HomeMy WebLinkAbout07-16-2019 Item 14 - 3985 Broad and 660 Tank Farm
Department Name: Community Development
Cost Center: 4003
For Agenda of: July 16, 2019
Placement: Public Hearing
Estimated Time: 60 minutes
FROM: Michael Codron, Community Development Director
Prepared By: Brian Leveille, Senior Planner
SUBJECT: PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE AIRPORT
AREA SPECIFIC PLAN AMENDING THE LAND USE DESIGNATION
FROM BUSINESS PARK (BP-SP) TO COMMUNITY COMMERCIAL WITH
SPECIAL FOCUS OVERLAY (C-C-SF-SP); GENERAL PLAN AMENDMENT
AND REZONE; VESTING TENTATIVE MAP (TRACT 3115) TO CREATE
SEVEN (7) LOTS; REVIEW OF A COMMERCIAL CENTER WITH 49,000
SQUARE FEET, AND ASSISTED LIVING FACILITY WITH 139 UNITS;
CREEK SETBACK EXCEPTION, AND CONSIDERATION OF A CEQA
MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL
DETERMINATION.
RECOMMENDATION
As recommended by the Planning Commission, take the following actions to approve the
proposed project:
1. Introduce an Ordinance (Attachment A) changing the Zoning and Specific Plan designation
of 660 Tank Farm Road from Business Park (BP-SP) to Community-Commercial with the
Specific Plan and Special Focus overlay (C-C-SP-SF) to be consistent with the General Plan
as amended, and changing the Specific Plan designation for the property at 3985 Broad Street
to Community-Commercial with Specific Plan and Special Focus Overlay to be consistent
with the existing General Plan and Zoning.
2. Adopt a Resolution (Attachment B) adopting the final Initial Study-Mitigated Negative
Declaration (IS-MND) and approving the General Plan Amendment, Vesting Tentative Tract
Map, creek setback exception, and architectural design review.
DISCUSSION
Background
This item was originally heard by the City Council on May 7, 2019. Following the staff
presentation and public comment on the item, the City Council continued consideration of the
recommendation to a date uncertain. The reason for the continuation was two-fold. First,
information had been submitted just prior to the hearing relating to the Noise and Air Quality
sections of the Initial Study that suggested additional analysis was necessary. Second, the City
Council had questions about the energy requirements for the project since the City is in the
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process of developing a “Reach Code” as a companion to the 2019 California Energy Code,
which goes into effect on January 1, 2020. Each of these issues have now been addressed and
staff is recommending that the Council rehear the item and consider the Planning Commission’s
recommendations.
Original Agenda Report and New Public Hearing
The May 7, 2019 staff report for this item is found at Attachment C. Additionally, the Agenda
Correspondence received for the original hearing of this item is available at the following link:
http://opengov.slocity.org/weblink/Browse.aspx?startid=52773&row=1&dbid=1
This Agenda report is focused solely on the issues that were designated for further review. Staff
will be prepared to address any questions on the project at the hearing scheduled for July 16,
2019. The public hearing will be a new hearing with a staff presentation, applicant presentation
and public comment.
Environmental Review
The project is subject to the California Environmental Quality Act and an Initial Study of
Environmental Impact was prepared resulting in a Mitigated Negative Declaration. At the May 7,
2019 hearing, staff recommended continuation of the item to have adequate time to assess public
comment on the Initial Study-Mitigated Negative Declaration (IS-MND) prepared for the
project.
Staff contracted with Rincon Associates for a review of the Air Quality and Noise sections of the
Initial Study. Their response and recommendations were incorporated into an updated IS-
MND. In addition, staff asked John Rickenbach of JFR Consulting to perform a peer review of
the entire IS-MND and to suggest any updates or additional information to include to ensure the
completeness and adequacy of the environmental review.
The IS-MND has now been updated to include additional discussion regarding consistency with
land use plans and policies, and additional noise analysis. Comments previously received from
APCD were added as conditions of approval. Two additional mitigation measures have been
included (N-2 & N-3) relating to potential short-term noise construction impacts. The IS-MND
was recirculated for public review on June 7, 2019 (Reading File, Attachment D), and the public
comment period closed on July 8, 2019.
In the lead up to the Council Meeting for this item, staff will evaluate any comments received
and provide Council with update via memorandum prior to the meeting and during the staff
presentation on the item. The attached resolution and ordinance (Attachments A & B) have been
updated to include the additional mitigation measures contained in the recirculated IS-MND and
conditions of approval discussed at the May 7, 2019 meeting.
Energy Reach Code Compliance
The City is currently in the process of preparing a Reach Code in support of building
electrification in the City. Reach Codes are a method that jurisdictions can use to require energy
efficiency beyond that required by the California Energy Code. Reach Codes must receive prior
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approval from the California Energy Commission and shown to be cost effective. The City is
collaborating with a coalition of jurisdictions across the State in this effort.
With the City’s participation in Monterey Bay Community Power, which will begin delivering
carbon-free electricity to the City on January 1, 2020, and direction from the City Council to
pursue a 2035 Carbon-Neutral goal, electrification of buildings is an important part of the City’s
overall climate action strategies.
As a result, City staff and the applicant’s representative discussed ways to ensure that this project
complies with the upcoming energy requirements for all new development in the City. This
discussion has resulted in an additional condition of approval (Resolution, Attachment B,
Condition #3) requiring that the project comply with the updated codes even if an application is
submitted prior to January 1, 2020, when the new requirements are expected to go into effect. If
building permits are submitted prior to the effective date of these codes, submittal and approval
of a Carbon Reduction Plan (CRP) that describes how the project complies with the new code
will be required. If the building permit application is submitted after January 1, 2020, then the
same requirements would apply to this project as to all other building permit applications.
Condition #3:
3. At time of the first building permit application, a Carbon Reduction Plan (CRP) outlining
specific project components above and beyond standard requirements (e.g., California
Building Code, City of San Luis Obispo Zoning Code, etc.) to achieve the amount of
greenhouse gas emissions savings for new construction shall be submitted and approved
by the Community Development Director. The CRP shall include at a minimum the
following:
a. An agreement to implementation CRP measures to the satisfaction of the Director
prior to issuance of building permit.
b. The project shall minimize onsite fossil fuel consumption to the greatest extent
feasible (e.g., all-electric suite appliances and building systems). Should the applicant
only be able to identify a fossil fuel-based appliance or system, the CRP must include
a justification for why an electric alternative is not feasible.
c. The project shall minimize transportation related greenhouse gas emissions through
programs (e.g., active transportation connectivity, private van transportation for
residents, showering/changing facilities, transit passes for employees and residents,
etc.).
d. The project shall minimize onsite energy consumption to the lowest feasible level
through measures above and beyond the California Building Code. The CRP must
include a justification for why the project is not able to achieve additional reductions.
e. All new buildings shall be constructed to be “solar ready”, including, but not limited
to, conduit runs, sufficient electrical panel space and designated circuits labeled as
“Reserved for Solar Energy System.”
With this new condition of approval in place, staff believes the project complies with the spirit
and intent of the City’s climate action efforts.
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ALTERNATIVES
1. Continue consideration of the project. The Council may continue its review of the project
to a date certain hearing if additional time or information is needed to make a decision. If
additional information is needed, direction should be provided to staff so that it can be
presented at that subsequent hearing.
2. Direct changes to the project proposal. The Council may direct staff and the applicant to
make specific changes to the project. Direction on changes should be specific and preferably
within the scope of the environmental document prepared for the project. Changes beyond
the scope of the IS/MND prepared for the project would require additional environmental
review and delay the project entitlement process.
3. Deny the project. The Council may deny the project, based on findings of inconsistency
with California State Law, the City’s General Plan, Zoning Regulations, and other applicable
City regulations. This is not recommended because staff’s initial analysis indicates the
project is consistent with the City’s land use and design policies as described in the staff
report.
Attachments:
a - Draft Ordinance
b - Draft Resolution
c - READING FILE 05-07-2019 Item 15 - 3985 Broad - 660 Tank Farm
d - Reading File - EID 1484-2018 Initial Study (660 Tank Farm Rd and 3985 Broad St)
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O
ORDINANCE NO. ______(2019 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO, CALIFORNIA, REZONING PROPERTY AT 660
TANK FARM ROAD FROM BUSINESS PARK (BP-SP) TO
COMMUNITY COMMERCIAL WITH SPECIAL FOCUS
OVERLAY (CC-SP-SF) AND AMENDING THE AIRPORT AREA
SPECIFIC PLAN ZONING FOR 660 TANK FARM ROAD AND 3985
BROAD STREET TO COMMUNITY COMMERCIAL WITH
SPECIAL FOCUS AREA (C-C-SP-SF) AND MAKING
ASSOCIATED AMENDMENTS TO THE AIRPORT AREA
SPECIFIC PLAN TO BE CONSISTENT WITH THE PROPOSED
NORTHWEST CORNER ASSISTED LIVING AND
COMMERCIAL-RETAIL PROJECT, AND WITH THE GENERAL
PLAN AS AMENDED
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 April 10, 2018, and recommended amendments to the Airport Area Specific Plan (AASP)
including a revision to the City’s Zoning Map and associated text amendments (Exhibits A and B,
attached) consistent with the Northwest Corner Project as part of the entitlement process for the
project (SPEC 1482-2018, SBDV-1483-2018, and ARCH 1486-2018); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on May 7, 2019 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California,
for the purpose of considering the Project and associated entitlements and continued the item to
allow staff additional time to evaluate comments received in response to public review of the
Project’s associated Initial Study-Mitigated Negative Declaration; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on July 16, 2019 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, for the purpose of considering the Project and associated entitlements; and
WHEREAS, the City Council finds that the proposed amendments are consistent with
the project’s associated General Plan designations as amended (related to the Northwest Corner
project), the purposes of the Zoning Regulations, and other applicable City ordinances; and
WHEREAS, the City Council adopted an Initial Study/Mitigated Negative Declaration
for the project (SCH #2019049030) that addressed impacts related to the AASP amendments
including the rezone at its public hearing of July 16, 2019; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
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Ordinance No. _____(2019 Series) Page 2
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 ORDAINED , by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council hereby finds that this
action has been environmentally reviewed pursuant to the provisions of the California
Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the
State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.) and
the City's local standards. The City prepared an Initial Study/Mitigated Negative Declaration
and, based on information contained in the initial study, concluded that there was not substantial
evidence, in light of the whole record, that the project as mitigated would have a significant impact
on the environment. The City adopted the Initial Study-Mitigated Negative Declaration on July
16, 2019, pursuant to Resolution No. ______ (2019 Series), made certain CEQA findings, and
adopted a Mitigation and Monitoring Program. A Notice of Determination was filed with the San
Luis Obispo County Clerk Recorder’s Office on July_____, 2019.
SECTION 2. Findings. Based upon all evidence, the City Council makes the following
findings:
1. The proposed amendments to the General Plan, including the rezone, and Airport Area
Specific Plan land use amendments as shown in Exhibit A bring the parcels included in the
project into consistency with existing zoning of the subject parcel which was rezoned to
Community-Commercial with Special Focus Overlay (C-C-SF) when the 2014 Land Use
and Circulation Element update was adopted.
2. The proposed project is consistent with policy objectives of the Broad Street and Tank
Farm Road Special Focus area since it provides a mix of uses with a strong commercial
presence at the intersection.
3. The AASP as amended is consistent with policy direction for the area included in the
General Plan and in particular the following General Plan policies:
a. LUE Policies 2.2.4 and 2.2.5 provide for neighborhood connections in new projects,
both internally and externally so as to integrate new projects into the neighborhoods
in which they are proposed, as well as take advantage of opportunities for locating
new development close to major employers, retailing and multi -modal transportation
facilities;
b. LUE Policies 2.3.1, 2.3.6 and 2.3.9, 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 retail
and personal services;
c. LUE Policy 3.4.1 encourages mixed-use projects in Community-Commercial districts
to provide support services near retailing and office facilities;
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d. LUE Policy 8.13 establishes the “Special Focus” Area #12 at the subject site to
facilitate improvements to bicyclist and pedestrian facilities in the project area, and by
integrating uses within the larger established Tank Farm-Broad Street neighborhood
reduce vehicle trips and provide additional employment and retailing opportunities to
this part of town; and
e. The AASP as amended is also consistent with all other applicable General Plan
policies, as described and analyzed in the April 10, 2019 staff report to the Planning
Commission for this project.
4. On September 19, 2018, The County of San Luis Obispo Airport Land Use Commission
found the proposed project to be consistent with the Airport Land Use Plan (ALUP) under
authority of Section 2.7 of the ALUP.
SECTION 3 . Action. The City Council of San Luis Obispo hereby 1) approves the
rezone and land use map amendment as shown in attached “Exhibit A,” which is consistent with
the land use designations included in the General Plan as amended, and 2) approves amendments
of the text of the Airport Area Specific Plan attached hereto marked “Exhibit B”.
SECTION 4 . Severability. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
INTRODUCED on the 16th day of July 2019, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on ____ day of _____________, 2019, on the following
vote:
AYES:
NOES:
ABSENT:
______________________________
Mayor Heidi Harmon
ATTEST:
Teresa Purrington
City Clerk
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APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, this ____ day of _________________, 2019.
Teresa Purrington
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R _______
RESOLUTION NO. ______ (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,
VESTING TENTATIVE TRACT MAP 3115, CREEK SETBACK
EXCEPTION, AND ARCHITECTURAL DESIGN REVIEW TO ALLOW
THE PHASED DEVELOPMENT OF AN ASSISTED LIVING FACILITY
AND COMMERCIAL DEVELOPMENT INCLUDING A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL REVIEW AS
REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND
ATTACHMENTS DATED JULY 16, 2019 (660 TANK FARM ROAD, 3985
BROAD STREET; EID-1484-2018, SPEC-1482-2018, SBVD-1483-2018,
ARCH-1486-2018)
WHEREAS, t he Planning Commission conducted a public hearing in the Council
Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 10, 2019 ,
and recommended that the City Council approve the proposed project which includes a Specific
Plan Amendment, General Plan Amendment and Rezone, Tentative Tract Map 3115, Creek
setback exception, and Architectural review to allow a mixed-use project covering seven (7)
parcels with up to 49,269 square feet of commercial development and up to 133,656 square feet of
assisted living facility including 139 living units and support services (SPEC-1482-2018, SBVD-
1483-2018, ARCH-1486-2018) (“Project”); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on May 7, 2019 and July 16, 2019 in the Council Chamber of City Hall, 990 Palm Street, San Luis
Obispo, California, for the purpose of considering the Project and associated entitlements; 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
(SPEC-1482-2018, SBVD-1483-2018, ARCH-1486-2018), with entitlements effective upon final
adoption and effective date of an ordinance amending the zoning designation of the property,
including a Specific Plan Amendment, General Plan Amendment and Rezone, Vesting Tentative
Tract Map 3115, Creek setback exception, and Architectural review to allow a mixed-use project
covering seven (7) parcels with up to 49,269 square feet of commercial development and up to
133,656 square feet of assisted living facility including 139 living units and support services
(hereinafter referred to collectively as the “Project”) based on the following findings:
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General Plan Amendment and Airport Area Specific Plan Amendment Findings:
1. The proposed amendments to the General Plan, including the rezone, and Airport Area
Specific Plan (AASP) land use amendments, subject to final adoption as introduced in
Ordinance No. ____ (2019 Series) (introduced concurrently herewith), will bring the
parcels included in the Project into consistency with existing zoning of the subject parcel
which was rezoned to Community-Commercial with Special Focus Overlay (C-C-SF)
when the 2014 Land Use and Circulation Element update was adopted.
2. The proposed Project is consistent with policy objectives of the Broad Street and Tank
Farm Road Special Focus area since it provides a mix of uses with a strong commercial
presence at the intersection.
3. The AASP as amended is consistent with policy direction for the area included in the
General Plan and in particular the following General Plan policies:
a. LUE Policies 2.2.4 and 2.2.5 provide for neighborhood connections in new projects,
both internally and externally so as to integrate new projects into the neighborhoods in
which they are proposed, as well as take advantage of opportunities for locating new
development close to major employers, retailing and multi -modal transportation
facilities;
b. LUE Policies 2.3.1, 2.3.6 and 2.3.9, 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 retail
and personal services;
c. LUE Policy 3.4.1 encourages mixed-use projects in Community-Commercial districts
to provide support services near retail and office facilities;
d. LUE Policy 8.13 establishes the “Special Focus” Area #12 at the subject site to
facilitate improvements to bicyclist and pedestrian facilities in the project area and, by
integrating uses within the larger established Tank Farm-Broad Street neighborhood,
to reduce vehicle trips and provide additional employment and retail opportunities to
this part of town; and
e. The AASP as amended is also consistent with all other applicable General Plan
policies, as described and analyzed in the April 10, 2019 staff report to the Planning
Commission for this Project.
4. On September 19, 2018, The County of San Luis Obispo Airport Land Use Commission
found the proposed Project to be consistent with the Airport Land Use Plan under authority
of Section 2.7 of the ALUP.
5. Amendments as proposed to the AASP will not be detrimental to the surrounding area or
cause a decline in quality of life for residents, employees and others in the project vicinity
since the Project has been reviewed and conditioned by City Departments for conformance
with area plans, standards, policies, and regulations applicable to the site.
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Vesting Tentative Tract Map, and Architectural Review findings:
1. The site is physically suitable for the type and density of development proposed, and as
otherwise allowed in the Community -Commercial with Special Focus Overlay (C -C -
SF) and Conservation and Open Space Overlay (C/OS) zoning districts.
2. As conditioned, the design of Vesting Tentative Tract Map 3115 is consistent with the
General Plan because the proposed subdivision respects existing site constraints, will
incrementally add to the City’s commercial and adult/senior care inventory, results in
parcels that meet prescribed density standards, and will be consistent with the development
standards of the Airport Area Specific Plan (AASP).
3. The design of the vesting tentative tract map and the proposed improvements as designed
and conditioned herein are not likely to cause serious health problems, substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their
habitat.
4. The tentative map, as conditioned, will comply with all environmental mitigation
measures prescribed herein, and therefore is consistent with the California Environmental
Quality Act, and the adopted Initial Study-Mitigated Negative Declaration (IS-MND).
5. The Project’s mix of uses provides greater public benefits than a single-use development
of the site because it provides both a mix of commercial uses and includes an assisted living
facility not otherwise available in the immediate area, it is located along a major transit,
bike, and pedestrian corridor, and is in close proximity to workplaces and services.
6. The proposed parking reduction for the Special Focus Area #12 is consistent with shared-
parking projects within the City and based on the design of the center with separate
commercial buildings on separate parcels with shared access, the anticipated mix of uses
will not result in significant or sustained parking deficiencies.
7. The proposed design exception to allow 11’ travel lanes on Tank Farm Road, where 12’ is
otherwise required, responds to existing constraints and is supported by the Public Works
Transportation Division, since the minor exception will continue to permit reconfiguration
of travel lanes to maximize safe vehicle movements through the area in a manner consistent
with the Circulation Element.
8. The proposed creek setback exception is limited as the majority of the site adjoining the
creek meets the minimum 35-foot standard and creek habitat restoration will be provided.
The limited exception will not result in a reduction of open space along this section of
Orcutt Creek that would otherwise compromise habitat protection in the area, and is
consistent with the policies of the Conservation and Open Space Elements of the General
Plan to protect habitat and provide for restoration of degraded creek corridors.
SECTION 2. Environmental Review. Based upon all evidence in the record before it,
including the initial study and any comments received, the City Council hereby adopts the Final
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Initial Study-Mitigated Negative Declaration (IS-MND) prepared and circulated for the Project,
and adopts the following CEQA Findings in support of all entitlements related to the Project:
1. The Northwest Corner Mixed-Use Project Initial Study-Mitigated Negative Declaration
(IS-MND) was prepared and circulated for public review in accordance with the California
Environmental Quality Act (CEQA) and the State CEQA Guidelines, it reflects the lead
agency’s independent judgment and analysis, and it adequately addresses potential
environmental impacts associated with the proposed Project; and
2. There is no substantial evidence that the Project will have a significant effect on the
environment as mitigated in accordance with the measures identified in the IS-MND; and
3. In adopting the IS-MND for the Project, which is within the boundaries of a comprehensive
airport land use plan, the City Council finds and declares that the Project will not result in
safety hazard or noise problems for persons using the airport or for persons residing or
working in the project area; and
4. All potentially significant environmental effects were analyzed adequately in the
referenced IS-MND, subject to the following mitigation measures being incorporated into
the Project and subject to the mitigation monitoring program identified in the IS-MND,
which is hereby adopted:
AIR QUALITY MITIGATION MEASURES
AQ-1 Standard Control Measures for Construction Equipment
The following standard air quality mitigation measures shall be implemented during the site
preparation and grading phases of construction 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 CARB-certified motor
vehicle diesel fuel (non-taxed version suitable for use off-road);
• Comply with the State Off-Road Regulation;
• Use on-road heavy-duty trucks that meet the CARB’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 500 feet of sensitive receptors shall not be permitted;
• Staging and queuing areas shall not be located within 500 feet of sensitive receptors;
• Equipment shall be electrified when feasible;
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• Gasoline-powered equipment shall be substituted in place of diesel-powered equipment,
where feasible; and
• Alternatively-fueled construction equipment shall be used on-site where feasible, such as
compressed natural gas, liquefied natural gas, propane or biodiesel.
AQ-2 Best Available Control Technology. Diesel construction equipment used during the
site preparation and grading phases shall be equipped with CARB Tier 3 or Tier 4
certified off-road engines and 2010 on-road compliant engines.
• AQ-1 through AQ-2 Monitoring Program:
These conditions shall be noted on all project grading and building plans. The Building Inspector
and Public Works Inspectors shall conduct field monitoring.
BIOLOGICAL RESOURCES MITIGATION
BIO-1 Vegetation Removal Timing. Vegetation removal and initial site disturbance for any
project elements shall be conducted between September 1st and January 31st outside of
the nesting season for birds. If vegetation removal is planned for the bird nesting season
(February 1st to August 31st), then preconstruction nesting bird surveys shall be
required to determine if any active nests would be impacted by project construction. If
no active nests are found and vegetation removal is conducted within 5 days of the
survey and is done continuously, then no further survey work shall be required.
Additional surveys during the nesting season shall be conducted as needed if there is
any break in vegetation removal, grading and/or construction lasting more than 5 days.
If any active nests are found that would be impacted by vegetation removal, grading
and/or construction, then the nest sites shall be avoided with the establishment of a non-
disturbance buffer zone around active nests as determined by a qualified biologist. Nest
sites shall be avoided and protected within the non-disturbance buffer zone until the
young are no longer reliant on the nest site for survival (have fledged) as determined by
a qualified biologist. All workers shall receive training on good housekeeping practices
during construction that will discourage nests from being established within the work
area (e.g., cover stored pipe ends, cover all equipment not being used daily, etc.). A
qualified biologist shall regularly walk the construction area to look for nest starts and
review site for good housekeeping practices. As such, avoiding disturbance or take of
an active nest would reduce potential impacts on nesting birds to a less-than-significant
level.
BIO-2 Clean Water Act Permitting. The applicant shall obtain Clean Water Act (CWA)
regulatory compliance in the form of a permit from the Corps or written documentation
from the Corps that no permit would be required for the proposed road crossing. Should
a permit be required, the applicant shall implement all the terms and conditions of the
permit to the satisfaction of the Corps. Corps permits and authorizations require
applicants to demonstrate that the proposed project has been designed and will be
implemented in a manner that avoids and minimizes impacts on aquatic resources to the
extent practicable. Compliance with Corps permitting would also include obtaining and
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CWA 401 Water Quality Certification from the Regional Water Quality Control Board
(RWQCB). In addition, the Corps and RWQCB may require compensatory mitigation
for unavoidable permanent impacts on waters of the U.S./State to achieve the goal of a
no net loss of wetland values and functions. As such, with implementation of the 3:1
ratio of creek enhancement mitigation plantings and regulatory compliance would
reduce potential impacts on waters of the U.S. to a less-than-significant level.
BIO-3 Streambed Alteration Agreement. The applicant shall obtain compliance with Section
1602 of the California Fish and Game Code (Streambed Alteration Agreements) in the
form of a completed Streambed Alteration Agreement, or written documentation from
the CDFW that no agreement would be required for the proposed road crossing. Should
an agreement be required, the property owners shall implement all the terms and
conditions of the agreement to the satisfaction of the CDFG. The CDFG Streambed
Alteration Agreement process encourages applicants to demonstrate that the proposed
project has been designed and will be implemented in a manner that avoids and
minimizes impacts in the stream zone. In addition, CDFG may require compensatory
mitigation for unavoidable permanent impacts on waters of the State. As such, with
implementation of the 3:1 ratio of creek enhancement mitigation plantings and
regulatory compliance would reduce potential impacts on waters of the U.S. to a less-
than-significant level.
• B-1 through B-3 Monitoring Program:
Prior to issuance of any grading or building permits, Community Development Department staff
will verify that necessary permitting and certification requirements have been met and that all
improvement plans, landscaping plans and/or relevant construction permits include the required
measures for mitigation plantings, creek enhancement, and any compensatory mitigation measures
for impacts to Waters of the U.S. as required by the Corps of Engineers and RWQCB.
CULTURAL RESOURCES MITIGATION
CR-1 Halt Work Order for Discovery of Previously Unidentified Cultural Resources. In
the event that historical or archaeological remains are discovered during earth disturbing
activities associated with the project, an immediate halt work order shall be issued, and
the Community Development Director shall be notified. A qualified archaeologist shall
conduct an assessment of the resources and formulate proper mitigation measures, if
necessary. After the find has been appropriately mitigated, work in the area may resume.
A Chumash representative shall monitor any mitigation excavation associated with
Native American materials.
CR-2 Halt Work Order for Discovery of Human Remains. In the event that human remains
are exposed during earth disturbing activities associated with the project, an immediate
halt work order shall be issued, and the Community Development Director shall be
notified. State Health and Safety Code Section 7050.5 requires that no further
disturbance of the site or any nearby area reasonably suspected to overlie adjacent
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human remains shall occur until the County Coroner has made the necessary findings as
to origin and disposition pursuant to Public Resources Code Section 5097.98. If the
remains are determined to be of Native American descent, the coroner shall notify the
Native American Heritage Commission within 24-hours.
• CR-1 to CR-2 monitoring program:
Community Development Department staff will verify appropriate notes identifying requirements
are listed prominently for contractor reference on applicable construction documents which
involve significant ground disturbance including grading or trenching.
NOISE MITIGATION
N-1 Sound Wall and or Special Building Considerations South Elevation Assisted
Living Facility. At the time of submittal of construction plans for the assisted living
facility, an acoustical engineering report/analysis will be submitted detailing
construction techniques for noise mitigation to ensure interior habitable spaces facing
south and to the east facing the loading dock area at Building 1, do not exceed annual
CNEL = 45 dBA. The mitigation will most likely be wall, window and door
assemblies, or a combination of these, with an enhanced Sound Transmission Class
rating to resist the street noise coming from Tank Farm Road.
• N-1 monitoring program:
Prior to issuance of building permits, the acoustical engineering report will be required by
Community Development Department staff to verify interior noise levels will not exceed 45 dBA,
and any requirements will be clearly noted on all plans for building construction.
N-2. Construction Equipment Best Management Practices. For all construction activity
at the project site that exceeds 60 dBA at the property line with the mobile home park
to the west, construction equipment 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.
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▪ 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 mobile home park to the west.
N-3. Neighboring Property Owner Notification and Construction Noise Complaints. The
contractor shall inform the property owner and current tenants at the time of construction of
the mobile home park to the west of the project site of proposed construction timelines and
noise complaint procedures to minimize potential annoyance related to construction noise.
Proof of mailing the notices 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.
• N-2 & N-3 monitoring program:
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.
Monitoring. 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 MITIGATION MEASURES
T-1 Tank Farm Road from Broad through Project Site to Mindbody intersection.
Provide a second westbound through lane on Tank Farm Road consistent with the cross
section in the Airport Area Specific Plan. Provide two westbound lanes, bike lanes, and
sidewalks consistent with the parkway arterial designation in the Airport Area Specific
Plan.
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T-2 Tank Farm Road from Old Windmill Lane to Santa Fe Road. The project shall
make a fair share contribution of 0.62 percent of the cost of widening Tank Farm Road
to four lanes between Santa Fe Road and Old Windmill Lane
T-3 Broad Street/Industrial Way. The project shall make a fair share contribution towards
converting the east and west approaches from split phasing to permissive phasing and
restriping both east and west legs of the intersection to provide dedicated left turn lanes
and shared through/right turn lanes.
T-4 Fair Share Contributions. The project applicant shall make fair share contributions
towards the following improvements through payment of Citywide Traffic Impact
Fees:
• Tank Farm Road/Higuera Street: Install a second southbound left turn lane.
• Tank Farm Road/Santa Fe Road: Install a multi-lane roundabout.
• Broad Street/Tank Farm Road: Install 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.
• MM T-2, T-3, and T-4 monitoring program:
The Transportation Division of Public Works, and the Community Development Department will
require that fair share contributions are paid prior to issuance of building permits.
• MM T-1 monitoring program:
The Transportation Division of Public Works, and the Community Development Department will
require that public improvements are completed prior to occupancy.
SECTION 3 . Action. The City Council hereby approves the proposed Project, subject
to adoption and effective upon the effective date of Ordinance No. _______ (2019 Series) and
subject to the following conditions:
Planning Division – Community Development Department
1. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers
and employees from any claim, action or proceeding against the City and/or its agents,
officers or employees to attack, set aside, void or annul, the approval by the City of this
project, and all actions relating thereto, including but not limited to environmental review
(“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified
Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in
the defense against an Indemnified Claim.
2. The Project shall be developed in accordance with and subject to all mitigation measures
identified in the IS-MND for the project and subject to the mitigation monitoring and
reporting program adopted above.
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3. At time of the first building permit application, a Carbon Reduction Plan (CRP) outlining
specific project components above and beyond standard requirements (e.g., California
Building Code, City of San Luis Obispo Zoning Code, etc.) to achieve the amount of
greenhouse gas emissions savings for new construction shall be submitted and approved by
the Community Development Director. The CRP shall include at a minimum the following:
a. An agreement to implementation CRP measures to the satisfaction of the Director prior
to issuance of building permit.
b. The project shall minimize onsite fossil fuel consumption to the greatest extent feasible
(e.g., all-electric suite appliances and building systems). Should the applicant only be
able to identify a fossil fuel-based appliance or system, the CRP must include a
justification for why an electric alternative is not feasible.
c. The project shall minimize transportation related greenhouse gas emissions through
programs (e.g., active transportation connectivity, private van transportation for
residents, showering/changing facilities, transit passes for employees and residents,
etc.).
d. The project shall minimize onsite energy consumption to the lowest feasible level
through measures above and beyond the California Building Code. The CRP must
include a justification for why the project is not able to achieve additional reductions.
e. All new buildings shall be constructed to be “solar ready”, including, but not limited
to, conduit runs, sufficient electrical panel space and designated circuits labeled as
“Reserved for Solar Energy System.”
4. Plans submitted for a building permit shall call out the colors and materials of all proposed
building surfaces and other improvements. Colors and materials shall be consistent with the
final approved color and material board and changes to approved colors or materials shall
require subsequent review and approval by the Community Development Director or the
approving authority for modifications deemed by the Director to constitute a significant
deviation from an original approval granted by the City Council.
5. The locations of all exterior lighting, including lighting on the structure, bollard style
landscaping or path lighting, shall be included in plans submitted for a building permit. All
wall-mounted lighting fixtures shall be clearly called out on building elevations included as
part of working drawings. All wall-mounted lighting shall complement building architecture.
The lighting schedule for the building shall include a graphic representation of the proposed
lighting fixtures and cut-sheets on the submitted building plans. The selected fixture(s) shall
be shielded to ensure that light is directed downward consistent with the requirements of the
City’s Night Sky Preservation standards contained in Chapter 17.23 of the Zoning
Regulations.
6. Mechanical and electrical equipment shall be located internally to the building. With submittal
of working drawings, the applicant shall include sectional views of the building, which clearly
show the sizes of any proposed condensers and other mechanical equipment. If any
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condensers or other mechanical equipment is to be placed on the roof, plans submitted for a
building permit shall confirm that parapets and other roof features will provide adequate
screening. A line-of-sight diagram may be required to confirm that proposed screening will
be adequate. This condition applies to both initial project construction and later building
modifications and improvements.
7. A final landscaping plan, including irrigation details and plans, shall be submitted to the
Community Development Department along with working drawings. The legend for the
landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees with
corresponding symbols for each plant material showing their specific locations on plans.
8. The location of any required backflow preventer and double-check assembly shall be shown
on all site plans submitted for a building permit, including the landscaping plan. Construction
plans shall also include a scaled diagram of the equipment proposed. Where possible, as
determined by the Utilities Director, equipment shall be located inside the building within 20
feet of the front property line. Where this is not possible, as determined by the Utilities
Director, the backflow preventer and double-check assembly shall be located in the street yard
and screened using a combination of paint color, landscaping and, if deemed appropriate by
the Community Development Director, a low wall. The size and configuration of such
equipment shall be subject to review and approval by the Utilities and Community
Development Directors.
9. A final sign program for the Commercial site shall be approved by the Director of Community
Development prior to issuance of building permits for that phase of the project. The sign
program shall include information on the sizes, locations, colors, materials, types, and
illumination of all signage. Project signs shall be designed to be compatible with the
architecture of proposed buildings and complement the site’s setting.
10. Inclusionary Housing. Prior to issuance of building permits, inclusionary in-lieu fees of 5%
of building evaluation shall be paid.
11. The following use standards and conditions reflect requirements established under the San
Luis Obispo County Airport Land Use Commission’s (ALUC) determination of consistency
(9-19-2018) and shall be complied with as follows:
a. The Project submitted to the County under Referral Letter dated July 25, 2018 shall be
conditioned by the City to be consistent with said referral, and will not be changed
without the input of the ALUC;
b. Airport Area Specific Plan Amendments as provided herein are limited to the subject
property;
c. Non-residential density for the site within the S-1c Safety Area would be limited to a
maximum 120 persons/acre;
d. Maximum building heights would be 35’;
e. Interior noise standards of the Airport Land Use Plan (ALUP) would be met inside the
assisted living facility;
f. No improvements would constitute a navigation hazard as defined by the ALUP;
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g. Uses that would potentially interfere with takeoffs, landings and maneuvering of aircraft
would be prohibited;
h. Avigation easements would be required for the site; and,
i. Disclosures would be provided to potential buyers and tenants regarding airport
operations.
12. Prior to issuance of grading and construction plans, demonstrate compliance with APCD
Rule 501 which prohibits developmental burning of vegetative material.
13. Prior to demolition of the vacant residence at 660 Tank Farm Road, demonstrate
compliance with APCD requirements for demolition of structures which may contain
asbestos-containing material (ACM).
14. Prior to issuance of grading and construction plans, demonstrate compliance with CARB
Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface
Mining Operations (17 CCR 93105).
15. The project shall comply with APCD and CARB rules regarding portable equipment, (50
hp) or greater (listed in CEQA Air Quality Handbook Tech. Appendices, Page 4-4), used
during construction activities.
16. Dust Control: To further mitigate potential impacts to sensitive receptors, staff
recommends inclusion of APCD dust control measures into the IS-MND Air Quality
Mitigation Measures as noted in the letter to ensure compliance with APCD Rules 401 &
402 (Dust control and nuisance violations). Staff will incorporate noted Dust Control
Measures (a-n) into the final IS-MND as Air Quality Mitigation Measures AQ-3.
17. Limits of Idling during Operational Phase:
Because the truck loading dock is within 1,000 feet of sensitive receptors (assisted care
facility), in addition to required ongoing compliance with California Regulations regarding
truck and bus idling (Title 13, CCR Section 2485), the project shall comply with the
following more restrictive requirements to minimize impacts to nearby receptors:
-Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
-Diesel idling within 1,000 feet of sensitive receptors shall not be permitted;
-Use of alternative fueled equipment and electrification of loading docks (e.g., electrical
plug-ins for truck refrigeration units and electrification of loading equipment) is
recommended; and
-Signs that specify the no idling areas must be posted and enforced at the site.
Engineering Division – Public Works/Community Development Department
18. Any easements including but not limited to provisions for all public and private utilities,
access, grading, drainage, open space, slope banks, construction, public and private
streets, transit easement, pedestrian and bicycle facilities, common driveways, and
maintenance of the same shall be shown on the final map and/or shall be recorded
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separately prior map recordation. Said easements may be provided for in part or in total
as blanket easements.
19. The final map and improvement plans shall show the extent of all existing and proposed on-
site and off-site offers of dedication. Subdivision improvement plans and or preliminary
designs may be required for any deferred improvements so that dedication limits can be
established. These improvements may include but are not limited to road construction and
widening, grading and drainage improvements, utility easements, bridges, bike bridges,
transit stops, bikeways, pedestrian paths, and signalized intersections.
20. The final map and/or improvement plans shall show and label the separate access easements
to serve the Sesloc property to the north and the redevelopment project to the west known
as 650 Tank Farm Road. The map and plans shall show and label the proposed private
sewer main easement to serve the proposed Sesloc development to the north. Separate
easement agreements shall be prepared and finalized by the developer.
21. The subdivider shall dedicate a 10’ wide street tree easement and 15’ wide public utility
easement (P.U.E.) across the Broad Street and Tank Farm Road frontages of each lot. Said
easements shall be adjacent to and contiguous with all public right-of-way lines bordering
each lot.
22. Access rights shall be dedicated to the City along the Broad Street and Tank Farm Road
frontages except at approved driveway locations. Said dedications shall be shown and
labeled on the final map.
23. The developer shall include any other out-of-tract offers of dedication related to the need
for public utility extensions related to orderly development of the AASP that are not
otherwise located within a public street.
24. All private improvements shall be owned and maintained by the individual property owners
and/or a Commercial Owner’s Association as applicable. Private improvements include but
are not limited to streets, drive aisles, parking lot improvements, sidewalks, private
pedestrian/bike paths, private sewer mains/laterals, water services, fire services, reclaimed
water services, drainage systems, detention basin(s), site lighting, landscape, landscape
irrigation, and common areas.
25. A notice of requirements or other agreement acceptable to the City of San Luis Obispo may
need to be recorded in conjunction with the Final Map to clarify development restrictions,
fee payments, conditions of development, and references to any pertinent conditions of
approval related to this map and/or off-site requirements.
26. Off-site improvements, easements and/or dedications may be required to facilitate through
street access and public water, recycled water and sewer main extensions beyond the tract
boundary and in accordance with the AASP.
27. Unless specifically approved by the City, all public and private subdivision improvements
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shall be approved prior to map recordation and/or building permit issuance, whichever
occurs first. Subdivision sureties shall be provided for all subdivision improvements if the
map will record prior to completion of the improvements.
28. Unless phased or interim improvements are approved by the City, all pertinent public and
private subdivision improvements shall be completed prior to building occupancy.
29. The subdivider shall remove the off-site right-in/right-out turning island serving the Sesloc
property within the Broad Street right-of-way. This access will be replaced by a similar on-
site access to the perimeter roadway along the northern edge of the site adjoining the
SESLOC property. The new access driveway off of Broad Street shall restrict access to
right-in/right-out/left-in only. The developer shall provide written notice to Sesloc on the
proposed construction schedule and timing related to the off-site public and private
improvements related to the abandonment of the Sesloc driveway. A copy of said
notification shall be provided to the City.
30. A separate building permit/parking lot permit shall be processed for the proposed private
Sesloc on-site improvements required to accommodate the closure of the southerly Sesloc
parking lot access. The driveway shall not be closed until a secondary access is provided
unless otherwise approved by Sesloc and the City.
31. With respect to any off-site improvements, prior to filing of the Final Map, the subdivider
shall either:
a. Clearly demonstrate their right to construct the improvements by showing access to,
title or interest in the property in a form acceptable to the City Engineer; or,
b. Demonstrate, in writing, that the subdivider has exhausted all reasonable efforts to
acquire interest to the subject property and request that the City assist in acquiring the
property required for the construction of such improvements and exercise its power of
eminent domain in accordance with Government Code Section 66462 .5 to do so, if
necessary. Subdivider shall also enter into an agreement with the City to pay all costs
of such acquisition including, but not limited to, all costs associated with
condemnation. Said agreement shall be in a form acceptable to the City Engineer and
the City Attorney. If condemnation proceedings are required, the subdivider shall
submit, in a form acceptable to the City Engineer, the following documents regarding
the property to be acquired:
i. Property legal description and sketch stamped and signed by a Licensed Land
Surveyor or Civil Engineer authorized to practice land surveying in the State of
California;
ii. Preliminary title report including chain of title and litigation guarantee;
iii. Appraisal of the property by a City approved appraiser. In the course of
obtaining such appraisal, the property owner(s) must be given an opportunity to
accompany the appraiser during any inspection of the property or acknowledge
in writing that they knowingly waived the right to do so;
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iv. Copies of all written correspondence with off-site property owners including
purchase summary of formal offers and counter offers to purchase at the
appraised price.
v. Prior to submittal of the aforementioned documents for City Engineer approval,
the Subdivider shall deposit with the City all or a portion of the anticipated costs,
as determined by the City Attorney, of the condemnation proceedings. The City
does not and cannot guarantee that the necessary property rights can be acquired
or will, in fact, be acquired. All necessary procedures of law would apply and
would have to be followed.
32. All public streets shall conform to City Engineering Standards and AASP including curb,
gutter, and sidewalk, driveway approaches, and curb ramps as approved by the City
Engineer. Where conflicts occur between the City Engineering Standards and concepts
identified in the AASP and/or this project approval, a final determination on design shall be
provided by the City Engineer.
33. Final roadway alignment shall be consistent with the AASP, Bike Plan, and City Engineering
Standards except where the applicant has requested and been granted a formal design
exception by the City Engineer.
34. The development plans shall be revised to include the circulation changes shown at the
project interface with the SESLOC access driveway to the north as shown on Conceptual
Site Plan sheet SP-1 dated 2/5/19 and Bethel Engineering reference plan sheet 1 of 1 dated
1/23/19. The final orientation of the through street, stop controlled drive aisle, pedestrian
access, and bike connectivity shall be approved to the satisfaction of the City Engineer.
35. The improvement plans shall include all final line-of-sight analysis at applicable
intersections to the satisfaction of the Public Works Department. Fence heights and
plantings in the areas of control shall be reviewed in conjunction with the analysis. A
separate recorded declaration, covenant, agreement or Notice of Requirements for private
property owner maintenance of sight lines may be required.
36. Any jurisdictional permits from the Army Corp, Fish and Wildlife, or Regional Water
Quality Control Board required for the drainage, site improvements, street and road
improvements shall be issued prior to plan approval and/or commencing with work within
the respective waterways.
37. All mitigation measures (MM) specific to Transportation requirements shall be provided
as detailed under this Resolution to the satisfaction of the City Engineer.
38. Access rights for the development at 650 Tank Farm Road shall be dedicated prior to
or concurrent with the recordation of the final map. Improvements for access would be
completed by the development at 650 Tank farm Road under the conditions of their permits.
A shared maintenance program for this access may be prepared between the parties and will
be included with disclosures to prospective tenants and buyers as provided in these
conditions.
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39. The subdivider shall install public street lighting and all associated facilities including but
not limited to conduits, sidewalk vaults, fusing, wiring and luminaires along all public
streets and intersections per City Engineering Standards.
40. Private site lighting shall be provided per City Engineering Standards. Unless otherwise
waived by the City, the through access roadway/bikeway from the northerly tract boundary
to the signal at Tank Farm Road shall include street/pathway lighting per City Engineering
Standards and the City’s Bike Plan.
41. Improvement plans for the entire subdivision, including any off-site improvements shall
be approved to the satisfaction of the Public Works Department, Utilities Department,
and Fire Department prior to map recordation.
42. The improvement plans shall clearly show all existing structures, site improvements,
utilities, water wells, septic tanks, leach fields, gas and wire services, etc. The plan shall
include the proposed disposition of the improvements and any proposed phasing of the
removal and demolition. All structures and utilities affected by the proposed lot lines shall
be removed and receive final inspection approvals prior to map recordation.
43. The improvement plan submittal shall include a complete construction phasing plan in
accordance with the conditions of approval, City codes, and standards. A truck circulation
plan and construction management and staging plan shall be included with the improvement
plan submittal. General truck routes shall be submitted for review and acceptance by the
City. The engineer of record shall provide a summary of the extent of cut and fill with
estimates on the yards of import and export material. The summary shall include rough
grading, utility trench construction, road construction, AC paving, concrete delivery, and
vertical construction loading estimates on the existing public roadways. The developer shall
either; 1) complete roadway deflection testing before and after construction to the
satisfaction of the City Engineer and shall complete repairs to the pre-construction condition,
or 2) shall pay a roadway maintenance fee in accordance with City Engineering Standards
and guidelines, or 3) shall propose a pavement repair/replacement program to the
satisfaction of the City Engineer prior to acceptance of the subdivision improvements.
44. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall
be served to each lot to the satisfaction of the Public Works Department and serving
utility companies. All public and private sewer mains shall be shown on the public
improvement plans and shall be constructed per City Engineering Standards unless a
waiver or alternate standard is otherwise approved by the City. The plans shall clearly
delineate and distinguish the difference between public and private improvements.
45. City recycled water or another non-potable water source, shall be used for construction water
(dust control, soil compaction, etc.). An annual Construction Water Permit is available from
the City’s Utilities Department. Recycled water is readily available near the intersection of
Tank Farm Road and Orcutt Road.
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46. Final grades and alignments of all public and/or private water, sewer and storm drains shall
be approved to the satisfaction of the Public Works Director and Utilities Department. The
final location, configuration, and sizing of service laterals and meters shall be approved in
conjunction with the review of the building plans, fire sprinkler plans, and/or public
improvement plans.
47. The improvement plans shall show the location of all domestic and landscape water meters.
The plan shall include service lateral sizes and meter sizes. Sizing calculations may be
required to justify service and meter sizing. Water impact fees related to the irrigation water
meter(s) shall be paid prior to approval of the subdivision improvement plans for each
pertinent map and/or construction phase.
48. Unless otherwise approved by the City, sewer laterals and/or private mains shall connect to
the public sewer main located within Tank Farm Road. If approved for connection in Broad
Street, a comprehensive plan based on the field confirmation of all existing public and
private utility depths shall be completed to confirm that a gravity sewer can be achieved
with gradients and utility clearances per City Engineering Standards.
Transportation Division - Public Works Department
49. The project shall pay all required transportation impact fees, including required County 227
Impact Fees, and fair share contributions as indicated in the traffic impact study, dated Nov.
11, 2018, and project environmental documents before building permits are issued.
50. The following required public improvements shall be completed by the property owner prior
to occupancy:
a. Re-stripe southbound approach at Broad Street/Tank Farm intersection to provide two
(2) left turn lanes, to the satisfaction of the Public Works Director. Improvements
include any required modifications to traffic signal detection, phasing operation and
timings to accommodate additional turn lane.
b. Locate curb and gutter and pave out Tank Farm Road to final Airport Area Specific
Plan cross section across entire property frontage. Stripe roadway to the satisfaction of
the Public Works Director.
c. Abandon SESLOC driveway to the north of the project site and reconstruct sidewalk,
parkway and gutter to City Standards.
d. The median on Tank Farm along the project frontage shall be reconstructed in concrete,
to the satisfaction of the Public Works Director.
e. Complete median design / access controls for right-in / right-out / left-in access at the
north project driveway on Broad Street, to the satisfaction of the Public Works Director.
f. Complete traffic signal improvements to the Tank Farm / Mindbody signal to the
satisfaction of the Public Works Director. This includes all required poles, signal heads,
cables, cabinet equipment, battery backups and all other necessary equipment for the
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traffic signal to function in its intended purpose, per Caltrans and City of San Luis
Obispo Standard Specifications.
51. Project shall grant a public access easement along the entire access roadway (connection
between Mindbody Signal and SESLOC property) to the west of the project site.
52. The project shall make efforts to encourage bicycle and transit users. To this end, the project
shall include the following:
• Transit – immediately south of the Broad Street ingress/egress (near buildings 5 & 6),
the planned sidewalk/landscape area along Broad Street shall be designed to easily
accommodate a bus turnout, should such demand arise in the future. A transit easement
sufficient to accommodate a future bus turnout shall be shown and offered on the map
or shall be offered by separate document, as determined by the City.
• Bike Racks – the following additional elements shall be installed to attract the use of
bicyclists: a) bike racks shall be located as close to building entrances as is practical;
b) at each bike each location, protective rain/sun canopies shall be installed, as well as
security lighting.
Utilities Department
53. The proposed utility infrastructure shall comply with the latest engineering design standards
effective at the time the building permit is obtained and shall have reasonable alignments
needed for maintenance of public infrastructure.
54. Revisions to the city owned fiber optic cable located along the east boundary of the project,
that may result from the proposed land use modifications, shall be adjusted or re-
constructed to the satisfaction of the Utilities Director.
55. The proposed project is within an area subject to shallow ground water. Heat-fused HDPE
pipe shall be used for the proposed private and public sewer collection system to prevent
groundwater infiltration.
56. If commercial uses in the project include food preparation, provisions for grease interceptors
and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall be provided
with the design. These types of facilities shall also provide an area inside to wash floor mats,
equipment, and trash cans.
57. The site is within the City’s Water Reuse Master Plan area and landscape irrigation for the
project shall utilize recycled water from the existing service that was stubbed to the property.
The irrigation system shall be designed and operated as described consistent with recycled
water standards in the City’s Procedures for Recycled Water Use, including the requirement
that sites utilizing recycled water require backflow protection on all potable service
connections. The irrigation plans shall be submitted to the Building Department for review
Packet Pg. 238
Item 14
Resolution No. _____ (2019 Series) Page 19
during the City’s building permit review process. Frontage improvements must include
approximately 950-feet of a new 8” recycled water main with new recycled water services
to the project. The alignment of the recycled water mains shall follow the engineering design
standards and shall be designed to the satisfaction of the Utilities Engineer.
58. The project’s commercial and residential uses shall be metered separately.
59. Public sewer and water pipe infrastructure shall not be extended into private access road, but
public water meters can be installed for each parcel with a dedicated access easement, to the
satisfaction of the Utilities Engineer.
60. Irrigation systems using recycled water shall be designed and operated as described consistent
with the City’s Procedures for Recycled Water Use, including the requirement that sites
utilizing recycled water require backflow protection on all potable service connections in
accordance with the Engineering Design Standards. Three sets of irrigation plans shall be
submitted for review during the City’s improvement plan and/or building permit review process.
61. Water flow rates and flow velocities shall comply with the minimum requirements of the
2016 Potable Water Distribution System Operations Master Plan.
62. Final grades and alignments of all public and/or private water, recycled water, and sewer
shall be approved to the satisfaction of the Utilities Department. The final location,
configuration, and sizing of on-site service laterals and meters shall be approved by the
Utilities Director in conjunction with the review of the building plans, fire sprinkler plans,
and/or public improvement plans.
Code Requirements:
63. Potable water shall not be used for major construction activities, such as grading and dust
control as required under Prohibited Water Uses; Chapter 13.07.070.C of the City’s
Municipal Code. Recycled water is available through the City’s Construction Water Permit
program.
64. Projects generating more than two cubic yards of total waste shall comply with AB 1826,
and local waste management ordinance to reduce greenhouse gas emissions.
65. Trash enclosure and refuse bins shall be sized to provide a reasonable level of service per
the requirements of the San Luis Garbage Company.
66. During Building Permit Review, the development of the plan shall be coordinated with San
Luis Garbage. The plan must be submitted for approval by the City's Utilities Engineer
prior to issuance of the project’s Building Permit.
Packet Pg. 239
Item 14
Resolution No. _____ (2019 Series) Page 20
Upon motion of Council Member_______________, seconded by________________, and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 16th day of July 2019.
____________________________________
Mayor Heidi Harmon
ATTEST:
_____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________________________
J. Christine Dietrick
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, 2019.
____________________________________
Teresa Purrington, City Clerk
Packet Pg. 240
Item 14
SLO CITY CLERK
PROOF OF PUBLICATION
(2015.5 C.C.P.)
//a4ii 41mi
1010 Marsh St., San 1
(805) 546-8208 • I
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a
resident of the county aforesaid; I am over the
age of eighteen years, and not a party interested
in the above entitled matter. I am the principal
clerk of the printer of the New Times, a
newspaper of general circulation, printed and
published weekly in the City of San Luis
Obispo, County of San Luis Obispo, and which
has been adjudged a newspaper of general
circulation by the Superior Court of the County
of San Luis Obispo, State of California, under
the date of February 5, 1993, Case number
CV72789: that notice of which the annexed
is a printed copy (set in type not smaller than
nonpareil), has been published in each regular
and entire issue of said newspaper and not in
any supplement thereof on the following dates,
to -Wit:
7�sl& L
in the year 2019.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, Cal fornix, this
day. L l af_�J , 2019.
W_Q;9�
Patricia Horton, New 'Times Legals
Ad,,,m.0 Pct.-nnalbN'rMOAdinii✓N7MOOff— 117uS IN LSSA'oblic None,,; ,-fnrPun
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The Sart Luis Obispo City Council invites all intorasted
persons to nitend a public hearing on Too 11111 July 16.
2019, at 6:00 pp.m. in the City [fed Council Ch. liar, 990
Palm Strout, Snn Luis dbiepo, California, relative to the
following:
downtown San Luis Obispa Property -Based
Business Improvement District - Consider establishing
the Property and Business lmprovamant District known as
Ilia "Qowrttown San Luis Obispo Property -Based Businass
Imprevamont District' pursuant to Iho provisions of the
Propor[y and Business Improvarnant District Law of T994
and to levy assossmurtts. information as to the proposed
assessmont is contained in llto following accompanying
deCnlTnfnlS: flesalution of Intention, Pfopnsillon 218
Assessment Ballot, and Ass wrest Ballot Instructions.
NOM The assessment sbail not be imposed if the ballots
submitted in opposition to the assessment exceed the
ballots submitted In favor of die assessment, with ballots
weighted according to the proportional financialobiigation
of the affected proporty.
All Interested persons aro invited to be present and
be -board. Written communications may be directed
lo: City Council. 990 Palm Street, Son Luis Obispo, CA
73401. For furthor information on the "Downtown San
Luis Obispo Proppeny-Basad Business lmprovemanl
Disifict," contact Bettina Swigger, CEO Downtown SLO.
at beltine0downtownsle,com or 18051 234.9617. Far
further information an the public hearing, coniacI To rasa
Purring[on, City Clork, attpurringlonc%slocity. org er at 18051
781-710Z
580 Tank Farm Road and 3985 Broad Street -
Arnendment to the, Airport. Area Specific Plan amending
thn land use designulion from Business Park (BP•5Pl to
Community -Commercial with Special Focus Overlay 1C•C-
SP-SF}; General Plan Amondrnont and Rerone amending
a portion of the site Iroln Business Park to Communi -
Commarc,sl with Spacial Focus Overlay (C-C-SP-Sfq;
Veslinp Tentative Map (Tract 3115) to create seven (7} lots;
Dasign Review fora ccmmerrial contar wirh49,001)square
fool, and assisted living facility with 139 units; Croak
Solhnck Exception, and roviow of a CEr1A Initial Study-
Millgatad Negative Declaration of Eavironmontal impact
L 1
I �
For more information, you are Invited to contact Brian
Levaiile of Ilia CiWs Community Development Department
6118051181-7166 or by email at bloveillaGriocity.org.
loo City Council "I'll
also discuss other hearings or
business horns before or after the items Ilsled abdva. If
yflu chal tonga tha proposed protects in court, you may ba
limitod to raising only thcss issues you or someone also
raised at IW public hoariag doscribad in this notice, or in
written corraspandenco dafivorod tithe City Council at, or
0riarto, the public hearings.
Reports for this mauling will ba available for review In
the City Clerk's Office end online at www-$IoOty.org on
Wodnestlay, July 10, 7019. Pleaso cell the City Clark's
Office at (805) 781-7100 for more information. The City
Council meeft wlll be televised live on Charter Cable
Chan net 20 and live streaming on www.slocItyorg.
Teresa Purrin0Ion, City Ctork
City of San Luis Obispo
July 4, 2019