated to the extent possible. f. Temporary construction fences to contain debris and material and to secure the site. g. Provisions for removal of trash generated by project construction activity. h. A process for responding to, and tracking, complaints pertaining to construction activity. i. Provisions for monitoring surface streets used for truck routes so that any damage and debris attributable to the trucks can be identified and corrected. j. Designated location(s) for construction worker parking. 9. Pursuant to Government Code §66474.9(b), the subdivider 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 subdivision, and all actions relating thereto, including but not limited to environmental review. Upon motion of Council Member Carpenter, seconded by Council Member Christianson, and on the following roll call vote: AYES: Council Members Carpenter, Christianson, and Rivoire, Vice Mayor Ashbaugh, and Mayor Marx NOES: None ABSENT: None Resolution No. 10647 The foregoing resolution was adopted this 7th day of July, 2015. — /"�L 29i� Mayor a arx ATTEST: APPROVED AS TO FORM: Christine Dietrick City Attorney Page 13 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this day of � L, , zo I S'