Loading...
HomeMy WebLinkAboutR-10787 - Resolution denying an appeal filed by Teresa Matthews and Lydia Mourenza, thereby approving the rehabilitation, adaptive reuse, and repositioning of the master list historic Sandford house - 71 Palamar APPL-0158-2017RESOLUTION NO. 10787 (2017 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL FILED BY TERESA MATTHEWS AND LYDIA MOURENZA AND THEREBY APPROVING THE REHABILITATION, ADAPTIVE REUSE, AND REPOSITIONING OF THE MASTER LIST HISTORIC SANDFORD HOUSE AND THE CONSTRUCTION OF A NEW 33 -UNIT, MULTI -FAMILY RESIDENTIAL PROJECT, WITH A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND ATTACHMENTS DATED APRIL 4, 2017 (71 PALOMAR AVENUE, APPL-0158-2017) WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on June 27, 2016, with a four -two vote recommending the ARC approve the project, subject to the findings and conditions of CHC Resolution No. CHC -1009-16 pursuant to a proceeding instituted under ARCH 2193-2015, LR Development Group, applicant; 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 January 30, 2017, with a four -one vote approving the project, subject to the findings and conditions of ARC Resolution No. ARC -1002-17 pursuant to a proceeding instituted under ARCH 2193-2015, LR Development Group, applicant; and WHEREAS, on February 8, 2017, Teresa Matthews and Lydia Mourenza, the appellants, filed an appeal of the Architectural Review Commission's action on January 30, 2017; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on April 4, 2017, pursuant to a proceeding instituted under APPL-0158-2017, Teresa Matthews and Lydia Mourenza, the appellants; and WHEREAS, notices of said public hearing were made at the time and in the :Wanner required by law; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, the appellants, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Finciin-,s. Based upon all the evidence, the City Council makes the following findings to deny the appeal (APPL-0158-2017) of the Architectural Review Commission decision, thereby granting final approval to the project (ARCH 2193-2015): R 10787 Resolution 10787 (2017 Series) Page 2 1. That the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because the project respects site constraints and will be compatible with the scale and character of the neighborhood. 2. The proposed project is consistent with Housing Element Policies 8.1 and 2.17 because the project provides infill, high-density residential for a variety of special needs and meets the City's RHNA need for very low units. 3. The project is consistent with the City's Community Design Guidelines because the proposed project incorporates similar materials and architectural features to the surrounding neighborhood and provides a complementary color scheme. 4. The project design maintains consistency with the City's Community Design Guidelines by providing architectural design that complements the character, height and scale of the historic Sandford House and the surrounding neighborhood. 5. The proposed modifications to the Master List Historic Sandford House and site which includes rehabilitation, adaptive reuse, and repositioning is consistent with the Historic Preservation Guidelines and Secretary of Interior Standards, since character defining features will be retained, repaired, or replaced in kind. 6. That the proposed construction of the new, 33 -unit apartment buildings is consistent with Secretary of Interior Standards for new construction on historic properties since the new construction is subordinate to and compatible with the scale, size, massing and architectural features of the Master List Historic Sandford House. 7. That the proposed removal of the non -historic additions is consistent with the Secretary of Interior Standards for Rehabilitation because they have not acquired historic significant in their own right. 8. The project is consistent with Archaeological Resource Preservation Program Guidelines since the project will be required to include an excavation monitoring and data recovery plan to document and preserve any artifacts found during construction. 9. That the Initial Study of Environmental Impact and resultant Mitigated Negative Declaration properly characterize the project's potentially significant impacts and that the incorporated mitigations measures appropriately ensure that potentially significant impacts are mitigated to a less than significant level. SECTION 2. Environmental Review. The City Council hereby adopts the proposed Mitigated Negative Declaration of Environmental Impact that finds that with incorporation of mitigation measures, environmental impacts will be less than significant. Resolution 10787 (2017 Series) Air Quality Page 3 M i t ia,a t iu n Measure A Q-1: Prior to grading plan approval, the project proponent shall ensure that a geologic evaluation should be conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos ATOM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Technical Appendix 4.4 of this Handbook includes a map of zones throughout SLO County where NOA has been found and geological evaluation is required prior to any grading. More information on NOA can be found at http://www.slocleanair.orWrules- regulations/asbestos.ph-R. ➢ Monitoring Plan, AD -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. More information on NOA can be found at htip://www.slocleanair.or Ityles- regulations/asbestos.1ft. ➢ 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. a. Reduce the amount of disturbed area where possible. R 10787 Resolution 10787 (2017 Series) Page 4 b. 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. c. All dirt stock pile areas (if any) shall be sprayed daily and covered with tarps or other dust barriers as needed. d. 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. e. 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. f. 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. g. 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. h. Vehicle speed for all construction vehicles shall not exceed 15 m.p.h. on any unpaved surface at the construction site. i. All trucks hauling dirt, sand, soil, or other loose materials, are to be covered or shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall be used with reclaimed water should be used where feasible. Roads shall be pre -wetted prior to sweeping when feasible. 1. All PM 10 mitigation measures required shall be shown on grading and building plans. in. 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. Mojaitorimg, 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. R 10787 Resolution 10787 (2017 Series) Page 5 MitiEation Measure A04: 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. Mitiiation 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: 1. 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, 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: a. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors. b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted. c. Use of alternative fueled equipment is recommended. d. Signs that specify the no idling areas must be posted and enforced at the site. 3. Soil Transport. It is estimated that 16,000 cubic yards of cut material (i.e., soils) will be cut from the site, but 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 that idling control R 10787 Resolution 10787 (2017 Series) Page 6 techniques are being implemented to reduce sensitive receptor emissions impact of diesel vehicles and equipment during construction. 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. BioloLical Resources Miti:ation Measure BI0-1: Prior to commencement of construction, to avoid conflicts with nesting birds, construction activities shall not be allowed during the nesting bird season (February 1 to September 15). For construction activities occurring during the nesting season, surveys for nesting birds covered by the California Fish and Game Code and the Migratory Bird Treaty Act shall be conducted by a qualified biologist no more than 14 days prior to vegetation removal. The surveys shall include the disturbance area plus a 500 -foot buffer around the site. If active nests are located, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer shall be a minimum of 50 feet for non -raptor bird species and at least 300 feet for raptor species. Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and equipment until the adults and young are no longer reliant on the nest site. A qualified biologist shall confirm that breeding/nesting is completed and young have fledged the nest prior to removal of the buffer. ➢ Monitorin-Plan, BIO -1: Grading and building plans shall show and outline all details and requirements of the Migratory bird monitoring plan per the mitigation measure above. The plans shall call out the name and contact information of the qualified biologist that will survey the project site. Grading and building plans will be reviewed by City's Natural Resources Manager for compliance with the mitigation measure to ensure sufficient details are clearly visible for contractors and City inspectors. City staff will periodically inspect the site for continued compliance with the above mitigation measures. MiriLxation Measure B10-2: Prior to construction, a qualified biologist shall conduct a survey of existing structures within the project site to determine if roosting bats are present. The survey shall be conducted during the non -breeding season (November through March). The biologist shall have access to all interior attics, as needed. If a colony of bats is found roosting in any structure, further surveys shall be conducted sufficient to determine the species present and the type of roost (day, night, maternity, etc.) If the bats are not part of an active maternity colony, passive exclusion measures may be implemented in close coordination with CDFW. These exclusion measures must include one-way valves that allow bats to exit the structure but are designed so that the bats may not re-enter the structure. If a bat colony is excluded from the project site, appropriate alternate bat habitat as determined by a qualified biologist shall be installed on the project site or at an approved location offsite. Prior to removal of any trees over 20 -inches in diameter -at -breast -height (DBH), a survey shall be conducted by a qualified biologist to determine if any of the trees proposed for removal or trimming harbor sensitive bat species or maternal bat colonies. If a non -maternal roost is found, the qualified biologist, in close coordination with CDFW shall install one-way valves or R 10787 Resolution 10787 (2017 Series) Page 7 other appropriate passive relocation method. For each occupied roost removed, one bat box shall be installed in similar habitat and should have similar cavity or crevices properties to those which are removed, including access, ventilation, dimensions, height above ground, and thermal conditions. Maternal bat colonies may not be disturbed. ➢ Monitoring flan, BIO -2: Grading and building plans shall show and outline all details and requirements of bat monitoring plan per the mitigation measure above. The plans shall call out the name and contact information of the qualified biologist that will survey the project site. Grading and building plans will be reviewed by City's Natural Resources Manager for compliance with the mitigation measure to ensure sufficient details are clearly visible for contractors and City inspectors. City staff will periodically inspect the site for continued compliance with the above mitigation measures. Mitigation Measure 1310-3: The project is required to plant two trees for every one tree that is removed (the "replacement trees"). The developer shall plant as many of the replacement trees on the site as feasible. The remaining required replacement trees shall be planted and/or distributed as follows in order of priority: a) trees shall be planted offsite in the neighborhood in existing City tree wells, City parks, and/or City property; and/or b) the developer shall make a financial donation to the Urban Forest Tree Bank for the purchase of 15 gallon trees to be used in local tree planting projects. The final tree planting and replacement plan shall be included as part of the building plans and approved by the City Arborist. ➢ Monitoring Plan, BIO -3: Grading and building plans shall show and outline all details and requirements of the tree replanting and replacement plan per the mitigation measure above. Grading and building plans will be reviewed by City's Arborist for compliance with the mitigation measure to ensure sufficient details are clearly visible for contractors and City inspectors. City staff will periodically inspect the site for continued compliance with the above mitigation measures. Cultural Resources Mitigation Measure CR -1: Preservation of Archeological Resources. A formal monitoring plan shall be prepared and approved by the City prior to building permit approval. The plan will need to include a summary of the project and expected ground disturbances, purpose and approach to monitoring, description of expected materials, description of significant materials or features, protocols for stoppage of work and treatment of human remains, staff requirements, and a data recovery plan to be implemented in case significant deposits are exposed. ➢ Monitoring Plan, CR -1: Grading and building plans shall show and outline all details and requirements of the formal monitoring plan of the rehabilitation of the Historic Sandford House and the new construction per the mitigation measure above. Grading and building plans will be reviewed by City staff for compliance with the mitigation measure, the City's Archaeological Resource Preservation Guidelines, and project conditions to ensure sufficient details are clearly visible for contractors and City inspectors. City staff will periodically inspect R 10787 Resolution 10787 (2017 Series) Page 8 the site for continued compliance with the above mitigation measure, including all requirements of the formal monitoring plan. Mitieatian Measure CR -2: Removal of Non -Original Additions. Extreme care shall be taken during the removal of the non -original additions to avoid damaging the original building walls. Any non -repairable or missing materials revealed upon removal of the addition directly attached to the Sandford House shall be replaced in-kind to match existing stucco. Any historical wood - sash windows found during demolition shall be preserved for reuse on the Sandford House where appropriate. ➢ Monitoring Plan, CR 2: Grading and building plans shall show and outline all details of the removal of the non -original additions of the Historic Sandford House per the mitigation measure above. Grading and building plans will be reviewed by City staff for compliance with the mitigation measure for removals to ensure sufficient details are clearly visible for contractors and City inspectors. City staff will periodically inspect the site for continued compliance with the above mitigation measure. Mitigation Measure CR -3: Relocation of the Sandford House. The elevation of the existing Sandford House on the site shall be maintained as closely as possible to the historic siting of the original house. The reconstructed foundation and platform porch on the house in its new location shall retain the amount of height and exposure that the existing house exhibits. A stair height similar to that which currently exists shall also be maintained. ➢ Monitoring Plan, CR -3: Grading and building plans shall show and outline all details of the relocation of the Historic Sandford House per the mitigation measure above. Grading and building plans will be reviewed by City staff for compliance with the mitigation measure to move the house to ensure sufficient details are clearly visible for contractors and City inspectors. City staff will periodically inspect the site for continued compliance with the above mitigation measure. Mitip-ation Measurc CR4: Sandford House Window Replacement. Modern replacements for the first -floor solarium windows shall minimally consist of window sash that is of the appropriate proportion to fit into the original openings. Multi -light versions which replicate the original multi - light windows located throughout other areas of the residence should be used to the maximum extent feasible in the event that the original window design for the solarium cannot be confirmed. ➢ Monitoring Plan, CR -4: Building plans shall show and outline all details of replacing the first floor solarium windows of the Historic Sandford House per the mitigation measure above. Building plans will be reviewed by City staff for compliance with the mitigation measure to replace the windows to ensure sufficient details are clearly visible for contractors and City inspectors. City staff will periodically inspect the site for continued compliance with the above mitigation measure. Mitigation Measure CR -5: Low Impact Cleaning and Paint Removal. Only the gentlest methods of paint removal, and stucco cleaning or removal shall be used on or around the Sandford House. R 10787 Resolution 10787 (2017 Series) Page 9 High-pressure water blasting; sand or other hardened material blasting; or chemical paint strippers that damage wood grain or erode metals shall not be used unless specifically approved by the City. ➢ Monitoring Plan, CR -5: Building plans shall show and outline all details of the method in which the historic Sandford House will be cleaned and paint removed per the mitigation measure above. Building plans will be reviewed by City staff for compliance with the mitigation measure to clean and remove paint to ensure sufficient details are clearly visible for contractors and City inspectors. City staff will periodically inspect the site for continued compliance with the above mitigation measure. ;NIitivation Measure CR -6: Massing, Location, and Architectural Features of the Proposed New Construction. The applicant shall maintain the architectural relationship between the new construction and historic residence and the design for the new apartment buildings shall respect the dominance of the Sandford House on the property using scale and massing. New construction shall not be over -detailed or designed to draw attention away from the Sandford House. ➢ Monitoring Plan, CR -6: Grading and building plans shall show and outline all architectural details, location and massing of the new construction per the mitigation measure above. Building plans will be reviewed by City staff for compliance with the mitigation measure and the approved architectural plans to ensure sufficient details are clearly visible for contractors and City inspectors. City staff will periodically inspect the site for continued compliance with the above mitigation measure. Hydrolozy and Water Duality Mitigation Measure HWD-1: The Stormwater Control Plan (Ashley and Vance Engineering, Inc. October 12, 2015) prepared for the proposed project includes design features, recommended BMPs for water quality control, and operations and maintenance standards for maintaining stormwater quality via the proposed underground storage chambers for on-site stormwater detention. These measures shall become required components of project development and the project proponent shall be required to implement these design features and recommendation as set forth. ➢ Monitoring Plan_ HWQ-1: All mitigation measures shall be shown on grading and building plans. Community Development Planning and Public Works staff shall review the Stormwater Control Plan as part of the Building Permit application package prior to issuance of grading or construction permits. City staff will periodically inspect the site during construction for continued compliance with the above mitigation measure. Utilities and Service Systems Mitigation Measure USS -1: The project proposes additional wastewater flow in a wet weather capacity constrained portion of the City's wastewater collection system which is identified in the City's Wastewater Collection System Infrastructure Renewal Strategy as sub -basin B.2. Prior to issuance of a certificate of occupancy, the developer is required to identify, demonstrate or 1 M Resolution 10787 (2017 Series) Page 10 implement off-site sewer rehabilitation that results in quantifiable inflow and infiltration reduction in the City's wastewater collection system in sub -basin Al, A2, A3, A4, B.2 or B.3 in an amount equal to offset the project's wastewater flow increase. This may be satisfied by: (A) Sufficient reductions in wastewater flow within sub -basins Al, A2, A3, A4, B.2 or B.3, commensurate with the additional wastewater flow contributed by the project, to be achieved by the verified replacement of compromised private sewer laterals, or public sewer mains, either by the developer, the City, or any property owner located within the basins; (B) Participation in a sewer lateral replacement program or similar inflow and infiltration reduction program to be developed by City, which is in place prior to issuance of certificate of occupancy; or (C) Any other off-site sewer rehabilitation proposed by the developer approved by the Utilities Director, which will achieve a reduction in wastewater flow commensurate with the additional wastewater flow contributed by the project. The final selection of the inflow and infiltration reduction project will be approved by the Utilities Director. ➢ Monitoring Plan, USS -1: A sewer rehabilitation plan shall be developed in cooperation with Utilities Staff per the mitigation measure above. The rehabilitation plan shall be shown on the public improvement plans and reviewed by Utilities staff as part of the Building Permit application package prior to issuance of grading and construction permits. City staff will periodically inspect the site for continued compliance with the above mitigation measure, including all requirements of the sewer rehabilitation plan. SECTION 3. Action. The City Council does hereby deny the appeal of the Architectural Review Commission's action to approve the proposed project, hereby granting final approval of the application APPL-0158-2017 for the rehabilitation, adaptive reuse and repositioning of the Master List Historic Sandford House and the construction of a new 33 -unit, multi -family residential project, subject to the following conditions: Conditions Planning Division — Community Development Department 1. 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 ("Inderanified 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. 2. The Architectural Review Commission's approval of this project will expire after three years if construction has not started. On request, the Community Development Director may grant a single, one-year extension. 3. Final project design and construction drawings submitted for a building permit shall be in substantial compliance with the project plans approved by the ARC. 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 R 10787 Resolution 10787 (2017 Series) Page 11 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. 4. 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 Architectural Review application. 5. The locations of all exterior lighting, including lighting on the structure, 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 17.23 of the Zoning Regulations. 6. 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 provide adequate screening. A line -of -sight diagram may be required to confirm that proposed screening will be adequate. This condition applies to both initial project construction and later building modifications and improvements. 7. 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. 8. The applicant/property owner shall ensure long-term maintenance, protection, and survival of the trees shown on the final landscape plan for a minimum of five years. In the event a tree does not survive within the five-year period the applicant/property owner shall replace the tree to ensure no net loss of trees on the site over the long-term. 9. The location of any required backflow preventer and double-check assembly shall be shown on all site plans submitted for a building permit, including the landscaping plan. Construction plans shall also include a scaled diagram of the equipment proposed. Where possible, as determined by the Utilities Director, equipment shall be located inside the building within 20 feet of the front property line. Where this is not possible, as determined by the Utilities Director, the back flow preventer and double-check assembly shall be located in the street yard and screened using a combination of paint color, landscaping and, if deemed appropriate R 10787 Resolution 10787 (2017 Series) Page 12 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. 10. Plans submitted for a building permit shall include all details, cut sheets, dimensions, and specifications to ensure all materials, windows, and architectural details are of high quality and suitable for an infill project adjacent to an architecturally significant historic structure. 11. The project shall retain the Blue Gum Eucalyptus at the southwest corner of the site, the Norfolk Island Pine and Canary Island Palm in front of the Historic Sandford House and the Mexican Fan Palm at the northeast corner of the site as shown on the landscape plans approved by ARC and shall be considered for Heritage Tree designation. 12. The project shall plant at a minimum three 36 -inch box trees and two 15 -gallon trees on the project site and/or adjacent property on which the property owner of 71 Palomar has an access and landscaping easement to the satisfaction of the Community Development Director and the City Arborist. Engineering Division — Public Works/Community Development Department 13. Projects involving the construction of new structures, the addition of dwelling units, or the substantial remodel of existing structures requires that complete frontage improvements be installed or that existing improvements be upgraded per city standard. MC 12.16.05 14. The building plan submittal shall show and label all existing and proposed public and private easements for reference. The building plan submittal shall include the dimensions and bearings for all property lines for reference. The developer shall provide authorization for all proposed improvements within the corner parcel known as 75 Palomar (052-162-015). 15. The required public and private improvements may be completed with a separate public improvement plan submittal processed through the Public Works Department. As an alternate, the building plan submittal may be used to show all required improvements. Improvements located within the public right-of-way will require a separate encroachment permit and associated inspection fees. A separate plan review fee payable to the Public Works Department shall be required for the Public Works Department review of improvements associated with the building plan submittal. Said review fee shall be in accordance with the improvement plan review fee resolution in effect at the time of the building permit application submittal. 16. The building plan submittal or improvement plan submittal shall show and note any sections of damaged or displaced curb, gutter & sidewalk or driveway approach to be repaired or replaced to the satisfaction of the Public Works Department. 17. The existing driveway approaches shall be abandoned and replaced with curb, gutter, and sidewalk per City Engineering Standards. R 10787 Resolution 10787 (2017 Series) Page 13 18. The building plan submittal or improvement plan submittal shall show all new driveway approaches to comply with current standards. The current city and ADA standard requires a 4' accessible sidewalk extension behind the ramp. 19. Luneta Drive shall be developed as a through public street per City Engineering Standards unless otherwise waived or deferred by the City Council. If Luneta Drive is developed as a public street, then the developer shall dedicate the required public right-of-way including PUE and Street Tree easements to the satisfaction of the City. If the City Council later amends the Circulation Element of the General Plan to not require Luneta Drive as a through street, then the developer shall offer to dedicate to the City that same portion of the property for PUE, street tree easements, pedestrian and bicycle right of way, or park or other similar purposes to the satisfaction of the City. 20. The building plan submittal or improvement plan submittal shall include a complete street improvement and curb grade plan for the build out of Luneta Drive, Luneta Drive sidewalk extension, the bulb -out on Palomar Avenue, and/or street termination or cul-de-sac if applicable. All grades, layout, staking and cut sheets necessary for the construction of street paving and frontage improvements shall be the responsibility of the developer. 21. The developer shall underground the existing overhead wire utilities along the Luneta Drive widening and extension from the existing westerly terminal end pole to the joint pole on the easterly side of Palomar Avenue per City and PG&E standards. The preliminary and final PG&E handout packages shall be submitted to the City for review and approval. 22. The developer shall install one additional streetlight along the Luneta Drive frontage to the satisfaction of the City. All associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and lumenaires shall be installed per City Engineering Standards. Off-site street lighting improvements, alterations, or upgrades may be required along roadways leading to and from the proposed development to complete the necessary improvements. 23. Record drawings shall be provided for Luneta Drive public street improvements prior to final inspection approvals. 24. The building plan submittal shall include all required parking lot improvements, dimensions, space dimensions, maneuverability, materials, space and aisle slopes, drainage, pavement marking, signage, and striping in accordance with the Parking and Driveway Standards and disabled access requirements of the CBC. 25. All parking spaces shall be able to be entered in one movement. All spaces, drive aisles, etc. shall be designed so that all vehicles can exit to the adjoining street in a forward motion in not more than two maneuvers. For purposes of maneuverability, all required and proposed covered and uncovered spaces shall be assumed to be occupied by a standard size vehicle. R 10787 Resolution 10787 (2017 Series) Page 14 26. The building plan submittal shall show all parking spaces that are adjacent to a post, column, or wall shall be one additional foot in width per City Engineering Standard 2220. 27. The building plan submittal shall include complete details showing the existing parking easement area serving 555 Ramona to be preserved. The plan shall show and dimension the planter area, vehicle overhang, and parking bay width per City Engineering Standards. 28. The existing neighboring parking easement area (555 Ramona) shall include tree plantings within diamond planters or finger planters to support compensatory tree plantings, if allowed, to the satisfaction of the Planning Division and City Arborist. 29. 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. The respective refuse storage area and on-site conveyance shall consider convenience, aesthetics, safety, and functionality. 30. The building plan submittal or improvement plan submittal shall include a complete site utility plan. All existing and proposed utilities along with utility company meters shall be shown. Existing underground and overhead services shall be shown along with any proposed alterations or upgrades. All wire services to the new structures shall be underground. All work in the public right-of-way shall be shown or noted. 31. The final domestic and irrigation service configuration including the Luneta median irrigation meter shall be reviewed and approved to the satisfaction of the City. The engineer of record shall schedule a meeting with the City prior to developing final plans. 32. The building plan submittal or improvement plan submittal shall include a complete grading, drainage and topo plan. The grading and drainage plan shall show existing structures and grades located within 15' of the property lines. The plan shall consider historic run-on or run- off tributary to this property that may need to be conveyed along with the improved on-site drainage. This development will alter and/or increase the storm water runoff from this site. The improved or altered drainage shall be directed to the street and not across adjoining property lines unless the drainage is conveyed within recorded easements or existing waterways. 33. The building plan submittal shall show and detail the neighboring storm drain easement and improvements for reference. 34. The building plan submittal shall include a drainage report in accordance with the Waterway Management Plan. The drainage report shall include a summary of the bulleted items found in Section 2.3.1 of the manual. 35. The building plan submittal shall show compliance with the Post Construction Stormwater Requirements as promulgated by the Regional Water Quality Control Board for redeveloped sites. R 10787 Resolution 10787 (2017 Series) Page 15 36. An operations and maintenance manual will be required for the post construction stormwater improvements. The manual shall be provided at the time of building permit application and shall be accepted by the City prior to building permit issuance. A private stormwater conveyance agreement will be required and shall be recorded prior to final inspection approvals. 37. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading or excavations result in land disturbance of one or more acres. Storm water discharges of less than one acre, but which is part of a larger common plan of development or sale, also requires a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Regional Water Quality Control Board. An application is required to the State Board under their recently adopted Stormwater Multi -Application, Reporting, and Tracking System (SMARTS). 38. The building plan submittal shall include a copy of the Storm Water Pollution Prevention Plan (SWPPP) for reference. Incorporate any erosion control measures into the building plans as required by the Board, identified in the SWPPP, and in accordance with Section 10 of the city's Waterways Management Plan. The building plan submittal shall include reference to the WDID number on the grading and erosion control plans for reference. 39. The building plan submittal or improvement plan submittal shall show all existing trees on the property with a trunk diameter of 3" or greater. Offsite trees along the adjoining property lines with canopies and/or root systems that extend onto the property shall be shown for reference. The plan shall note which trees are to remain and which trees are proposed for removal. Include the diameter and species of all trees. Tree canopies should generally be shown to scale for reference. The City Arborist supports the proposed tree removals with the compensatory tree plantings shown on the landscape plan and identified in the mitigation measures of the initial study. 40. Street trees are required at a rate of one 15 -gallon street tree for each 35 linear feet of frontage. The plans shall show all existing and proposed street trees. Tree species and planting requirements shall be in accordance with City Engineering Standards. 41. Tree protection measures shall be implemented to the satisfaction of the City Arborist. The City Arborist shall review and approve the proposed tree protection measures prior to commencing with any demolition, grading, or construction. The City Arborist shall approve any safety pruning, the cutting of substantial roots, or grading within the dripline of trees. A city -approved arborist shall complete safety pruning. Any required tree protection measures shall be shown or noted on the building plans. R 10787 Resolution 10787 (2017 Series) Transportation Division - Public Works Department Page 16 42. The developer shall install all necessary street frontages along Luneta per City standards. Said improvements along Luneta may be deferred by the Director of Public Works rel to allow the City Council to consider an amendment to the City's Circulation Element eliminating the Luneta Street connection. If such an amendment is approved, the Director of Public Works may waive or modify this pursuant to Council direction. At a minimum the Developer will be required to complete bicycle and pedestrian improvements, landscaping and other miscellaneous improvements to Luneta that completes the terminus of the public rights of way as determined by the Public Works Director. 43. Prior to building permit the applicant shall enter into a covenant agreement to design and install their Luneta St. frontage improvements per the final configuration to be adopted by the City Council. Utilities Department 44. A separate meter shall be provided for the Sandford House as it is proposed to be used as amenity space (non-residential uses). 45. The property's existing sewer lateral to the point of connection at the City main must pass a video inspection, including repair or replacement, as part of the project. The CCTV inspection shall be submitted during the Building Permit Review Process for review and approval by the Utilities Department prior to issuance of a Building Permit. 46. Potable city water shall not be used for major construction activities, such as grading and dust control as required by under Prohibited Water Uses; Chapter 17.07.070.0 of the City's Municipal Code. Recycled water is available through the City's Construction Water Permit program. 47. Any private sewer services that cross one proposed parcel for the benefit of another shall provide evidence that a private utility easement appropriate for those facilities has been recorded prior to final Building Permit. 48. Landscaping in the proposed median shall be irrigated from the project's landscape meter. 49. The project's Landscape Plan shall be consistent with provisions of the City's declared drought emergency (estimated total water use (ETWU) cannot exceed 50 percent of maximum applied water allowance or (MAWA)). 50. The project is required to implement off-site sewer rehabilitation (private lateral repair/ replacement) consistent with the mitigation measures identified in the initial study. R 10787 Resolution 10787 (2017 Series) Fire Department Page 17 51. Provide riser rooms with exterior door access for fire sprinkler risers in each building show on floor plans. Code Requirements Building Division — Community Development Department 52. Any project submitted for building permit application after January 1", 2017 will be subject to the 2016 California Code series. Modify applicable code series notes on plans. Upon motion of Council Member Christianson, seconded by Council Member Gomez, and on the following roll call vote: AYES: Council Members Christianson, and Gomez, Vice Mayor Rivoire NOES: Mayor Harmon ABSENT: None RECUSED: Council Member Pease The foregoing resolution was passed and adopted this 4th day of April 2017. ATTEST: Carrie Gallagher City Clerk APPROVED AS TO FORM /I - L vyor LLr&idi Harm R 10787 Resolution 10787 (2017 Series) Page 18 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this day or _ 2017. Carrie Gallagher City Clerk R 10787