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HomeMy WebLinkAboutPC-1017-2018 (EID-1066-2017, SPEC-0398-2017 and GENP-1065-2017 -- 650 TANK FARM ROAD)RESOLUTION NO. PC-1017-2018 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, AND A MOBILE HOME PARK CONVERSION 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- 0398-20179 & GENP-1065-2017) 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 Mobile Home Park Conversion Impact Report for the property located at 650 Tank Farm Road to facilitate a mixed use project; and WHEREAS, 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) that includes a General Plan Amendment, Specific Plan Amendment and Rezone, and a Mobile Home Park Conversion based on the following findings: General Plan Amendment AiEport Area Specific Plan Amendment and Rezone Findings: 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 Planning Commission Resolution No. PC-1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 2 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, AASP Amendment and Rezone allow for the implementation of a Mixed -Use Project at 650 Tank Farm 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. 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. On November 16, 2018, 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 and rezone, 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. 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 Planning Commission Resolution No. PC-1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 3 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. 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: Air Quality Miti ation Mitigation Measure AQ-1. 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. • 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. Planning Commission Resolution No. PC-1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 4 Mitigation Measure AQ-2. The applicant shall implement the following dust control measures so as to reduce PM,o 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-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; Planning Commission Resolution No. PC-1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 5 ■ 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 BI0-1(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 BI0-1(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 BI0-1(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: Planning Commission Resolution No. PC-1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 6 • 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 BI0-2(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 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 Planning Commission Resolution No. PC- 1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 7 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 BI0-2(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 BI0-2(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. Planning Commission Resolution No. PC-1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 8 Mitigation Measure BI0-2(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 BI0-2(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 BI0-2(f). The following actions shall be undertaken to avoid and minimize potential impacts to nesting birds: • Prior to removal of any trees, a qualified biologist shall conduct a survey for nesting birds. Should nests be identified, no tree removal shall occur until the young have fledged from the nest or the nest is no longer considered active, as determined by the biologist. • Within two weeks prior to the start of construction or vegetation removal, 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. 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. • 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 1 and February 14), 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 Planning Commission Resolution No. PC-1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 9 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 BI0-2(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. ➢ BI0-1(a) to BI0-2(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 BI0-3. 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 Planning Commission Resolution No. PC-1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 10 applicable permits. Furthermore, non-native invasive plants (including eucalyptus trees) within the riparian and wetland habitats and within 35 feet of the edge of these habitats shall be removed. 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. ➢ BI0-3 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. 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, 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. Planning Commission Resolution No. PC-1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page I 1 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 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. 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 Planning Commission Resolution No. PC-1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 12 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. Geolosv 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; Planning Commission Resolution No. PC-1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 13 • 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. Hydrolopay and Water Quality_Mideation 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. Within 250 feet of the Tank Farm Road centerline, for any structure that includes residential uses, 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. Final building design and building locations shall collectively provide and effective attenuation shield from Tank Farm Road noise for active outdoor areas within the development with the intent to achieve 60 dBA or less. 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, 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 1/2 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 Planning Commission Resolution No. PC-1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 14 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. Mitigation Measure N-2(a). For all construction activity at the project site that exceeds 85 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 70 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 Planning Commission Resolution No. PC-1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 15 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. ➢ 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. Planning Commission Resolution No. PC- 1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 16 • 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 Al, A2, A3, A4, B.2 or B.3 in an amount equal to offset the project's wastewater flow increase. This may be satisfied by one of the following: • Sufficient reductions in wastewater flow within sub -basins Al, A2, A3, A4, B.2 or B.3, commensurate with the additional wastewater flow contributed by the project, to be achieved by the verified replacement of compromised private sewer laterals, or public sewer mains, either by the developer, 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: Planning Commission Resolution No. PC- 1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 17 ■ 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) that includes a General Plan Amendment, Specific Plan Amendment and Rezone, 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 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. 3. The Conversion Impact Report shall 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 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. General Plan Amendment Specific Plan Amendment and Rezone 5. The General Plan and the Airport Specific Plan shall be amended as shown is Exhibit A. 6. The text of the Airport Area Specific Plan shall be amended to include language that this specific property shall include a mixed -use project that includes a predominant residential component. Planning Commission Resolution No. PC-1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Page 18 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 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 Vice Chair Stevenson, seconded by Commissioner McKenzie and on the following roll call vote: AYES: Vice Chair Stevenson, Commissioners McKenzie, Jorgensen, Dandekar, Quincy, Wulkan, and Chair Fowler NOES: ABSENT: The foregoing resolution was passed and adopted this 121h day of December 2018. 4�3u&uwat- Xzan(&-rowler, Secretary Planning Commission Planning Commission Resolution No. PC- 1017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Exhibit A Page A-1 Exhibit A 650 Tank Farm Road Rezoning Map 650 TANK FARM GENERAL PLAN AMENDMENT MAP APN 053-421-005 O AO -) 76 U Ruilrraa,l Park i 1 S�rvEocs a r y + Mamftchorfn0 y t i i S�M Medium i7ensily � RaPfl i RapO R"denll al F pv?+ 4 aatr (MDR) 1PN'1' X i S�SsV. EXISTING PROPOSED BUSINESS PARK = 3.25 acres SERVICES AND MANUFACTURING = 10.10 acres MEDIUM DENSITY RESIDENTIAL = 6.85 OPEN SPACE = 2.65 OPEN SPACE = 2.65 12.75 total ac 12.75 total ac N MEDIUM DENSITY RESIDENTIAL . -i COMMUNITY COMMERCIAL Tao xa dW cao aco PUBLIC SERVICES & MANUFACTURING OPEN SPACE BUSINESS PARK Planning Commission Resolution No. PC-1017-2018 SPEC-0398-2017 & GENP-1065-2017 (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 Estimated Acre Dwellina Units Undeveloped Land Low Density 12.8 7.9 101 Medium Density 27.320.5 10.9 29W223 Medium-High/High Density 15.2 212 322 Subtotal 55.3 720 Developed Land (Existing Mobile Homes 6.7 4.8 32 Total Residential Property 62A,55.2 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 In 8126.6 0.20 1,110;4831 002.939 Service Commercial a449155.0 0.24 1 154513741620432 Manufacturing 101.3 0.17 747,642 Subtotal 384A 3—.548 4993.586.013 Developed Land 145.2 0,28 1.786,745 Total Non -Residential Property 529.6 �34"24-45.372,758 Other Land Use Designations Acres Agriculture 76.1 Conservation/Open Space/Parks 294.9 Government 292.5 Total Other Property 663.5 Total AASP Acreage' 1,255.1 The total potential square footage (and associated acreage) includes future development an_Rroperties_currently under ore -annexation agreements and properties outside of the Citv's jurisdiction with alternative fee orograms. Since these properties may not be reguired to pay their fair share of infrastructure costs, the difference_ will need to be funded by other funding sources fe.g.. grants. additional City_contObutiuns, etc.). 2 Excludes acreage associated with roads, setbacks, creeks, and other features Planning Commission Resolution No. PC71017-2018 SPEC-0398-2017 & GENP-1065-2017 (650 Tank Farm Rd.) Exhibit A Page A-3 4.2.2 Service Commercial Areas designated Service Commercial are generally for storage, transportation, and wholesaling type uses, as well as certain retail sales and business services that may be less appropriate in other commercial designations. Refer to Table 4.3 for specific uses permitted on land designated Service Commercial. The redevelopment of the site of the Hidden Hills Mobilod e Mobile Home Park and recreational vehicle storage at 650 Tank Farm Road shall be limited to a commercial and residential mixed -use_ development with a predominantly residential component. 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.