HomeMy WebLinkAboutR-10980 approving General Plan amendment, Airport Area Specific Plan Amendment, associated Mobile Home Park conversion, Mitigated NegDec of EnvRev 650 Tank Farm RdR 10980
RESOLUTION NO. 10980 (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE GENERAL PLAN
AMENDMENT, AIRPORT AREA SPECIFIC PLAN AMENDMENT, AND
ASSOCIATED MOBILE HOME PARK CONVERSION TO ALLOW FOR
A MIXED-USE PROJECT INCLUDING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL REVIEW AS REPRESENTED
IN THE CITY COUNCIL AGENDA REPORT AND ATTACHMENTS
DATED FEBRUARY 5, 2019 (650 TANK FARM ROAD; EID-1066-2017,
SPEC-0398-2017, AND GENP-1065-2017)
WHEREAS, the Planning Commission conducted a public hearing in the Council
Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on December 12,
2018, and recommended that the City Council 1) adopt the Initial Study-Mitigated Negative
Declaration; 2) approve the General Plan Amendment, Airport Area Specific Plan Amendments,
and Rezone based on the findings that the project is consistent with the General Plan and Airport
Area Specific Plan, as amended; and 3) approve the associated Mobile Home Park Conversion
Impact Report; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on February 5, 2019 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, for the purpose of considering a General Plan Amendment (GENP-1065-2017),
Specific Plan Amendment and Rezone (SPEC-0398-2017) and a Mobile Home Park Conversion
Impact Report for the property located at 650 Tank Farm Road to facilitate a mixed use project;
and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED , by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council does hereby approve the proposed project
(GENP-1065-2017 and SPEC-0398-2017) that includes a General Plan Amendment, Specific Plan
Amendment, and a Mobile Home Park Conversion based on the following findings:
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General Plan Amendment and Airport Area Specific Plan Amendment 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, 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 General Plan Amendment and AASP Amendments allow the implementation of
the 650 Tank Farm Road Mixed-Use Project by:
Updating the City’s General Plan land use maps and the AASP to reflect the
development anticipated in the 650 Tank Farm Road Mixed-Use Project
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, on November 16,
2018, found the proposed project to be consistent with the Airport Land Use Plan.
5. The proposed General Plan Amendment and AASP Amendments 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.
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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 AASP because:
i. The Service Commercial with the Specific Plan overlay (C-S-SP) zone allows
mixed-use projects with a conditional use permit;
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.
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 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.
SECTION 2. Environmental Review. Based upon all evidence, the City Council hereby
adopts the Final Initial Study-Mitigated Negative Declaration (IS-MND), and adopts the following
CEQA Findings in support of all entitlements related to the 650 Tank Farm Road Mixed-Use
project:
1. The 650 Tank Farm Mixed-Use Project Final Initial Study-Mitigated Negative
Declaration (IS-MND) was prepared in accordance with the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines, adequately addressing impacts
associated with the proposed project; and
2. All potentially significant effects were analyzed adequately in the referenced IS-MND,
subject to the following mitigation measures being incorporated into the project and
the mitigation monitoring program:
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MITIGATION MEASURES
Air Quality Mitigation
Mitigation Measure AQ-1(a). The applicant shall define and incorporate into project design
the following emissions reduction measures to ensure daily ozone precursor emissions would not
exceed the SLOAPCD 25 lbs/day threshold:
Use low-VOC architectural coatings for both interior and exterior surfaces on all buildings.
Use water-based or low-VOC cleaning products.
Provide and require the use of battery powered or electric landscape maintenance
equipment for new development.
In addition, to comply with SLOAPCD guidelines for operational emissions mitigation, the
applicant shall define and incorporate into project design at least four of the following standard
emission reduction measures from the SLOAPCD CEQA Air Quality Handbook (Table 3-5):
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.
Implement on-site circulation design elements in parking lots to reduce vehicle queuing
and improve the pedestrian environment.
Provide employee lockers and showers to promote bicycle and pedestrian use. One shower
and 5 lockers for every 25 employees is recommended.
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 neighborhood electric vehicles/car-share program for the development.
Provide dedicated parking for carpools, vanpools, and/or high-efficiency vehicles to meet
or exceed Cal Green Tier 2.
Provide vanpool, shuttle, mini bus service (alternative fueled preferred).
Provide child care facility on site.
Implement programs to reduce employee vehicle miles traveled (e.g. incentives, SLO
Regional Rideshare trip reduction program, vanpools, onsite employee housing, alternative
schedules (e.g. 9–80s, 4–10s, telecommuting, satellite work sites etc.).
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Provide a lunchtime shuttle to reduce single occupant vehicle trips and/or coordinate
regular food truck visits.
Provide free-access telework terminals and/or wi-fi access in multi-family projects.
Meet or exceed Cal Green Tier 2 standards for providing EV charging infrastructure.
Install 1 or more level 2 or better EV charging stations.
Meet or exceed Cal Green Tier 2 standards for building energy efficiency.
Design roof trusses to handle dead weight loads of standard solar-heated water and
photovoltaic panels.
Mitigation Measure AQ-1(b). 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;
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-1(c). 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;
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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.
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.
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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 approved Plan shall be implemented by
the applicant with the City verifying that the success criteria have been met. 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;
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.
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All refueling, maintenance, and staging of equipment and vehicles shall occur at least 50
feet from defined edges of riparian and wetland vegetation, and 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 sensitive
resources, and review of the limits of construction and avoidance measures required to 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.
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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 them
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.
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 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 during the pre-construction survey or during construction, 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 from the nest tree for non-
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raptor bird species and at least 300 feet from the nest tree 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.
To account for most nesting birds, removal of vegetation within suitable nesting bird
habitats should be scheduled to occur in the fall and winter (between September 16 and
January 31), and after the young have fledged.
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.
The Worker Environmental Awareness Program (Mitigation Measure BIO-2[b]) shall
provide good housekeeping practices of equipment and materials that discourage nests
being established within the construction area.
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.
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.
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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. Furthermore, non-native invasive plants in temporarily-disturbed areas within riparian
and wetland habitats and within City’s 35-foot creek setback from Orcutt Creek and Acacia Creek
shall be removed, and such areas shall be revegetated using native plants. Any restoration efforts
shall include an invasive plant removal element.
A Mitigation and Monitoring Plan is required to outline the approach that will be taken for
restoration and habitat creation or enhancement. Once approved, the applicant will be responsible
for Plan implementation, and the City will verify success of the Plan. 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.
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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). 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) shall 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.
Mitigation Measure CR-2(c). If cultural resources are encountered during ground-disturbing
activities, an extended phase I (XPI) testing program, utilizing standard shovel test pits and/or hand
auguring at arbitrary levels, shall be conducted in the vicinity of the encounter. If the XPI program
identifies subsurface deposits, 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, and shall be
submitted for review and approval by the City. The qualified archaeologist shall monitor
compliance with testing and evaluation program requirements during implementation of the testing
and evaluation programs.
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 that are greater than six feet in depth, a qualified professional paleontologist shall be
retained to conduct paleontological monitoring during project ground disturbing activities. The
Qualified Paleontologist (Principal 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.
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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 laboratory 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 the 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.
Resolution No. 10980 (2019 Series) Page 14
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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
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 evaluation 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.
Resolution No. 10980 (2019 Series) Page 15
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Noise Mitigation
Mitigation Measure N-1. Within 150 feet, the project site developer shall implement the
following measures, or similar combination of measures, which demonstrate that interior
residential noise levels in residences exposed to Tank Farm Road would be reduced to the City’s
45 dBA CNEL interior noise standard. Furthermore, as shown conceptually, final building design
and location of buildings shall collectively provide an effective attenuation shield from Tank Farm
road noise for active outdoor areas within the development with the intent to achieve 60 dBA
CNEL or less at a distance of 250 feet from the centerline of Tank Farm Road. Interior noise
reduction shall be achieved through a combination of standard interior noise reduction techniques,
which may include (but are not limited to):
In order for windows and doors to remain closed, mechanical ventilation such as air
conditioning shall be provided for all units exposed to 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.
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 exposed to 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.
Resolution No. 10980 (2019 Series) Page 16
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Mitigation Measure N-2(a). For all construction activity at the project site that exceeds 60 dBA
at the property line with the existing residence to the southeast, the following 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.
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).
As needed, 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.
Resolution No. 10980 (2019 Series) Page 17
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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.
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.
Resolution No. 10980 (2019 Series) Page 18
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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.
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.
Resolution No. 10980 (2019 Series) Page 19
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SECTION 3 . Action. The City Council hereby approves the proposed project (GENP-
1065-2017 and SPEC-0398-2017) that includes a General Plan Amendment, AASP Amendment
and a Mobile Home Park Conversion 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 c onfirming 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.
3. The Conversion Impact Report shall be amended to include detailed information about
the relocation assistance and/or accommodation provided for the existing renters that
were renting coaches prior to the purchase of the site by the applicant.
4. The 13 remaining tenants of the Hidden Hills Mobilodge Mobile 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.
5. The applicant shall provide relocation assistance to the thirteen resident tenants who
are currently renting mobile homes on the project site, as and to the extent specified in
Chapter 5.45, Section 5.45.080.B.4. of the San Luis Obispo Municipal Code, which
provides as follows: “The expense of assuming tenancy in comparable housing.
Assistance with these expenses shall be available to resident tenants. The amount of
such payment shall be based upon consideration of: (a) moving costs; (b) first month’s
rent, last month’s rent, and security deposit at the replacement housing; and (c) for
lower, very low, and extremely low income residents, the differential between the rental
rate at the mobile home park being converted and the replacement housing during the
first year of relocation.” For the original four resident tenants, such relocation
assistance shall be provided to each tenant until the project is complete or units are
available within the project, whichever is later, but not to exceed three years from the
date of termination of tenancy for each of the four tenants. The Community
Development Director shall determine whether the housing accommodation is
“comparable housing” considering such factors as availability, number of bedrooms
and bathrooms, condition, location and amenities.
Resolution No. 10980 (2019 Series) Page 22
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Exhibit A
650 Tank Farm Road General Plan Amendment Map