HomeMy WebLinkAboutItem 2 - 650 Tank FarmPLANNING COMMISSION AGENDA REPORT
SUBJECT: Review of a General Plan Amendment, amendment to the Airport Area Specific
Plan (AASP), rezone, a mobile home park conversion, and a conditional use permit
to allow for a mixed-use project and a 23% mixed-use parking reduction located at
650 Tank Farm Road that includes 249 residential units and 17,500 square feet of
commercial space, with a Mitigated Negative Declaration of Environmental
Review.
PROJECT ADDRESS: 650 Tank Farm Rd. BY: Rob Mullane, Contract Planner
rmullane@rinconconsultants.com
(Rachel Cohen: rcohen@slocity.org)
FILE NUMBERS: GENP-1065-2017, FROM: Xzandrea Fowler, Deputy Director
SPEC-0398-2017, USE-1067-2017, EID-1066-2017
RECOMMENDATION: Adopt the Draft Resolution (Attachment 1) that recommends approval
of project-related entitlements to the City Council (including CEQA Findings and mitigation
measures). The project entitlements include an amendment to the Airport Area Specific Plan,
General Plan Amendment, Rezone, Mobile Home Park Conversion, and Use Permit.
SITE DATA
Applicant Agera Grove Investments, LLC.
Representative Pam Ricci, RRM Design Group
Zoning R-2-SP, BP-SP, and C/OS-SP
General Plan Low Density Residential, Business
Park, and Open Space
Site Area 12.75 acres
Environmental
Status
Draft Initial Study / Mitigated
Negative Declaration (November
2018)
SUMMARY
Agera Grove Investments, LLC has proposed a rezone to allow for a mixed-use project including
17,500 square feet of commercial space and 249 residential units. The site is in the Airport Area
Specific Plan (AASP) area, north of the intersection of Tank Farm Road and Santa Fe Road. The
site historically has been used for a mobile home park and recreational vehicle storage.
Meeting Date: December 12, 2018
Item Number: 2
XF
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The project would rezone the Business Park portion of the site (3.25 acres), and the Medium -
Density Residential portion of the site (6.85 acres). The rezoning would result in a net site area
of 10.1 acres designated Service Commercial with the Specific Plan overlay (C-S-SP). The 2.65-
acre remainder of the 12.75-acre site would remain zoned as Conservation Open Space (C/OS-
SP). The proposed project includes an amendment to the General Plan, a rezone of the property
within the AASP and associated map and text amendments to the AASP, a use permit for a
mixed-use project within the C-S-SP zoning district, and a 23% mixed-use parking reduction
request. The entirety of these associated entitlements is referred to as the “project” in this staff
report. The proposed project also requires a public hearing on and approval of a Conversion
Impact Report for the conversion of the mobile home park use on the site.
Future entitlement approvals would include a Design Review approval. If the proposed project is
approved, the AASP land use designation and zoning maps would be updated to reflect the new
land use designation and zoning. The AASP would also be updated to include an update to the
AASP area build-out statistics in Table 4.1 of the AASP and a text amendment to strike the
discussion of the mobile home park development from the Medium Density Residential (R-2-SP)
designation from Section 4.2.6 of the AASP (See Attachment 1, Exhibit A).
1.0 COMMISSION’S PURVIEW
The Planning Commission’s role is to make a recommendation to the City Council regarding the
adoption of the IS/MND, and approvals of the General Plan Amendment, AASP amendment,
rezone, and use permit. The Planning Commission should also review the Conversion Impact
Report prepared for the mobile home park conversion and determine the adequacy of the
applicant’s compliance with Chapter 5.45: Mobile Home Park Conversion of the City’s
Municipal Code. A resolution for these recommendations and action is included as Attachment
1.
If the City Council approves the project, the Architectural Review Commission (ARC) and then
the Planning Commission will conduct final design review of the project, once an application for
final design review is submitted.
2.0 BACKGROUND
2.1 Airport Land Use Commission Review
Because the project site is within the airport review area, it required Airport Land Use
Commission (ALUC) review of the proposed amendments to the City’s General Plan and AASP
and a determination regarding consistency with applicable San Luis Obispo County Regional
Airport Land Use Plan (ALUP) policies. The ALUC reviewed the project on three occasions: a
conceptual review on April 20, 2016, and formal review on October 17, 2018 and November 16,
2018. At the November 16, 2018 hearing, the ALUC determined the proposed amendments to be
consistent with the Airport Land Use Plan (ALUP) under the authority of ALUP Section 2.7.
This section of the ALUP allows for flexibility in the application of ALUP policies under unique
circumstances for small-scale individual projects.
The ALUC included conditions of approval for the project to address noise and safety issues and
potential obstructions to air navigation, as well as a condition requiring streets to have airport -
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related names. These conditions have been incorporated into the project conditions of approval,
which are set forth in Exhibit A of the Planning Commission resolution (Attachment 1).
3.0 PROJECT INFORMATION
3.1 Site Information/Setting
The site is composed of approximately 12.75 acres on the north side of the intersection of Tank
Farm Road and Santa Fe Road. It is comprised of one parcel: APN: 053-421-005. The portion of
the site proposed for the project is essentially flat. It is bordered on two sides by creeks: Orcutt
Creek to the east and Acacia Creek to the west. The property is within the City’s Urban Reserve
and the AASP. Table 1 notes the land use information for the site.
Table 1: Site Information
Zoning BP-SP (Business Park): 3.25-acre portion,
R-2-SP (Medium-Density Residential): 6.85-acre portion, and
C/OS-SP (Conservation Open Space): 2.65-acre portion
Site Size 12.75 acres
Present Use & Development Vacant, formerly the site of the Hidden Hills Mobilodge Mobile
Home Park and Lazy Acres RV Storage
Topography Relatively flat, except within creek corridors
Access Tank Farm Road
Surrounding Use/Zoning North: PF (Damon Garcia-Sports Fields)
East: BP and C-C (Orcutt Creek, parking for the Damon Garcia-
Sports Fields and the SESLOC Federal Credit Union)
South: C-S (Tank Farm Road, United Rentals beyond)
West: BP (Acacia Creek, gravel parking area (future site of Digital
West project, which was approved in 2014))
3.2 Project Description
General Plan Amendment, Specific Plan Amendment, Rezone and Related Entitlements
The proposed project is a rezone for the BP-SP and R-2-SP portions of the site to C-S-SP to
facilitate the future development of a mixed-use development including 17,500 square feet of
commercial space and 249 residential units. Other entitlements associated with the rezoning
request include a General Plan Amendment, amendments to the AASP, and a use permit. The
General Plan Amendment is requested to make changes to the project site’s land use designation
in the City’s Land Use Element. The 3.25-acre Business Park (BP) portion of the site and the
6.85-acre Medium-Density Residential (MDR) portion of the site would be re-designated to
Services & Manufacturing (S-M) as depicted in Figure 1 below.
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The requested AASP amendments would 1) change the zoning of the 3.25-acre Business Park
(BP-SP) portion of the site and the 6.85-acre Medium Density Residential (R-2-SP) portion of
the site to Service Commercial (C-S-SP) (see Figure 2); 2) delete the discussion of the mobile
home park development in the Medium Density Residential (R-2-SP) land use discussion
(Section 4.2.6 of the AASP); and 3) make minor text amendments to Table 4.1 in the AASP to
update statistical data related to land use acreage and long-term buildout potential. The
remaining 2.65-acre portion of the project site would retain its Open Space (OS) land use
designation and zoning. The use permit request is to allow for a mixed-use development on a
Service Commercial site as discussed below.
Figure 1: General Plan Amendment Map
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Conditions of approval for the project are included in the draft Resolution (Attachment 1). These
conditions primarily pertain to conditions recommended by the ALUC as part of that
commission’s ALUP consistency determination. Requirements for inclusionary housing
(discussed below) and accommodations for the former mobile home park residents are also
included in the draft Resolution.
Use Permit
The mixed-use development contemplated for the site requires a use permit pursuant to the land
use allowances set forth in Table 4.3 of the AASP. Mixed-use developments are allowed in the
C-S-SP zoning district with a use permit. Included in the use permit is a request for a 23%
reduction in parking (Section 17.72.050 of the City Municipal Code (2015 version)). Additional
details on the parking reduction request is provided below in Table 2. Conditions of Approval
related to the use permit requirement are also included in the Draft Resolution (Attachment 1).
Figure 2: Rezoning Map
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Figure 3:Conceptual Site Plan
Subsequent design review under the proposed project will require review by the Architectural
Review Commission (ARC) and the Planning Commission, and additional conditions of
approval would be applied as part of this subsequent design review. This requirement is
stipulated in the Conditions of Approval associated with the use permit.
Conceptual Project
The project would have approximately 17,500 square feet of commercial space and 249
residential units. The conceptual site plan for the project site is depicted in Figure 3 below. The
conceptual site plan has 15 three-story residential buildings comprised of studios, one- and two-
bedroom units on the northern portion of the project site, and four three-story mixed-use
buildings on the southern portion of the site. The mixed-use buildings would include 17,500
square feet of commercial use and 13,530 square feet of residential use. Table 2 provides a
summary of the project buildings, parking spaces, and square footages reflected in the conceptual
site plan.
The anticipated unit mix for the dwellings has 50 studios, 50 one-bedroom units, and 149 two-
bedroom units. All of these dwelling units would be rental units, rather than individually owned,
and the project would provide a mix of market rate and affordable units. Pursuant to Section
5.45.150 of the City Municipal Code, the 13 current tenants (renters) of the Hidden Hills
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Mobilodge Mobile Home Park (MHP) would be given priority for renting units in the new
development. The Conceptual Development Plan also includes an indoor/outdoor clubhouse near
the center of the site, and a pool and outdoor recreational space adjacent to the clubhouse. A total
of 407 parking spaces would be provided.
Table 2: Summary of Conceptual Project
Buildings
Residential 15 buildings
Mixed-Use 4 buildings
Commercial 17,500 square feet
Residential 13,530 square feet
Unit Mix 249 Total (including mixed use units)
Studios 50
One Bedroom 50
Two Bedroom 149
Parking
Required
Commercial
Studios
One Bedroom
Two Bedroom
Guest Spaces
Subtotal
Provided
17,500 sq ft x 1 space/300 sq ft = 58.3 spaces
50 studios x 1 space/du = 50 spaces
50 One-BR units x 1.5 space/du = 75 spaces
149 Two-BR units x 2 space/du = 298 spaces
1/5 units = 49.8 spaces
531.1 spaces
407 spaces
Reduction Request 23% or 124 spaces
Once the 13 remaining tenants have moved out, all 35 coaches on the project site would be
hauled off-site for removal. No on-site demolition is proposed. The applicant intends to donate
the existing on-site coaches to the Cal Poly Agricultural Department or other local recipients.
Potential Off-Site Access and Circulation Improvements
The mixed-use project would restrict the current vehicular access off of Tank Farm Road to
right-turn in and right-turn out only, and Tank Farm Road would need to be widened along the
frontage of the site. Development of the site would also require the development of a new
primary access to the site. One potential primary access to the project site would be via a
common driveway shared with the project to the east at 670 Tank Farm Road (APN 053-421-
004). This new eastern primary access would provide a connection to the existing Tank Farm
Road/MindBody signalized intersection. Access to the project site through the property to the
east would involve construction of a new creek crossing over Orcutt Creek along the
southeastern portion of the project site. This option for new primary access is the one that is
preferred by City staff.
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The alternative primary access to the project would be through the Digital West property to the
west. Access to the project site through the Digital West property would involve modifications,
including widening, to the existing crossing of Acacia Creek along the western portion of the
project site.
Development of the site may also include a pedestrian/bicycle access path from the northern site
boundary to the existing pedestrian/bicycle paths at the Damon Garcia-Sports Fields.
4.0 GENERAL PLAN GUIDANCE AND POLICY CONSISTENCY BACKGROUND
The process for review of a General Plan Amendment is set forth in Chapter 17.130 of the City’s
Municipal Code. When a private applicant requests an amendment of the General Plan, the
application should include: 1) a statement explaining how the proposed change will better reflect
community desires as expressed in General Plan goals and policies, 2) a discussion of why the
change is warranted by new information or reevaluation of community needs, and 3) an analysis
of how the proposed change will beneficially and detrimentally affect adjacent areas or shared
resources.
The discussion below provides background information on the policy and regulatory
environment that shape the review of the proposed project. Staff’s analysis of the request
indicates that it is in line with the City’s General Plan goals and policies and the Zoning Code. In
this case, the project would provide additional housing in close proximity to employment
opportunities and help address housing affordability through the project’s compliance with
inclusionary housing requirements. City policies further support in-fill projects and additional
mixed-use developments, especially those located close to major transit, bike, and pedestrian
corridors. These issues are more fully discussed in the sections below.
5.0 PROJECT ANALYSIS
Staff carefully evaluated the proposed project in the context of the General Plan goals and
policies, the City’s Zoning Code, and the City’s Mobile Home Park Conversion Ordinance (City
Municipal Code Chapter 5.45). Based on the project’s contribution to and alignment with these
goals, policies, and requirements, staff is recommending that the Planning Commission adopt a
resolution in support of the proposed project and the project’s compliance with the Mobile Home
Park Conversion Ordinance.
5.1 General Plan Analysis
The project site is located inside the Urban Reserve where urban development may occur. The
project site currently includes three separate land use designations: Medium Density Residential
(MDR), Business Park (BP), and Open Space (OS). The project would re-designate the Business
Park and Medium Density Residential portions of the site to Services & Manufacturing (S-M).
The site’s current Medium Density Residential designation provides for single-family dwellings
with a maximum density of 12 du/acre, including one- or two-story detached buildings on small
lots or attached dwellings with private outdoor space. The Business Park designation provides
for research and development and light manufacturing in a campus setting. The proposed
Services & Manufacturing designation provides for a wide range of uses including business and
professional services, medical services, research and development, and retail sales. It also
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provides for residential uses as part of a mixed-use project with a residential density of up to 24
du/acre. The development conceptually identified for the project site would be consistent with
allowances for mixed-use projects in the Services & Manufacturing land use designation.
Compliance with Major City Goals, General Plan Goals and Policies
The proposed project is consistent with multiple City Goals and General Plan policies for Land
Use, Housing, Conservation and Open Space, Multi-model Circulation, and Water and
Wastewater. Staff has highlighted several policies below and provided additional references in
Attachment 4.
Major City Goal: Housing
Increasing the supply and diversity of housing was determined to be one of the most important,
highest-priority goals for the City to accomplish over the 2017-18 financial year. This major City
goal states: Implement the Housing Element, facilitating workforce, affordable, supportive and
transitional housing options, including support for needed infrastructure within the City’s fair
share.
Housing Element
The Housing Element (HE) includes several policies that encourage infill residential
development, housing for all financial strata, and the promotion of higher-residential density
where appropriate. The Housing Element further states that the City should continue to
incentivize affordable housing development with density bonuses, parking reductions and other
development incentives, including City financial assistance (Program 6.19).
Land Use Element
Land Use Element (LUE) Policy 1.5 Jobs/Housing Relationship states that the gap between
housing demand (due to more jobs and college enrollment) and supply should not increase.
LUE Policy 2.2.6. states that the City shall promote livability, quiet enjoyment, and safety for all
residents. Characteristics of quality neighborhoods vary from neighborhood to neighborhood,
but often include one or more of the following characteristics:
• A mix of housing type styles, density, and affordability.
• Design and circulation features that create and maintain a pedestrian scale.
• Nearby services and facilities including schools, parks, retail (e.g., grocery store, drug
store), restaurants and cafes, and community centers or other public facilities.
• A tree canopy and well-maintained landscaping.
• A sense of personal safety (e.g., low crime rate, short police and emergency response
times).
• Convenient access to public transportation.
• Well-maintained housing and public facilities.
Additionally, the LUE states the City shall promote infill development, redevelopment,
rehabilitation, and adaptive reuse efforts that contribute positively to existing neighborhoods and
surrounding areas (LUE Policy 2.2.7).
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Circulation Element and Circulation-Related Policies
The Circulation Element describes how transportation will be provided in the community. The
project includes features that support multi-modal transportation, including the following
policies. Circulation Element Policy 3.1.7 (Transit Service Access) states that new development
should be designed to facilitate access to transit service. Circulation Element Policy 4.1.1
(Bicycle Use) states that the City shall expand the bicycle network and provide end‐of‐trip
facilities to encourage bicycle use and to make bicycling safe, convenie nt and enjoyable.
Circulation Element Policy 5.1.2 (Sidewalks and Paths) states that the City should complete a
continuous pedestrian network connecting residential areas with major activity centers as well as
trails leading into city and county open spaces.
In addition, the project has components that support circulation-oriented policies in the Land Use
Element. LUE Policy 10.1 (Neighborhood Access) states that all residences should be within
close proximity to food outlets including grocery stores, farmers’ markets, and community
gardens. LUE Policy 10.4 (Encourage Walkability) states that the City shall encourage projects
which provide for and enhance active and environmentally sustainable modes of transportation,
such as pedestrian movement, bicycle access, and transit services.
Project Features that Support General Plan Policies and Programs
In accordance with the Major City Housing Goal cited above and Housing Element policies and
programs, the project will provide a mix of housing units that include deed-restricted affordable
units, and market rate units that are affordable by design (studios and one-bedrooms). The
proposed project is consistent with LUE Policy 2.2.6, as the project is located in walking
distance to MindBody Headquarters, SESLOC, and other nearby employers, as well as to retail
uses and other services of the Marigold Shopping Center. The project’s redevelopment and in-fill
development components support LUE Policy 2.2.7. In accordance with LUE Policy 1.5, this
project helps reduce the gap between housing demand and supply by adding residential units,
some of which are affordable units.
The mixed-use development pattern with commercial uses along the street corridor and
residential uses on the interior of the site is consistent with other C-S zoned development
projects in the immediate vicinity. The rental housing on the site is appropriate for infill
development that is close to both jobs and services. The site has been historically use d for
residential development. The expansion of the residential use is appropriate given evolving
development patterns in the area and the need to increase the supply of rental housing.
Project components that support Circulation-related policies include improvements to transit,
bicyclist facilities, and pedestrian facilities. The San Luis Obispo Regional Transit Authority
(RTA) and the City of San Luis Obispo Transit Division (SLO Transit) provide transit service to
the study area. SLO Transit Routes 1 and 3 provide fixed -route service to the study area. RTA
offers Dial-A-Ride curb to curb services within the City limits. Bicycle facilities in the study area
consist of Class II bike lanes, which provide a striped lane for one-way bicycle travel on the side
of street. Broad Street and Tank Farm Road both have Class II bike lanes on both sides of the
road throughout the study segments. Future development of the project site may include a
pedestrian/bicycle access path from the northern site boundary to the existing pedestrian/bicycle
paths at the Damon Garcia-Sports fields. This potential connection would be consistent with the
intent of the Bicycle Transportation Plan and the AASP, which show a planned Class I bicycle
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path from Tank Farm up to Damon-Garcia via the Digital West property west of the project.
Similarly, the project would provide improvements to pedestrian circulation facilities. The
proposed project would provide for improved pedestrian facilities and connectivity by
connecting and improving existing sidewalks, crosswalks, and pedestrian signals at signalized
intersections.
5.2 Consistency with the AASP
The AASP was initially adopted on August 23, 2005, and provides a planning framework for
future growth and development within the approximately 1,500-acre area along the City’s
southern boundary. The AASP sets forth guidance for land use, conservation and resource
management, community design, circulation and transportation improvements, and utilities and
services needs in the planning area. The AASP has been amended multiple times, with the last
amendment adopted in September 2017, with the approval of the Avila Ranch project.
The project site is the only site within the original AASP Area specifically designated for
residential use. The R-2 zoning was applied to site to grandfather the existing mobile home park
and allow for its continued use at the site. The BP zoning on the northern portion of the site
appears to have been selected to be consistent with zoning applied on adjacent sites to the east
and west. At the time of AASP adoption, there does not appear to have been a detailed
discussion of other development options for the site.
The R-2 portion of the site has been developed for several decades with a mobile home park
known as the Hidden Hills MHP. The Hidden Hills MHP contains 35 coaches, that were either
under individual ownership or owned by the MHP owner and operator. The Business Park (BP)
portion of the site to the north has been used as a RV storage yard known as Lazy Acres RV
Storage. The original development occurred when the property was located under County
jurisdiction several decades ago. The property that contains the mobile home park and RV
storage is reminiscent of a more rural, rather than urban, development pattern; yet it is largely
surrounded by more modern, urban development.
From a physical development standpoint, the site is suitable for a mixed-use project with
commercial uses closest to Tank Farm Road and housing beyond because:
1) Trip Generation – A mixed-use project that is principally residential, especially one
within walking distance of jobs and services, would result in lower trip generation rates
than most other types of strictly commercial development.
2) Site Context – The project site is located at a bend in the Tank Farm Road arterial
roadway that could accommodate commercial uses along the street corridor. This is
consistent with the pattern of development on the opposite side of the street. Commercial
development nearer the roadway provides for a natural separation and transition between
the street and the interior of the site. The commercial buildings have the added benefit of
providing noise attenuation from street noise to reduce the noise level exposure for the
residential uses located towards the interior of the site.
3) Riparian Corridor Preservation & Enhancement – There are two creeks that flank the
west and east sides of the property. Orcutt Creek, an ephemeral blue-line stream, flows in
a southwesterly direction to meet Acacia Creek south of the project site. Acacia Creek is
another ephemeral stream that borders the western boundary of the project site and serves
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as a tributary to the East Fork of San Luis Obispo Creek. These creek corridors are in a
degraded condition. The project would improve the health and habitat value of the creek
corridors by incorporating native riparian planting and the removal of invasive
ornamentals and volunteer species. The enhancement of the creek corridors would
provide both a visual amenity as well as suitable location for pedestrian trails that would
benefit a larger population as a mixed-use project.
The proposed Specific Plan Amendment to Section 4.2.5 would allow for the site to be
developed with a mixed-use project. This would accommodate the continuation and expansion of
the residential use of the site. This residential expansion is an example of urban infill
development that would improve and enhance the supply of housing near jobs and services, and
is consistent with many General Plan goals, programs, and policies (as discussed above). There
is an established development pattern of mixed-use projects with C-S zoning in the immediate
vicinity of the project site. The project would need to conform to all the relevant design
considerations and performance standards.
5.3 Consistency with the ALUP
Because the project site is within the airport review area and proposes a General Plan
Amendment and amendments to the AASP, it requires ALUC review of these proposed
amendments and a determination regarding consistency with the San Luis Obispo County
Regional Airport Land Use Plan (ALUP). The ALUP seeks a balance between noise impacts,
safety, aviation activity, and long-term land use. Density and allowed uses within the Airport
Safety Zone must be consistent with the ALUP, and new residential structures must meet
particular noise compatibility requirements.
Safety and Allowable Density
The Project is outside of the Runway Protection Zone and within Safety Area S-1c. Pursuant to
the ALUP, this safety area allows a non-residential (commercial) population density at 80
persons per acre, while the AASP allows a higher maximum non-residential density of 120
persons/acre. Since the commercial area of the site as contemplated in the conceptual site plan
totals 2.65 acres, the resultant maximum non-residential density under the AASP would be 318
persons. Factoring for a non-residential density of one person per 300 square feet and the total
proposed commercial area of 17,440 square feet, the anticipated non-residential density would be
21.9 persons/acre (58 persons over a 2.65-acre area).
However, Safety Area S-1c is very restrictive with residential density allowing only 0.2 dwelling
units per acre, which equates to about 2 units on the 10.1-acre portion of the site proposed for C-
S-SP zoning. The AASP provides for a higher allowable density of the site in consideration of
the prior mobile home park use and potential for expansion of residential uses in the northern
portion of the site that has historically been used for recreational vehicle storage. Section 4.2.6 of
the AASP allows residential density on the project site equivalent to the density of the original
mobile home park (35 mobile homes).
The proposed project envisions a mixed-use development with a higher residential density (19.5
persons/acre over the entire 12.75-acre site) than that typically allowed in the ALUP and that in
the AASP but a lower non-residential density (21.9 persons/acre in comparison with a maximum
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allowed density of 120 persons/acre1). In addition, the residential density of the site would tend
to be lower during the day, when airport activity is highest, and higher during the evening and
night when airport activity is curtailed. As such, during daytime peak airport activity, the
dominant use on the project site would be expected to be non-residential and at a density far
below the maximum allowable density.
Another major factor in the ALUC’s consistency review was that safety concerns regarding
airport operations are reduced since the site is not within the trajectory of principal flight paths,
as shown on the Aircraft Flight Paths map (Attachment 5, ALUP Figure 10 is included as the last
page). Hence, very few aircraft fly over the project site. Other components considered by the
ALUC in reviewing potential safety issues were the project site’s location approximately 2,000
feet off the main airport’s runway (Runway 11-29) centerline and the existence of open space
areas west, north, and east of the site to accommodate flight incidents.
While the ALUC found the proposed rezone and associated entitlements consistent with the
ALUP, the ALUC did recommend the inclusion of safety-related conditions of approval
including a 249-unit limit on residential development of the site, the establishment of building
and structure height limits, and prohibitions on structures or uses that would constitute an
obstruction or air navigation hazard.
Noise
The project site’s exposure to airport-related noise was evaluated based on the adopted noise
exposure map in the ALUP, which was conducted in 2001, and on updated noise mapping
conducted by RS&H in 2015. Noise exposure was determined to be acceptable based on the
updated airport-related noise modeling conducted by RS&H in 2015, as the portions of the site
that could support residential uses are entirely outside of the projected 55 dB CNEL contour.
While average (CNEL) noise levels were determined to be acceptable, the ALUC noted potential
noise disturbance from single events during aircraft take off, as well as from helicopter air
traffic. To address these potential issues, the ALUC recommended several noise-related
conditions of approval, including recordation of avigation easements above the site and airport
noise disclosure requirements for owners and future residential tenants on the site.
ALUC Consistency Determination
These safety, density, and noise exposure issues were reviewed by the ALUC on October 17,
2018 and November 16, 2018. By a 5-2 vote at the November 16, 2018 meeting, the ALUC
found the proposed project consistent with the ALUP under the authority of Section 2.7 of the
ALUP. In particular, the ALUC noted that the project’s mix of uses would have lower population
densities on the site during peak aircraft operations and that the overflight pattern for the San
Luis Obispo County Regional Airport avoided the project site. Noise exposure was determined to
be acceptable based on the most up-to-date airport-related noise modeling.
The ALUC nevertheless included several conditions of approval to the project’s consistency
finding. These conditions are identified in Attachment 5 and have been incorporated into the
resolution’s conditions of approval (Attachment 1, Draft Resolution).
1 Note that these density calculations are based on the approach used in the ALUP, rather than that used by the City
in analyzing project density.
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650 Tank Farm Rd.
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The ALUC also encouraged the applicant to include in the avigation easement documents a
restriction on conversion of the apartments to individual ownership units. Finally, the ALUC
suggested that the developer of the project use street-names with airport-oriented terms as a way
to tie the development to the nearby airport and temper expectations on aircraft-related noise.
The applicant has the discretion to incorporate these suggestions into their final project
description.
Mobile Home Park Conversion Requirements
Since the proposed project would facilitate a re-development of the site, including the site of the
Hidden Hills MHP, the applicant must meet the requirements of the City’s Mobile Home Park
Conversion Ordinance (Conversion Ordinance), Chapter 5.45 of the City’s Municipal Code
(Attachment 2). The purpose of Chapter 5.45 is to protect residents from being displaced from
their relatively affordable housing situation without assistance for alternative living
arrangements. Chapter 5.45 sets forth requirements for notification to and housing assistance for
the resident owners and tenants when a mobile home park is proposed for conversion to another
use.
Pursuant to Section 5.45.030 of the Conversion Ordinance, replacement housing assistance
activities must be documented in a mobile home park conversion impact report (CIR), which is
must be considered at a public hearing and approved by resolution. While under Sections
5.45.070 and 5.45.080 of the City’s Municipal Code, the Planning Commission is noted as the
review authority for the Conversion Impact Report (CIR), in this case, the City Council will be
the final decision maker on the project entitlements including the CIR. The CIR for the Hidden
Hills MHP is included as Attachment 3.
In compliance with Conversion Ordinance requirements, the project applicant has provided
housing assistance to the former residents of the Hidden Hills MHP. The applicant acquired title
to the property on September 19, 2016. Concurrent with obtaining ownership of the site, the
applicant negotiated with owners of 13 of the 35 on-site coaches to purchase them and to provide
a variety of relocation benefits to those owners that fit their preferences and goals. The other 22
coaches were owned by the park and acquired through the property sale and negotiations with
the prior owner. At the time of the Applicant’s acquisition of the property, 14 of the 22 park -
owned coaches were occupied by tenants on month-to-month leases. Currently 13 of these
remain occupied. The remaining coaches were unoccupied upon acquisition of the property and
have remained unoccupied.
The applicant’s relocation assistance for the owners of the 13 individually-owned coaches was
through direct financial assistance. The negotiated sale prices for these coaches were 163% to
299% of the appraised value, with the differential constituting financial assistance towards
relocation. A summary of this negotiated arrangement is provided in Table 3 of the CIR
(Attachment 3).
With the ownership change, a total of 19 coaches were occupied at closing, of which 14 coaches
were tenant-occupied and five coaches were owner-occupied. The 14 tenants in park-owned
coaches were allowed to remain under month to month lease agreements. The applicant has
committed to provide these tenants with the right of first refusal to occupy new affordable units
in the project once they are constructed. The right of first refusal will be expanded through a
condition of approval of the project to apply to the last tenant(s) of each mobile home coach in
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650 Tank Farm Rd.
Page 15
the Hidden Hills MHP in compliance with Section 5.45.150 of the Conversion Ordinance. Hence
all 35 former tenants will be offered priority access to new rental housing units resulting from the
development of the project site.
5.4 Items for Discussion from the Planning Commission
Conceptual Site Design Comments
While the project site plan is conceptual, the formal design review submittal is likely to adhere
closely to the conceptual site plan. Any comments on the conceptual site plan can be noted and
shared with the ARC for the subsequent design review consideration.
Affordable Housing Component
Staff has been in discussion with the applicant on the number of affordable units that will be
included in the project. The applicant is proposing to provide affordable housing that is
consistent with the affordability of the 35 mobile homes that are proposed to be removed (18
very low, low and moderate and 17 between moderate and market rate). In addition, staff is
requesting the project provide an additional 5 affordable dwelling units (ADUs) in accordance
with the City’s Inclusionary Housing requirement (Table 2 of Appendix N of the Housing
Element).2 The Commission should provide input on the desired number of affordable units and
mix of affordability for the project.
6.0 ENVIRONMENTAL REVIEW
An initial study has been prepared in accordance with the California Environmental Quality Act
(CEQA), and a Mitigated Negative Declaration (MND) is recommended for adoption
(Attachment 6). The potential environmental effects of the proposed project was analyzed in the
IS/MND. The IS/MND also analyzed potential offsite impacts including widening and frontage
improvements along the north side of Tank Farm Road, widening of an existing bridge across
Acacia Creek to the Digital West property, and a new bridge across Orcutt Creek to the NKT
property as alternatives for primary access to the site.
Several technical studies were prepared in support of the IS/MND and are included as
appendices to the report. These include the following:
•Biological Resource Assessment prepared by Rincon Consultants (August 2018)
•Jurisdictional Delineation prepared by Rincon Consultants (August 2018)
•Cultural Resources Technical Report prepared by Rincon Consultants (September 2018)
•Sound Level Assessment prepared by 45dB Acoustics (March 2017)
2 The residential component’s inclusionary requirement is 3% low or 5% moderate income Affordable Dwelling Units (ADUs), or either 7.5 ADUs at the low-income level or 12.5 ADUs at the moderate-income level. Added to
that would be the commercial component, which is 2 ADUs per acre of commercial development. Using the
project’s proposed 17,500 square feet of commercial floor area and a floor area ratio of 0.2 for a service commercial
use yields a commercial acreage of 2.0 acres. Hence, the commercial component would be 4.0 ADUs. The project’s
total inclusionary requirement would be 5 ADUs based on an adjustment factor of 0 in Table 2A, deriving from an
anticipated average unit size up to 1,101 square feet.
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650 Tank Farm Rd.
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• Multimodal Draft Transportation Impact Study prepared by Central Coast Transportation
Consulting (May 2018, updated October 2018)
The Draft IS/MND was released for the 30-day public review period on November 30, 2018.
While the 30-day minimum review period would close on December 30, 2018, the review period
has been extended on account of the New Year’s Day holiday. As such, the public review period
closes on January 4, 2019. A draft Mitigation Monitoring Reporting Program (MMRP) has also
been prepared, and this is included in Attachment 6. Comments received on the Draft IS/MND
will be incorporated as appropriate into the Final IS/MND. The draft IS/MND is available at the
following website:
http://www.slocity.org/government/department-directory/community-development/documents-
online/environmental-review-documents
The Draft IS/MND determined that with incorporation of mitigation measures, potential impacts
to biological resources, cultural resources, geology and soils, hydrology and water quality, noise,
transportation/traffic, and utilities and service systems will be less than significant. These
findings, as well as the MMRP, have been included in the draft Resolution. The Planning
Commission’s recommendations regarding the IS/MND will be forwarded to the City Council,
which will consider the Final IS/MND, the associated findings, and the project’s MMRP as the
basis of CEQA compliance for the proposed rezone and related entitlements.
7.0 OTHER DEPARTMENT COMMENTS
Staff comments provided during review of the proposed project are incorporated into the
presented evaluation and conditions of approval. Additional comments will be provided in the
architectural review report regarding public improvement requirements, utility connections, and
other site features.
8.0 ALTERNATIVES
8.1 Continue the item. An action to continue the item should include a detailed list of
additional information or analysis required.
8.2 Recommend denial of the proposed General Plan Amendment and related
entitlements. Deny the project based on findings of inconsistency with State law, the
General Plan, Zoning Regulations and/or other pertinent City standards.
9.0 NEXT STEPS
If the Planning Commission recommends that the City Council approve the AASP amendment,
General Plan Amendment, Rezone, and use permit, these are the next steps in the process:
• City Council Considers Proposed Rezone, Use Permit, and Related Approvals. The City
Council will review the Planning Commission recommendations, and consider the
proposed General Plan Amendment, amendments to the AASP, Rezone, and Use Permit.
The Council will also consider adoption of the Final IS/MND for the project.
• Architectural Review Commission Advisory Review. As a subsequent step in the
entitlements project, the ARC will conduct design review of the project, which would
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650 Tank Farm Rd.
Page 17
need to be consistent with the proposed rezone and use permit entitlements. The ARC
would make a recommendation to the Planning Commission on the project’s design
review. No final design review application has been submitted at this point, so this would
be a subsequent step in the process.
• Planning Commission Review. After ARC review of the project, the Planning
Commission would take action on the final design review. Similar to the ARC’s review,
the Planning Commission would ensure that the final design is consistent with the rezone
and use permit entitlements.
10.0 ATTACHMENTS
1. Draft Resolution
2. San Luis Obispo Municipal Code Chapter 5.45 Mobile Home Park Conversion
3. Hidden Hills Mobilodge Mobile Home Park Conversion Impact Report by RRM
Design Group (March 2018)
4. General Plan Analysis – Airport Land Use Plan and Policy Consistency Analysis
5. Airport Land Use Commission Consistency Findings, Conditions, and Exhibits (from
November 16, 2018 ALUC staff report)
6. Draft IS/MND and MMRP (November 2018):
http://www.slocity.org/government/department-directory/community-
development/documents-online/environmental-review-documents
7. AASP (as updated for Avila Ranch, 2017):
https://www.slocity.org/home/showdocument?id=15849
Packet Page 27
RESOLUTION NO. PC-XXXX-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO RECOMMENDING THE CITY COUNICL ADOPT
THE GENERAL PLAN AMENDMENT, SPECIFIC PLAN AMENDMENT
AND REZONE, A MOBILE HOME PARK CONVERSION, AND A
CONDITIONAL USE PERMIT TO ALLOW FOR A MIXED-USE PROJECT
AND PARKING REDUCTION INCLUDING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL REVIEW AS REPRESENTED IN
THE PLANNING COMMISSION AGENDA REPORT AND
ATTACHMENTS DATED DECEMBER 12, 2018 (650 TANK FARM ROAD;
EID-1066-2017, SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017)
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 December 12, 2018, for the purpose of considering a General Plan Amendment
(GENP-1065-2017), Specific Plan Amendment and Rezone (SPEC-0398-2017), and a Use
Permit (USE-1067-2017) for the property located at 650 Tank Farm Road to facilitate a mixed
use project; and
WHEREA S, notice of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission 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 Planning Commission of the
City of San Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission does hereby recommend the City
Council approve the proposed project (GENP-1065-2017, SPEC-0398-2017, USE-1067-2017)
that includes a General Plan Amendment, Specific Plan Amendment and Rezone, Conditional
Use Permit and a Mobile Home Park Conversion, to allow a mixed-use project with up to 17,500
square feet of commercial development and 249 residential units based on the following
findings:
General Plan Amendment, Airport Area Specific Plan Amendment, and Rezone Findings:
1. The Airport Area Specific Plan (AASP) as amended is consistent with policy direction
for the area included in the General Plan, and in particular with the following General
Plan policies: Policy LUE Policy 1.5 Jobs/Housing Relationship, because the provides
additional housing opportunities at a location close to major employers and multi -modal
transportation facilities; LUE Policy 2.2.6 and 2.2.7, which promote quality
neighborhoods and infill development, because the project is located within walking
distance to MindBody Headquarters, SESLOC, other nearby employers as well as retail
uses and other services of the Marigold Shopping Center; and Circulation Element
policies 3.1.7 Transit Service Access, 4.1.1 Bicycle Use, and 5.1.2 Sidewalks and Paths,
ATTACHMENT 1
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Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 2
because SLO Transit Routes 1 and 3 provide service to the project site area and because
the project would provide improvements to bicyclist and pedestrian facilities in the
project area. The AASP as amended is also consistent with all other applicable General
Plan policies, as described and analyzed in Section 5.1 of the December 12, 2018 staff
report to the Planning Commission for this project.
2. The AASP Amendment, General Plan Amendment, Rezone, and Conditional Use Permit
allow the implementation of the 650 Tank Farm Road Mixed-Use Project by:
• Updating the City’s General Plan and AASP land use maps to reflect the
development anticipated in the 650 Tank Farm Road Mixed-Use Project
Conceptual Development Plan; and
• Rezoning the site to be consistent with the General Plan, Specific Plan, and the
650 Tank Farm Road Conceptual Development Plan.
3. The site is physically suited for the type and density allowed in the Service Commercial
with the Specific Plan overlay (C-S-SP) zoning district.
4. The County of San Luis Obispo Airport Land Use Commission found the proposed
project to be consistent with the Airport Land Use Plan.
5. The proposed specific plan revision, rezone, and conditional use permit will not conflict
with easements for access through the property.
6. The proposed project will facilitate the development of affordable housing consistent
with the intent of California Government Code §65915, and in compliance with City
policies and the Housing Element.
7. The proposed project is consistent with Land Use Element Policy 2.3.6 “Housing and
Businesses” and 3.8.5 “Mixed Uses” because future development facilitated by the
proposed project would provide residential dwellings within a commercial district near
neighborhood commercial centers, major activity nodes and transit opportunities.
Housing at this location is compatible with proposed and existing commercial and
residential uses on adjacent properties.
8. The proposed project is consistent with the allowable and conditional uses set forth in
Section 4.3 Land Use Policies and Table 4.3 of the Airport Area Specific Plan because:
i. The Service Commercial with the Specific Plan overlay (C-S-SP) zone allows
mixed-use projects;
ii. The project’s conceptual design protects public health, safety, and welfare, with
subsequent development facilitated by the rezone subject to the required
architectural review process; and
iii. Mixed-use development facilitated by the proposed project provides greater
public benefits than a single-use development of the site because it provides
needed housing, it is located along a major transit, bike, and pedestrian corridor,
and is in close proximity of workplaces, schools, health facilities, and services.
ATTACHMENT 1
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Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 3
Mobile Home Park Mobile Conversion Impact Report
9. In accordance with Chapter 5.45 of the Municipal Code, a Mobile Home Park
Conversion Impact Report was prepared which contains reasonable measures to mitigate
the adverse impacts of the mobile home park conversion on affected mobile home owners
and residents.
10. In in accordance with Section 5.45.070 of the Municipal Code, a duly-noticed public
hearing was held regarding the proposed mobile home park conversion, and at this
hearing, testimony from all interested parties was heard and considered.
11. The proposed conversion impact report contains reasonable measures to mitigate the
adverse impacts of the mobile home park conversion on affected mobile home owners
and residents because it outlines the how mobile homes have been purchased and covered
all reasonable costs of relocation for the resident tenants.
Use Permit Findings
12. The proposed density use will not be detrimental to the health, safety, or welfare of
persons working or living at the site or within the vicinity.
13. The project is consistent with the City’s General Plan applicable to development in a
Service Commercial area. The proposed mixed-use project is consistent with the
allowances for uses in the C-S-SP Zoning District as set forth in Table 4.3 of the AASP.
Mixed-use developments are allowed with a use permit in the C-S-SP Zoning District.
14. The proposed project complies with San Luis Obispo Municipal Code Section
17.16.060.A., Parking Space Requirements, in that it satisfies the intent of that section
which is “…to minimize the area devoted exclusively to parking and drives when typical
demand may be satisfied more efficiently by shared facilities.” Moreover, the project
satisfies the requirement for a shared parking reduction specified in San Luis Obispo
Municipal Code Section 17.16.060.B because there are multiple uses that share common
parking areas and the times of maximum parking demand from the proposed uses will not
coincide (Section 17.16.060.C).
15. That the proposed parking reduction will safe, and will not be detrimental to the
surrounding area or cause a decline in quality of life because project is located close
proximity to grocery stores, restaurants, employment and bus stops allowing for
alternative modes of transportation such as walking, biking or taking public
transportation.
SECTION 2. Environmental Review. The Planning Commission recommends the City
Council adopt the proposed Mitigated Negative Declaration of Environmental Impact that finds
that with the incorporation of the following mitigation measures and the mitigation monitoring
program, environmental impacts will be less than significant: following CEQA findings in
support of the project:
ATTACHMENT 1
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Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 4
Air Quality Mitigation
Mitigation Measure AQ-1. The applicant shall define and incorporate into project design at
least four of the standard emission reduction measures from the SLOAPCD CEQA Air Quality
Handbook (Table 3-5). Emission reduction measures shall include, but would not be limited to:
• Provide a pedestrian friendly and interconnected streetscape with good access to/from the
development for pedestrians, bicyclists, and transit users to make alternative
transportation more convenient, comfortable, and safe.
• Provide shade over 50% of parking spaces to reduce evaporative emissions from parked
vehicles.
• Incorporate traffic calming modification into project roads to reduce vehicle speeds and
increase pedestrian and bicycle usage and safety.
• Work with SLOCOG to create, improve, or expand a nearby ‘Park and Ride’ lot with car
parking and bike lockers in proportion to the size of the project.
• Exceed Cal Green standards by 25% for providing on-site bicycle parking: both short
term racks and long-term lockers, or a locked room with standard racks and access
limited to bicyclists only.
• Provide improved public transit amenities (covered transit turnouts, direct pedestrian
access, bicycle racks, covered bench, smart signage, route information displays, lighting,
etc.)
• Provide bicycle-share program for development.
• Provide dedicated parking for carpools, vanpools, and/or high-efficiency vehicles to meet
or exceed Cal Green Tier 2.
Mitigation Measure AQ-2. The applicant shall implement the following dust control measures
so as to reduce PM10 emissions in accordance with SLOAPCD requirements.
• Reduce the amount of the disturbed area where possible;
• Water trucks or sprinkler systems shall be used during construction in sufficient
quantities to prevent airborne dust from leaving the site. Increased watering frequency
shall be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water
shall be used whenever possible;
• All dirt stock pile areas shall be sprayed daily as needed;
• Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible following completion of any
soil disturbing activities;
• Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading shall be sown with a fast germinating, non-invasive grass seed and
watered until vegetation is established;
• 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
SLOAPCD;
• All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as
possible after grading unless seeding or soil binders are used;
ATTACHMENT 1
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Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 5
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site;
• 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;
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site;
• Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water shall be used where feasible;
Mitigation Measure AQ-3. The following standard air quality mitigation measures shall be
implemented during construction activities at the project site:
• Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
• Fuel all off-road and portable diesel-powered equipment with ARB certified motor
vehicle diesel fuel (non-taxed version suitable for use off-road);
• Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner off -
road heavy-duty diesel engines, and comply with the State Off-Road Regulation;
• Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification standard
for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation;
• Construction or trucking companies with fleets that do not have engines in their fleet that
meet the engine standards identified in the above two measures (e.g. captive or NOX
exempt area fleets) may be eligible by proving alternative compliance;
• All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall
be posted in the designated queuing areas and or job sites to remind drivers and operators
of the 5-minute idling limit;
• Diesel idling within 1,000 feet of sensitive receptors is not permitted;
• Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
• Electrify equipment when feasible;
• Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and
• Use alternatively fueled construction equipment on-site where feasible, such as
compressed natural gas, liquefied natural gas, propane or biodiesel.
➢ AQ-1, AQ-2, and AQ-3 Monitoring Program: The Community Development Department
shall verify compliance prior to issuance of grading or construction permits. The contractor
or builder shall designate a person or persons to monitor fugitive dust emissions as necessary
during construction to minimize dust complaints, reduce visible emissions below 20 percent
opacity, and to prevent transport of dust offsite. 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 SLOAPCD Compliance Division prior to the start of
any grading, earthwork or demolition. The Community Development Department shall site
inspect to ensure construction activities are completed in accordance with approved plans,
and development is in accordance with approved plans prior to occupancy clearance.
Community Development staff shall verify installation of operational emissions reduction
measures in accordance with approved building plans.
ATTACHMENT 1
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Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 6
Biological Resources Mitigation
Mitigation Measure BIO-1(a). Prior to the start of vegetation management activities on the
project site, or prior to the start of any construction activity within potential off-site improvement
areas, the developer shall ensure an approved biologist conducts surveys for special status plant
species throughout suitable habitat. Surveys shall be conducted when plants with potential to
occur are in a phenological stage conducive to positive identification (i.e., usually during the
blooming period for the species), a qualified biologist shall conduct surveys for special status
plant species throughout suitable habitat within all potential vegetation management areas.
Reference sites must be visited prior to botanical surveys to confirm target species are detectable.
Valid botanical surveys will be considered current for up to five years; if construction has not
commenced within five years of the most recent survey, botanical surveys must be repeated.
Mitigation Measure BIO-1(b). If special status plant species are discovered within the project
site or potential off-site improvement areas, an approved biologist shall flag and fence these
locations before construction activities start to avoid impacts. During vegetation management
activities, any special status plants identified during the survey must be flagged for avoidance.
Mitigation Measure BIO-1(c). If avoidance is not feasible; all impacts shall be mitigated at a
minimum ratio of 2:1 (number of acres or individuals restored to number of acres or individuals
impacted) for each species as a component of habitat restoration. A qualified biologist shall
prepare and submit a restoration plan to the City for approval. The restoration plan shall include,
at a minimum, the following components:
• Description of the project/impact site (i.e., location, responsible parties, areas to be
impacted by habitat type);
• Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be
established, restored, enhanced, and/or preserved; specific functions and values of habitat
type(s) to be established, restored, enhanced, and/or preserved];
• Description of the proposed compensatory mitigation site (location and size, ownership
status, existing functions and values);
• Implementation plan for the compensatory mitigation site (rationale for expecting
implementation success, responsible parties, schedule, site preparation, planting plan
[including species to be used, container sizes, seeding rates, etc.]);
• Maintenance activities during the monitoring period, including weed removal and
irrigation as appropriate (activities, responsible parties, schedule);
• Monitoring plan for the compensatory mitigation site, including no less than quarterly
monitoring for the first year, along with performance standards, target functions and
values, target acreages to be established, restored, enhanced, and/or preserved, and annual
monitoring reports to be submitted to the City for a minimum of five years at which time
the applicant shall demonstrate that performance standards/success criteria have been
met;
• Success criteria based on the goals and measurable objectives; said criteria to be, at a
minimum, at least 80% survival of container plants and 30% relative cover by vegetation
type;
• An adaptive management program and remedial measures to address any shortcomings in
meeting success criteria;
ATTACHMENT 1
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Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 7
• Notification of completion of compensatory mitigation and agency confirmation; and
• Contingency measures (initiating procedures, alternative locations for contingency
compensatory mitigation, funding mechanism).
Mitigation Measure BIO-2(a). The following Best Management Practices (BMPs) shall be
implemented for project construction activities within the work area.
• No pets or firearms shall be allowed at the project site during construction activities.
• All trash that may attract predators must be properly contained and removed from the
work site. All such debris and waste shall be picked up daily and properly disposed of at
an appropriate site.
• All refueling, maintenance, and staging of equipment and vehicles shall occur at least 50
feet from Acacia Creek and Orcutt Creek and in a location where a spill would not drain
toward aquatic habitat. A plan must be in place for prompt and effective response to any
accidental spills prior to the onset of work activities. All workers shall be informed of the
appropriate measures to take should an accidental spill occur.
• Pallets or secondary containment areas for chemicals, drums, or bagged materials shall be
provided. Should material spills occur, materials and/or contaminants shall be cleaned
from the project site and recycled or disposed of to the satisfaction of the Regional Water
Quality Control Board.
• Prior to construction activities within 30 feet of potentially jurisdictional features,
including Acacia Creek and Orcutt Creek, the drainage features shall be fenced with
orange construction fencing and signed to prohibit entry of construction equipment and
personnel unless authorized by the City. Fencing should be located a minimum of 30 feet
from the edge of the riparian canopy or top of bank and shall be maintained throughout
the construction period for each phase of development. Once all phases of construction in
this area are complete, the fencing may be removed.
• Erosion control and landscaping specifications allow only natural-fiber, biodegradable
meshes and coir rolls, to prevent impacts to the environment and to fish and terrestrial
wildlife.
• All vehicles and equipment shall be in good working condition and free of leaks.
• Construction work shall be restricted to daylight hours (7:00 AM to 7:00 PM) to avoid
impacts to nocturnal and crepuscular (dawn and dusk activity period) species.
• Concrete truck and tool washout shall be limited to locations designated by a qualified
biologist or a Qualified Storm-water Practitioner such that no runoff will reach Acacia
Creek or Orcutt Creek.
• All open trenches shall be constructed with appropriate exit ramps to allow species that
accidentally fall into a trench to escape. Trenches will remain open for the shortest period
necessary to complete required work.
• No water will be impounded in a manner to attract sensitive species.
Mitigation Measure BIO-2(b). Prior to the initiation of construction activities (including
staging and mobilization), all personnel associated with project construction shall attend a
Worker Environmental Awareness Program (WEAP) training. The training shall be conducted
by a qualified biologist, to aid workers in recognizing special status resources that may occur in
the project area. The specifics of this program shall include identification of the sensitive species
and habitats, a description of the regulatory status and general ecological characteristics of
ATTACHMENT 1
Packet Page 34
Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 8
sensitive resources, and review of the limits of construction and avoidance measures required t o
reduce impacts to biological resources within the work area. A fact sheet conveying this
information shall also be prepared for distribution to all contractors, their employers, and other
personnel involved with construction of the project. All employees shall sign a form provided by
the trainer documenting they have attended the training.
Mitigation Measure BIO-2(c). The following shall be implemented to avoid and minimize
potential impacts to California Red-legged Frog.
• A pre-construction survey of the proposed disturbance footprint (within the project site or
potential off-site improvement areas) for California red-legged frog shall be conducted by
a qualified biologist within 48 hours prior to the start of project construction to confirm
this species is not present in the work area.
• In the event the pre-construction survey identifies the presence of individuals of CRLF,
or if individuals of these species are encountered during construction, then the applicant
shall stop work and comply with all relevant requirements of the Federal Endangered
Species Act prior to resuming project activities.
• Only City- and USFWS-approved biologists shall participate in activities associated with
the capture, handling, and monitoring of CRLF.
• If activities occur between November 1 and April 30, the qualified biologist shall conduct
a pre‐activity clearance sweep prior to start of project activities on the morning following
any rain events of 0.1 inch or greater.
Mitigation Measure BIO-2(d). A qualified biologist shall conduct a pre-construction survey
within 48 hours of initial ground disturbing activities associated with any off-site improvements,
including modifications to the existing crossing over Acacia Creek or the development of a new
crossing over Orcutt Creek. The survey area shall include any proposed disturbance area(s) and
all proposed ingress/egress routes. If any of these species are found and individuals may be
injured or killed by work activities, the biologist shall be allowed sufficient time to move th em
from the project site before work activities begin. The biologist(s) shall relocate any coast range
newts, two-striped garter snakes, and/or western pond turtles the shortest distance possible to a
location that contains suitable habitat that is not likely to be affected by activities associated with
the project.
Mitigation Measure BIO-2(e). The applicant shall implement the following to avoid and
minimize potential impacts to steelhead.
• Construction associated with the widening of the existing crossing over Acacia Creek
shall be restricted to periods of dry weather from April 16 through October 31, and shall
not be conducted within 48 hours after a rain event of 0.25 inch or greater, or until an
approved biologist confirms there is no longer a chance for flowing water to enter the
work area.
• Widening of the existing crossing shall follow the design standards developed by the City
of San Luis Obispo and shall be developed in a manner that does not impede wildlife
movement.
ATTACHMENT 1
Packet Page 35
Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 9
Mitigation Measure BIO-2(f). The following actions shall be undertaken to avoid and minimize
potential impacts to nesting birds:
• For construction activities occurring during the nesting season (generally February 1 to
September 15), 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.
• If feasible, removal of vegetation within suitable nesting bird habitats will be scheduled
to occur in the fall and winter (between September 1 and February 14), after fledging and
before the initiation of the nesting season.
• If a suspected American bald eagle nest is discovered during the pre-construction survey,
then the applicant shall consult with the City, USFWS, and CDFW regarding appropriate
nest buffers and nest monitoring. If a nest is discovered with construction underway, a
no-activity buffer a minimum of 660 feet from the nest must be implemented, or as
otherwise directed by CDFW and USFWS, until appropriate authorizations are obtained.
Any subsequent buffer adjustments shall be made in consultation with the City, CDFW
and USFWS and shall rely on monitoring observations and activity at the site. Additional
avoidance measures for special status bird nests such as American bald eagle nests are
often required, and would be developed in consultation with the City, CDFW and
USFWS.
Mitigation Measure BIO-2(g). The following actions shall be undertaken to avoid and
minimize potential impacts to roosting bats:
• Prior to issuance of grading permits, 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.
ATTACHMENT 1
Packet Page 36
Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 10
• Prior to removal of any trees, 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 other appropriate
passive relocation method. For each occupied roost removed, one bat box or alternate
roost structure 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.
➢ BIO-1(a) to BIO-2(g) Monitoring Program: The Environmental Monitor shall monitor
environmental compliance of the construction activities throughout the construction period or
as stipulated in the species- or resource-specific mitigation measure and provide monitoring
reports to the City.
Mitigation Measure BIO-3. Temporary impact areas shall be restored at a one to one (1:1) ratio
(one acre of restoration for each acre of impact) to offset temporary losses in wetland, stream, or
riparian function. Permanent impacts on jurisdictional areas shall be offset through creation,
restoration, and/or enhancement of in-kind habitats at a minimum ratio of 2:1. Permitting
agencies (CDFW, USACE, RWQCB) may require a higher mitigation ratio associated with
applicable permits.
A Mitigation and Monitoring Plan is required to outline the approach that will be taken for
restoration and habitat creation or enhancement. The plan shall be prepared by a qualified
restoration ecologist. The plan shall include, but not be limited to the following components:
• Description of the project/impact site,
• Goal(s) of the compensatory mitigation,
• Description of the proposed compensatory mitigation-site,
• Implementation plan for the compensatory mitigation-site,
• Maintenance activities during the monitoring period,
• Monitoring plan for the compensatory mitigation-site,
• Success criteria and performance standards,
• Reporting requirements, and
• Contingency measures and funding mechanisms.
➢ BIO-3 Monitoring Plan: The Environmental Monitor shall monitor environmental
compliance of the construction activities throughout the construction period or as stipulated
in the Mitigation and Monitoring Plan and provide monitoring reports to the City.
Cultural Resources Mitigation
Mitigation Measure CR-2(a). In accordance with the City’s Conservation and Open Space
Policies 3.5.6 and 3.5.7, a qualified principal investigator, defined as an archaeologist who meets
the Secretary of the Interior’s Standards for professional archaeology (hereafter qualified
archaeologist), shall be retained to carry out all mitigation measures related to archaeological
resources.
ATTACHMENT 1
Packet Page 37
Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 11
Monitoring shall involve inspection of subsurface construction disturbance in the immediate
vicinity of known sites, or at locations that may harbor buried resources that were not identified
on the site surface. A Native American monitor shall also be present because the area is a
culturally-sensitive location. The monitor(s) shall be on -site on a full-time basis during
earthmoving activities, including grading, trenching, vegetation removal, or other excavation
activities.
Mitigation Measure CR-2(b). An extended phase I (XPI) testing program, utilizing standard
shovel test pits and/or hand auguring at arbitrary levels, shall be conducted for development
activity that would require ground disturbance within the potential off-site improvement areas,
including riparian areas associated with the Orcutt Creek and Acacia Creek corridors, and in
riparian areas immediately north of the project site.
If the XPI program identifies subsurface deposits that cannot be avoided by project design, a
Phase II evaluation program shall be prepared to determine whether development would
significantly impact identified resources.
If the Phase II evaluation program identifies identified resources as significant, a Phase III data
recovery program shall be prepared and implemented. The purpose of the Phase III data recovery
program is to recover, analyze, interpret, report, curate, and preserve archaeological data that
would otherwise be destroyed.
The testing and evaluation programs shall be prepared by a qualified archaeologist prior to the
issuance of grading permits, and shall be submitted for review and approval by the City prior to
the approval of grading and construction permits. The qualified archaeologist shall monitor
compliance with testing and evaluation program requirements during implementation of the
testing and evaluation programs.
Mitigation Measure CR-2(c). If cultural resources are encountered during ground-disturbing
activities, work in the immediate area must halt and an archaeologist meeting the Secretary of the
Interior’s Professional Qualifications Standards for archaeology (NPS 1983) should be contacted
immediately to evaluate the find. If the discovery proves to be significant under CEQA,
additional work such as data recovery excavation and Native American consultation may be
warranted to mitigate any significant impacts.
➢ CR-2(a, b and c) Monitoring Plan: The City shall confirm the qualifications of and approve
the applicant’s choice of a qualified archaeologist. The City shall inspect the site periodically
during grading and demolition to ensure compliance with this measure. The City shall review
construction plans and periodically inspect project construction to ensure compliance with
these measures.
Mitigation Measure CR-3(a). Prior to the commencement of ground disturbing activities under
the project, a qualified professional paleontologist shall be retained to conduct paleontological
monitoring during project ground disturbing activities. The Qualified Paleontologist (Princip al
Paleontologist) shall have at least a master’s degree or equivalent work experience in
paleontology, shall have knowledge of the local paleontology, and shall be familiar with
paleontological procedures and techniques.
ATTACHMENT 1
Packet Page 38
Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 12
Ground disturbing construction activities (including grading, trenching, drilling with an auger
greater than 3 feet in diameter, and other excavation) within previously undisturbed sediments at
depths greater than six feet shall be monitored on a full-time basis. Monitoring shall be
supervised by the Qualified Paleontologist and shall be conducted by a qualified paleontological
monitor, who is defined as an individual who meets the minimum qualifications per standards set
forth by the SVP (2010), which includes a B.S. or B.A. degree in geology or paleontology with
one year of monitoring experience and knowledge of collection and salvage of paleontological
resources.
The duration and timing of the monitoring shall be determined by the Qualified Paleontologist. If
the Qualified Paleontologist determines that full-time monitoring is no longer warranted, he or
she may recommend reducing monitoring to periodic spot-checking or cease entirely. Monitoring
would be reinstated if any new ground disturbances are required and reduction or suspension
would need to be reconsidered by the Qualified Paleontologist. Ground-disturbing activity that
does not exceed six feet in depth within Quaternary alluvium would not require paleontological
monitoring.
Mitigation Measure CR-3(b). In the event that a paleontological resource is discovered, the
monitor shall have the authority to temporarily divert the construction equipment around the find
until it is assessed for scientific significance and collected. Once salvaged, significant fossils
shall be identified to the lowest possible taxonomic level, prepared to a curation-ready condition,
and curated in a scientific institution with a permanent paleontological collection along with all
pertinent field notes, photos, data, and maps. Curation fees are assessed by the repository, and
are the responsibility of the project owner.
Mitigation Measure CR-3(c). At the conclusion of laboratory work and museum curation, a
final report shall be prepared describing the results of the paleontological mitigation monitoring
efforts associated with the project. The report shall include a summary of the field and laborato ry
methods, an overview of the project geology and paleontology, a list of taxa recovered (if any),
an analysis of fossils recovered (if any) and their scientific significance, and recommendations.
The report shall be submitted to the lead agency(s) for th e project. If the monitoring efforts
produced fossils, then a copy of the report shall also be submitted to the designated museum
repository.
➢ CR-3 (a, b, and c) Monitoring Plan. Prior to initial ground disturbance, the City shall
confirm the qualifications of and approve the applicant’s choice of the qualified
paleontologist. The City shall inspect the site periodically during grading and demolition to
ensure compliance with this measure. The City shall review construction plans and
periodically inspect project construction to ensure compliance with these measures. The City
shall review and approval the Final Paleontological Monitoring Report.
Geology and Soils Mitigation
Mitigation Measure GEO-1. A geotechnical study shall be prepared for the project site prior to
site development. This report shall include an analysis of the liquefaction potential of the
underlying materials according to the most current liquefaction analysis procedures. If the site is
ATTACHMENT 1
Packet Page 39
Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 13
confirmed to be in an area prone to seismically-induced liquefaction, appropriate techniques to
minimize liquefaction potential shall be prescribed and implemented. In addition to a
liquefaction analysis, the Geotechnical Study shall include an evalu ation of the potential for soil
settlement and soil expansion beneath the project site. All on-site structures shall comply with
applicable methods of State and Local Building Codes.
Future development of the site shall incorporate all applicable engineering requirements and
recommendations as presented in the Geotechnical Study. Suitable measures to reduce
liquefaction, settlement, and soil expansion impacts may include one or more of the following
techniques, as determined by a registered geotechnical engineer:
• Specialized design of foundations by a structural engineer;
• Removal or treatment of liquefiable soils to reduce the potential for liquefaction;
• In-situ densification of soils or other alterations to the ground characteristics; or
• Other alterations to the ground characteristics.
• Excavation and re-compaction of on-site or imported soils;
• Treatment of existing soils by mixing a chemical grout into the soils prior to re-
compaction; or
• Foundation design that can accommodate certain amounts of differential settlement such
as post tensional slab and/or ribbed foundations designed in accordance with the
California Building Code.
➢ GEO-1 Monitoring Plan. The Community Development Department shall verify
compliance prior to issuance of grading permits. The Community Development Department
shall site inspect to ensure development is in accordance with approved plans prior to
occupancy clearance. Community Development staff shall verify installation in accordance
with approved building plans.
Hydrology and Water Quality Mitigation
Mitigation Measure HYD-1. The applicant shall prepare the conditional letter of map revision
(CLOMR) application and obtain an official letter of map revision (LOMR) from FEMA.
➢ HYD-1 Monitoring Plan. The City will confirm that FEMA has approved the CLOMR prior
to issuance of a grading permit, and LOMR prior to issuance of a building permit.
Noise Mitigation
Mitigation Measure N-1. If the final project site design includes residential units facing Tank
Farm Road in the structures located closest to Tank Farm Road, the project site developer shall
implement the following measures, or similar combination of measures, which demonstrate that
interior noise levels in residences facing Tank Farm Road would be reduced below the City’s 45
dBA CNEL interior noise standard. The required interior noise reduction shall be achieved
through a combination of standard interior noise reduction techniques, which may include (but
are not limited to):
ATTACHMENT 1
Packet Page 40
Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 14
• In order for windows and doors to remain closed, mechanical ventilation such as air
conditioning shall be provided for all units facing Tank Farm Road (passive ventilation
may be provided, if mechanical ventilation is not necessary to achieve interior noise
standards, as demonstrated by a qualified acoustical consultant).
• All exterior walls shall be constructed with a minimum STC rating of 50, consisting of
construction of 2 inch by 4-inch wood studs with one-layer of 5/8 inch Type “X” gypsum
board on each side of resilient channels on 24 inch centers and 3 ½ inch fiberglass
insulation.
• All windows and glass doors shall be rated STC 39 or higher such that the noise
reduction provided will satisfy the interior noise standard of 45 dBA CNEL.
• An acoustical test report of all the sound-rated windows and doors shall be provided to
the City for review by a qualified acoustical consultant to ensure that the selected
windows and doors in combination with wall assemblies would reduce interior noise
levels sufficiently to meet the City’s interior noise standard.
• All vent ducts connecting interior spaces to the exterior (i.e., bathroom exhaust, etc.) shall
have at least two 90 degree turns in the duct.
• All windows and doors facing Tank Farm Road shall be installed in an acoustically-
effective manner. Sliding window panels shall form an air -tight seal when in the closed
position and the window frames shall be caulked to the wall opening around the
perimeter with a non-hardening caulking compound to prevent sound infiltration.
Exterior doors shall seal air-tight around the full perimeter when in the closed position.
• The applicant shall submit a report to the Community Development Department by a
qualified acoustical consultant certifying that the specific interior noise reduction
techniques included in residential, hotel, and office components of the project would
achieve interior noise levels that would not exceed 45 dBA CNEL.
➢ N-1 Monitoring Plan. The Community Development Department shall verify compliance
prior to approval of the building plans and shall verify installation in accordance with
approved building plans.
Mitigation Measure N-2(a). For all construction activity at the project site, noise attenuation
techniques shall be employed to ensure that noise levels are maintained within levels allowed by
the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such
techniques shall include:
• Sound blankets on noise-generating equipment.
• Stationary construction equipment that generates noise levels above 60 dBA at the project
boundaries shall be shielded with barriers that meet a sound transmission class (a rating
of how well noise barriers attenuate sound) of 25.
• All diesel equipment shall be operated with closed engine doors and shall be equipped
with factory-recommended mufflers.
• For stationary equipment, the applicant shall designate equipment areas with appropriate
acoustic shielding on building and grading plans. Equipment and shielding shall be
installed prior to construction and remain in the designated location throughout
construction activities.
• Electrical power shall be used to power air compressors and similar power tools.
ATTACHMENT 1
Packet Page 41
Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 15
• The movement of construction-related vehicles, with the exception of passenger vehicles,
along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00
AM and 7:00 PM, Monday through Saturday. No movement of heavy equipment shall
occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day).
• Temporary sound barriers shall be constructed between the construction site and the
single-family residence to the southeast.
Mitigation Measure N-2(b). The contractor shall inform the property owner of the single-family
residence to the southeast of the project site of proposed construction timelines and noise
complaint procedures to minimize potential annoyance related to construction noise. Proof of
mailing the notice shall be provided to the Community Development Department before the City
issues a zoning clearance. Signs shall be in place before beginning of and throughout grading and
construction activities. Noise-related complaints shall be directed to the City’s Community
Development Department.
Plan Requirements and Timing. Construction plans shall note construction hours, truck routes,
and construction Best Management Practices (BMPs) and shall be submitted to the City for
approval prior to grading and building permit issuance for each project phase. BMPs shall be
identified and described for submittal to the City for review and approval prior to building or
grading permit issuance. BMPs shall be adhered to for the duration of the project. The applicant
shall provide and post signs stating these restrictions at construction site entries. Signs shall be
posted prior to commencement of construction and maintained throughout construction.
Schedule and neighboring property owner notification mailing list shall be submitted 10 days
prior to initiation of any earth movement. The Community Development department shall
confirm that construction noise reduction measures are incorporated in plans prior to approval of
grading/building permit issuance.
All construction workers shall be briefed at a pre-construction meeting on construction hour
limitations and how, why, and where BMP measures are to be implemented. A workday
schedule will be adhered to for the duration of construction for all phases.
➢ N-2(a and b) Monitoring Plan. City staff shall ensure compliance throughout all
construction phases. Building inspectors and permit compliance staff shall periodically
inspect the site for compliance with activity schedules and respond to complaints.
Transportation and Traffic Mitigation
Mitigation Measure T-1. The project applicant shall pay fair share costs for required
intersection improvements to address the project’s identified queueing impact at the Broad
Street/Tank Farm Road intersection. Required intersection improvements include:
• Broad Street/Tank Farm Road: Re-stripe the existing cross-sectional width to provide a
second southbound left turn lane.
Alternatively, the identified queueing impact at the Broad Street/Tank Farm Road intersection
would be eliminated if the applicant provides a vehicular connection to the adjacent site to the
east, which would allow use of the traffic signal way at Industrial Way.
ATTACHMENT 1
Packet Page 42
Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 16
➢ T-1 Monitoring Plan. The City shall verify payment of fair share costs (or inclusion of a
vehicular connection to the adjacent site to the east on project site plans) upon acceptance by
the City of final design plans.
Mitigation Measure T-2. The project applicant shall pay fair share costs for required
intersection and segment improvements to address the project’s contribution to identified
cumulative intersection and segment level of service and queueing impacts. Required
intersection improvements include:
• Tank Farm Road/South Higuera Street: Install a second southbound left turn lane.
• Tank Farm Road/Santa Fe Road: Install a multi-lane roundabout.
• Broad Street/Industrial Way: Convert the east and west approaches from split phasing to
permissive phasing and restripe both approaches to provide dedicated left turn lanes and
shared through/right turn lanes.
• Broad Street/Tank Farm Road: Add a second southbound left turn lane, add a dedicated
northbound right turn lane, convert the westbound right turn lane to a shared
through/right lane, and establish time-of-day timing plans.
Required segment improvements include:
• Tank Farm Road from Old Windmill Lane to Santa Fe Road: Roadway widening.
➢ T-2 Monitoring Plan. The City shall verify payment of fair share costs upon acceptance by
the City of final design plans and in accordance with the timing of improvements.
Utilities and Service Systems Mitigation
Mitigation Measure UT-1. Prior to issuance of grading permits, the applicant shall define and
incorporate into the project design an Inflow and Infiltration reduction strategy consistent with
the City’s Wastewater Infrastructure Renewal Strategy. Prior to issuance of a certificate of
occupancy, the developer shall be required to implement, and demonstrate off-site sewer
rehabilitation that results in quantifiable inflow and infiltration reduction in the City’s
wastewater collection system in sub-basin A1, 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 one of the following:
• Sufficient reductions in wastewater flow within sub-basins A1, 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, or any property owner located within said basins; or
• Participation in a sewer lateral replacement program, or similar inflow and infiltration
reduction program to be developed by City if program is in place prior to issuance of
certificate of occupancy; or any other off-site sewer rehabilitation proposed by the
developer and 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.
ATTACHMENT 1
Packet Page 43
Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 17
➢ UT-1 Monitoring Plan. The Community Development Department shall verify compliance
prior to issuance of grading permits.
Mitigation Measure UT-2. Prior to issuance of grading permits, the applicant shall define and
incorporate into the project design water reduction measures consistent with the City’s Recycled
Water Master Plan. Prior to issuance of a certificate of occupancy, the developer shall be
required to implement, and demonstrate water offsets that result in quantifiable water demand
reductions in the City’s potable water distribution system with an amount equal to offset the
project’s water flow increase. This may be satisfied by one of the following:
• Sufficient reductions in potable water demands, commensurate with the additional water
demands contributed by the project, to be achieved by verified conversions of existing
irrigation system from potable water to recycled water systems located within the City’s
potable water distribution system;
• Participation in the construction of new mains for the recycled water transmission
system; or construction of any other recycled water main proposed by the developer and
approved by the Utilities Director, which will achieve a reduction in potable water
demands commensurate with the additional water demands contributed by the project.
➢ UT-2 Monitoring Plan. The Community Development Department shall verify compliance
prior to issuance of grading permits.
SECTION 3 . Action. The Planning Commission does hereby recommend the City
Council approve the proposed project (GENP-1065-2017, SPEC-0398-2017, USE-1067-2017)
that includes a General Plan Amendment, Specific Plan Amendment and Rezone, Conditional
Use Permit and a Mobile Home Park Conversion, to allow a mixed-use project with up to 17,500
square feet of commercial development and 249 residential units subject to the following
conditions:
Conversion Impact Report
1. No building permit shall be issued for conversion of a mobile home park property until
the applicant has filed with the director a written statement confirming full performance
of the conditions of approval. The written statement shall list the name of each affected
mobile home owner and resident and the date and type of relocation assistance provided
to such person. The statement shall be executed under penalty of perjury. (Ord. 1533 § 1
(part), 2009).
2. The applicant shall submit proof of recordation of a certificate of acceptance within 30
days after the adoption of the resolution of approval.
General Plan Amendment, Specific Plan Amendment and Rezone
3. The General Plan and the Airport Specific Plan shall be amended as shown is Exhibit A.
4. The project is limited to a mixed-use development with no more than 17,500 square feet
of commercial development and no more than 249 residential dwelling units.
ATTACHMENT 1
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Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 18
5. The 13 remaining tenants of the Hidden Hills Mobilodge Mobil Home Park shall be
given right of first refusal for the affordable housing units in the subsequent mixed-use
development, and should any of these former tenants not be qualified for the affordable
housing units, they shall be given right of first refusal for the first available non-restricted
housing units.
6. The applicant shall continue to work with the adjacent property owner at 670 Tank Farm
Road (APN 053-421-004) to provide a common driveway for access to both 650 Tank
Farm and 570 Tank Farm Road at the Tank Farm Road/MindBody intersection. All
design details for the proposed access, the connection to the Tank Farm Road/MindBody
intersection, and the new creek crossing over Orcutt Creek shall be included in the
architectural plan submittal.
7. No development other than the project as specifically described to the ALUC in the
written materials attached to the Referral Letter from the City dated September 28, 2018,
in the written materials subsequently provided by the Applicant to the ALUC and
included in the agenda packets for the ALUC’s October 17, 2018 and November 16, 2018
meetings and in the oral testimony by the Applicant during said meetings, may be
established without subsequent prior referral to the ALUC.
8. The Amendments shall apply only to the property currently proposed to be occupied by
the Project, i.e. to the Project site.
9. The residential density of the Project site within the S-1c Safety Area is limited to 249
dwelling units.
10. The maximum height limit of structures on the site shall be consistent with City height
requirements and shall not exceed 35 feet.
11. The Project shall meet all the noise mitigation measures set forth in Section 4.3.3 of the
ALUP.
12. No structure, landscaping, apparatus, or other feature, whether temporary or permanent in
nature shall constitute an obstruction to air navigation or a hazard to air navigation, as
defined by the ALUP.
13. Any use is prohibited that may entail characteristics which would potentially interfere
with the takeoff, landing, or maneuvering of aircraft at the Airport, including:
• creation of electrical interference with navigation signals or radio communication
• between the aircraft and airport;
• lighting which is difficult to distinguish from airport lighting;
• glare in the eyes of pilots using the Airport;
• uses which attract birds and create bird strike hazards;
• uses which produce visually significant quantities of smoke; and
• uses which entail a risk of physical injury to operators or passengers of aircraft
(e.g. exterior laser light demonstrations or shows).
ATTACHMENT 1
Packet Page 45
Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Page 19
14. Avigation easements shall be recorded for each property developed within the Project site
prior to the issuance of any building permit or conditional use permit.
15. 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.
Conditional Use Permit
16. The property owner shall be responsible for maintaining and updating the current parking
calculation for the commercial component of the project upon the submittal of Planning
and Building permits for tenant changes or improvements to ensure the site does not
become under-parked.
17. The subsequent development of the site shall require submittal of an architectural review
application, which will be reviewed by both the Architectural Review Commission and
the Planning Commission.
18. 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.
Upon motion of ______________________, seconded by __________________ and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this ___ day of ________________ 2018.
_____________________________
Xzandrea Fowler, Secretary
Planning Commission
ATTACHMENT 1
Packet Page 46
Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Exhibit A
Page A-1
Exhibit A
650 Tank Farm Road Rezoning Map
ATTACHMENT 1
Packet Page 47
Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Exhibit A
Page A-2
650 Tank Farm Road Text Amendment to the Airport Area Specific Plan
Table 4.1
San Luis Obispo Airport Area Specific Plan
Land Use Program and Development Capacities
Residential Land Use Designations Acres Units Per
Acre
Estimated
Dwelling Units
Undeveloped Land1 Low Density 12.8 7.9 101
Medium Density 27.320.5 10.9 297223
Medium-High/High Density 15.2 21.2 322
Subtotal 55.3 720
Developed Land (Existing Mobile
Homes)
6.7 4.8 32
Total Residential Property 62.055.2 752678
Non-Residential Land Use
Designations
Acres Floor Area
Ratio
(F.A.R.)
Estimated
Building Square
Feet
Undeveloped Land Neighborhood Commercial 8.4 0.31 115,000
Business Park 129.8126.6 0.20 1,110,4831,102,939
Service Commercial 144.9155.0 0.24 1,545,3741,620,432
Manufacturing 101.3 0.17 747,642
Subtotal 384.4 3,518,4993,586,013
Developed Land 145.2 0.28 1,786,745
Total Non-Residential Property 529.6 5,305,2445,372,758
Other Land Use Designations Acres Agriculture 76.1 Conservation/Open Space/Parks 294.9 Government 292.5 Total Other Property 663.5
Total AASP Acreage2 1,255.1 1 The total potential square footage (and associated acreage) includes future development
on properties currently under pre-annexation agreements and properties outside of the
City’s jurisdiction with alternative fee programs. Since these properties may not be required
to pay their fair share of infrastructure costs, the difference will need to be funded by other
funding sources (e.g., grants, additional City contributions, etc.).
2 Excludes acreage associated with roads, setbacks, creeks, and other features.
ATTACHMENT 1
Packet Page 48
Planning Commission Resolution No. PC-XXXX-18
SPEC-0398-2017, GENP-1065-2017, & USE-1067-2017 (650 Tank Farm Rd.)
Exhibit A
Page A-3
4.2.6 Medium Density Residential (R-2)
The Medium-Density Residential designation is for the mobile home park that was
established before preparation of this specific plan, and the new housing in Avila Ranch.
Development of R-2 units in the Avila Ranch area will be primarily 4-pack, 6-pack and
cluster units that will create small lot detached single family units. Total R -2
development in the Avila Ranch area is projected to be approximately 300 to 310
dwelling units on 34 acres, with maximum potential development of 12 units per net acre
pursuant to SLO Zoning Code Chapter 17.26. The R-2 units may be in several different
configurations, and development shall comply with the design standards in the Avila
Ranch Development Plan. The R-2 portions of the project will be oriented to provide
small-lot housing with housing sizes and corresponding initial sales prices aimed at those
families with incomes equal to 120 percent to 160 percent of City Median Household
income. See Policy 4.2.12.
The mobile home park may be retained as a conforming use, however, further
development of the site is not permitted by the Airport Land Use Plan. On-site buildings
may be replaced with similar residential development and the property can be subdivided
to allow resident ownership as long as residential density is not increased.
ATTACHMENT 1
Packet Page 49
Attachment 3
Hidden Hills Mobilodge Mobile Home Park
650 Tank Farm Road
Conversion Impact Report
Insert photo
Prepared by RRM Design Group
For: Agera Grove Investments, LLC
March 2018
Packet Page 50
Attachment 3
Table of Contents
Page No.
1. Situation 1
2. Purpose of Conversion Impact Report 4
3. Proposed Project Description 5
4. Recent Property Purchase 7
5. Mobile Home Park Information 8
6. Relocation Benefits Provided 9
List of Figures:
Figure 1 - Location Map 2
Figure 2 – Existing Site 3
Figure 3 - Broad Street Corridor Zoning Map 6
Figure 4 - Park Purchase Timeline 7
List of Tables:
Table 1 – General Site Information 8
Table 2 – Mobile Homes Information 8
Table 3 – Settlement Summary 9
Attachments:
A. Legal Description
Packet Page 51
Attachment 3
Conversion Impact Report Page 1
1 Situation
The 12.75-acre project site is located at 650 Tank Farm Road on the north side of Tank Farm
Road, just west of Broad Street and is part of the Airport Area Specific Plan (see Figure A1). The
site currently has three different zoning categories applied to it. The northern 3.35 acres is
zoned Business Park (BP-SP) and the southern 6.85 acres is zoned Medium Density Residential
(R-2-SP). The 2.65-acre remainder of the 12.75-acre site is zoned Conservation Open Space
(C/OS-SP) and includes the site’s two creek corridors.
The R-2 portion of the site has been developed for several decades with a Mobile Home Park
known as Hidden Hills Mobilodge containing 35 coaches. The Business Park (BP) portion of the
site to the north has been used as a RV storage yard known as Lazy Acres RV Storage (see Figure
A2 showing existing site development).
The Applicant, Agera Grove Investments, LLC (hereinafter referred to as “The Applicant”)
acquired title to the property at 650 Tank Farm Road on September 19, 2016. Concurrent with
obtaining ownership of the site, the Applicant negotiated with owners of 13 of the 35 on-site
coaches to purchase them and to provide a variety of relocation benefits to those owners that
fit their preferences and goals. The other 22 coaches were owned by the park and acquired
through the property sale and negotiations with the prior owner. At the time of the Applicant’s
acquisition of the property, 14 of the 22 park-owned coaches were occupied by tenants on
month-to-month leases. The remaining 13 coaches were unoccupied and have remained
unoccupied.
The details on the prior ownership of the mobile homes in provided in Table 2 which is in
Section 5 of this report.
In March of 2017, the Applicant submitted applications for City entitlements to initiate requests
to amend the City’s General Plan Land Use Map and the Airport Area Specific Plan to
accommodate the development of a mixed-use project under the Service-Commercial (C-S)
zoning category. As part of the City’s completeness review for entitlements, the Applicant was
instructed to prepare a mobile home park conversion impact report to document efforts to
purchase coaches from previous mobile home owners and provide them with relocation
benefits.
Consistent with the requirements for the content of a conversion impact report contained in
Municipal Code Section 5.45.060, the subject report has been prepared for the City of San Luis
Obispo’s review and consideration. The report is intended to be part of a larger package of
research and project information for City decisionmakers to consider along with proposed
project entitlements.
Packet Page 52
Attachment 3
Conversion Impact Report Page 2
Packet Page 53
Attachment 3
Conversion Impact Report Page 3
Packet Page 54
Attachment 3
Conversion Impact Report Page 4
Packet Page 55
Attachment 3
Conversion Impact Report Page 5
2 Purpose of Conversion Impact Report
Mobile home parks are commonly viewed as a housing prototype that is more affordable. This
is especially the case with older mobile home parks where the housing stock may be several
decades old and not of the highest quality. The City of San Luis Obispo recognized that these
sites are often targeted for redevelopment and created regulations to help protect the rights of
residents consistent with directives included in State planning and subdivision laws.
City of San Luis Obispo Municipal Code Chapter 5.45 is entitled Mobile Home Park Conversion
and provides a process and review standards for sites that wish to discontinue the mobile home
park use and redevelop the site with other land uses. The purpose of the regulations is to
protect residents from being displaced from their relatively affordable housing situation
without assistance to alternative living arrangements. The City Council adopted Ordinance No.
1533 on July 7, 2009 to add Chapter 5.45 to the City’s Municipal Code. The ordinance includes
language that “the City desires that residents of Mobile Home Parks who are displaced by park
closures or conversions are provided relocation assistance sufficient to mitigate the negative
impacts that would result from the closure or conversion of a Mobile Home Park.”
With these directives in mind, the City requested the applicant to prepare a customized
Conversion Impact Report to document the process that had already occurred, rather than to
describe a future program.
Packet Page 56
Attachment 3
Conversion Impact Report Page 6
3 Proposed Project Description
The Applicant would like to rezone the developable portions of the 12.75-acre site from the
present Medium-Density Residential (R-2-SP) and Business Park (BP-SP) to Service-Commercial
(C-S-SP) and develop a mixed-use project. A General Plan Amendment would accompany the
Rezoning request so that the City’s Land Use Element and Zoning Maps are consistent with one
another. In addition, an Amendment to the Airport Area Specific Plan is required to amend the
zoning shown for the site and to modify the text to allow additional development potential for
the site to accommodate the planned project. These entitlements require an Initial Study of
Environmental Impact to be conducted and City Council adoption of a Mitigated Negative
Declaration.
The site is located on the north side of Tank Farm Road, just west of Broad Street. Figure 3
shows the project site in relationship to surrounding properties in the Broad Street Corridor; it
demonstrates how the proposed Service-Commercial (C-S) zoning category creates a consistent
land use pattern and accommodates the proposed mixed-use project.
Conceptual site and floor plans have been developed which show how the site could potentially
be developed with a mixed-use project that includes 17,500 square feet of commercial space
near Tank Farm Road and 249 residential units. Once decisions are made on the proposed
General Plan and Specific Plan Amendments and associated Rezoning request, the Applicant
would then refine their development proposal and submit plans for final design approval by the
Architectural Review Commission.
Housing Element Policy 3.2 discourages the removal of affordable housing unless it achieves
general plan objectives and provides for an equivalent number of replacement housing units, of
comparable or better affordability, and with better amenities to those being replaced.
Therefore, the proposed project will provide a sizeable affordable housing component of at
least 35 units that are deed-restricted to low or moderate-income households. The new units
will meet all current building code requirements including increased energy efficiency, and
there will be on-site amenities such as recreation features and businesses for residents that
greatly exceeds existing improvements.
Packet Page 57
Attachment 3
Conversion Impact Report Page 7
Packet Page 58
Attachment 3
Conversion Impact Report Page 8
4 Recent Property Purchase
The R-2 portion of the site has been developed since 1961 with a Mobile Home Park known as
Hidden Hills Mobilodge containing 35 coaches. The original development occurred when the
property was located under County jurisdiction many decades ago. With the annexation of the
airport area in recent years to the City and increased urbanization of the surrounding area, the
mobile home park is a remnant of a more rural, rather than urban development pattern.
Agera Grove Investments, LLC, acquired title to the property on September 19, 2016. Prior to
that, the prior owners were Hoffman Hidden Hills LLC, and Bloomquist Hidden Hills LLC, each
with an undivided one-half (1/2) interest, as tenants-in-common, and had owned the property
for the past five years. At the time that the Applicant obtained title to the property, purchase
agreements had been made for 100% of the on-site mobile homes.
The appraisal report 1 for the 13 mobile homes that were individually owned noted that the
selling price for the land purchase included park-owned units on site (17). The sale of the 13
privately owned mobile homes was through separate individual transactions. The Applicant also
purchased 5 mobile homes separately from the land owned by the seller Hoffman Trust.
Figure 4 – Park Purchase Timeline
1 Appraisal Report of 13 Mobile Homes in Pace at Hidden Hills Mobiliolodge by Schenberger, Taylor, McCormick
and Jecker, Inc. dated September 2016
a.January 24,
2016 -
b.Made offer
on property.
a.February 16,
2016 -
b.Entered
escrow.
Feb.- Sept.
2016 -
Negotiated
purchase of
privately
owned coaches
(13) and
Hoffman
coaches (5).
September 19,
2016 -
Closed on
property &
100% of mobile
homes
Packet Page 59
Attachment 3
Conversion Impact Report Page 9
5 Mobile Home Park Information
Table 1: General Site Information
Address 650 Tank Farm Road
Assessor’s Parcel Number 053-421-05
Parcel Size 12.75 acres
Owner Name Agera Grove Investments, LLC
Owner Address 9201 Camino Media, Suite 120
Bakersfield, CA. 93311
Total Number of Spaces 35
Table 2: Mobile Homes Information
Mobile Home
Type
Addresses Totals Rental Rates
Park-Owned 23A, 23B, 23C, 24B, 24C, 25C, 25D, 26C,
26D, 27, 29B, 30A, 30D, 32A, 32B, 32C, 33
17
$750-$950/month
Hoffman Trust 24D, 25B, 29A, 31A, 31C 5 $750-$950/month
Self-Owned &
Owner Occupied
24A, 28, 30B, 30C, 31B, 31D, 32D, 7 $217-$435/month
Self-Owned &
Tenant Occupied
23D, 25A, 26A, 26B, 29C, 29D 6 $217-$435/month
6
Packet Page 60
Attachment 3
Conversion Impact Report Page 10
Relocation Benefits Provided
As mentioned, Agera Grove, Investments, LLC separately negotiated with 13 individuals who
owned their own mobile homes within the park to purchase their coaches. The closing date for
all these purchases occurred on September 16, 2016. As shown in Table 3 below, the
negotiated prices for the mobile homes was a range of 163% to 299% of the appraised values.
This differential constitutes the relocation benefits provided for these owners.
This table also shows the age of the mobile homes, which are 36 to 54 years old, and toward
the end of their effective life cycles. This provides further justification for the development of
the proposed project, which will result in a greater number of modern housing units that
provide more efficient and comfortable living conditions for residents.
Table 3 – Settlement Summary
Unit
#
Age Purchase Price Appraisal Amount Paid in
Excess of
Appraisal
Purchase
Price as a %
of Appraisal
Value
23D 1978 $85,000 $52,000 $33,000 163%
24A 1980 $85,000 $34,000 $51,000 250%
25A 1964 $55,000 $29,000 $26,000 190%
26A 1978 $149,500 $50,000 $99,500 299%
26B 1979 $112,000 $68,000 $44,000 165%
28 1966 $85,000 $40,000 $45,000 213%
29C 1970 $75,000 $34,000 $41,000 221%
29D 1967 $75,750 $44,000 $31,750 172%
30B 1979 $149,500 $59,000 $90,500 253%
30C 1970 $85,000 $47,000 $38,000 181%
31B 1970 $95,900 $50,000 $45,900 192%
31D 1982 $154,500 $75,000 $79,500 206%
32D 1982 $149,500 $68,000 $81,500 220%
With the ownership change, a total of 19 coaches were occupied at closing, of which 14
coaches were tenant-occupied and 5 coaches were owner-occupied. The 14 tenants in park-
owned coaches were allowed to remain under month to month lease agreements. The
applicant will provide these tenants with the right of first refusal to occupy new affordable units
in the project once they are constructed.
Packet Page 61
Attachment 4
Consistency with Plans and Policies
This section summarizes relevant adopted goals and policies of the City’s General Plan, and
evaluates the proposed project’s consistency with guidelines and requirements established
therein. In this case, the adopted plans most relevant to the proposed project include the City’s
General Plan and the ALUC’s ALUP. Table A4-1 discusses preliminary determination of the
Project’s consistency with applicable policies from the General Plan and standards from the
ALUP. A detailed analysis of the consistency of the project with the ALUP is provided in
Attachment 5.
General Plan Consistency
Table A4-1 summarizes the proposed Project’s consistency with policies established under the
City’s General Plan and ALUP.
Table A4-1. General Plan Policy Consistency Summary
Goal/Policy/Program Project Consistency
City of San Luis Obispo General Plan Land Use Element1
Community Goal 21: Actively seek ways to
provide housing which is affordable to residents
with very low, low, and moderate incomes,
within existing neighborhoods and within
expansion areas.
Consistent. The project would provide a mix of
housing units, some of which may be deed-
restricted affordable units, and other market rate
units, such as the studios and one-bedroom
units, which would be designed to be affordable
by design.
Community Goal 34: Where appropriate,
create compact, mixed-use neighborhoods that
locate housing, jobs, recreation, and other daily
needs in close proximity to one another, while
protecting the quality of life in established
neighborhoods.
Consistent. The project is located within
walking distance of Mindbody Headquarters,
SESLOC, and other nearby employers, as well
as retail uses and other services of the Marigold
Shopping Center. In addition, the project is a
mixed-use development with commercial
components incorporated.
Policy 1.5 Job/Housing Relationship. The gap
between housing demand (due to more jobs and
college enrollment) and supply should not
increase.
Consistent. With the addition of residential
units, some of which are affordable units, the
project would reduce the gap between housing
demand and supply.
Policy 2.2.6 Neighborhood Characteristics
/Policy 2.3.9 Housing Diversity. The City shall
promote livability, quiet enjoyment, and safety
for all residents. Characteristics of quality
neighborhoods vary from neighborhood to
Consistent. The project incorporates a mix of
housing type styles, density, and affordability by
providing a variety of types of units including
studios, one-bedroom and two-bedroom units,
as well as any required deed-restricted
Packet Page 62
Attachment 4
Goal/Policy/Program Project Consistency
neighborhood, but often include one of more of
the following characteristics:
▪ A mix of housing type styles, density,
and affordability
▪ Design and circulation features that
create and maintain a pedestrian scale
▪ Nearby services and facilities including
schools, parks, retail (e.g., grocery store,
drug store), restaurants and cafes, and
community centers or other public
facilities
▪ A tree canopy and well-maintained
landscaping
▪ A sense of personal safety (e.g., low
crime rate, short police and emergency
response times)
▪ Convenient access to public
transportation
▪ Well-maintained housing and public
facilities
affordable units. The project would be within
walking distance of the Marigold Shopping
Center which has a bus stop and retail services,
and directly south of a City park (Damon-Garcia
Sports Fields). The on-site commercial
component would likely contain services, and
potentially job source opportunities for project
residents. Design plans provide details of site
improvements and outdoor spaces such as a
pool and clubhouse for residents.
Policy 2.2.7 Neighborhood Enhancement. The
City shall promote infill development,
redevelopment, rehabilitation, and adaptive
reuse efforts that contribute positively to
existing neighborhoods and surrounding areas.
Consistent. The project is an infill project
which proposes site redevelopment. The
proposed rental workforce housing would
respond to an identified need in the community.
Policy 2.3.6 Housing and Businesses. The City
shall encourage mixed-use projects, where
appropriate and compatible with existing and
planned development on the site and with
adjacent and nearby properties. The City shall
support the location of mixed-use projects and
community and neighborhood commercial
centers near major activity nodes and
transportation corridors / transit opportunities
where appropriate.
Consistent. The mixed-use project is an infill
development that provides housing near job
centers, and is in close proximity to the
Marigold Shopping Center which provides a
variety of retail choices and other services.
Development is appropriate for the site as most
residential units would be located where they
are beyond the main noise source of Tank Farm
Road.
Packet Page 63
Attachment 4
Goal/Policy/Program Project Consistency
Policy 2.3.7 Natural Features. The City shall
require residential developments to preserve and
incorporate as amenities natural site features,
such as land forms, views, creeks, wetlands,
wildlife habitats, wildlife corridors, and plants.
Consistent. The two creek corridors on the west
and east sides of the site provide a natural buffer
and separation from adjacent properties which
would enhance compatibility between land uses.
The project would incorporate native
landscaping, and would retain the two creek
corridors.
Policy 2.3.8 Parking. The City shall discourage
the development of large parking lots and
require parking lots be screened from street
views. In general, parking should not be located
between buildings and public streets.
Consistent. The conceptual site plan includes
two commercial buildings paralleling and
fronting the street, which would be the main
view of the project from Tank Farm Road. The
building placement screens parking at the
interior of the site, as well as helps attenuate
sound from the project’s principal noise source,
Tank Farm Road.
Policy 6.2.2 Resource Protection. The City
shall seek to protect resource areas deemed
worthy of permanent protection by fee
acquisition, easement, or other means.
Consistent. There are two tributaries of Acacia
Creek that flank the west and east sides of the
property, which are included in Conservation
Open Space zoning categories. New
development would be required to meet creek
setback requirements.
Policy 3.8.5 Mixed-Uses. The City encourages
compatible mixed uses in commercial districts.
Consistent. The development proposed for the
site is a mixed-use project which includes a
commercial component along the street corridor
and rental housing units in the interior. This
would be consistent with other developments in
the vicinity along the Broad Street corridor. The
requirement of a Planning Commission Use
Permit would ensure that tailored conditions are
included that land uses in the development area
are compatible.
Policy 10.1 Neighborhood Access. All
residences should be within close proximity to
food outlets including grocery stores, farmers’
markets, and community gardens.
Consistent. The project site is within walking
distance of a neighborhood shopping center at
Broad and Tank Farm that includes a bus stop,
grocery store and many other retails uses and
services. The site plan for the project provides
paths to further encourage pedestrian movement
through the site and to offsite linkages.
Policy 10.4 Encourage Walkability. The City
shall encourage projects which provide for and
enhance active and environmentally sustainable
modes of transportation, such as pedestrian
Packet Page 64
Attachment 4
Goal/Policy/Program Project Consistency
movement, bicycle access, and transit services.
City of San Luis Obispo Housing Element
Goal 2: Affordability. Accommodate
affordable housing production that helps meet
the City’s quantified objectives.
Policy 2.1. Income Levels for Affordable
Housing households.
Consistent. The project would provide a mix of
workforce housing units, some of which would
be deed-restricted affordable units, and other
market rate units, such as the studios and one-
bedroom units, which are affordable by design.
Goal 3: Housing Conservation. Conserve
existing housing and prevent the loss of safe
housing and the displacement of current
occupants.
Policy 3.7. Encourage and support creative
strategies for the rehabilitation and adaptation
and reuse of residential, commercial, and
industrial structures for housing.
Consistent. The project site is currently the only
residentially zoned site in the Airport Area
Specific Plan Area. The applicant’s proposal to
rezone the property to Service-Commercial and
develop a mixed-use project would expand the
supply of housing in the area.
Goal 4: Mixed-Income Housing. Preserve and
accommodate existing and new mixed-income
neighborhoods and seek to prevent
neighborhoods or housing types that are
segregated by economic status.
Policy 4.1. Within newly developed
neighborhoods, housing that is affordable to
various economic strata should be intermixed
rather than segregated into separate enclaves.
The mix should be comparable to the relative
percentages of extremely low, very-low, low,
moderate and above-moderate income
households in the City’s quantified objectives.
Policy 4.2. Include both market-rate and
affordable units in apartment and residential
condominium projects and intermix the types of
units. Affordable units should be comparable in
size, appearance and basic quality to market-rate
units.
Policy 4.4. In its discretionary actions, housing
programs and activities, the City shall
Consistent. The proposed units provided by the
project would be a variety of floor plans and
square footages. The project is planned to meet
the City’s Inclusionary Housing requirements.
All required affordable units would not be
segregated in a particular building, but
integrated throughout the site.
Packet Page 65
Attachment 4
Goal/Policy/Program Project Consistency
affirmatively further fair housing and promote
equal housing opportunities for persons of all
economic segments of the community.
Goal 5: Housing Variety and Tenure. Provide
variety in the location, type, size, tenure, and
style of dwellings.
Policy 5.4. In general, housing developments of
twenty (20) or more units should provide a
variety of dwelling types, sizes or forms of
tenure.
Consistent. The proposed units in the project
would provide a variety of floor plans and
square footages.
Program 6.17. Encourage residential
development through infill development and
densification within City Limits and in
designated expansion areas over new annexation
of land.
Consistent. The applicant’s proposal to rezone
the property to Service-Commercial with a
mixed-use project would expand the supply of
housing in the area. This would create a
residential infill project near jobs and services
helping to improve the City’s jobs-housing
balance.
Goal 8: Special Needs Housing. Encourage the
creation and maintenance of housing for those
with special housing needs.
Policy 8.2: Preserve manufactured housing or
mobile home parks and support changes in these
forms of tenure only if such changes provide
residents with greater long-term security or
comparable housing in terms of quality, cost,
and livability.
Consistent. The project is proposing to remove
the existing mobile home park and construct
permanent residential structures that will
provide long-term, comparable housing with a
range of affordability and amenities
Goal 10 Local Preference. Maximize
affordable housing opportunities for those who
live or work in San Luis Obispo while seeking
to balance job growth and housing supply.
Consistent. By adding residential units, some of
which are required to be affordable units, the
project would help reduce the gap between
housing demand and supply.
San Luis Obispo County Regional Airport – Airport Land Use Plan2
Policy G-2: Notwithstanding any other
provision of this ALUP, a proposed project or
local action will be determined inconsistent with
the ALUP if the proposal would, in the
considered opinion of the ALUC, present
specific incompatibilities to the continued
Consistent. As discussed in Section 8, Hazards
and Hazardous Materials, the project would not
propose any incompatible uses with respect to
safety, overflight, or obstacle clearance. As
discussed in Section 12, Noise, the project
would not generate incompatible noise with
Packet Page 66
Attachment 4
Goal/Policy/Program Project Consistency
economic vitality and efficient operation of the
Airport with respect to safety, noise, overflight
or obstacle clearance.
respect to aviation.
Policy N-4: Would permit or fail to sufficiently
prohibit, in any location which is within or
adjacent to an area of demonstrated noise
incompatibility or in an acoustic environment
substantially similar to an area of demonstrated
noise incompatibility.
Consistent. As discussed in Section 12, Noise,
the project would not be subject to incompatible
noise generated by the airport and/or aircraft
operation. As discussed, the project would not
be subject to ambient noise levels exceeding
allowable City thresholds.
Policy S-2: Would permit or fail to adequately
prohibit any future residential or nonresidential
development or redevelopment which would
create, within the site to be developed or
redeveloped, a density greater than specific in
Table 7 or any mixed-use development or
redevelopment which would create, within the
site to be developed or redeveloped, densities
greater than illustrated in Figure 5 through 8.
Consistent. As discussed in Section 8, Hazards
and Hazards Materials, in the 2014 Johnson
Aviation Report, there are no prohibited land
uses in CALUPH Airport Safety Zone 6, and
residential uses are normally allowed. CALUPH
Airport Safety Zone 6 has no limit for non-
residential development intensity. The project
would be consistent with applicable building
densities and land uses.
Policy A-1: Lacks sufficient provisions to
ensure that no structure, landscaping, apparatus,
or other feature, whether temporary or
permanent in nature shall constitute an
obstruction to air navigation, as defined above.
Consistent. The buildings on-site would be
three stories tall. No other features, landscaping,
or structures are proposed that would obstruct
air navigation.
1 City of San Luis Obispo – Land Use and Circulation Element (2014d)
2 County of San Luis Obispo Regional Airport – Airport Land Use Plan (2005)
Packet Page 67
650 Tank Farm Road
ALUC November 16, 2018
FINDINGS OF CONSISTENCY
650 Tank Farm Road
CONSISTENCY WITH STRICT APPLICATION OF ALUP POLICIES
For the reasons described in the Staff Report and subject to the Conditions of Consistency set forth
below, the Amendments are consistent with the Specific Policies for Airspace Protection and
Overflight.
CONSISTENCY WITH THE ALUP UNDER ALUP SECTION 2.7
Applicability of ALUP Section 2.7
a) The Amendments represent “unique circumstances” as described in Section 2.7 of the ALUP
because the Project includes unique characteristics as described under the heading
“Justification for Deviation from Strict Application of Specific Policies for Noise and Safety under
Authority of Section 2.7 of the ALUP” below and because:
1. The Project site has been occupied with residential uses for over fifty years, and, at the
time of adoption of the AASP, was the only site zoned residential.
2. The Project site functions like an “infill” site (as more generally defined) in that it is located
across the street from an existing urban development and is adjacent to a proposed retail
and senior living project.
3. The Project site is within close proximity to the ACOS areas of both the Margarita Area
Specific Plan and AASP with reserve areas which provide possible areas of refuge for
aircraft to mitigate aviation risks.
4. The Project will have multiple locations for access with the main point of entry at the existing
traffic signal across from Mind-Body, an existing Tank Farm driveway to the east with right-
in, right out access, and an existing access easement across from Acacia Creek to the
Digital West Property. From these access points, customers and residents can connect to
signalized intersections at Mind Body and Tank Farm, Industrial and Broad Street, and in
the future, at the entry of the Marigold Shopping Center and Broad Street.
b) The Amendments represent a “small-scale individual project” as described in Section 2.7 of the
ALUP because:
1. The total acreage proposed for use within the S-1c Safety Area in a manner inconsistent
with the strict application of the ALUP is 10.1 acres, and thus the area of inconsistency is
of limited scope or extent.
2. The Amendments apply only to the property proposed to be occupied by the Project.
3. Based on representations by the Applicant and as conditioned in the attached Conditions
of Consistency, no development other than the exact Project referred to and considered by
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the Commission, i.e. the Project, may be established within the referral area without
subsequent prior referral to the ALUC.
Justification for Deviation from Strict Application of Specific Policies for Noise and Safety under
Authority of Section 2.7
c) Safety. Notwithstanding that the Amendments would permit residential development within the
S-1c Safety Area that exceeds the maximum residential density allowed by the current AASP
and the ALUP, as set forth in Table 7, in contravention of the strict application of Safety Policy
S-2, the Amendments are consistent with the objectives of the safety policies of the ALUP as
described in Section 4.4.1 of the ALUP, because they are consistent with the underlying policy
of “limiting the number of persons on the ground who are exposed to aviation safety hazards
by restricting the allowable density in [areas of aviation safety risk]” (the objective that Policy S-
2 is intended to address) as more specifically set forth below:
1. The residential units are located where flight paths from the Airport do not generally cross
based on ALUP Figure 10 (Aircraft Flight Paths), as well as confirmation from flight
maneuvers from members of the ALUC, which render the site outside the published higher
crash potential from aircraft departing from or arriving at the Airport.
2. The Project site is bordered on the west and east by riparian corridors with Conservation-
Open Space Zoning that will remain as open undeveloped land in perpetuity, which
operates to reduce the population density levels by achieving a higher overall gross site
area for the Project.
3. The Project will have a total population density of 608 persons which is below the allowed
density for a non-residential use of 1,200 persons. In addition, it can be expected that a
significant number of residents will be away from the Project site at times when air traffic
levels at the Airport are highest.
4. The Project site is located approximately 2,000 feet perpendicular to the centerline of the
runway, which is consistent with the applicability of Caltrans Handbook Zone 6, and the
residential density of 19 units per acre is consistent with the allowed density of ALUP S-2
safety zone of Caltrans Handbook Zone 6, which has similar characteristics to the Project
site given its location outside of prevailing flight paths.
d) Noise. Notwithstanding that the Amendments would permit residential land uses within the 55
dB CNEL contour as identified in the ALUP in contravention of the strict application of Noise
Policy N-2, the Amendments are consistent with the objectives of the noise policies of the ALUP
as described in Section 4.3.1 (i.e. “to minimize the number of people exposed to infrequent
and/or high levels of airport noise or to frequent and/or high cumulative noise levels of which
airport noise is one component”) because:
1. All residential land uses are located outside of the projected 55 dB CNEL contour as
identified in the updated noise contours prepared by RS&H at the direction of the ALUC in
2015 that reflect more current information regarding Airport operations.
2. The Applicant commissioned a noise study performed by 45dB.com (consultant) which
concluded that sound levels impacting the Project site are primarily a result of transportation
noise along Tank Farm Road, and that ordinary building construction assemblies will ensure
interior sound levels in habitable spaces are below CNEL 45 dBa.
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Consistencies based on Strict Application of the ALUP Policies
e) Safety. Except as set forth in Finding (c), the Amendments are consistent with strict application
of the Specific Land Use Policies for Safety within the ALUP. Specifically, with respect to Safety
Area S-1-c, the allowable non-residential density (58 people versus 318 maximum) is under the
maximum non-residential set forth in the existing AASP, which supersedes the maximum non-
residential density allowed in the ALUP.
f) Noise. Except as set forth in Finding (d), the Amendments are consistent with strict application
of the Specific Land Use Policies for Noise within the ALUP. Specifically, the Applicant has
agreed to and the ALUC’s determination has been conditioned on satisfaction of all of the noise
mitigation measures included in the referral which satisfy the requirements set forth in Section
4.3.3 of the ALUP.
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ALUC CONDITIONS
650 Tank Farm Road
1. The City shall prepare conditions of approval to ensure that all applicable ALUP policies and
aviation related development restrictions are enforced (Conditions of Approval), including but
not limited to, those in Section 2.7 of the ALUP that require that no development other than the
Project as specifically described to the ALUC in the written materials attached to the Referral
Letter from the City dated September 28, 2018, in the written materials subsequently provided
by the Applicant to the ALUC and included in the agenda packets for the ALUC’s October 17,
2018 and November 16, 2018 meetings and in the oral testimony by the Applicant during said
meetings, may be established without subsequent prior referral to the ALUC.
2. The Amendments shall apply only to the property currently proposed to be occupied by the
Project, i.e. to the Project site.
3. The Amendments and Conditions of Approval shall limit the residential density of the Project
site within the S-1c Safety Area to 249 units.
4. The maximum height limit of structures on the site shall be consistent with City height
requirements and shall not exceed 35 feet.
5. The Project shall meet all of the noise mitigation measures set forth in Section 4.3.3 of the
ALUP.
6. No structure, landscaping, apparatus, or other feature, whether temporary or permanent in
nature shall constitute an obstruction to air navigation or a hazard to air navigation, as defined
by the ALUP.
7. Any use is prohibited that may entail characteristics which would potentially interfere with the
takeoff, landing, or maneuvering of aircraft at the Airport, including:
·creation of electrical interference with navigation signals or radio communication
between the aircraft and Airport;
·lighting which is difficult to distinguish from Airport lighting;
·glare in the eyes of pilots using the Airport;
·uses which attract birds and create bird strike hazards;
·uses which produce visually significant quantities of smoke; and
·uses which entail a risk of physical injury to operators or passengers of aircraft (e.g., exterior
laser light demonstrations or shows).
8. Avigation easements shall be recorded for each property developed within the Project site prior
to the issuance of any building permit or conditional use permit.
9. 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.
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Aviation Safety Areas Project Site Attachment 5
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Airport Noise Contours
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Airport Imaginary Surfaces
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Aircraft Flight Paths
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